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COW 2023-02-13 COMPLETE AGENDA PACKET
Tukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE ❖ �q J��1LA A. °,„„A. Si `''n�r 1905%%% Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn David Cline, City Administrator + Kate Kruller + Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp THE MEETING WILL ON-SITE THE Monday, February BE CONDUCTED PRESENCE WILL PHONE NUMBER For Technical 13, 2023; 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 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 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. SPECIAL ISSUES a. A resolution updating the Fire Permit Fee Schedule. b. Equity Policy Implementation Committee (EPIC) Annual Review. Pg.1 Pg.29 5. REPORTS a. Mayor b. City Council c. Staff 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE MEETING February 13, 2023 Page 2 ❖ SPECIAL MEETING ❖ • Ord #2698 • Res #2064 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Authorize the Mayor to sign a contract with PACE Engineers for the Sewer Lift Station No. 5 Rebuild Project for design and construction management services, in the amount of $236,801.25. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 2/6/23.] b. Authorize the Mayor to sign Amendment No. 2 to contract #21-074 with At Work! Commercial Enterprises, LLC for shoreline maintenance services for the Green the Green Project, in the amount of $37,191.00 (bringing the original contract over $40,000.00). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 2/6/23.] c. Authorize the Mayor to sign a grant agreement with the Washington State Department of Commerce for the Growth Management Act Periodic Update, in the amount of $62,500.00. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 2/6/23.] d. A resolution authorizing the duly-appointed administering agency for South King Housing and Homelessness Partners (SKHHP) to execute all documents necessary to enter into agreements for the funding of affordable housing projects, as recommended by the SKHHP Executive Board, utilizing funds contributed by the City of Tukwila to the SKHHP Housing Capital Fund. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 2/6/23.] Pg.41 Pg.61 Pg.73 Pg.97 3. UNFINISHED BUSINESS a. Authorize the Mayor to sign a grant agreement with King County Metro for the 2023-2024 Transportation Demand Management Program, in the amount of $225,000.00. b. Approve renewal of Seattle City Light (SCL) temporary construction permit for the use of SCL's fee-owned transmission line corridor property located adjacent to the Fleet and Facilities Building, in the amount of $59,781.94. Pg.123 Pg.165 4. NEW BUSINESS For discussion of Consent Agenda items on/y, if necessary. 5. 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 Initials Meeting Date Prepared by Mayor's review Council review 2/13/2023 CT 3/6/23 CT ITEM INFORMATION ITEM No. 4.A. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 2/13/23 AGENDA ITEM TITLE Updating Fire Permit Fees 2023-2025 CATEGORY ® Discussion Mtg Date 2/13/23 Motion Mtg Date Resolution Mtg Date 3/6/23 ❑ Ordinance Mtg Date U Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Fire permit fees to be updated for 2023-2025 in alignment with Puget Sound Regional Fire Authority. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. DATE: 10/24, 11/28, 12/12 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/13/23 3/6/23 MTG. DATE ATTACHMENTS 2/13/23 Informational Memorandum dated 2/7/23 Fee Comparison Matrix 2023 Fire Permit Fee Handout Zone 3 Fee Comparison Matrix Draft Resolution Minutes from Community Services and Safety Committee 12/12/22 3/6/23 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: David Cline, City Administrator BY: Andy Nevens, Former Fire Marshal Norm Golden, Former Deputy Fire Chief CC: Mayor Ekberg DATE: February 7, 2023 (Follow Up from December 12, 2022 CSS Committee Meeting) SUBJECT: Fire Permit Fee & Fire Marshal's Office Cost Recovery ISSUE Council direction is needed to determine the degree of cost recovery for the Fire Marshal's Office (FMO). Implementation of the service contract with Puget Sound Regional Fire Authority provides an opportunity to adjust the Fire Permit Fee Schedule to be more in-line with other agencies in our area, and to simplify the permitting process. DISCUSSION The Council is being asked to determine a level of cost recovery, up to the full amount, for the Fire Marshal's Office (FMO). The level of cost recovery can then be accomplished by revenue streams collected through the Fire Permit Fees. The Council is also being asked to adopt a new Fire Permit Fee schedule based on simplified calculations using a percentage of the project instead of the current flat fee system. Unlike a flat fee, the percentage system will self -adjust with inflation and therefore not require adjustments. The budget for the FMO is currently offset to a degree by these revenue streams. The Council can set policy to determine the degree of cost recovery going forward. Many organizations plan for 100% cost recovery for their FMO through their Fire Permit Fees. For example, the City of Kent sets this policy and the RFA provides the services. As of January 1, 2023, the City of Tukwila can utilize this same model, or adjust as determined by the Council. The City of Tukwila will maintain responsibility to issue permits and collect these fees. The RFA will work with the City of Tukwila to review and set fees based on Council direction. The FMO has revenue streams that are based on fees charged for services. There are three basic categories of Fire Permit Fees: Fire Construction Permit (Development Review) Fees — These fees cover the Plan Reviews, and Inspections for construction/development. An example is a new strip mall will go through plan review and inspections to ensure compliance with the approved plans. Operational Permit Fees — These fees cover the Inspection of a regulated practice in a business. An example is a business that uses hazardous materials will have a certified fire inspector check their quantities and storage of the hazardous materials. Administrative Fees — These fees cover costs of processing mandatory reporting records, re- inspection costs, appeal costs, and special event costs. An example is a business with a fire 3 INFORMATIONAL MEMO Page 2 sprinkler system must submit reports showing that the system is in working order. These records are maintained by the FMO and used to find out when a system is not functioning properly (or has not been serviced). The Fire Permit Fee schedule was last updated in 2021. Currently the fees are a "flat fee" system with a specific charge for a variety of services, and hourly rates based on actual costs. The user and the FMO must accurately determine each fee that applies to their project, and then add up the total fee. This can lead to errors and confusion. Fire Review Fees Construction and Development projects usually require the review of plans to see if there are any fire code issues to be addressed. An example is to review plans to ensure proper fire department access, availability of water, and other fire -related issues. For Fire Review fees, the proposal is to combine the various permits and associated fees into a simple percentage of the Building Permit fee. Currently, a typical project would require a "fire review" of a Development Permit, Design Review, Public Works Permit, Mechanical Permit, and Plumbing Permit. Each of these has a respective fee. The proposed method would combine all these into a Fire Plan Review package with a fee based on a percentage of the Building Permit fee. The percentage would include the pre -application meetings through the final inspections. A Single -Family House review would be 42.7% and a Commercial/Multi-Family Building review would be 58% of the fee for the corresponding Building Permit. This is the method used in both Renton and Kent. The complexity of a project is best captured in the Building Permit process. By using a percentage of the Building Permit, we will capture the complexity of the project vis-a-vis Fire. By using the current flat rate, we are exposed to committing large amounts of uncompensated staff time to the larger projects. The flat fee will only cover the time for the most basic projects. The percentage system will fairly estimate the staff time needed to address the issues. Fire Permit Fees Most new construction will require fire life safety systems such as fire sprinklers and fire alarms. Installation of these systems will require a plan review and inspections to ensure compliance with the applicable codes. The current fee schedule requires a tedious counting of the number of sprinkler heads in a system to determine the fee. For Fire Permit fees, the proposal is to charge based on the total valuation of the project. A simple project (less than $500 valuation) would have a base fee of $135. The fee would progress commensurate with the project's valuation. For example - $100K project would be $5,700, and a $500K project would be $18,550. This is the method used by progressive cities such as Renton and Kent. Operational Permit Fees The International Fire Code (IFC) requires a permit for certain regulated practices. Common examples include Hazardous Materials, High Pile Storage, and Welding (of hot works). These permits must be renewed annually and require an inspection to ensure compliance with the 4 INFORMATIONAL MEMO Page 3 codes and the safety of employees and the public. Currently, we are not able to provide these inspections due to lack of staffing and resources. We will be implementing this program as of January 1, 2023, as part of the contract with the RFA. These permits will remain a flat fee with a modest proposed increase commensurate with neighboring cities. An example is the current fee of $300 for Hazardous Materials will increase to $375. Life Safety Inspection Fees Commercial businesses should be regularly inspected by certified fire inspectors. This service allows the FMO staff to work with business owners to ensure safety and compliance with applicable codes. Currently, we are not able to provide this service due to lack of staffing and resources. We will be implementing this program as of January 1, 2023, as part of the contract with the RFA. The fee for the inspection will be $75 and any business practices that require an Operational Permit under the IFC, will be charged additional fees. This is an important inspection program for new businesses, as it provides a connection with the FMO and chance to make sure the new business is set up to provide safe access to exits, alarms and sprinklers are not blocked, and is in compliance with the codes. Revenue Over the last three years, the Fire Permit Fees have recovered about 28-32% of the cost (budget) of the FMO. The estimate for 2022 has a cost recovery of about 32%, so an increase of 2.5 -fold would be full cost recovery. The Council can adjust this cost recovery percentage by adjusting the fee schedule. Year Budget for FMO Costs Recovered Percentage Balance 2020 $ 861,363.00 $ 264,671.00 31% $ 596,692.00 2021 $ 812,110.00 $ 227,179.00 28% $ 584,931.00 2022 $ 821,603.00 $ 260,997.00 32% $ 560,606.00 Overall Percentage of Fire Permit Fees as a percent of the overall budget for FMO services FMO Budget (2020) FMO Budget (2021) FMO Budget (*2022) • • • ■ Fire Permit Fees ■ Unrecovered Costs *2022 is the projected estimate. ■ Fire Permit Fees ■ Fire Permit Fees ■ Unrecovered Costs ■ Unrecovered Costs 5 INFORMATIONAL MEMO Page 4 Current Proposed Budget and the estimated additional revenues from changes in permit fees. On November 28, 2022, the committee asked for some additional information. This included: 1. Additional examples of fee calculations to specifically include the City of Covington and the City of Maple Valley. 2. Amended language in the resolution for additional oversight and review by Council. 1. Additional Examples The Fire Permit Fee schedules in our area vary greatly. The CSS committee asked to see how the current and proposed Tukwila fees compare to those of other cities in our area. Puget Sound Regional Fire Authority (PSRFA) provides Fire Marshal services to the Cities of Kent, Covington, SeaTac, and Maple Valley. Valley Regional Fire Authority (VRFA) provides Fire Marshal services to the Cities of Algona, Auburn, and Pacific. Renton Regional Fire Authority (RRFA) provide Fire Marshal services to the City of Renton. Attached is a first draft of additional comparisons from various jurisdictions. This will be updated for the committee and the Council as we receive more information. Although the Regional Fire Authorities (RFA) provide the actual Fire Marshal services, the cities maintain control over the Fire Permit Fees and how they are determined. Each city sets the valuation and permit fees for each project. There are two main components that comprise the fees paid. The first is a fee to review the plans and determine what is needed to comply with the Fire Codes. The second is a fee to inspect the project to ensure compliance. Sometimes there are multiple fees required in each category, and the customer may feel overwhelmed by fees. We found significant differences in the fees of the different jurisdictions. Most use a combination of a flat fee, an hourly rate, and a percentage system. The hourly rate systems are overly burdensome and require significant administrative support to track time and billing. The 6 Actuals Budget Budget 2020 2021 2022 2023 2024 Non BL Tech Fees $ 8,802.00 $ 6,812.00 $ 9,695.00 $ 5,000.00 $ 5,000.00 Admin FMO $ 3,602.00 $ 10,876.00 $ 17,515.00 Protective Inspections $ 84,251.00 $ 70,170.00 $ 104,626.00 $ 185,000.00 $ 385,000.00 Planning Inspection $ 166,966.00 $ 133,196.00 $ 124,091.00 $ 100,000.00 $ 100,000.00 Reinspection Fees $ 1,050.00 $ 6,125.00 $ 5,070.00 $ 500.00 $ 500.00 ir$ 264,671.00 1-$ 227,179.00 ir$ 260,997.00 ir$ 290,500.00 P-$ 490,500.00 Estimated Revenue Option A $ 400,000.00 $ 450,000.00 Option B $ 150,000.00 $ 300,000.00 Option C $ 290,500.00 $ 490,500.00 On November 28, 2022, the committee asked for some additional information. This included: 1. Additional examples of fee calculations to specifically include the City of Covington and the City of Maple Valley. 2. Amended language in the resolution for additional oversight and review by Council. 1. Additional Examples The Fire Permit Fee schedules in our area vary greatly. The CSS committee asked to see how the current and proposed Tukwila fees compare to those of other cities in our area. Puget Sound Regional Fire Authority (PSRFA) provides Fire Marshal services to the Cities of Kent, Covington, SeaTac, and Maple Valley. Valley Regional Fire Authority (VRFA) provides Fire Marshal services to the Cities of Algona, Auburn, and Pacific. Renton Regional Fire Authority (RRFA) provide Fire Marshal services to the City of Renton. Attached is a first draft of additional comparisons from various jurisdictions. This will be updated for the committee and the Council as we receive more information. Although the Regional Fire Authorities (RFA) provide the actual Fire Marshal services, the cities maintain control over the Fire Permit Fees and how they are determined. Each city sets the valuation and permit fees for each project. There are two main components that comprise the fees paid. The first is a fee to review the plans and determine what is needed to comply with the Fire Codes. The second is a fee to inspect the project to ensure compliance. Sometimes there are multiple fees required in each category, and the customer may feel overwhelmed by fees. We found significant differences in the fees of the different jurisdictions. Most use a combination of a flat fee, an hourly rate, and a percentage system. The hourly rate systems are overly burdensome and require significant administrative support to track time and billing. The 6 INFORMATIONAL MEMO Page 5 flat fee plus "per device" system charges a flat fee plus an additional fee for each device (sprinkler head, smoke detector, etc.) that is in the design. This system of calculation is complicated and leads to frequent errors and confusion. Converting the calculation system to a percentage of the valuation or building permit streamlines the process and is easy to understand. An example is a project to build a new strip mall with a lawyer's office, teriyaki restaurant, auto parts store, and dry cleaner. The developer would pay for Land Use (review), SEPA (review), project review (review), fire alarm system (review & inspection), fire sprinkler system (review & inspection), commercial hood (review & inspection), high -pile storage racks (review & inspection), hazardous materials (review and inspection), and emergency radio system (review & inspection). There would be about 15 fees charged for this common project. This is just the Fire side as they would also need to go through the permitting process through the Building departments as well. A streamlined, percentage -based calculation system combines the reviews and inspections into a single fee. Historically, fee schedules have been untouched and used simple flat fees for decades. The costs of providing Fire Marshal services were absorbed by using city funding (e.g. General Fund dollars). The current trend in the area, and with all these cities, is to move to a percentage - based fee calculation where possible. Instead of an ala -carte menu of fees, a simplified percentage covers the entire project. The main benefits of a percentage calculation are the fees adjust in tune with inflation, are simple to understand, and allows RFAs to maintain the same calculation regardless of individual jurisdictional changes to their fees. An example is if the City of Pacific wants to increase revenue from their building permits, they can adjust their valuation chart. The fire fees will increase commensurate by a percentage of that increase without any adjustments to the fire fees. 2. Additional Oversight Language City Staff will work with the City Attorney and City Clerk to offer additional language to meet the Committee's suggestions and will provide this during the committee discussion. Options for Cost Recovery The cost recovery balance for the FMO can be done in progressive phases. Calculating fees using the percentage method would have the greatest impact on the fee revenue stream. The percentage used in the calculation of Fire Review fees can be adjusted to meet the cost recovery objectives. The implementation of the calculation adjustments can be spread over time. Option A Approve the new fee schedule and calculation methods. Set the cost recovery percentage to full cost recovery (100%) and implement as soon as possible (Q1 of 2023). Single Family Review set at 46.7% of Building Permit fees. Multi-Family/Commercial Review set at 58% of Building Permit Fees. 7 INFORMATIONAL MEMO Page 6 Option B Approve the new fee schedule and calculation methods. Set the cost recovery percentage to increase to reach full cost recovery (100%) over the next three years (2023, 2024, 2025). Single Family Review with Building Permit fees set at 20% in 2023, 35% in 2024 and 46.7% in 2025. Multi-Family/Commercial Review with Building Permit fees set at 20% in 2023, 40% in 2024 and 58% in 2025 of Building Permit Fees. Option C Keep the fees in the current form and revisit as needed to adjust the cost recovery to the current 32% of the FMO budget. FINANCIAL IMPACT The cost recovery objective set by the Council will control the potential financial impacts of any fee adjustments. The calculation method will not have a financial impact as the percentages can be adjusted to any level including matching the current level. RECOMMENDATION The CSS Committee is being asked to review the proposed fee schedule, determine the cost recovery objective, and forward a recommendation to the December 12, 2022, Committee of the Whole (COW) meeting. Upon approval from the COW, move to the subsequent Special meeting that night for approval. On December 12, 2022 the CSS Committee reviewed the proposed options and recommended Option B be presented to the Committee of the Whole in early 2023. The updated draft resolution reflects the fee structure presented in Option B with input received from Puget Sound Regional Fire Authority's Fire Marshal. Staff is seeking approval from Council to move this item forward to the March 6, 2023 Council meeting for adoption. ATTACHMENTS A. Fee Comparison Matrix B. 2023 Fire Permit Fee Handout C. Zone 3 Fee Comparison Matrix &D. DRAFT Resolution Adopting a Revised Fire Permit Fee Schedule 8 Attachment A - Fee Comparison Matrix Permit number / project type Project Valuation Tukwila Bldg Permit Fee Construction Permit Type D D20-0138 Commercial New tilt -up $39,419,142 $188,258 D21-0019 New single- family Residence $402,615 $4,231 D22-0004 Tenant Improvement, SC Mall $145,000 $1,961 (0 Costs based on current or newly adopted fee schedules 2023 Renton Fire Permit Fees 2022 Seatac Fire Permit Fees 2021 Tukwila Fire Permit Fees (current) 2022 Kent Fire Permit Fees 2023 Tukwila Fire Permit Fees (proposed) $109,190 (58% of bldg. permit) $1,807 (42.7% of bldg. permit) $1,137 (58% of bldg. permit) $59,319 (20% of plan review, calc. from table based on project value) $0 No Charge $400 Flat fee $109,190 (58% of bldg. permit) $794 (20% of plan review, calc. from table based on project value) $0 No Charge $150 Flat fee $1,807 (42.7% of bldg. permit) $408 (20% of plan review, calc. from table based on project value) $0 No charge $400 Flat fee $1,137 (58% of bldg. permit) 2023 Tukwila Fire Permit Fees (proposed) $109,190 (58% of bldg. permit) $1,807 (42.7% of bldg. permit) $1,137 (58% of bldg. permit) Fire Permit Type F F21-0160 New sprinkler system for new tilt up $403,875 N/A F20-0029 New sprinkler system for Midrise apts. $508,832 N/A F21-0061 New UL 300 Kitchen hood $7,000 N/A F20-0164 New ERRCS for mid rise $21,508 N/A Incudes CPI -W $25,562 ($15,492 permit + $10,070 review) Cost per % of value $31,053 ($18,820 permit + $12,233 review) Cost per % of value $1,320 ($800 permit + $520 review) Cost per % of value $3,300 ($2,000 permit + $1,300 review) Cost per % of value $4,775 ($3,979 review + $796 permit) Cost per % of value $7,695 ($4664 permit + $3031 review) Cost per % of value $17,450 (Permit, review & insp) Cost per device $23,380 ($14,170 permit + $9,210review) Cost per % of value $5,719 ($4766 review + $953 permit) Cost per % of value $9,349 ($5666 permit + $3683 review) Cost per % of value $7,536 (permit, review & Insp) Cost per device $28,466 ($17,250 permit + $11,212 review Cost per % of value $380 ($305 review + $75 permit) Cost per % of value $426 ($258 permit + $168 review) Cost per % of value $521 ($371 review + $150 insp) Cost per device $1,206 ($731 permit + $475 Review) Cost per % of value $628 ($523 review + $105 permit) Cost per % of value $1,012 ($613 permit + $399 review) Cost per % of value $300 ($150 review + $150 insp) Flat fee $3,024 ($1,833 permit + $1,191 review Cost per % of value Incudes CPI -W $25,562 ($15,492 permit + $10,070 review) Cost per % of value $31,053 ($18,820 permit + $12,233 review) Cost per % of value $1,320 ($800 permit + $520 review) Cost per % of value $3,300 ($2,000 permit + $1,300 review) Cost per % of value Fire Permit Type F (continued) F22-0020 New 13D $6,750 sprinkler system for SFR N/A F21-0066 New Fire Alarm for 2 story com building $12,026 N/A $376 ($301 review + $75 permit) Cost per % of value $425 $500 $1,206 ($258 permit + ($300 insp + $200 ($731 permit + $167 review) review) $475 review) Cost per % of value Flat fee Cost per % of value $456 ($380 review + $76 permit) $660 ($400 permit + $260 review) $721 ($323 insp + $398 review) $1,934 ($1,172 permit + $762 review) Incudes CPI -W $1,320 ($800 permit + $520 review) Cost per % of value $2,112 ($1,280 permit + $832 review) 12 2023 TUKWILA FIRE PERMIT SCHEDULE FIRE CONSTRUCTION PERMITS Note: All fees will receive an annual inflater equal to CPI -W Development Review Fee Fire Plan Review 65% of Fire Permit Fee Fire Permit See Table Below (based on valuation of Labor and Materials) Single Family Review o 42.7/0 of Building Permit Fee Commercial Review 58% of the Building Permit Fee Fireworks (pyrotechnic) - Sales or Display Permit $350 per event and/or stand. Additional Fire Department Standby costs may be required — determined by Fire Marshal. FD standby will be charged at $150 per hour Tank — Removal, abandonment, or installation permit $400 per tank Total Valuation $1.00 to $500.00 Fire Permit Fee Calculator $135.00 $501.00 to $2,000.00 $135.00 for the first $500.00 plus $18.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000.00 $400.00 for the first $2,000.00 plus $80.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $2,250.00 for the first $25,000.00 plus $60.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000.00 $3,700.00 for the first $50,000.00 plus $40.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00. $100,001.00 to $500,000.00 $5,700.00 for the first $100,000.00 plus $32.00 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $500,001.00 to $1,000,000.00 $18,550.00 for the first $500,000.00 plus $30.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00. $1,000,001.00 and up $33,825.00 13 OTHER FIRE SERVICES After -Hours Expedited Fire Plan Review $550.00 After -Hours Expedited Fire Inspection $550.00 Fire Review -- Alternative Materials and Methods: Residential $275.00 Fire Review -- Alternative Materials and Methods: Commercial $550.00 Other Reviews - resubmittals, changes, deferred submittals, additions, or revisions to plans. Fees will be assessed after first re -submittal $225.00 per hour, one-hour minimum. LIFE SAFETY INSPECTIONS AND OPERATIONAL PERMITS Operational Fire Permits Regulated by the International Fire Code: • High Pile Storage • Flammable and Combustible Liquids • Hazardous Materials $375.00 each All other Operational Fire Permits regulated by the International Fire Code, and as amended in TMC Chapter 16.16, that do not have a separate listing in the fee schedule $200.00 each "Mobile" Operational Fire Permits $200.00 per vehicle if inspected in Tukwila. $100.00 per vehicle if inspected by another fire agency. Limited Use Operational Permits $200.00 New Business Life Safety Inspection $75.00 + Applicable Operational Permit Fees Annual Life Safety Inspection $75.00 + Applicable Operational Permit Fees 14 ADMINISTRATIVE FEES $15.00 per system Fire Protection System Confidence Testing Compliance Services — Per system fee collected by BRYCER "TCE" on behalf of the Tukwila Fire Marshal's Office Starting work before a permit issuance shall be subject to an investigation fee equal to 100% of applicable permit fees. A 5% Technology Fee will be added to all Fire fees unless the Technology Fee is already being charged by another City department. A 3% processing fee will be added if payment is made by credit card for Fire fees. Recovery of Hazardous Incident Response Costs TMC Chapter 6.14 Minimum fee for incident response costs = $275.00, plus any "extraordinary costs" as defined per TMC Chapter 6.14. REINSPECTION FEES: For Construction Permits, Operational Permits, life safety inspections or spot inspections. TMC 16.16.040 TMC 16.40.130 TMC 16.42.110 TMC 16.46.150 TMC 16.48.150 $200.00 per re-inspection APPEAL FEE TMC 16.16.090 TMC 16.40.170 TMC 16.42.150 TMC 16.46.170 TMC 16.48.170 $550.00 Special Event Permit TMC Section 16.16.030 $450.00, plus any applicable Limited Use Operational Fire Permits 15 16 Project Value Bldg Permit Fee Current Tukwila Covington Renton SeaTac Kent Maple Valley VRFA Hourly Rate $ 150.00 $ 169.00 $ 125.00 $ 114.00 $ 201.00 $ 100.00 $ 118.38 Technology Fee 5% $ 43.00 8% 5% 3% 4% None Admin Service Fee $ 15.00 None None None None $ 75.00 None Construction Projects (Reviews & Inspections) Marvelle (7 Story Apartments) $ 29,836,084.00 $ 148,875.03 $ 400.00 $ 624.75 $ 29,775.01 No Charge $ 86,347.52 $100/Hourly $ 29,775.01 Commercial Building (>51K sq ft) $ 1,686,399.00 $ 12,494.97 $ 400.00 $ 2,499.00 $ 2,498.99 No Charge $ 7,247.08 $100/Hourly $ 4,373.24 Remodel at Mall (<10K sqft) $ 145,000.00 $ 9,452.38 $ 400.00 $ 666.00 $ 1,890.48 No Charge $ 1,137.00 $100/Hourly $ 3,308.33 New House (Single Family) $ 402,615.00 $ 11,797.58 $ 150.00 $ 589.88 $ 2,359.52 No Charge $ 1,807.00 $100/Hourly $ 1,769.64 Fire Permits (Reviews & Inspections New Commercial Sprinkler (100) $ 403,875.00 $ 17,450.00 $ 993.55 $ 4,243.39 $ 7,695.00 $ 23,380.00 $100 Hourly + $75 $391+ Per Device New Residential Sprinkler (25) $ 6,750.00 $ 500.00 $ 349.00 $ 376.00 $ 425.00 $ 1,206.00 $100 Hourly + $75 $391+ Per Device New Kitchen Hood System $ 7,000.00 $ 521.00 $ 351.00 $ 302.40 $ 426.00 $ 1,320.00 $100 Hourly + $75 $391+ Per Device New Radio System $ 21,508.00 $ 300.00 $ 467.06 $ 537.43 $ 1,012.00 $ 3,024.00 $100 Hourly + $75 $391+ Per Device New Fire Alarm (50) $ 12,026.00 $ 721.00 $ 383.20 $ 383.82 $ 660.00 $ 1,934.00 $100 Hourly + $75 $391+ Per Device Operational Permits (inspections) Hazardous Materials $ 300.00 $169/hourly $ 200.00 $ 203.50 $ 321.00 $100/Hourly Included in FBC High Pile Combustible $ 300.00 $169/hourly $ 200.00 $ 203.50 $ 321.00 $100/Hourly Included in FBC All Other $ 175.00 $169/hourly $ 125.00 $ 150.00 $ 161.00 $100/Hourly Included in FBC Current Tukwila Proposed Year 1 Difference Proposed Year 2 Difference Proposed Year 3 Difference Cost Recovery Percentage 32% 50% 18% 75% 25% 100% 25% Plan Review (Commercial) 19% 27% 8% 43.5% 17% 58% 15% Plan Review (Multi-Family) 19% 27% 8% 43.5% 17% 58% 15% Plan Review (Single -Family) 14% 22% 8% 33% 11% 42.7% 10% Hourly Rate $ 150.00 $ 150.00 $ - $ 157.50 $ 7.50 $ 165.38 $ 7.88 Technology Fee 5% 5% 5% 5% Admin Service Fee $ 15.00 $ 15.00 $ - $ 15.75 $ 0.75 $ 16.54 $ 0.79 Construction Projects (Reviews & Inspections) Marvelle (7 Story Apartments) $ 400.00 $ 40,196.26 $ 39,796.26 $ 64,760.64 $ 24,564.38 $ 86,347.52 $ 21,586.88 Commercial Building (>51K sq ft) $ 400.00 $ 3,373.64 $ 2,973.64 $ 5,435.31 $ 2,061.67 $ 7,247.08 $ 1,811.77 Remodel at Mall (<10K sqft) $ 400.00 $ 2,552.14 $ 2,152.14 $ 4,111.79 $ 1,559.64 $ 5,482.38 $ 1,370.60 New House (Single Family) $ 150.00 $ 2,595.47 $ 2,445.47 $ 3,893.20 $ 1,297.73 $ 5,037.57 $ 1,144.37 Fire Permits (Reviews & Inspections New Commercial Sprinkler (100) $ 17,450.00 $ 11,690.00 $ (5,760.00) $ 17,535.00 $ 5,845.00 $ 23,380.00 $ 5,845.00 New Residential Sprinkler (25) $ 500.00 $ 603.00 $ 103.00 $ 904.50 $ 301.50 $ 1,206.00 $ 301.50 New Kitchen Hood System $ 521.00 $ 660.00 $ 139.00 $ 990.00 $ 330.00 $ 1,320.00 $ 330.00 New Radio System $ 300.00 $ 1,512.00 $ 1,212.00 $ 2,268.00 $ 756.00 $ 3,024.00 $ 756.00 New Fire Alarm (50) $ 721.00 $ 1,056.00 $ 335.00 $ 1,584.00 $ 528.00 $ 2,112.00 $ 528.00 Operational Permits (inspections) Annual Increase 5% 5% Hazardous Materials $ 300.00 $ 300.00 $ - $ 315.00 $ 15.00 $ 330.75 $ 15.75 High Pile Combustible $ 300.00 $ 300.00 $ - $ 315.00 $ 15.00 $ 330.75 $ 15.75 All Other $ 175.00 $ 175.00 $ - $ 183.75 $ 8.75 $ 192.94 $ 9.19 NOTE: Shaded text reflects changes made after discussion at the 11/28/22 Community Services and Safety Committee meeting. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 2018 AND ADOPTING A REVISED FIRE DEPARTMENT PERMIT FEE SCHEDULE. WHEREAS, ine Ity of Tukwila has entered into an interlocal agreement with Puget Sound Regional Fire Authority (PSRFA) for the provision of fire and emergency medical services effective January 1, 2023; and WHEREAS, the City has analyzed current Fire Departmentpermfees for various services provided including, but not limited to, permits, plan review and re -inspections; and WHEREAS, the City Council wishes to recover a portion of the City's costs for processing of permit applications, plan reviews, re -inspections, and other services provided by the Fire DepartmentPSRF,; and WHEREAS, the Fire DepartmentTukwila Fire Permi. Fee Schedule needs to be updated to align with fees charged by neighboring agencies and to streamline the permitting process; ana WHEREAS, the Tukwila Fire Permit Fee Schedule will be reevaluated in 2025 to ensure fees recoup the full costs of services rendered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 2018 is hereby repealed. Section 2. Tukwila Fire Department—Permit Fee Schedule. Fire Department permit fees shall be charged according to the following schedule, which shall supersede any previously adopted fire permit fee, plan review fee or re -inspection fee. CC:\Legislative Development\Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn Page 1 of 7 19 FIREDCD�ARTMENT TUKWILA FIRE PERMIT FEE SCHEDULE FIRE CONSTRUCTION PERMITS Note: All fees inflater to Seattle Tacoma Bellevue CPI W will receive an annual equal International Firc Code $500 each Construction Permits: • Flammable and Combustible Liquids • Hazardous Materials All other Fire Construction Permits regulated by the $300-eac-f} in TMC Chapter amended 16.16, that do not have a listing in the fee separate schedule. Smoke Control System Plan $50:00 Review Mid rise Smoke Control $00:00 System Inspection High rise Smoke Control $900.00 System Inspection Fire Permit Plan Review Resubmittal $000:90 Emergency Responder Radio Construction Permit $400:00 (ERRCS) Development Review Fee 2023 2024 2025 Fire Plan Review 65% of Fire Permit Fee Fire Permit See Total Valuation Table (below) Single Family Review /12.7 25% of Building 34% of Building 42% of Building Permit Fee Permit Fee Permit Fee Commercial Review 534% of Building 46% of Building 58% of Building Permit Fee Permit Fee Permit Fee Pyrotechnic / Fireworks (pyrotechnic) — Sales or $300.00 $350.00 per event and/or stand. be required. determined Additional Fire Department standby costs may Display Limited Use Operational Permit by Fire Marshal Contact Puget Sound Regional Fire Authority.type and location a- Fire Department standby cost (if required) Fire Department standby will be charged at $150.00 per hour. CC:\Legislative Development Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn 20 Page 2 of 7 Tank: — Removal $300-$400.00 per tank or 1 Abandonment, or Installation Permit Fire Accc"c Infrastructurc $500.00 and Construction Permit Total Valuation Permit Fee Calculator 2023 2024 2025 $1.00 to $500.00 $135.00 $141.75 $148.50 $501.00 to $2,000.00 $135.00 for the first $141.75 for the first $148.50 for the first $500.00, plus $500.00, plus $15.84 $500.00, plus $19.80 $--1-M-0$11.88 for or each additional for each addition, each additional $100.00, or fraction $100.00, or fraction $100.00, or fraction thereof, to and thereof, to and thereof, to and including $2,000.00. including $2,000.00. including $2,000.00. $2,001.00 to $25,000.00 $400.00$313.20 for $379.35 for the first $445.50 for the first the first $2,000.00, $2,000.00, plus $2,000.00, plus plus $80.00$52.80 $70.40 for each $88.00 for each for each additional additional $1,000.00, additional $1,0001, $1,000.00, or or fraction thereof, to or fraction thereof, to fraction thereof, to and including and including and including $25,000.00. $25,000.00. $25,000.00. $25,001.00 to $50,000.00 $2,250.00$1,527.60 $1,998.55 for the first $2,469.50 for the first for the first $25,000.00, plus $25,000.00, plus $25,000.00, plus $52.80 for each $66.00 for each $60-.00$39.60 for additional $1,000.00, additional $1,000.00, each additional or fraction thereof, to or fraction thereof, to $1,000.00, or and including and including fraction thereof, to $50,000.00. $50,000.00. and including $50,000.00. $50,001.00 to $100,000.00 $3,700.00$2,517.60 $3,318.55 for the first $4,119.50 for the first for the first $50,000.00, plus $50,000.00, plus $50,000.00, plus $35.20 for each $44.00 for each $40-.00$26.40 for additional $1,000.00, additional $1,000.00, each additional or fraction thereof, to or fraction thereof, to $1,000.00, or and including and including fraction thereof, to $100,000.00. $100,000.00. and including $100,000.00. $100,001.00 to $500,000.00 $5700-.00$3,837.60 $5,078.55 for the first $6,319.50 for the first for the first $100,000.00, plus $100,000.00, plug $100,000.00, plus $28.16 for each $35.20 for each $320$21.12 for additional $1,000.00, additional $1,000.00, each additional or fraction thereof, to or fraction thereof, to $1,000.00, or and including and including fraction thereof, to Q500,000.00. $500,000.00 and including $500,000.00. CC:\Legislative Development\Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn Page 3 of 7 21 $500,001.00 to $1,000,000.00 $18,550.00 $12,285.60 for the $16,342.55 for the $20,399.50 for the D1an Review Fee first $500,000.00, first $500,000.00, first $500,000.00, plus $26.40 for each plus $33.00 for each plus $3000$19.80 additional $1,000.00, additional $1,000.00, for each additional or fraction thereof, to or fraction thereof, to $1,000.00, or and including and including fraction thereof, to $1,000,000.00. $1,000,000.00. and including $275,00 $1.00 $1,000,000.00. 101 to 500 $1,000,001.00 and up $1.1-0 $33,825.00 $22,185.60 $130 $29,542.55 $36,899.50 CC:\Legislative Development Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn 22 Page 4 of 7 FIRE ALARM SYSTEM FEES Number of Devices D1an Review Fee (Per Device) Review Inspection Fcc {Per Device) Inspection 1 to 10 $300-.00 $2,25 $15900 $1.00 11 to 25 $300.00 $0,75 $25900 $1-.00 26 to 100 $3550-.00 $1.00 $275,00 $1.00 101 to 500 $400.00 $1.1-0 $500.00 $130 501 or Moro $500.00 $8.35 $1,1-0000 $1,00 Number of Heads Plan -Review -Fee (Per Head) Review Inspection Fcc {Per Head} Inspection 1 to 10 $305:80 $2.50 $1-75.00 $1.50 11 to 25 $350.00 $2.50 $200.00 $1.50 26 to 50 $350.00 $2.30 $2.00 $130 514°400 $35000 $2.25 $300-.00 $1-.50 101 to 1,000 $3550.00 $1.90 $50900 $1.30 1,001 or Moro $400.00 $2.25 $750.00 $1.00 Additional Systems Plan -Review -Fee Inspection Fee Per Riser $180.00 $18900 Per Fire Pump $15000 $300.00 13D SPRINKLER SYSTEM FEES Number of Heads Plan -Review -Fee (Per Head} Review Inspection Fee {Per Head) Inspection CC:\Legislative Development Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn 22 Page 4 of 7 1 to 10 150.00 N/A $200.00 N/A 11 to 25 15.00 N/A $250.00 N/A 26 or More $200.00 N/A $300.00 N/A • II 11 Plan Review Fco (Per Device} Review Inspection Cee $350.00 $1.00 150.00 OTHER FIRE SERVICES Fee Ll __ LU24 2025 Operational Fire Permits regulated by the International Fire Code: • High Pile Storage • Flammable After -Hours Expedited Fire Plan Review $500.00 $550.00 Contact Puget Sound Regional Fire Authority for rate. After -Hours Expedited Fire Inspection $500.00 $550.00 Contact Puget Sound Regional Fire Authority for rate. Fire Review — Alternative Materials and Methods: Residential and Combustible Liquids • Hazardous Materials $250.00 $275.00 $47-5440- $200-.00 $116.16 each $154.88 each Fire Review — Alternative Materials and Methods: Commercial $500.00 $550.00 Other Review — Resubmittals, $225.00 per hour Changes, Deferred Submittals, {one hour minimum) Additions, or Revisions to Plans. Fees will be assessed after the first resubmittal. LIFE SAFETY INSPECTIONS AND OPERATIONAL PERMITS Fee 2024 2025 Operational Fire Permits regulated by the International Fire Code: • High Pile Storage • Flammable $300.00 $375.00 $309.76 each $387.20 each $232.32 each and Combustible Liquids • Hazardous Materials All other *Operational Fire Permits regulated by the International Fire Code, and as $47-5440- $200-.00 $116.16 each $154.88 each $193.60 each CC:\Legislative Development Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn Page 5 of 7 23 amended in TMC Chapter 16.16, that do not have a separate listing in the fee schedule *Operational Fire Permits may be prorated "Mobile" Operational Fire Permits $175.00 $200.00 $154.88 per vehicle if $193.60 per vehicle if $116.16 per vehicle inspected in Tukwila inspected in Tukwila if inspected in Tukwila. $75.00 $100.00 $58.08 per vehicle if $77.44 per vehicle if $96.80 per vehicle if inspected by another inspected by another inspected by another fire agency. fire agency fire agency Limited Use Operational Permits $175.00 $200.00 New Business Life Safety Inspection $-5-0,00-$75.00 + Applicable Operational Permit Fees Annual Life Safety Inspection $50.00- $75.00 + Applicable Operational Permit Fees ADMINISTRATIVE FEES Fee 2024 2025 Fire Protection System Confidence Testing Compliance Services - Per system fee collected by BRYCER "TCE" on behalf of the Tukwila Fire Marshal's Office $15.00 per system Starting work before a permit issuance shall be subject to an investigation fee equal to 100% of applicable permit fees. A 5% Technology Fee will be added to all Fire fees unless the Technology Fee is already being charged by another City department. A 3% processing fee will be added if payment is made by credit card for Fire fees. Recovery of Hazardous Incident Response Costs TMC Chapter 6.14 Minimum fee for incident response costs --$250.00 $275.00, plus any "extraordinary costs" as defined per TMC Chapter 6.14. CC:\Legislative Development\Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn 24 Page 6 of 7 REINSPECTION FEES: For Construction Permits, Operational Permits, life safety inspections or spot inspections. $175.00 $200.00 per re -inspection TMC 16.16.040TMC 16.16.050 TMC 16.40.130 TMC 16.42.110 TMC 16.46.150 TMC 16.48.150 APPEAL FEE $5580-98$550.00 TMC 16.16.090TMC 16.16.040 TMC 16.40.170 TMC 16.42.150 TMC 16.46.170 TMC 16.48.170 Special Event Permit $409:89$450.00, e - - • - e e - e - •• - e . - . - : . e-- TMC 16.16.030 Permits Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective February 1, 2023.take effect immediately upon passage PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC:\Legislative Development\Adopt Fire Dept Fee Schedule strike-thru 2-8-23 JN:AY Review and analysis by Andy Youn Page 7 of 7 25 26 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes December 12, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Staff Present: Kathy Hougardy, Chair; Mohamed Abdi, Tosh Sharp Eric Dreyer, Eric Lund, Trish Kinlow, David Cline, Norm Golden, Laurel Humphrey Chair Hougardy called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Resolution: Fire Permit Fees Staff is seeking Council approval of a resolution that would adopt a revised Fire Department Fee Schedule with a goal of greater cost recovery. Committee Recommendation: Unanimous approval for the phased approach in Option B. Forward to 2023 Committee of the Whole. B. Contract: Court Security Staff is seeking Council approval of a contract with Securitas Security not to exceed $60,000 annually for security services at Tukwila Municipal Court. Committee Recommendation: Unanimous approval. Forward to December 12, 2022 Committee of the Whole. C. Ordinance: Automated Traffic Cameras in Public Park Speed Zones Staff is seeking approval of an ordinance that will allow installation of automated traffic cameras near public parks in accordance with ESSB 5974. This will allow PD to proceed with installation of two cameras at Codiga Park per the Council's earlier direction. Committee Recommendation: Unanimous approval. Forward to December 12, 2022 Committee of the Whole. D. Grant Acceptance: Police Officer Wellness Staff is seeking Council approval to accept $50,000 from the Washington State Criminal Justice Training Commission to fund officer visits with a clinical psychologist. Committee Recommendation: Unanimous approval. Forward to December 12, 2022 Committee of the Whole. 27 28 COUNCIL AGENDA SYNOPSIS CJI- :, 4 f Initials ITEM NO. O0 Meeting Date Prepared by Mayor's review Council review clog E 2/13/23 AY v� 1908 ITEM INFORMATION STAFF SPONSOR: S. HANSEN & T. CULLERTON ORIGINAL AGENDA DATE: 2/13/23 AGENDA ITEM TITLE Annual Review: Equity Policy Implementation Committee (EPIC) CATEGORY 11 Mtg Discussion Date 2/13/23 ❑ Motion Altg Date ❑ Resolution Mtg Date ❑ Ordinance Al tg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIS SPONSOR'S The Equity Policy Implementation Committee (EPIC) will update the City Council on SUMMARY the EPIC's 2022 year and review 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. Adminstative Services Department COMMITTEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 2/13/23 EPIC Annual Review Powerpoint Presentation 29 30 EPIC Annual Review 2022 Accomplishments 2023 Priorities EPIC 2022 Priorities • Finalize and Pilot Racial Equity Toolkit • Finalize and Pilot Equitable Outreach Guide • Develop an external equity website • Equity training for City staff EPIC 2022 Accomplishments • Finalize and Pilot Racial Equity Toolkit • Teen and Senior Center • Human Services funding proposals • Council rules update • Tukwila Pond Master Plan • Housing Action Plan • Finalize and Pilot Equitable Outreach Guide • Economic Development Strategy • Comprehensive Plan • Budget Outreach Effort • Develop an external equity website • https://www.tukwilawa.gov/departments/administrative-services/diversity-equity-inclusion/ • Equity training for City staff • Benita Horn & Scott Winn EPIC 2023 Priorities Background Each year EPIC identifies two to four priorities to implement as a part of the City's ongoing commitment to its adopted equity policy. EPIC priorities must meet the following criteria: • They must be achievable • They must move the needle • They must be realistic This is done through an annual retreat at the end of the year, which culminates in EPIC members brainstorming potential proprieties for the following year based on the equity policy's six goals. Key themes are lifted from these brainstorming sessions and the group collectively decides on the final priorities. Operationalize the Racial Equity Toolkit EPIC has been working on developing the Racial Equity Toolkit and it is now ready to be operationalized. Each department will be expected to use the Racial Equity Toolkit a minimum of two times in 2023. In order to ensure this effort is successful, it will be key that departments are trained in how to use the toolkit. The focus in this area for 2023 will be training and providing support to departments using the toolkit, as well as monitoring that each department has used it at least twice in 2023. Operationalize the Equitable Outreach Guide EPIC has produced a clear, concise guide for City staff doing outreach in our community. In 2023 the focus for this priority will be educating the departments on the guide and being a resource for departments with questions on the guide. Language Access EPIC recognizes the importance of ensuring access to City government for all, including those community members that do not speak English. We also recognize that with so many different languages in our community it creates a variety of challenges as well as opportunities. This priority will focus on how the City can better meet the needs of non-English speaking community members, including ensuring the City is meeting its Title VI obligations. Equity and Social Justice Commission added review of plain language in City documents to ensure accessibility regardless of what language they are in. Tukwila Equity Index The development of a data -driven equity index will allow City leaders and staff to make decisions on investments, programming and other issues based on data. This priority will focus in 2023 on beginning to build the Tukwila Equity Index by looking at available data, prioritizing what data should be included and beta testing the Index toward the end of 2023. How we do this work • Christopher Andree, DCD • Darren Hawkins, Parks • Griffin Lerner, PW • Jennifer Ronda, PW • Jenny Ayres, Admin Sery • Jerry Hight, DCD • Joel Bush, Admin Sery • John Perry, PD • Joseph Mose, DCD • Laurel Humphrey, Council • Marlus Francis, Parks • Michael May, Parks • Pete Mayer, Parks • Rachel Bianchi, Admin Sery • Scott Kirby, Admin Sery • Sherry Edquid, PW • Stacy Hansen, Admin Sery • Tiffany Johnson, Parks • Timothy Phung, DCD • Tony Cullerton, FIN • Trish Kinlow, Court Questions/Feedback? COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 02/13/23 JR ITEM INFORMATION ITEMNO. Spec 2.A. 41 STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 02/13/23 AGENDA ITEM TITLE Sewer Consultant Lift Station 5 Rebuild - Design Contract Selection and Agreement CATEGORY ❑ Discussion Mtg Date Motion Date 02/13/23 ❑ 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 City staff issued a Request for Proposal (RFP) to four firms for the Sewer Lift Station 5 SUMMARY Rebuild Project. All four firms submitted proposals and PACE Engineers, Inc. was selected as the qualified candidate. PACE also did great work recently on Sewer Lift Station 2. Rebuilding Sewer Lift Station 5 will reduce maintenance costs and reduce the risk of failure. Council is being asked to approve the design contract with PACE Engineers, Inc. in the amount of $236,801.25 for the Sewer Lift Station 5 Retrofit Project. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 02/06/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $236,801.25 $300,000.00 $0.00 Fund Source: Comments: 2023 CIP, Page 67 MTG. DATE RECORD OF COUNCIL ACTION 02/13/23 MTG. DATE ATTACHMENTS 02/13/23 Informational Memorandum dated 02/03/23 2023 CIP, Page 67 PACE Contract Minutes from Transportation and Infrastructure Committee meeting of 02/06/23 41 42 City of Tukwila Allan Ekberg, Mayor Prlbk Works Department - Harr Parrrrekarrtr, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Adib Altallal, Utilities Engineer CC: Mayor Allan Ekberg DATE: February 3, 2023 SUBJECT: Sewer Lift Station 5 Rebuild - Design Contract Project No. 92340201 Consultant Selection and Agreement ISSUE Approve the consultant selection and agreement with PACE Engineers, Inc. for the design of the Sewer Lift Station 5 Rebuild Project. BACKGROUND Sewer Lift Station 5 is located near the 1-405 ramps at Interurban Ave S, along Fort Dent Way. The sewer lift station was originally constructed in 1980 and later updated in 2000. No significant improvements have taken place since. The pumps, fittings, and electrical components have neared their useful life and have resulted in an increased need for maintenance. The existing pumps are obsolete, and the electrical components will need to be brought up to code to prevent unsafe access by City staff. Rebuilding Sewer Lift Station 5 will reduce maintenance costs and reduce the risk of failure. DISCUSSION The City contacted four qualified consultants with a request for proposal for the Sewer Lift Station 5 Rebuild Project. All four consultants submitted a proposal. The review board awarded the design contract to PACE due to their familiarity with the City's sewer system and the great work they did recently on Sewer Lift Station 2. FINANCIAL IMPACT The contract is for $236,801.25. The project costs are within budget and are 100% funded by the sewer enterprise fund. PACE Design Contract Cost Estimate $236,801.25 2023-2024 Design Budget $300,000.00 RECOMMENDATION Council is being asked to approve the design contract with PACE Engineers, Inc. in the amount of $236,801.25 for the Sewer Lift Station 5 Retrofit Project and consider this item on the Consent Agenda at the February 13, 2023 Special Council Meeting. Attachments: 2023 CIP, Page 67 PACE Contract 43 44 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Sewer Lift Station No. 5 Rebuild Project No. 92340201 DESCRIPTION: Rebuilding of sewer lift station 5 will reduce maintenance costs and reduce the risk of failure. JUSTIFICATION: Aging sewer lift station requires the replacement of motors, pumps, and controls at older lift stations to reduce maintenance. STATUS: The sewer lift station has been seeing a lot of issues with maintenance of pumps and motors. The existing panels and valves are in a confined space and will need to be moved to grade for safer access. MAINT. IMPACT: New pumps will reduce the liability of the existing pumps that are obsolete and prone to fail. COMMENT: Additional right-of-way or property will be required for the new backup generators to be installed. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Project Location s,� gs4�Q, 4 Design 250 50 416111 S 150 St 300 Land (R/W) 787 - !r 0 Const. Mgmt. a y 50 200 - WAth E VI� „ nniaiand or Tna ta or ( I 250 Construction 1,000 1,000 i• sleos 2,000 TOTAL EXPENSES 0 0 1,300 1,250 0 0 0 0 2,550 FUND SOURCES Awarded Grant 0 Proposed Bond/ULID 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 0 1,300 1,250 0 0 0 0 2,550 TOTAL SOURCES 0 0 1,300 1,250 0 0 0 0 0 2,550 2023 - 2028 Capital Improvement Program 45 Project Location s,� gs4�Q, 4 416111 S 150 St ki.O.711\ Dii Tukwila Pkwy .,' 787 - !r :.rid - DBlvd y a MIR Treck WE 'Mlnkl 10• a y - WAth E VI� „ nniaiand or Tna ta or ( I i• sleos fly _ GIS 2023 - 2028 Capital Improvement Program 45 46 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 PACE Engineers, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Sewer Lift Station No. 5 Rebuild. 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, 2024, 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, 2024 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 $236,801.25 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. 47 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 48 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 49 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: PACE Engineers 11255 Kirkland Way #300 Kirkland, WA 98033 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 50 Page 4 DATED this day of , 20 CITY OF TUKWILA Allan Ekberg, Mayor PACE Engineers: By: Printed Name: ATTEST/AUTHENTICATED: Title: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May 2020 Page 5 51 52 Scope of Services Professional Civil Engineering Services Lift Station No. 5 Design Retrofit June 1, 2022 Project Understanding The City of Tukwila would like to retrofit the existing sanitary sewer Lift Station No. 5. The existing lift station is a wet/drywell station that is reaching its useful life. Due to the fact that the existing wetwell does not have sufficient space to allow for electrical upgrades that will meet current regulatory requirements, the City would like to abandon the existing drywell and construct an above ground electrical shelter with new electrical controls, construct a new meter vault and install new submersible pumps, rehab the existing wet well and install miscellaneous site improvements. Scope of Work A detailed proposal consisting of fourteen (14) tasks follows. This proposal includes necessary civil, structural, survey, electrical and geotechnical services through the design phase of this project. A separate scope of work and budget for construction administration will be prepared prior to bidding the work and will be based on the City's needs. PACE will be the prime consultant for the entire Scope of Work and will oversee and administer all work on the project. PACE will complete all civil, survey and permitting services in-house and will subcontract with Follett Engineering for electrical engineering and AESI for geotechnical evaluations. Quality Coating Inspections and Consulting will also be utilized in the preparation of coating specifications for the Lift Station wet well upgrade and for inspection of coating applications during the construction phase. Task 1 —Project Management PACE will provide administration and coordination of the project. The following items are included in this task: 1. Attend coordination meetings with the City. It is anticipated that up to 4 meetings will be held. Major design review meetings will be held in-person with other review meetings to be done via Teams. The following major review meetings are anticipated: a. Schematic Design Review b. 30% Design Development Review c. 60% Design Development Review d. 90% Design Development Review 2. Conduct one field reconnaissance of site with the design team and City staff. 3. Review existing information provided by the City — as-builts, maintenance records, etc. 4. Coordination with subconsultants. 5. In-house project administration, scheduling, and direction of design team staff. 6. Preparation of monthly progress reports. 53 LS 5 Retrofit Scope of Work Page 2 Task 2 —Topographic Survey PACE will provide a topographic and boundary map showing all locatable utilities and surface conditions, environmental constraints and other relevant items at the following locations: The following items are included in this task: 1. Research and confirm primary control points for use on the project. 2. Establish horizontal and vertical control work points along the route. 3. Survey the corridor locating surface improvements, type of material and changes in elevation. 4. All identifiable underground utilities will be surveyed, based on surface indications, radio frequency locating and readily available maps from the service provider. 5. The rights of way and adjoining properties will be calculated from record information and recovered monuments. 6. The survey / base map will be prepared in AutoCAD at a scale of 1" = 20', showing the rights of way and lot lines, two -foot contours, and surveyed features. Other features from City GIS data (sensitive areas, setbacks, etc. will may be included to augment the survey). PACE will provide the City with an AutoCad drawing and pdf of the basemap. Task 3 - Geotechnical Evaluation AESI will provide a geotechnical evaluation of the LS No. 5 site. This evaluation will include one soil boring 12 -feet deep in the vicinity of the new meter vault and prepare a geotechnical design memorandum (See the attached Scope of Work from AESI for more details on the geotechnical evaluation) Task 4 - Easement Preparation and Acquisition It is assumed that the project will not require any permanent or temporary construction easements. If that is not the case any required work will be on a time and expense basis. Task 5 — Public Involvement PACE will provide support to the City for the public involvement process. This includes preparing information for and attending one community meeting. The community meeting will be for the businesses in the project vicinity. The City will be responsible for setting up the meeting time and location and notifying the businesses. PACE will prepare a written summary of the community meeting. Additional public involvement may be required for the SEPA process and is in included in Task 10. Task 6 — Conceptual Design Based on the site survey, PACE will prepare up to 3 -conceptual alternatives for LS No. 5 for City review and comment. Specific items requested by the City include: • Replace the two existing vertical turbine pumps from the drywell, with two submersible pumps located within the wetwell • Painting of the wet well • A new electrical control and instrumentation building • Additional site lighting https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/O1 TIC Agenda/2023 Agenda Items/TIC 02-06-23/7. Lift Station No. 5 Design Contract/Scope of Work LS 5060122.docx 54 LS 5 Retrofit Scope of Work Page 3 • Potential relocation of the existing generator based on the site layout • Replace the existing lawn within the median with a hard surface that does not require frequent maintenance • Paint the curb around the median (it is assumed it can be retained). The City will provide covers over the existing bollards • Remove the irrigation meter and upsize the second water meter to a 2 -inch meter for greater capacity. This may require a new PRV and backflow preventor • Evaluate the antenna for the telemetry • Replace the existing flow meter within a new vault, preferably outside of the travel lane if possible. • Install a new yard hydrant for washdown of the facility Task 7 — Schematic Design (30 % design) Based on the City's selection of the preferred layout based on the conceptual designs, PACE will prepare a schematic design of the proposed improvements for the lift station retrofit. PACE will also prepare an estimate of probable construction costs for City review and comment. This work includes: 1. Schematic layout of the new meter vault 2. Schematic retrofit of the existing wet well 3. Schematic layout of the new electrical control shelter 4. Schematic layout of proposed improvements 5. Prepare budget -level construction cost estimate. Task 8 — Design Development Plans (60% Plans, Specifications and Estimates) Based on City comments on the Schematic Design, PACE will prepare Design Development Plans (60%) of the improvements. We will also prepare an outline of the specifications and prepare an estimate of probable construction costs for City review and comment. This work includes: 1. Recommendations for bypassing the flow during construction. 2. Design of the new meter vault 3. Design of the new wet well retrofit 4. Design of the electrical control shelter 5. Design of the site improvements discussed in Task 6 6. Outline of the proposed specifications using APWA/WSDOT format. 7. Prepare budget -level construction cost estimate. Task 9— Electrical Plans/Telemetry and Specifications Follett Engineering will evaluate the project and will provide plans and specifications for site power needs as well as the required communications and controls for Lift Station No .5. It is assumed that we will utilize the existing generator. Specific items are as follows: https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2023 Agenda Items/TIC 02-06-23/7. Lift Station No. 5 Design Contract/Scope of Work LS 5060122.docx 55 LS 5 Retrofit Scope of Work Page 4 Electrical Pre -Design Follett Engineering will prepare the following electrical design and evaluation: • Determine/confirm the adequacy of the existing generator for the new submersible pump design • Work closely with City for design and installation of Calvert Technical Services controls. • Prepare preliminary electrical drawings. • Prepare a preliminary construction cost estimate of the above items. • Summarize the above items in a Technical Memorandum. Final Electrical Design Follett Engineering will prepare the final electrical design and appurtenances based upon review comments from the City. The final electrical design includes the demolition of all electrical and I&C equipment and replacement with all new electrical equipment including the motor control center and ATS and all new controls and instrumentation and provide a Technical Memorandum outlining the various options including costs to the City for their review and approval of the recommended alternative. Follett Engineering will prepare construction level plans and specifications based upon City review comments. Task 10 - SEPA PACE will prepare a SEPA checklist for the proposed work. It is assumed that the City will act as its own lead agency and will issue the Determination. It is assumed that the City will mail and post the SEPA documents in accordance with SEPA requirements. PACE will assist the City with a public hearing to solicit comment on the SEPA determination if required. Task 11— Permitting PACE will coordinate with the required permitting agencies and prepare all necessary permit applications. This task will be initiated early in the design process, based on the 60% Design Development plans. It is assumed that the City of Tukwila Park Right -of -Way Use Permit will be the only permit required for this project. We assume that all permit fees to be paid directly by the City. Task 12- Construction Document Development (100% Plans, specifications and estimates) PACE will provide construction level documents based upon City comments from the Design Development (60% plan review). At this stage we will also have developed fairly complete project specifications. We will utilize contract documents and general provisions from past City projects and will create specific technical specifications as needed. We anticipate the project will bid as one schedule and that the bid documents will be based on the most recent Washington State Department of Transportation "Standard Specifications for Road, Bridge and Municipal Construction", It is assumed that based on the City's review of these documents there will be one set of revisions to get the documents "Bid -Ready" Task 13 - QA (Quality Assurance) In order to assure that the final plans and specifications are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the documents prior to each submittal to the City. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet the "standard level of care" of our industry. https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/O1 TIC Agenda/2023 Agenda Items/TIC 02-06-23/7. Lift Station No. 5 Design Contract/Scope of Work LS 5_060122.docx 56 LS 5 Retrofit Scope of Work Page 5 Task 14 — Management Reserve Fund If directed by the City, PACE will provide services needed to assist the City with tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, PACE will provide a scope and budget for the task identified by the City. PACE will not proceed with the task until written authorization has been provided by the City. Task 15 - Construction Services This task includes management of the project during the bidding and construction period. We have not included a budget herein for construction services; however, PACE is available to provide construction services as needed. PACE will prepare a construction administration proposal following completion of design and once the City's needs are known. Some of the services that could be provided under this task include the following: 1. Bid the project through a bidding service such as Builders Exchange. 2. Answer questions during the bidding period. 3. Issue addenda as necessary. 4. Attend a pre-bid meeting as required. 5. Attend the bid opening. 6. Conduct reference checks of the low bidder and prepare recommendation of award. 7. Attend and direct the pre -construction conference and provide meeting minutes to all attendees. 8. Review material submittals for compliance with contract documents. 9. Provide construction staking for the improvements. 10. Review, approve and prepare contract pay estimates. 11. Prepare change orders as necessary, including all documentation and coordination with the contractor. 12. Attend and conduct construction meetings as required and prepare and distribute meeting notes. 13. Monitor construction to determine contractor compliance and prepare all letters and documentation regarding same. We assume that the City would provide an inspector for the project and PACE staff would visit the site as necessary. 14. Address construction questions as they arise. 15. Prepare punch lists and conduct final inspection, and prepare recommendation of project acceptance. 16. Prepare As -Built drawings. PROJECT COSTS The costs associated with the above described work are shown on the attached spreadsheet. https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/O1 TIC Agenda/2023 Agenda Items/TIC 02-06-23/7. Lift Station No. 5 Design Contract/Scope of Work LS 5_060122.docx 57 58 Transportation & Infrastructure Services Committee Minutes February 6, 2023 Committee Recommendation Unanimous approval. E. Maintenance Agreement Amendment: Green the Green Shoreline Restoration Staff is seeking Council approval of an amendment in the amount of $37,191.00 with At Work! Commercial Enterprises, Inc. for two additional years of maintenance at the NC Machinery and JSH/Southcenter Office Plaza sites. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. F. Grant Application: Green the Green Staff is seeking Committee approval to apply for $50,000 from the King County ReGreen the Green program to fund two years of maintenance at the two sites mentioned above in item E. Committee Recommendation Unanimous approval. G. Design Agreement: Sewer Lift Station 5 Rebuild Staff is seeking Council approval of an agreement with PACE Engineers, Inc. in the amount of * $236,801.25 for design of the Sewer Lift Station 5 Retrofit Project. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. H. Temporary Construction Permit Renewal: Fleet and Facilities Building Staff is seeking Council approval to renew Seattle City Light's temporary construction permit for the use of the fee -owned transmission line corridor property located at the Public Works Fleet and Facilities Building. Committee Recommendation Majority approval. Forward to February 13, 2023 meeting. I. Transportation Element Update Staff provided an overview of the schedule and outreach plan for the Transportation Element of the Comprehensive Plan update. Committee members suggested additional engagement considerations including faith -based organizations, Chamber of Commerce, social media, video creation, and taking advantage of opportunities to combine multiple departments and projects at public events. Committee Recommendation Discussion only. 59 60 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 02/13/23 JR ITEM INFORMATION ITEM NO. Spec 2.B. 61 STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 02/13/23 AGENDA ITEM TITLE Surface Contract Water Fund — Green the Green Shoreline Restoration Maintenance 21-074 Amendment No. 2 CATEGORY ❑ Discussion Mtg Date Motion Date 02/13/23 ❑ 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 PW' Court SPONSOR'S At Work! performed invasive species control and plant establishment throughout 2021 and SUMMARY 2022 at the NC Machinery and JSH/Southcenter Office Plaza sites, which were restored in 2020. This amendment will allow the contractor to provide two additional years of needed maintenance. Council is being asked to approve Amendment No. 2 to Contract No. 21-074 with AtWork Commercial Enterprises, in the amount of $37,191.00 with a total contract amount of $65,927.10. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 02/06/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $37,191.00 $185,000.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/13/23 MTG. DATE ATTACHMENTS 02/13/23 Informational Memorandum dated 02/03/23 2023-2028 CIP page 80 AtWork Commercial Enterprises LLC Contract and Scope of Work Minutes from Transportation and Infrastructure Committee meeting of 02/06/23 61 62 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Pcrrnek rntr, Director/City Engineer INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Hari Ponnekanti, Public Works Director Mike Perfetti, Surface Water Sr. Program Manager Mayor Allan Ekberg February 3, 2023 Surface Water Fund — Green the Green Shoreline Restoration Maintenance Project Number 91641202 Contract 21-074 Amendment No. 2 ISSUE Approve Amendment No. 2 to Contract No. 21-074 with At Work! Commercial Enterprises LLC. BACKGROUND The City's Green the Green Shoreline Restoration project, a public-private partnership, accomplished the removal of 1.82 acres of invasive plant species and the installation of 5,700 native plants along 1,941 lineal feet of Green River shoreline. This phase of the project is intended to support plant establishment and control invasive species regrowth over the next 2 years. DISCUSSION At Work! performed invasive species control and plant establishment throughout 2021 and 2022 at the NC Machinery and JSH/Southcenter Office Plaza sites, which were restored in 2020. Today, the JSH/Southcenter Office Plaza site is largely weed free and is functioning as planned, and the NC Machinery site, while showing overall success, requires additional invasive species control work and subsequent adaptive management planting. This amendment will allow the contractor to provide two additional years of needed maintenance at both locations and add adaptive management planting at the NC Machinery site. FISCAL IMPACT Contract Amendment No.2 brings the total contract amount to $65,927.10, which is over the $40,000 threshold for Council approval. Staff are applying for a King County ReGreen the Green grant, which would be used to cover the cost of Amendment No. 2. The 2023 CIP budget for this project is also sufficient to cover the cost of the contract if necessary. Cost Estimate Original Contract $28,736.10 Amendment #1 (Time only) 0.00 Amendment #2 37,191.00 Total $65,927.10 Budget (2023) $185,000.00 RECOMMENDATION Council is being asked to approve Amendment No. 2 with At Work! Commercial Enterprises, Inc. in the amount of $37,191.00 and consider this item on the Consent Agenda at the January 23, 2022, Special Council Meeting. Attachments: 2023-2028 CIP page 80 At Work Commercial Enterprises LLC Contract 21-074 Amendment no. 2 63 64 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Green the Green Program Project No. 91641202 This program supports revegetation efforts along watercourses within the City with main goal of providing habitat DESCRIPTION: and reducing water temperatures. Funding may be utilized for costs related to planting or maintenance and include City and partner protects that contribute to the goals. JUSTIFICATION: WRIA 9 has identified warm water temperatures as an impediment to salmon recovery, and has also started a funding program called, "ReGreen the Green" which aims to support revegetation projects along the river. Pilot project at NC Machinery & Southcenter Plaza completed and in ongoing maintenance. Funds maintenance STATUS: of recently completed surface water CIP projects meeting program goals. Other opportunities are being identified in a collaborative interdepartmental effort. MAINT. IMPACT: Expected to increase maintenance. COMMENT: Grant funding ongoing. Funding to date has come from WRIA9, King Co., and the Rose Foundation. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES ' :.. Project Locat!on “ 5 . fligoibli Design 35 20 5 20 5 20 5 30 140 Land (R/W) 5 5 Tel 3 5 18 Monitoring & Maint. 10 8 160 50 80 30 60 60 45 503 Const. Mgmt. 9 25 0 25 Inigirr. 20 20 99 Construction 181 100 100 100 100 581 TOTAL EXPENSES 235 8 185 180 105 160 80 188 200 1,341 FUND SOURCES Awarded Grants KC 172 8 29 209 Proposed Grants 40 50 50 50 50 50 50 340 Rose Foundation 25 25 Mitigation Expected 0 Utility Revenue 38 0 116 130 55 110 30 138 150 767 TOTAL SOURCES 235 8 185 180 105 160 80 188 200 1,341 80 2023 - 2028 Capital Improvement Program 65 ' :.. Project Locat!on “ 5 . fligoibli N' nth Tel inion 19) /- 1'4 ....4. li,r 'WARM 11141Aglit rt \ i<6.-, „,.#0,1..e.a Inigirr. 47 \ St !$!;: _ $ lea S[ (�., TukwlXa Pkwy r 80 2023 - 2028 Capital Improvement Program 65 66 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-074 CONTRACT FOR SERVICES Change Order #2 Short Form Contract Between the City of Tukwila and At Work! Commercial Enterprises, LLC That portion of Contract No. 21-163 between the City of Tukwila and At Work! Commercial Enterprises, LLC is hereby amended as follows: Section 3: Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by reference. The total amount to be paid shall not exceed $65,927.10 at a rate of N/A except by written agreement of the parties. All other provisions of the contract shall remain in full force and effect. Dated this ®t day of 1-4 , 20 2 - CITY CITY OF TUKWILA Allan Ekberg, Mayor CONTRACTOR widevy cc,--,,k-ter le s t -L C- Prin#ed Narne: jcr.'t ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 67 ATWORK COMMERCIAL ENTERPRISES LLC 1935 152nd PI Ne Bellevue, WA 98007 (425) 274-4026, (206) 434-6623 Johnsl (c�atworkwa.org 12-18-2022 City of Tukwila Green to Green Project # 91641202 Contract Extension Cost Proposal Contract Extension Duration: 2 years, January 1,2023 to December 31, 2024 Scope of work and terms as per contract. JSH Site Item # Item Description Unit Unit Price Amount 1 Invasive Weed Control 1 $2,679 $2,679.00 2 Plant Maintenance 1 $5,600 $5,600.00 3 Project Management 1 $1,200 $1,200.00 Total for JSH Site for 2 year period: $9,479.00 Harnish Groua Site Item # Item Description Unit Unit Price Amount 4 Invasive Weed Control 1 $2,679 $2,679.00 5 Plant Maintenance 1 $12,343 $12,343.00 6 Project Management 1 $1,440 $1,440.00 7 Adaptive Mgt (Plant Qty as per plan) Work to be done prior to March 30, 2023 1 $11,250.00 $11,250.00 Total for Harnish Group Site for 2 year period: $27,712.00 Total for 2 year period: $37,191.00 Signature: palm '', Seu49 Title: Business Development Manager Date: 12-18-2022 68 Legend Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 - Wet, Steep - Steep, Unmowed - Drier, Upland - Eventual Hedgerow - Access Zone / Unplantable Project Boundary v Plant survival and plant health is relatively low in this general area, Install 10 -Pacific Madrone, 25 -Douglas Fir, 25 -Big Leaf Maples, 25 -Beaked Hazlenut, 56 Oceanspray,100- Red Flowerng Currant,100-Snowberry and 4 150 Nootka Rose. Plant materialand spacing shall be per contract. `Owner to 4 verify�ation prior to planting. Theboundary is approximate and may not be sufficiently sized to accommodate all plants, in which case plants shall be, located in other suitable locations throughoutthe site as approved by Owner. Zone 1, and to a lesser degree, Zone 2, experience water -conveyed weed seeds; steep slopes and recent sloughing events make access more challenging; continue invasive removal and replant steep reg slopes, sloughing areas and other areas void of native vegetation with 100 live stake willows (40 S. sitchensis, 40 S. sitchensis and 20 S. luciandralz 10 Black Cottonwoods,100 Pacific ninebark,10�0,Redosier dogwood, 50 Peafruited rose, 10 Western Red Cedar and 10 Oregon Ash) IPA Invasive species occur throughout the site. Continue focontrol all invasives species per contract and maintain all planted plants Continue to cdmply withlell aspects of the easement and all oth conditions in�th'e contra t.- cia / n Ina 1%01-.7.16 R' ii MD MEM 'T T 0131 er-al LADAPTIINISTANAGEMENT P1 Pictometry International Corp. 2015 KBD King Conservation District Tukwila Green the Green Planting Zone Map NC Machinery 120 60 0 1:827 120 Feet DISCLAIMER_ While every precaution was taken In preparing this map, the publisher disclaims any warranty of fitness or accuracy of the data. The map is approximate in nature, based on compilation of data from multiple sources, and should not be relied upon or referenced in legal documents, including property deeds, title reports, and contract documents, nor substituted for appropriate survey and \or engineering analysis . The user of the map acknowledges rts limitations, assumes all responsibility for its use, and agrees to hold the publisher harmless for any damages that may result from the use of this map. This map is subject to change without notice. KCD Planner: Kristen Reichardt Copyright ©2017 King Conservafip istrict Octobh,144, 2017 Document Path: M:IShared ResourceslAdministrationlContracted Services - KCDITukwila Green the GreenIMAPSINCMachineryMap.mxd 70 Transportation & Infrastructure Services Committee Minutes February 6, 2023 Committee Recommendation Unanimous approval. E. Maintenance Agreement Amendment: Green the Green Shoreline Restoration Staff is seeking Council approval of an amendment in the amount of $37,191.00 with At Work! *Commercial Enterprises, Inc. for two additional years of maintenance at the NC Machinery and JSH/Southcenter Office Plaza sites. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. F. Grant Application: Green the Green Staff is seeking Committee approval to apply for $50,000 from the King County ReGreen the Green program to fund two years of maintenance at the two sites mentioned above in item E. Committee Recommendation Unanimous approval. G. Design Agreement: Sewer Lift Station 5 Rebuild Staff is seeking Council approval of an agreement with PACE Engineers, Inc. in the amount of $236,801.25 for design of the Sewer Lift Station 5 Retrofit Project. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. H. Temporary Construction Permit Renewal: Fleet and Facilities Building Staff is seeking Council approval to renew Seattle City Light's temporary construction permit for the use of the fee -owned transmission line corridor property located at the Public Works Fleet and Facilities Building. Committee Recommendation Majority approval. Forward to February 13, 2023 meeting. I. Transportation Element Update Staff provided an overview of the schedule and outreach plan for the Transportation Element of the Comprehensive Plan update. Committee members suggested additional engagement considerations including faith -based organizations, Chamber of Commerce, social media, video creation, and taking advantage of opportunities to combine multiple departments and projects at public events. Committee Recommendation Discussion only. 71 72 COUNCIL AGENDA SYNOPSIS k* � :, 4 f Initials ITEM No. O,7 `� Meeting Date Prepared by Mayor's review Council review 1* 0 2/13/23 NE Spec 2.C. f 4 \\......., 190a ITEM INFORMATION STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 2/13/23 AGENDA ITEM TITLE GMA Periodic Update Grant Acceptance - FY2023 CATEGORY ❑ Discussion Mtg Date II Motion Mtg Date 2/13/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mi Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs 11 DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S The Washington Department of Commerce has provided $125,000 in grant funding to SUMMARY assist GMA-planning cities such as Tukwila in the development of the periodic update of their comprehensive plans. The requested action is the approval of half that award for $62,500 for FY 2023 (a second grant will be offered for FY24). The full funding will allow the hiring of a consultant team to support Ciy staff in developing the 2024-2044 Comprehensive Plan. REVIEWED BY • Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/6/23 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPoNsoR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Special Committee COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 $125,000 $ Fund Source: GRANT - WA DEPT OF COMMERCE Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/13/23 MTG. DATE ATTACHMENTS 2/13/23 Informational Memorandum dated 1/30/23 WA Dept of Commerce and Tukwila Agmt: GMA Periodic Update Grant — FY2023 Minutes from 2/6/23 Planning & Community Development Committee 73 74 J�.rI1LA Iq,4 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICP, Director INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee (2/6/23) FROM: Nora Gierloff, AICP, Community Development Director BY: Nancy Eklund, AICP, Long Range Planning Manager CC: Mayor Ekberg DATE: January 30, 2023 SUBJECT: GMA Periodic Update Grant Acceptance (Washington Department of Commerce) — FY2023 ISSUE Should the City accept a FY2023 grant for $62,500 from the Washington Department of Commerce to support the required periodic update of the City's Comprehensive Plan? BACKGROUND The Washington Department of Commerce typically provides grant funding to jurisdictions to assist GMA-planning cities in the development of the periodic update of their comprehensive plans. The City received notice in July 2022 of the award of $125,000 from Commerce to support the Plan's update. This grant is being split into two $62,500 amounts for FY2023 and FY 2024. DISCUSSION Admittedly, the Scope of Work in this grant agreement is very confusing. The original application for the grant asked for a scope of work that extended over the full grant period, which at the time, was from July 1, 2022 to December 31, 2024. The City submitted a scope that defined the work to be completed for the project, splitting tasks between FY 2023 and FY 2024 to allow the state to pay half the grant in each fiscal year. To differentiate the timing of the various tasks in the scope of work, work to be complete in 2023 was not shaded; and work to be completed in the second half of 2023 and in 2024 was shaded. Unfortunately, although Commerce notified the City that it would receive the $125,000 award in grant funds in July 2022, they did not forward the grant contract until mid-January 2023, leaving less than 6 months to complete scoped FY 2023 work. To provide a scope to accompany the FY 2023 grant Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 75 Planning and Community Development Committee - 2/6/23 FY 2023 Washington Dept of Commerce — GMA Periodic Update Grant Acceptance 1/30/23 Page 2 of 2 contract, staff updated the dates listed for completion of the various tasks. Commerce staff suggested that the scope also include dates for when status reports would be submitted for FY 2023 tasks. In the coming month, Planning staff are intending to advertise for a consultant to augment in-house staff capacity. The consultant is needed to assist with community engagement, climate change policy and implementation, and one of the largest tasks for the 2024-2044 Periodic Update — the update of the Housing Element to comply with State and local requirements pertaining to the supply and affordability of housing for all income segments. FINANCIAL IMPACT This grant will have no impact on City funding. It will support work that the City is required to complete as a part of its Comprehensive Plan 2024 Update by enabling the hiring of consultant assistance. RECOMMENDATION Forward this item to the Consent Agenda of the Special meeting on February 13, 2023. This action will authorize the Mayor to sign the grant agreement with the Washington Department of Commerce to accept grant funding (for FY 2023) in support of the City's Comprehensive Plan. Another contract will be required for the $62,500 the City will receive in FY2024. ATTACHMENTS • Grant Agreement between Washington Department of Commerce and the City of Tukwila for the GMA Periodic Update Grant for FY 2023 (7/1/22 to 6/30/23 grant cycle). 76 A►. Washington State .. Department of !0 Commerce Interagency Agreement with For City of Tukwila through Growth Management Services Contract Number: 23-63210-028 GMA Periodic Update Grant — FY2023 Dated: Date of Execution 77 .i►. Washirrg:on Slate NU" Commerce Table of Contents TABLE OF CONTENTS 2 FACE SHEET 3 SPECIAL TERMS AND CONDITIONS 4 1. AUTHORITY 4 2. CONTRACT MANAGEMENT 4 3. COMPENSATION 4 4. BILLING PROCEDURES AND PAYMENT 4 5. SUBCONTRACTOR DATA COLLECTION 5 6. INSURANCE 5 7. FRAUD AND OTHER LOSS REPORTING 5 8. ORDER OF PRECEDENCE 5 GENERAL TERMS AND CONDITIONS 6 1. DEFINITIONS 6 2. ALL WRITINGS CONTAINED HEREIN 6 3. AMENDMENTS 6 4. ASSIGNMENT 6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION 6 6. COPYRIGHT 7 7. DISPUTES 7 8. GOVERNING LAW AND VENUE 8 9. INDEMNIFICATION 8 10. LICENSING, ACCREDITATION AND REGISTRATION 8 11. RECAPTURE 8 12. RECORDS MAINTENANCE 8 13. SAVINGS 8 14. SEVERABILITY 8 15. SUBCONTRACTING 9 16. SURVIVAL 9 17. TERMINATION FOR CAUSE 9 18. TERMINATION FOR CONVENIENCE 9 19. TERMINATION PROCEDURES 9 20. TREATMENT OF ASSETS 10 21. WAIVER 11 ATTACHMENT A: SCOPE OF WORK 12 ATTACHMENT B: BUDGET 17 Page 2 of 17 78 .i►. Washirig:on Slate NU" Commerce Face Sheet Local Government Division Growth Management Services Contract Number: 23-63210-028 1. Contractor City of Tukwila Department of Community Development, Planning 6200 Southcenter Blvd Tukwila, WA 98188 2. Contractor Doing Business As (as applicable) N/A 3. Contractor Representative Nancy Eklund Long Range Planning Manager (206) 433-7141 Nancy.eklund@tukwilawa.gov 4. COMMERCE Representative Catherine McCoy PO Box 42525 Senior Planner 1011 Plum St. SE (360) 725-2910 Olympia, WA 98504 catherine.mccoy@commerce.wa.gov 5. Contract Amount $62,500 6. Funding Source Federal: ❑ State:./ Other: ❑ N/A: ❑ 7. Start Date Date of Execution 8. End Date June 30, 2023 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID# N/A 11.SWV# SWV0018023-00 12.UBI# 179-000-208 13.UEI# N/A 14. Contract Purpose Grant funding to assist the City of Tukwila with planning work for the completion the Growth Management Act (GMA) requirement to review, and if needed, revise the comprehensive plan and development regulations under RCW 36.70A.130(5). COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work and Attachment B - Budget FOR CONTRACTOR FOR COMMERCE Allan Ekberg, Mayor City of Tukwila Mark K. Barkley, Assistant Director Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 17 79 .i►. Washirig:on Slate NU" Commerce Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed sixty-two thousand, five hundred dollars ($62,500), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The parties agree this is a performance-based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63210-028. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2022, for services and deliverables described under this Agreement_ Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Page 4 of 17 80 .i►. Washirig:on Slate DNU" Commerce Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors_ COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). Line Item Transfers The total amount of transfers of funds between line item budget categories shall not exceed ten percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts amendment by the Contractor and COMMERCE. Ineligible Costs Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Page 5 of 17 81 .i►. Washirig:on Slate NU" Commerce General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 6 of 17 82 .i►. Washirig:on Slate vme Commerce iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 7 of 17 83 .i►. washing:on Slate vme Commerce prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 8 of 17 84 .i►. washing:on Slate Dvme Commerce 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 9 of 17 85 .i►. washing:on Slate Nu" Commerc e COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 10 of 17 86 .�►' Washing:on State Department !!j Commerce practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 11 of 17 87 .i►. Washirig:on Slate NU" Commerce Attachment A: Scope of Work FY2023 Task categories are shown in a Light green shading ; tasks to occur in FY 2023 are not shaded (or are shown in white on a grey background); and task to be completed in FY 2024 are shown in grey shading. Tasks / Actions / Deliverables Description End Date Task 0 Approval of GMA Update Grant Contract and Selection of Consultant and Approval of Consultant Contract (contract received 1/10/23) 4/3/23* (* assuming dates work with all parties) Step 0.1 Secure Council Committee approval (2/6/23) and City Council approval (2/13/23) on grant contract with Commerce 2/13/23 Step 0.2 Advertise RFQ (2/14/23); Receive submittals 2/24/23); interview, select consultant (2/28/23); complete internal review on contract (3/6/23); review with Council Committee* (3/13/23) and receive Council approval (3/20/23) on consultant contract. *If contract can go to Finance & Governance Committee otherwise, push schedule out a week. 3/21/23 Deliverable Oa Signed Contract, Tukwila and Commerce (Committee 2/3/23; Council 2/13/23; City signature 2/14/23) 2/14/23 Deliverable Ob Signed Contract, Tukwila and Consultant 3/21/23 Task 1 Complete the Consistency Analysis of Existing Comprehensive Plan with Commerce Checklist and Regional Policy Guidance 3/31/23 Deliverable la Completed Commerce Checklist and Matrix of Regional Policy Guidance 3/31/23 Task 2 Public Outreach Plan 5/31/24 Step 2.1 Develop Outreach Plan (4/4/23) and confirm with City Council Committee (4/17/23) and Council (5/1/23) 5/1/23 Page 12 of 17 88 .i►. Washirrg:on Slate NU" Commerce Tasks / Actions / Deliverables Description End Date Step 2.3 Conduct Outreach Activities to Council, Planning Commission and public (including translations needed) Ongoing Status report 6/15/23 Deliverable 2a Public Outreach Plan 5/15/23 Deliverable 2b Public Outreach Results — Preliminary Draft (6/15/23) and Final 5/31/24 6/15/23 Task 3 Housing Element Updates 12/15/23 Step 3.1 Complete draft inventory and analysis of existing and projected housing needs over the planning period, by income band, consistent with the City's share of housing need, as provided by Commerce & King County — Status Report. 6/15/23 Step 3.2 Identify capacity of land for housing, including government -assisted, housing for moderate, low, very low, and extremely low-income households, manufactured, multifamily, group homes, foster care facilities, emergency housing, emergency shelters, permanent supportive housing - Status Report 6/15/23 Step 3.3 Integrate Residential Neighborhoods Element into Housing Element, as appropriate — Status Report. 6/15/23 Step 3.4 Develop Ordinance Updates to address Housing Updates 12/15/23 Deliverable 3.1 Proposed Housing Element policy updates — Status Report 6/1/23 Deliverable 3.2 Task 4 Proposed Housing Ordinance updates, draft (11/15/23) and final (1/15/24) Land Use Element 1/15/24 10/31/23 Step 4.1 Compile Land Use Element required information from throughout the Plan where it currently resides and consolidate it into a single element. Begin update of required information, including incorporating buildable lands and reasonable measures requirements. 6/15/23 Page 13 of 17 89 .r►' Washing:on State Department !!j Commerce Tasks / Actions / Deliverables Description End Date Step 4.2 Confirm City's Land Use strategy and consider opportunities for modifying land use and zoning categories and descriptions. 10/31/23 Step 4.3 Integrate Subarea plans and Center plans into Land Use element as subchapters 10/31/23 Step 4.4 Update Land Use map as needed — Draft 1 2/15/24 Step 4.5 Update Land Use map as needed — Draft 2 4/15/24 Step 4.6 Update Land Use map as needed — Draft 3 6/15/24 Deliverable 4.1 Status Report on Land Use Element information in existing Plan. Begin update of required information, including incorporating buildable lands and reasonable measures requirements. 6/15/23 Deliverable 4.2 Task 5 Update Land Use map (as needed) & Element Review Functional / other City Plans adopted into Comprehensive Plan for consistency with Land Use Plan and State and Regional Policy guidance 6/1/24 3/15/24 Step 5.1 Integrate Transportation, Economic Development, and Stormwater Plans; coordinate with Parks 1/15/24 Step 5.2 Review goals and policies in functional plans for consistency with regional and Commerce content and policy guidance, including plans developed for Water and Sewer service — Status report. 6/15/23 Step 5.3 Coordinate with City Departments and Incorporate needed updates into respective Plan elements Ongoing 2/15/24 Deliverable 5 Task 6 Finalized plans with current policy language. Summary of draft and Status Report completed by 6/30/2022 Capital Facilities and Utilities Elements 3/15/24 3/15/24 Page 14 of 17 90 .�►' Washing:on State Department !!j Commerce Tasks / Actions / Deliverables Description End Date Step 6.1 Update Utilities elements as needed; and Capital Facilities Element 3/15/24 Deliverable 6.1 Updated Utilities Element Draft & Status Report 6/15/23 6/15/23 Deliverable 6.2 Updated Utilities Element Final Draft 3/15/24 3/15/24 Deliverable 6.3 Updated Capital Facilities Element Progress Draft & Status Report (6/15/23) 6/15/23 Deliverable 6.4 Task 7 Updated Capital Facilities Element Final draft (3/15/24) Climate Change Mitigation and Resilience Integration into Plan 3/15/24 9/1/23 Step 7.1 Review Plan Elements to determine opportunities for adding additional inventory data about climate change impacts on the City throughout the elements, and integrate new policy guidance as needed — Draft / Status Report 6/15/23 Step 7.2 Update Natural Environment and Shoreline Elements and incorporate Climate Change (to the degree possible without triggering Ecology review process) 12/31/23 Deliverable 7 Task 8 Updated Elements Summary of draft and Status Report completed by and 1/15/2024 Develop/Finalize Implementation Strategies 1/31/24 4/15/24 Step 8.1 Update existing strategies and develop new strategies for each element that assign both responsibilities and dates for completion in anticipation of required 5 -year monitoring report. 3/15/24 Deliverable 8 Updated implementation strategies in all Elements Status Report completed by ; Final by 3/15/24 3/15/24 Page 15 of 17 91 .�►' Washing:on State Department !!j Commerce Tasks / Actions / Deliverables Description End Date Task 9 Finalize Overall Plan for Readability, Brevity, Consistency with Required Guidance 5/31/24 Step 9.1 Identify opportunities to consolidate information in smaller chapters into other, more appropriate, plan elements 6/15/23 Step 9.2 Develop Matrix of policies to clarify policy focus, eliminate policy repetition/ redundancies, and enable reader to locate topic -specific policies within the Plan 6/15/23 Step 9.3 Package final Plan for readability, visual attractiveness, and utility by elected and appointed officials, businesses, visitors, and the public. 4/30/24 Deliverable 9 Final Comprehensive Plan Summary of draft and Status Report completed by 6/30/2023; Final by 6/15/24 6/30/2023 6/15/24 Task 10 Step 10.1 Environmental Review of Plan (an addendum is envisioned) Initiate SEPA Review 3/1/24 10/15/23 Deliverable 10.1 SEPA - Summary of draft issues (10/15/2023) 10/15/23 Deliverable 10.2 Task 11 Step 10.1 SEPA Determination — draft (9/1/23) and Final (1/15/24) Agency Reviews Department of Commerce Ongoing, plus final 60 -day review 1/15/23 3/15/24 6/15/24 (ongoing) Step 10.2 PSRC Consultation 6/15/24 (ongoing) Deliverables 10 Plan Approval and Certification Status Report completed Final (7/1/24) 8/1/24 Page 16 of 17 92 A -4111A Washington Stale Depaiment of v41J Commerce Attachment B: Budget SFY 2023 Task/Deliverable SFY 2023 Amount Deliverable 1 Consistency Analysis - Commerce Checklist and Regional Policy Guidance $ 0 Deliverable 2 Public Outreach Plan $ 15,000 Deliverable 3 Housing Element Updates $ 27,000 Deliverable 4 Land Use Element $ 12,000 Deliverable 5 Consistency Analysis of City Functional and other Plans with Land Use Plan, and State and Regional Policy guidance $ 2,000 Deliverable 6 Capital Facilities and Utilities Elements $ 500 Deliverable 7 Climate Change Mitigation and Resilience Integration into Plan $ 2,000 Deliverable 8 Develop Implementation Strategies $ 2,000 Deliverable 9 Finalize Overall Plan for Readability, Brevity, Consistency with Required Guidance $ 2,000 Deliverable 10 Finalize Environmental Review $ 0 Total Grant (SFY 2023 only) $ 62,500 Page 17 of 17 93 94 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes February 6, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Kathy Hougardy, Chair; De'Sean Quinn, Thomas McLeod Staff Present: Derek Speck, Nora Gierloff, Brandon Miles, Nancy Eklund, Rachel Bianchi, Laurel Humphrey Guest: Claire Goodwin, SKHHP Chair Hougardy called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Resolution: South King Housing and Homelessness Partners Capital Fund Allocation Staff is seeking Council approval of a resolution that approves the allocation of $29,804.43 from the City's existing contributions to the South King Housing and Homelessness Partners Housing Capital Fund to finance two affordable housing projects. Item(s) for follow-up: Ensure City Attorney review of project conditions. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. B. Grant Agreement: Comprehensive Plan Staff is seeking Council approval of $62,500 in grant funding from the Washington * Department of Commerce to support the Comprehensive Plan update in 2023. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. 11. MISCELLANEOUS Chair Hougardy asked the Committee if they would support a 1St Quarter discussion on the status of multifamily tax exemption efforts. Committee members and staff discussed the factors involved in such a discussion. The Committee requested this be placed on an agenda in March. Staff noted that there is an updated version of the Seawolves lodging tax agreement on the Regular Meeting agenda. Councilmember McLeod will pull the item from the Consent Agenda so that the Council can be directed to the changes. The meeting adjourned at 6:22 p.m. Committee Chair Approval 95 96 COUNCIL AGENDA SYNOPSIS CI- :, 4 Initials ITEM No. O,7 `� Meeting Date Prepared by Mayor's review Council review —1 *4103 1 2/13/23 LH Spec 2.D. \\......., 290a ITEM INFORMATION STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 2/13/23 AGENDA ITEM TITLE Resolution authorizing allocation from SKHHP Housing Capital Fund CATEGORY 11 Mtg Discussion Date 2/13/23 ❑ Motion Mtg Date 11 Resolution Mtg Date 3/6/23 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other MIX Date SPONSOR 11 Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S The proposed resolution authorizes the allocation of $29,804.43 from the city's existing SUMMARY contributions to the South King Housing & Homelessness Partners (SKHHP) Housing Capital Fund. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/6/23 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $n/a $29,804.43 $ Fund Source: Comments: Tukwila contributes 10% of its HH 1406 funds to the SKHHP Capital Fund MTG. DATE RECORD OF COUNCIL ACTION 2/13/23 MTG. DATE ATTACHMENTS 2/13/23 Information memo dated 1/23/23 Draft resolution PowerPoint Minutes from the 2/6/23 Planning and Community Development Commmittee meeting 97 98 W i City of Tukwila 190a Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Community Development Committee FROM: Laurel Humphrey, Legislative Analyst Claire Goodwin, Executive Manager, SKHHP DATE: January 23, 2023 SUBJECT: Resolution authorizing allocation from SKHHP Housing Capital Fund ISSUE Staff is seeking Council approval of a resolution that authorizes the allocation of $29,804.43 from the City's existing contributions to the South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund to finance affordable housing projects. This is the first of what will be an annual process. SUMMARY SKHHP was created in 2019 through an interlocal agreement of several cities and King County to address housing needs in South King County. There are currently 11 member jurisdictions: Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, Tukwila, and King County. Council President Cynthia Delostrinos Johnson serves as Tukwila's representative on the SKHHP Executive Board. The Tukwila City Council approved the SKHHP 2023 Work Plan and Budget on October 18, 2022 via Resolution 2055. Housing Capital Fund Substitute House Bill 1406 (2019) authorized cities and counties to recapture a portion of Washington State sales tax for use to support affordable housing initiatives. SKHHP member cities contribute these funds to the SKHHP Housing Capital Fund. This approach allows funds from multiple cities to be pooled and made available to projects across South King County with the goals of leveraging other funds and maximizing the creation of affordable housing overall. In 2020, the Tukwila City Council authorized 10% of its SHB 1406 funds to go toward the Housing Capital Fund, retaining 90% to be used for rental assistance for Tukwila residents due to the impacts of COVID-19. Staff intends to bring options to revisit this ratio to the PCD Committee for consideration in 1st Quarter. Tukwila has contributed $30,976 to the Housing Capital Fund to date. Per the SKHHP Interlocal Agreement, member City Councils must take separate action on an annual basis to authorize the allocation of Housing Capital Funds already collected. Recommendation The SKHHP Executive Board's funding recommendation outlined below reflects the funding guidelines, policies and priorities previously adopted. After careful deliberation, the SKHHP Executive Board concurred with the recommendation of the SKHHP Advisory Board and recommends funding $1,393,308 for two projects as described in the December 16, 2022 memo (Exhibit A of the resolution). 99 INFORMATIONAL MEMO Page 2 The SKHHP Executive Board is requesting Tukwila funding of $29,804.43 (already contributed to the Housing Capital Fund) for the following projects: 1. $6,417.34 for Habitat for Humanity of Seattle -King and Kittitas Counties - Burien a. City of Tukwila funds represent 2.1% ($6,417.34/$300,000) of SKHHP funds proposed for this project. b. City of Tukwila funds represent 0.07% ($6,417.34/$8,401,776) of the total development costs. 2. $23,387.09 for Mercy Housing Northwest - Burien Family Housing a. City of Tukwila funds represent 2.1% ($23,387.09/$1,093,308) of SKHHP funds proposed for this project. b. City of Tukwila funds represent 0.05% ($23,387.09/$47,426,519) of the total development costs. Tukwila has already contributed sales tax credit receipts in the amount of $30,976 to SKHHP's Housing Capital Fund and with this Council approval those funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in the Executive Board memo. If not approved, SKHHP will not have Tukwila funds to contribute to the regional efforts to advance affordable housing projects that meet urgent local needs and priorities. RECOMMENDATION Staff is seeking a Committee recommendation on the resolution to forward to either the February 13, 2023 Special Consent Agenda or Committee of the Whole. ATTACHMENTS 1. Draft Resolution 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE DULY -APPOINTED ADMINISTERING AGENCY FOR SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO AGREEMENTS FOR THE FUNDING OF AFFORDABLE HOUSING PROJECTS, AS RECOMMENDED BY THE SKHHP EXECUTIVE BOARD, UTILIZING FUNDS CONTRIBUTED BY THE CITY OF TUKWILA TO THE SKHHP HOUSING CAPITAL FUND. WHEREAS, on February 21, 2019, the City of Tukwila entered into an Interlocal Agreement to form South King Housing and Homelessness Partners (SKHHP) to help coordinate the efforts of South King County cities to provide affordable housing; and WHEREAS, on May 17, 2021, the City of Tukwila entered into an Interlocal Agreement for the purposes of pooling sales tax receipts with SKHHP to administer funds through the SKHHP Housing Capital Fund; and WHEREAS, the SKHHP Executive Board has recommended that the City of Tukwila participate in the funding of certain affordable housing projects and programs hereinafter described; and WHEREAS, the SKHHP Executive Board has developed a number of recommended conditions to ensure the City's affordable housing funds are used for their intended purpose and that projects maintain their affordability over time; and WHEREAS, pursuant to the SKHHP formation Interlocal Agreement, each legislative body participating in funding a project or program through SKHHP's Housing Capital Fund must authorize the application of a specific amount of the City's funds contributed to the SKHHP Housing Capital Fund to a specific project or program; and CC:\Legislative Development\SKHHP Allocation 1-12-23 LH:AY Review and analysis by Andy Youn Page 1 of 2 101 WHEREAS, the City Council desires to use $29,804.43 from funds contributed to the SKHHP Housing Capital Fund as designated below to finance the projects recommended by the SKHHP Executive Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to the Interlocal Agreement, the City Council authorizes the duly -appointed administering agency of SKHHP to execute all documents and take all necessary actions to enter into agreements on behalf of the City to fund projects through Habitat for Humanity of Seattle -King and Kittitas Counties in Burien and Mercy Housing Northwest — Burien Family Housing, in a combined total of $29,804.43. Section 2. The agreements entered into, pursuant to Section 1 of this resolution, shall include terms and conditions to ensure that the City's funds are used for their intended purpose and that the projects maintain affordability over time. In determining what conditions should be included in the agreements, the duly -appointed administering agency of SKHHP shall be guided by the recommendations set forth in the SKHHP Executive Board's memorandum dated December 16, 2022, a copy of which is attached hereto as Exhibit A. Section 3. This resolution will take effect and be in full force immediately upon passage and signatures. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk 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— SKHHP Executive Board memorandum dated December 16, 2022 CC:\Legislative Development\SKHHP Allocation 1-12-23 LH:AY Review and analysis by Andy Youn 102 Page 2of2 SK:I: South King Housing and Homelessness Partners TO: City of Auburn Council Members City of Burien Council Members City of Des Moines Council Members City of Federal Way Council Members Memorandum City of Kent Council Members City of Normandy Park Council Members City of Renton Council Members City of Tukwila Council Members FROM: SKHHP Executive Board DATE: December 16, 2022 RE: 2022 SKHHP Housing Capital Fund Recommendation OVERVIEW The 2022 SKHHP Housing Capital Fund was the first funding round made possible by the pooling of resources from SKHHP member jurisdictions. SKHHP received three applications representing requests for just under $2.4 million in local funds to develop 135 units of affordable housing. After careful deliberation, the SKHHP Executive Board concurred with the recommendations of the SKHHP Advisory Board, and is recommending funding $1,393,308 for two projects. These recommendations advance projects that meet urgent local priorities, including mixed income workforce housing, permanent supportive housing, and affordable homeownership. As rents and home sale prices continue to rise in our region, so does the need for affordable housing. Your investment in the SKHHP Housing Capital, leveraged with millions of dollars from other sources, will provide this much needed housing to hundreds of underserved members of our community. The following is a description of the applications received, the Executive Board recommendation and rationale, and proposed contract conditions for the proposals recommended for funding at this time. Also enclosed is the proposed funding sources and an economic summary of the projects recommended for funding. ATTACHMENTS: 1. Proposed funding sources 2. Project economic summaries Page 1 of 11 103 1. HABITAT FOR HUMANITY SEATTLE -KING AND KITTITAS COUNTIES Funding request: Advisory Board recommendation: PROJECT SUMMARY $300,000 (secured grant) $300,000 (secured grant) See attached proposed funding sources for distribution of City funds Habitat for Humanity is requesting grant funds in the amount of $300,000 for a homeownership project located in Burien. The proposed project is phase I of II of a new development that will result in 40 affordable condominiums. Phase I consists of the construction of 20 three bedroom townhomes, 1.5 bath houses for households earning up to 50% of area median income (AMI). The project proposal is to provide permanent affordability through a land trust administered by Habitat and sold with an individual ground lease that allows Habitat the right of first option to purchase the home upon resale with a set 1.5% appreciation calculation in the lease agreement. As part of Habitat's homeownership model, homebuyers are required to put in 250 hours of sweat equity. The project also requires a Condominium Owners Association (COA) comprised of residents. The COA will address property issues and guidelines established in the land lease. Through the COA, reserves are established for the repair and maintenance of the buildings and to address ongoing landscape and maintenance. The reserve fund will be managed by the COA and funded through a monthly fee that is part of the overall housing costs and included in the 33% housing to household income ratio provided to homebuyers. FUNDING RATIONALE The Executive Board supports the intent of this application for the following reasons: • The project was approved for participation in the City of Burien affordable housing demonstration program. • The project strongly aligns with SKHHP Housing Capital Fund priorities including: providing homeownership opportunities, collaboration with local community- based organizations, direct experience and connection to populations they are proposing to serve, and advancing racial equity. • The project schedule indicates construction to begin in 2022 and certificate of occupancies issued in 2024. • The site has convenient access to transit, shopping, and services. • The project provides significant financial leverage of other sources. Page 2 of 11 104 PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP staff, and describe the actions it will undertake to secure alternative funding and the timing of those actions subject to SKHHP staff review and approval. 3. Funds shall be used by Agency toward specific project costs as included in funding agreement and consistent with RCW 82.14.540. Funds may not be used for any other purpose unless SKHHP staff has given written authorization for the alternate use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the maximization of sustainability. 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and selection; wage rates; and federal laws and regulations. 6. The Agency shall maintain documentation of any necessary land use approvals, permits, and licenses required by the jurisdiction in which the project is located. 7. The Agency shall submit monitoring quarterly reports through completion of the project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. Page 3 of 11 105 Special conditions 1. Funds will be in the form of a secured grant with no repayment, so long as affordability and target population are maintained. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. Affordability 3 bedroom Total 60% 20 20 Total 20 20 106 Page 4 of 11 2. MERCY HOUSING NORTHWEST — BURIEN FAMILY HOUSING Funding request: Executive Board recommendation: PROJECT SUMMARY $1,093,308 $1,093,308 (forgivable loan) See attached proposed funding sources for distribution of City funds Mercy Housing Northwest is requesting funds in the amount of $1,093,308 for an 89 unit multifamily mixed income affordable rental housing development in Burien. The project proposal is to provide a mix of 1- 2- and 3 -bedroom apartments, for households with mixed incomes from 0-30%, 30-50%, and up to 60% of area median income, and set asides for households with a disability and homeless households. The proposed project is a partnership with Mary's Place. Mary's Place and Mercy Housing Northwest entered into a memorandum of understanding indicating Mary's Place's intent to subdivide the property and donate an approximate 2 acre portion to Mercy Housing Northwest for the proposed multifamily development. FUNDING RATIONALE The Executive Board supports the intent of this application for the following reasons: • The project aligns with Burien's Comprehensive Plan land use designation and has two routes for zoning approval — an applicant pursued site specific rezone or a City initiated area wide rezone as part of the Ambaum Corridor plan, both are currently underway. • The project strongly aligns with SKHHP Housing Capital Fund priorities including: collaboration with local community-based organizations, direct experience and connection to populations they are proposing to serve, meeting the needs of those and available to those most disproportionately impacted by housing costs, advancing racial equity. • The project has the opportunity to deliver mixed income housing on a significant scale in a location with access to transit and other amenities. • The project is part of a partnership with Mary's Place which will create significant shelter and services. • The project includes over half (54%) of the houses to be family -sized 2 and 3 bedroom units. • The project serves special needs population through a set aside for households with a disability and formerly homeless households. • The site has convenient access to transit, shopping, and services. Page 5 of 11 107 • The project is expected to provide significant financial leverage of other sources. PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP, and describe the actions it will undertake to secure alternative funding and the timing of those actions subject to SKHHP staff review and approval. 3. Funds shall be used by Agency toward specific project costs as included in funding agreement and consistent with RCW 82.14.540. Funds may not be used for any other purpose unless SKHHP staff has given written authorization for the alternate use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the maximization of sustainability. 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and selection; wage rates; and federal laws and regulations. 6. The Agency shall maintain documentation of any necessary land use approvals and permits required by the jurisdiction in which the project is located. 7. The Agency shall submit monitoring quarterly reports through completion of the project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. Page 6 of 11 108 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. SPECIAL CONDITIONS 1. Funds will be in the form of a deferred, contingent, forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP Staff. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. If the project is unsuccessful in securing Housing Choice Vouchers, the project may shift an allocation of units set aside at 30% AMI to either 50% or 60% AMI. Affordability Total 30% 35 30-50% 28 60% 26 Total 89 3. The net developer fee shall be established at the time of finalizing the Contract Budget. Net developer fee is defined as that portion of the developer fee paid out of capital funding sources and does not include the deferred portion which is paid out of cash flow from operations after being placed in service. 4. SKHHP staff shall review and approve the services budget and services plan for consistency with application. 5. Timeframe for funding commitment. The funding commitment continues for thirty- six (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time, the Agency will provide a status report on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Agency will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. 6. The project will contain a 20% set aside for households with a disability, and 40% set aside for homeless households, unless otherwise approved by SKHHP staff. Page 7 of 11 109 3. ECOTHRIVE — BURIEN Funding request: $700,000 - $1,000,000 Executive Board recommendation: $0 PROJECT SUMMARY OVERVIEW EcoThrive is requesting grant funds in the amount of $700,000 - $1,000,000 for a homeownership project located in Burien. The project proposal is to provide permanent affordability through a limited -equity cooperative formed by homeowners as well as a community land trust that holds the land in trust. The proposed project is the new construction of 26 houses ranging in size from 350 square feet to 650 square feet for households earning between 30 and 50% of area median income (AMI). The property currently consists of a single family residential house that is uninhabitable. The property is currently zoned single family residential that allows for 6 dwelling units per acre. EcoThrive has submitted an application for the City of Burien's affordable housing demonstration program that would allow for a greater density of housing than is currently allowed on the property. Estimated approval for the affordable housing demonstration program is March of 2023. FUNDING RATIONALE The Executive Board supports the concept of the EcoThrive housing proposal but does not recommend funding at this time. The Executive Board would welcome an application in the next funding round. This would provide an opportunity for EcoThrive to address the issues identified below: • Further develop the plan for operational support of the limited equity cooperative and other supportive services. • Further develop and identify the plan for qualifying households for home loans. • Sweat equity at 10 hours per month in perpetuity may be a significant challenge for some households. • Obtain approval for City of Burien Affordable Housing Demonstration Program or pursuit of other land use changes that support the development proposal. • Include development cost estimate that helps establish soundness of development budget. • Further development of building design, parking, and conformance with zoning requirements. • Further develop plan for engaging, connecting, and working with households proposing to serve. Page 8 of 11 110 ATTACHMENT 1: Proposed Funding Sources Total contributed to Jurisdiction SKHHP Housing Capital Fund Habitat for Humanity - Burien Mercy Housing Northwest - Burien Family Housing Unallocated Auburn $305,338 $63,257.27 $230,532.27 $11,548.46 Burien $146,350 $30,319.52 $110,495.25 $5,535.23 Des Moines $51,777 $10,726.71 $39,091.99 $1,958.30 Federal Way $243,141 $50,371.84 $183,573.11 $9,196.05 Kent $330,312 $68,431.17 $249,387.81 $12,493.02 Normandy Park $2,863 $593.13 $2,161.58 $108.28 Renton $337,320 $69,883.02 $254,678.90 $12,758.08 Tukwila $30,976 $6,417.34 $23,387.09 $1,171.57 Total $1,448,077 $300,000 $1,093,308 $54,769 Page 9 of 11 111 ATTACHMENT 2: Project Economic Summaries Applicant: Habitat for Humanity Seattle -King and Kittitas Counties Project Name: Burien Location: 515 & 511 S. 136th Street, Burien, WA 98168 Project Description: New development of 20 homeownership condominium units Financing Sources: Funding source Proposed Amount Status SKHHP $300,000 Applied Housing Trust Fund $1,125,000 Committed King County HOME $1,547,282 Committed Fund for Humanity (developer) $4,860,994 $11,675 CHIP $568,500 Committed TOTAL $8,401,776 Development Budget: Proposed use Amount Per Unit Land acquisition $1,020,000 $51,000 Soft costs $414,250 $20,713 Development costs $6,734,026 $336,701 Other development costs $233,500 $11,675 TOTAL $8,401,776 $420,089 Page 10 of 11 112 Applicant: Mercy Housing Northwest Project Name: Burien Family Housing Location: 12845 Ambaum Blvd SW, Burien, WA 98146 Project Description: New development of 89 unit mixed -income rental housing Financing Sources: Funding source Proposed Amount Status SKHHP $1,093,308 Applied Land donation $1,750,000 Committed Bank loan $10,390,926 $410,563 4% LIHTC equity $16,523,298 To apply in 2024 Deferred developer fee $2,018,987 $532,882 State Housing Trust Fund $5,000,000 To apply 2023 Amazon grant $5,000,000 Applied King County $4,900,000 Applied Mercy loan fund (developer) $750,000 TOTAL $47,426,519 Development Budget Proposed use Amount Per Unit Land acquisition (donation) $1,750,000 $19,663 Soft costs $5,974,879 $67,134 Construction costs $36,540,135 $410,563 Other development costs $3,161,000 $35,517 TOTAL $47,426,519 $532,882 Page 11 of 11 113 114 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendations CLAIRE GOODWIN SKHHP EXECUTIVE MANAGER (5) Establishing SKHHP and the Housing Capital Fund ■ 2019: SKHHP was formed via an Interlocal Agreement. ■ Eleven member jurisdictions include: ▪ Auburn ° Federal Way ° Renton • Burien ° Kent ° Tukwila ▪ Covington ° Maple Valley ° King County • Des Moines ° Normandy Park ■ 2019: SHB 1406 (RCW 82.14.540) became law allowing jurisdictions to enact a local sales tax for the purpose of affordable housing; sales tax is a recapture of a portion of existing sales tax and does not raise the sales tax ■ 2021: City Council authorized the Interlocal Agreement for the Purpose of Pooling Sales Tax Receipts with SKHHP ▪ Allows for pooling of collected sales tax with SKHHP • Use of City funding requires approval of City Council South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendations February 6, 2023 2 2022 SKHHP Housing Capital Fund ■ The first SKHHP Capital Fund application opened in 2022. ■ Three applications were received, all for projects in Burien. ■ The SKHHP Advisory Board reviewed and made recommendations to the SKHHP Executive Board to fund two of the three projects. ■ The SKHHP Executive Board agreed with the recommendations and is seeking each jurisdiction's approval. South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendations February 6, 2023 3 CO Projects and Recommended Funding 1. Habitat for Humanity Seattle -King and Kittitas Counties: Burien • Homeownership project, Phase 1 construction of 20 three-bedroom townhouses • <50% of Area Median Income (AMI) • $300,000 2. Mercy Housing Northwest: Burien Family Housing • 89 -unit multifamily affordable rental housing development • Mixed income: 0-30%, 30-50%, and up to 60% of AMI • Includes 20% set aside for households with a disability and 40% set aside for households experiencing homelessness • $1,093,308 3. ecoTHRIVE: Burien • Homeownership project with 26 houses • 30-50% of AMI • $0 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendations February 6, 2023 4 Unallocated Proposed Funding Sources CO Jurisdiction Total contributed to SKHHP Housing Capital Fund Habitat for Humanity - Burien Mercy Housing Northwest - Burien Family Housing Burien Des Moines $305,338 $63,257.27 $146,350 $30,319.52 $51,777 $10,726.71 NM Normandy Park Renton Tukwila Total $243,141 $50,371.84 $330,312 $68,431.17 $2,863 $593.13 $337,320 $69,883.02 $30,976 $6,417.34 $1,448,077 $300,000 $230,532.27 $110,495.25 $39,091.99 $183,573.11 $249,387.81 $2,161.58 $11,548.46 $5,535.23 $1,958.30 $9,196.05 $12,493.02 $108.28 $254,678.90 $12,758.08 $23,387.09 $1,093,308 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendations $1,171.57 $54,769 February 6, 2023 5 Thank you CLAIRE GOODWIN SKHHP EXECUTIVE MANAGER C V G O O D W I N@ S K H H P. O R G 6 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes February 6, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Kathy Hougardy, Chair; De'Sean Quinn, Thomas McLeod Staff Present: Derek Speck, Nora Gierloff, Brandon Miles, Nancy Eklund, Rachel Bianchi, Laurel Humphrey Guest: Claire Goodwin, SKHHP Chair Hougardy called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Resolution: South King Housing and Homelessness Partners Capital Fund Allocation Staff is seeking Council approval of a resolution that approves the allocation of $29,804.43 from the City's existing contributions to the South King Housing and Homelessness Partners Housing Capital Fund to finance two affordable housing pro'ects. Item(s) for follow-up: Ensure City Attorney review of project conditions. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. B. Grant Agreement: Comprehensive Plan Staff is seeking Council approval of $62,500 in grant funding from the Washington Department of Commerce to support the Comprehensive Plan update in 2023. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. 11. MISCELLANEOUS Chair Hougardy asked the Committee if they would support a 1St Quarter discussion on the status of multifamily tax exemption efforts. Committee members and staff discussed the factors involved in such a discussion. The Committee requested this be placed on an agenda in March. Staff noted that there is an updated version of the Seawolves lodging tax agreement on the Regular Meeting agenda. Councilmember McLeod will pull the item from the Consent Agenda so that the Council can be directed to the changes. The meeting adjourned at 6:22 p.m. Committee Chair Approval 121 122 COUNCIL AGENDA SYNOPSIS CI- :, 4 Initials ITEM No. O,70 Meeting Date Prepared by Mayor's review Council review *l 0 2/13/23 CA Spec 3.A. \\......., 29os ITEM INFORMATION STAFF SPONSOR: CHRISTOPHER ANDREE ORIGINAL AGENDA DATE: 2/13/23 AGENDA ITEM TITLE King County Metro TDM Agreement 2023-2024 CATEGORY ❑ Discussion Mtg Date II Motion Mtg Date 2/13/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mi Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs 11 DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ P11 SPONSOR'S The Transportation Demand Management (TDM) Program seeks Council approval to accept SUMMARY federal funding from King County Metro in the amount of $225,000 to continue TDM activities in Tukwila and south King County through December 31, 2024. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/6/23 COMMITTEE CHAIR: SHARP RECOMMENDATIONS: SPoNsoR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: KING COUNTY METRO TRANSIT DEPARTMENT Comments: No impact to the general fund. MTG. DATE RECORD OF COUNCIL ACTION 2/13/23 MTG. DATE ATTACHMENTS 2/13/23 Informational Memorandum dated 2/6/23 2023-2024 Tukwila TDM Agreement Minutes from the 2/6 Transportation & Infrastructure Services Committee meeting 123 124 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, AICP, Director Transportation and Infrastructure Committee Nora Gierloff, Department of Community Development Director Christopher Andree, Sustainable Transportation Outreach Coordinator Alison Turner, Sustainable Transportation Program Manager CC: Mayor Ekberg DATE: February 6, 2023 SUBJECT: King County Metro TDM Agreement 2023-2024 ISSUE The Transportation Demand Management (TDM) Program is asking for approval to accept passthrough funding from King County Metro. The funding source is a federal Congestion Mitigation and Air Quality Improvement Program grant. Funding will be used to continue implementation of TDM activities in Tukwila and south King County. BACKGROUND The City of Tukwila TDM Program was previously awarded King County passthrough funding in 2016/17, 2017/19, 2020 and 2021/22. TDM Program staff implemented outreach on behalf of King County Metro to reduce congestion and increase use of sustainable travel alternatives to driving alone. DISCUSSION This new funding will support the continued operation of the City of Tukwila TDM program through December 31, 2024. The TDM Program will work to increase the use of and access to transit and other sustainable modes of transportation in Tukwila and south King County. TDM services will be provided to residents, workers and businesses at employment centers, educational institutions, and multifamily housing sites. Strategies will include community outreach, community-based social marketing, motivational interviewing, education, incentive encouragement, distribution of safety gear, and installation of amenities such as bike racks. FINANCIAL IMPACT There will be no impact to the general fund. RECOMMENDATION Council is being asked to accept passthrough funding from King County Metro in the amount of $225,000 and consider this item on the Consent Agenda at the February 13, 2023, Special Meeting. ATTACHMENTS Attachment A: 2023-2024 Tukwila TDM Agreement.pdf Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 125 126 TRANSPORTATION DEMAND MANAGEMENT AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA THIS TRANSPORTATION DEMAND MANAGEMENT AGREEMENT (the "Agreement") is made and entered into by and between the City of Tukwila, a Washington municipal corporation (the "City") and King County, a political subdivision of the State of Washington (the "County"), through its Metro Transit Department ("Metro"), either of which entity may be referred to hereinafter individually as "Party" or collectively as the "Parties." Whereas, on August 31, 2020 the County was awarded a Congestion Mitigation and Air Quality Improvement program ("CMAQ") grant from the Federal Transit Administration ("FTA") (Award WA -2020-087-00) in the amount of $6,488,278 (the "CMAQ Grant") to help improve air quality in urban areas by financing investments in various transportation demand management ("TDM") activities and transit access improvements that improve traffic flow and support and encourage alternatives to driving alone; and Whereas, the CMAQ Grant will support multi -modal transportation project planning and demonstration programs to reduce drive -alone vehicle travel and increase high occupancy vehicle use to help reduce energy consumption, air pollution and traffic congestion. Limited research and development activities are allowed under the CMAQ Grant but cannot be the primary purpose of the grant -funded work. The County intends to use up to $225,000.00 of the CMAQ Grant funds as a sub -award to the City for work performed in accordance with the terms and conditions of this Agreement and not for research and development purposes as defined by 2 CFR 200.87 Research and Development (R&D): R&D means all research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. "Research" is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. "Development" is the systematic use of knowledge and understanding gained from research directed 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 1 of 35 127 toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes. There will be no indirect costs charged to this award; and Whereas, the City, whose Unique Entity Identifier (UEI) number is UEQNMC26C8T3, and the County provide TDM programs to commuters, students and residents directly or through employers, schools and/or property managers; and Whereas, such TDM programs may include incentives, outreach, promotions, website development and maintenance, materials and services that facilitate travel by public transportation, shared rides, bicycling, walking and teleworking; and Whereas, the City's TDM strategies, including activities conducted through South King County Trips (SKC Trips), have been effective in reducing drive -alone trips in Tukwila and South King County; and Whereas, the City and County have continued to adapt and improve on these TDM strategies by targeting new market segments and adding new travel options for Tukwila area residents and workers; NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein, the Parties agree as follows: 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish a mutually beneficial arrangement between the City and the County that will help both Parties realize their respective TDM objectives. This Agreement also creates a mechanism to allow the County to reimburse the City for actual, direct costs incurred to perform the tasks identified in the Scope of Work ("SOW"), as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference. In consideration of the City's performance of the tasks and responsibilities set forth in the SOW, the County will reimburse the City with available CMAQ Grant funds up to the capped reimbursement amount specified at Section 4 of this Agreement. 2. AGREEMENT TERM AND MODIFICATIONS Upon signature by both Parties, this Agreement shall be effective as of January 1, 2023, and unless earlier terminated, shall remain in effect through December 31, 2024. The period of performance is from January 1, 2023 through December 31, 2024. If mutually agreed, the Agreement and period of performance may be extended by written amendment for up to an additional two (2) years. Exhibits and attachments may be modified at that time as may be mutually agreed by the Parties. Any extension shall be made in writing in accordance with 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 2 of 35 128 Section 14 of the Agreement. The County will extend this Agreement only on the condition that all City accounts with the County are current. 3. CITY'S RESPONSIBILITIES The City shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work identified with particularity in the SOW at Exhibit A to this Agreement. In addition to required tasks, applicable timelines and budget are also identified in Exhibit A. 4. COUNTY'S RESPONSIBILITIES The County will reimburse the City for actual, direct costs incurred to satisfactorily perform the tasks and implement the TDM tasks as provided for in the SOW at Exhibit A to this Agreement. In no event shall the total reimbursement made by the County to the City for work performed pursuant to this Agreement exceed $225,000.00 (the "Reimbursement Cap"). 5. INVOICE AND PAYMENT PROCEDURES The City shall submit completed invoice(s) to the County detailing direct costs, quarterly activities, outcomes and metrics within thirty (30) calendar days following each quarter's end. The County shall pay the City within thirty (30) calendar days after the County has received completed invoices. Indirect costs are not eligible for reimbursement under this Agreement. In no event will the total County payments to the City exceed the Reimbursement Cap specified at Section 4 of this Agreement without the Parties mutually agreeing to amend this Agreement in accordance with Section 14 of the Agreement. 6. FEDERAL REQUIREMENTS A. This Agreement is subject to a financial assistance agreement between the County and the FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures and directives, including but not limited to the following, which are attached hereto or incorporated herein by this reference: 1. 2 CFR Part 200.300 through 2 CFR Part 345, contained in Subpart D, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2- vol 1 /xml/CFR-2015-title2-vol 1.xml#segnum200.300 2. 2 CFR Part 200.400 through 2 CFR Part 200.475, contained in Subpart E, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 3 of 35 129 Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2- vol l /xml/CFR-2015-title2-vol 1.xml#segnum400.1 3. The requirements and obligations imposed on a "Recipient" under the applicable provisions of the FTA Master Agreement. The Master Agreement text is available at: https://www.transit. dot. gov/funding/grantee-resources/sample-fta-agreements/fta-master- agreement-fiscal-year-2020 4. The requirements of FTA Circular 5010.1E Project Administration and Management. Circular 5010.1E text is available at: https://www.transit. dot. gov/regulations-and-guidance/fta-circulars/award-management- requirements-circular-50101 e 5. If the City contracts with a third party to provide all or a portion of the services described in this Agreement, then the City shall comply with FTA Circular 4220.1F. Circular 4220.1F text is available at: https ://www.transit. dot. gov/re gulations-and-guidance/fta-circulars/third-party- contracting-guidance 6. Applicable FTA Third Party Contract Provisions — Standard Terms and Conditions. The text is attached as Exhibit B which, together with Attachments A through E, is incorporated herein by this reference. B. New federal laws, regulations, policies, procedures and directives may be adopted after the date this Agreement is established and may apply to this Agreement. The City agrees to accept and comply with all applicable laws, regulations, policies, procedures and directives as may be amended or promulgated from time to time during the term of this Agreement. C. The City shall not perform any act, fail to perform any act, or refuse to comply with any requests by the County which would cause the County to be in violation of any federal law or FTA requirement. The City's failure to so comply with this Section shall constitute a material breach of this Agreement. D. The County and City acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the County, City, or any other party (whether or not a party to this Agreement or any Agreement awarded pursuant thereto) pertaining to any matter resulting from this Agreement. E. The City agrees to extend application of the federal requirements to its subrecipients or contractors, and their respective subcontractors, by including this Section and the related exhibits and attachments in each contract and subcontract the City awards under this Agreement financed 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 4 of 35 130 in whole or in part with Federal assistance provided by FTA. It is further agreed that this Section shall not be modified, except to change the names of the parties to reflect the subrecipient or contractor which will be subject to its provisions. F. The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801, et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement. Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FTA -assisted project for which this work is being performed. In addition to other penalties that may be applicable, the City further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate. 1. The City also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5323(1)(1) on the City, to the extent the Federal Government deems appropriate. 2. The City agrees to include the language in Section F and Section F(1) above in each contract and subcontract it awards under this Agreement financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the contractor or subcontractor who will be subject to the provisions. G. Certification Regarding Debarment, Suspension and Other Responsibility Matters This Contract is a covered transaction for purposes of 2 CFR part 1200. As such, the City is required to verify that none of the City, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The City is required to comply with 2 CFR 1200, Subpart C and must include the requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it enters into. By signing and submitting this Contract, the City certifies as follows: The certification in this clause is a material representation of fact relied upon by King County. If it is later determined that the City knowingly rendered an erroneous certification, in addition to remedies available to King County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City agrees to comply with the requirements of 2 CFR 1200, Subpart C while this offer is valid and throughout the period of 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 5 of 35 131 any work or service that may arise from this Contract. The City further agrees to include a provision requiring such compliance in its lower tier covered transactions. H. Because the County is sub -granting $25,000 or more of pass-through FTA funds, the County must comply with the reporting requirements of The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act — P.L.109-282., as amended by section 6202(a) of P.L. 110-252). The FFATA prescribes specific data to be reported and the County hereby agrees to report sub -award data into the website www.USASpending.gov via www.fsrs.gov. The City agrees to provide the County with the information required in this paragraph within thirty (30) calendar days from the execution date of this Agreement: a. Location of the City (physical address(es), including congressional district(s)); and b. Place of performance (physical address(es), including congressional district(s)); and c. Unique identifier of the City and its parent (DUNS Number, a unique nine -digit number issued by Dun & Bradstreet (D&B) to a single business entity assigned to each business location in the D&B database having a unique, separate, and distinct operation for the purpose of identifying it); and d. Total compensation and names of top five (5) executives IF BOTH of the following apply: i. More than eighty percent (80%) of the City's gross annual revenues are from the federal government, and those revenues are greater than $25,000,000 annually, and ii. Compensation information is not already available through reporting to the Securities and Exchange Commission. I. The City agrees to provide the County with its Federal Central Contractor Registration number within thirty (30) calendar days of the execution of this Agreement. If it has not already registered, the City agrees to register with the Federal Central Contractor Registration at https://sam.gov/content/home and provide the County with the registration number within thirty (30) calendar days from the execution date of this Agreement. Exceptions may be made on a case-by-case basis upon approval by the County. J. The City agrees to provide the County with a copy of its Title VI implementation plan in accordance with FTA Circular 4702.1B, Chapter III, Section 11. If the City does not have a Title VI plan, the County and the City agree to work together to sufficiently document the City's adoption of the County's Title VI plan, or in the alternative, the City's implementation of its own Title VI plan. K. In accordance with FTA Circular 4702.1B, Chapter II, Section 2, and by signing this Agreement, the City certifies that it will comply with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 6 of 35 132 VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR part 21. 7. DISPUTE RESOLUTION PROCESS 7.1 Designated Dispute Resolution Representatives. The following individuals are the Designated Representatives for the purpose of resolving any disputes that may arise under this Agreement: For the County Carol Cooper Mobility Innovations Managing Director King County Metro Transit 201 South Jackson Street, M/S KSC- TR-0411 Seattle, WA 98104 (206) 477-5871 carol.cooper @kingcounty.gov For the City Vicki Carlsen Finance Director City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1839 Vicky.Carlsen@tukwilawa.gov 7.2 The County representative and the City representative shall confer to resolve disputes that arise under this Agreement as requested by either Party. The designated representatives shall use their best efforts and exercise good faith to resolve such disputes. 7.3 In the event the Designated Representatives are unable to resolve the dispute, the appropriate City Administrator or her/his designee and the General Manager of King County Metro Transit or her/his designee shall confer and exercise good faith to resolve the dispute. 7.4 In the event the City Administrator and the General Manager of King County Metro Transit are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s). 7.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation process, who shall serve as mediator, or the mediation is not successful, then either Party may institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless another venue is mutually agreed to in writing. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 7 of 35 133 7.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless each of the above procedural steps has been exhausted. 8. TERMINATION 8.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party. In the event of termination of this Agreement, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 8.2 Termination for Cause. If either Party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either Party violates any of these terms and conditions, the aggrieved Party will give the other Party written notice of such failure or violation. The responsible Party will be given the opportunity to initiate a correction of the violation or failure within fifteen (15) calendar days. If failure or violation is not corrected within the mutually agreed upon time period, this Agreement may be terminated immediately by written notice of the aggrieved Party to the other. 8.3 Termination for Non -Appropriation or Loss of Grant Funding. This Agreement is contingent upon federal grant funding and local legislative appropriations. As such, in addition to termination for default or convenience, the County may terminate this Agreement for non -appropriation or loss of grant funding by giving not less than thirty (30) calendar days' written notice thereof to the City. 9. LEGAL RELATIONS 9.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 9.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or partnership is formed as a result of this Agreement. 9.3 Independent Capacity. The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 9.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 9.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 8 of 35 134 all cases, be construed according to its fair meaning and not strictly for or against either Party. 9.6 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 9.7 Compliance with Applicable Laws. The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and agree to require the same of any subcontractors providing services or performing any work using funds provided under this Agreement. 10. FORCE MAJEURE Either Party to this Agreement shall be excused from performance of its responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. 11. INDEMNIFICATION Both Parties shall protect, defend, indemnify and save harmless each other, their officers, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from either Party's negligent acts or omissions in performing their obligations under this Agreement. The Parties agree that they are fully responsible for the acts and omissions of their own contractors, subcontractors, employees, and agents, acting within the scope of their employment as such, as they are for the acts and omissions of its own employees and agents. The Parties agree that their obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of their employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and only to the extent necessary to provide the Parties, their officers, employees, and agents with a full and complete indemnity of claims made by the Parties employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The provisions of this Section 11 shall survive the expiration or earlier termination of this Agreement. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 9 of 35 135 12. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. 13. SEVERABILITY If any provision of this Agreement or any provision of any exhibit or attachment incorporated into the Agreement by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 14. CHANGES AND MODIFICATIONS This Agreement may be changed, modified, or amended only by written agreement executed by authorized representatives of both Parties. 15. REPRESENTATION ON AUTHORITY OF SIGNATORIES The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 16. ALL TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 17. CONTRACT MANAGEMENT The contact persons for the management of this Agreement (the "Contract Managers") are identified and their contact information is provided herein and may be updated by either Party for their agency only and shall be submitted in writing or electronic mail to the other Party. Any update to the Contract Managers' information shall state the effective date of said update. Contract Manager King County City of Tukwila Contact Name Kristine Edens Alison Turner 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 10 of 35 136 Title Transportation Demand Management Lead (TDM Lead) King County Metro Market Innovation Section Sustainable Transportation Program Manager City of Tukwila Address 201 S. Jackson St. M/S KSC-TR-0411 Seattle, WA 98104 6300 Southcenter Blvd #100 Tukwila, WA 98188 Telephone (206) 263-9701 206-433-7142 E -Mail Kredens@kingcounty.gov Alison.turner@tukwilawa.gov The City shall conduct project administration and management to facilitate the effective and efficient progress and completion of the activities identified in Exhibit A (SOW) for the 2023- 2024 period of performance. The City agrees to provide quarterly progress reports and invoices within thirty (30) days from the end of the quarter and any additional grant reporting requirements as requested by the County. The progress reports and invoices shall follow templates provided by the County within 30 days of agreement execution. Additionally, the City shall attend a quarterly TDM Regional Collaboration Meeting facilitated by the County with regional TDM partners. 18. RECORDS RETENTION AND AUDIT 18.1 During the term of this Agreement and for a period of not less than six (6) years from the expiration or earlier termination of the Agreement, or the date of final payment by the County, whichever is later, the City shall keep available for inspection and audit by the County and the federal government the records pertaining to the Agreement and accounting therefore. Copies of all records, documents or other data pertaining to performance of the Agreement will be furnished by the City upon request. If any litigation, claim or audit is commenced related to performance of the Agreement, the records along with supporting documentation shall be retained until all litigation, claims and/or audit findings have been resolved even though such litigation, claim or audit continues past the six-year retention period. 18.2 All Agreement costs must be documented including copies of invoices and time sheets showing hours worked and rates, or financial system expense reports documenting these items. 18.3 The County, the U.S. Department of Transportation, the FTA, the State Auditor, and the Inspector General and any of their duly authorized representatives shall have full access to and right to examine, during normal business hours, all City records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and other matters covered by this Agreement. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 11 of 35 137 18.4 Unless already published and available through the online, accessible audit reporting database at the federal audit clearinghouse, the City shall submit to the County a copy of the City's A-133 Single Audit report when requested by the County for subrecipient monitoring purposes. 19. EXECUTION OF AGREEMENT This Agreement may be executed in multiple counterparts, any one of which shall be regarded for all purposes as an original. IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized representatives on the dates shown below their respective signatures. KING COUNTY CITY OF TUKWILA By: By: Terry White Allan Ekberg General Manager Mayor King County Metro City of Tukwila Date: Date: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 12 of 35 138 EXHIBIT A SCOPE OF WORK Transportation Demand Management Agreement with King County Metro Period of Performance January 1, 2023 — December 31, 2024 Description Funding will support the continued operation of the City of Tukwila transportation demand management program from January 2023 through December 2024. The City will provide TDM services for travelers with an origin or destination in the cities of Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac through an extension of their Regional Mobility Grant (RMG) program and the City's TDM program. The program scope of work described below includes cost estimates for the summarized activities. The program's efforts toward investing TDM resources where needs are greatest include programming and services to residents, workers, and students, especially newcomers to South King County. The Program will promote sustainable transportation alternatives to driving alone to improve access to mobility and reduce traffic congestion. The Program will support transportation users by identifying solutions to barriers and addressing the specific needs of community members. Strategies will include community outreach, community-based social marketing, motivational interviewing, education, incentive encouragement, distribution of safety gear, and installation of amenities such as bike racks. Programming will help build trust in public transportation by demystifying the system. Background Continuing the successful partnership between the City of Tukwila and King County Metro, The City of Tukwila's TDM Program will build partnerships and conduct community outreach at activity centers in Tukwila and South King County including: • Tukwila Village and Tukwila International Boulevard District; • The Southcenter Mall area; • Sea -Tac Airport; • Educational institutions such as the Tukwila School District, Renton Technical College, Highline College, and Green River College; and • Multifamily housing developments. The TDM Program will work in partnership with transit agencies, nonprofits, employers, and community organizations to reach priority populations through trusted channels. Priority populations include historically marginalized communities; Black, indigenous, and people of color; people with lower incomes; immigrants and refugees; English language learners; youth; and seniors. There will be a focus on partnering with agencies that support immigrants and refugees. Additionally, the Program will prioritize outreach to individuals who are likely to try a new mode such as people who have recently moved, are starting a new job, or are going to school. As described below, the Program will: • Promote sustainable transportation options including transit, active transportation, telework, carpool, vanpool, and first/last mile or innovative mobility services 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 13 of 35 139 • Provide rewards and incentives to remove barriers to and encourage use of sustainable transportation options (note: the Program will use alternative sources of funding to purchase incentives such as ORCA cards) • Work to improve people's perceptions of these options • Inform residents, workers and students of transit service news and engagement opportunities, such as RapidRide I line outreach, upcoming Federal Way Link extension, first/last-mile and flexible services, and work to increase ORCA card usage • Explore options for siting amenities such as bike lockers, bike racks, bike repair stations, wayfinding signage, etc. • Educate employers on commute benefit strategies and programs Work Plan with Cost Breakdown Funds will be used in 2023 and 2024 under the City of Tukwila TDM program for the following activities. Deliverables 1. Develop marketing materials such as website, surveys, flyers, and newsletters. 2. Outreach to community groups, individuals, employers, property managers, and other targeted groups of corridor users to promote use of sustainable transportation options. 3. Administration of rewards program. 4. Provide consultations and/or transportation trainings to interested organizations and employers. 5. Analysis of rewards program survey data to calculate VT and VMT reduced. 6. Submit progress reports, metrics, and invoices that include labor hours and receipts for reimbursable expenses, at least quarterly. City of Tukwila 2023-2024 TDM Program Budget The City of Tukwila TDM Program budget for 2023 to 2024 is laid out below. Funding sources include the state TDM Allocation (CTR Program), state Regional Mobility Grant (RMG), and a federal Congestion Mitigation and Air Quality Improvement Program Grant (CMAQ). In addition, the City provides work space, phone, and other resources for TDM staff. Program Areas 2023-2024 Budget CTR RMG CMAQ KCM CTR Program • $74,204 100.0% 0.0% 0.0% 0.0% Program administration $261,000 0.0% 15.3% 59.8% 24.9% Outreach and education $231,000 0.0% 24.2% 64.9% 10.8% Communications and marketing $175,000 0.0% 28.6% 28.6% 42.9% Partnerships and professional services $129,000 0.0% 42.6% 49.6% 7.8% Incentives $75,000 0.0% 100.0% 0.0% 0.0% Small grant program $140,000 0.0% 42.9% 21.4% 35.7% Total Program Budget $1,085,204 $74,204 $336,000 $450,000 $225,000 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 14 of 35 140 EXHIBIT B FEDERAL TRANSIT ADMINISTRATION (FTA) THIRD PARTY CONTRACT REQUIREMENTS This Contract will be partially funded by the Federal Transit Administration (FTA). The following provisions include, in part, certain standard terms and conditions required by the U.S. Department of Transportation. All contractual provisions required by the U.S. Department of Transportation, as set forth in FTA Circular 4220.1F, as revised, dated March 18, 2013, as are the requirements of the Master Agreement between King County ("the County") and the U.S. Department of Transportation, including all "flow down" provisions to third party Contractors and Subcontractors are hereby incorporated by reference. Unless stated otherwise, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any County requests that would cause the County to be in violation of the FTA terms and conditions. 1-1 Disadvantaged Business Enterprise (DBE) Participation A. Nondiscrimination 49 CFR part 26. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of United States Department of Transportation assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). B. DBE Program. The DBE requirements of 49 CFR Part 26 apply to this Contract. King County has determined that no DBE goal will be established for this Contract. However, the County requires that the Contractor report any actual DBE participation on this Contract to enable the County to accurately monitor DBE program compliance. C. Efforts to Increase DBE Participation. Even though this Contract has no DBE goal, the County still encourages Contractors to pursue opportunities for DBE participation. To that end, Contractors are encouraged to: 1. Advertise opportunities for subcontractors and suppliers ("subcontractors") in a manner reasonably designed to provide DBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by DBE firms and may be done through general advertisements (e.g., newspapers, journals, etc.) or by soliciting proposals directly from DBEs. 2. Effectively use the services of available minority/women community organizations, Contractors' groups, local, state, and Federal minority/women business assistance offices; Disadvantaged Business Enterprise and other organizations as allowed on a 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 15 of 35 141 case-by-case basis to provide assistance in the recruitment and placement of DBEs and other small businesses. 5. Establish delivery schedules, where requirements of the contract allow and encourage participation by DBEs and other small businesses. 6. Achieve DBE attainment through joint ventures. 7. Solicit through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices) DBE and other small businesses that have the capability to perform the Work of the Contract. 8. Select portions of the Work to be performed by Subcontractors to increase the likelihood that DBE and other small businesses' goals will be achieved. 9. Provide interested Subcontractors with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. 10. Negotiate in good faith with interested DBEs and other small businesses. 11. Avoid rejecting DBEs and other small businesses as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non -solicitation of bids in the Contractor's efforts to obtain DBE and other small business participation. 12. Make efforts to assist interested DBEs and other small businesses in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. 13. Make efforts to assist interested DBEs and other small businesses in obtaining necessary equipment, supplies, materials, or related assistance or services. D. DBE Listing. A current list of DBE firms accepted as certified by the Washington State Office of Minority and Women's Business Enterprises (OMWBE) is available from that office at (360) 753-9693. For purposes of this Contract, a DBE firm must be certified by OMWBE as of the date of contract award. E. Procedure Applicable when DBEs Are Utilized. Concurrent with the use of any DBE subcontractor or supplier the Contractor shall provide notice of such use in writing to the King County Office of Business Development and Contract Compliance (BDCC). Upon receipt of said notice, BDCC shall provide the Contractor with the applicable procedures for counting DBE participation. Assistance with this Section is available from BDCC at (206) 263-9717. Notice referenced herein should be delivered to the following address: King County Department of Finance 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 16 of 35 142 Office of Business Relations and Economic Development 401 Fifth Avenue, Suite 350 MS CNK -ES -0350 Seattle, WA 98104 Phone: (206) 263-9717 Fax: (206) 205-0840 F. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than thirty (30) days after the contractor's receipt of payment for that work from the County. In addition, the contractor may not hold retainage from its subcontractors, but may require the purchase of a retainage bond by the subcontractor. G. The Contractor must promptly notify the County whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the County. 1-2 Federal Changes Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the County and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 1-3 No Federal Government Obligations to Third Parties The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Contractor or any other party (whether or not a party to this Contract) pertaining to any matter resulting from this Contract. The Contractor agrees to include the above clause in each subcontract fmanced in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 1-4 Civil Rights The following requirements shall apply to this Contract and all third -party contracts: (A) Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, U.S. Department of Justice "Guidelines for enforcement of Title VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, "Nondiscrimination in Federally -Assisted 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 17 of 35 143 Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR part 21, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any person on the basis of race, color, religion, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (B) Equal Employment Opportunity. The following equal employment opportunity requirements apply to the underlying contract: (1) Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, section 503 of the Rehabilitation Act of 1973, as amended 29 U.S.C. §793 and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, age, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (2) Sex. In accordance with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. Sections 1681 et seq. and implementing Federal regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR Part 25, and FTA Circular 4220.1F Chapter IV, Section 2(a)(5)(b), the Contractor agrees to refrain from discrimination against present and prospective employees on the basis of their sex. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) Age. In accordance with The "Age Discrimination Act of 1974, as amended, 42 U.S.C. Sections 6101 et seq., and Department of Health and Human Services implementing regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance, 45 CFR Part 90, and section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 18 of 35 144 (4) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq., the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.' (C) Information and Reports. The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or the FTA to be pertinent to ascertain compliance with such regulations, orders and instructions. The Contractor shall maintain all required records for at least three (3) years after the County makes final payment and all other pending matters are closed. Where any information is required and it is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County or the FTA, as appropriate, and shall set forth efforts made to obtain the information. (D) Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the County shall impose such contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or, 2. Cancellation, termination or suspension of the Contract, in whole or in part. (E) Incorporation of Provisions. The Contractor shall include the provisions of paragraphs A through E of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the County or the FTA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interests of the County, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 1-5 Labor Provisions — Non -Construction Contracts (For Contracts in excess of $100,000) The Contractor agrees to comply, and assures the compliance by each subcontractor or subconsultant at any tier with any applicable employee protection requirements for non - construction employees of Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. Sections 3701-3702 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. These include but are not limited to the following: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 19 of 35 145 A. Overtime Requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1.5) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. (29 CFR § 5.5(b)(1)) B. Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in paragraph A of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of paragraph A of this section in the sum of ten ($10) dollars for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty (40) hours without payment of the overtime wages required by paragraph A of this section. (29 CFR § 5.5(b)(2)) C. Withholding for Unpaid Wages and Liquidated Damages The Department of Transportation or the County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other federal contract with the same prime Contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph B of this section. (29 CFR § 5.5(b)(3)) D. Payrolls and Basic Records The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying or transcription by authorized representatives of the Department of Transportation and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (29 CFR § 5.5(c)) 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 20 of 35 146 E. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through E of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through E of this section. (29 CFR § 5.5(b)(4)). The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than thirty (30) days after the contractor's receipt of payment for that work from the County. In addition, the contractor may not hold retainage from its subcontractors, but may require the purchase of a retainage bond by the subcontractor. 1-6 Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. flag air carriers for U. S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 1-7 Audit and Inspection of Records Access to Records. The following access to records requirements apply to this Contract: A. Where the FTA Recipient or a subgrantee of a FTA Recipient ("Purchaser") is the County, the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions in accordance with 2 C.F.R. 200.336. Contractor also agrees to provide the County and the FTA Administrator or his or her authorized representatives including any PMO Contractor, pursuant to 49 C.F.R. 633.17, access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his or her authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 21 of 35 147 acquisition threshold currently set at $100,000 (49 CFR Part 633.5). C. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. E. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. F. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. G. FTA does not require the inclusion of these requirements in subcontracts. 1-8 FTA Protest Procedures Bidders are hereby notified that if this Contract is funded in whole or in part by the Federal Department of Transportation, the FTA may entertain a protest that alleges that the County failed to have or follow written protest procedures. Bidders must file a protest with the FTA not later than five (5) working days after the County renders a final decision or five (5) working days after the Bidder knows or has reason to know that the County has failed to render a final decision. The protesting party must notify the County if it has filed a protest with the FTA. After five (5) days, the County will confirm with FTA that FTA has not received a protest. Protests to the FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated). The County will not award a contract for five (5) working days following its decision on a Bid protest or while a protest to the FTA is pending unless the County determines that: (1) the items to be procured are urgently required; (2) delivery of performance will be unduly delayed by failure to make the award promptly; or (3) failure to make prompt award will otherwise cause undue harm to the County or the Federal Government. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 22 of 35 148 1-9 Privacy Should the Contractor, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the recipient and any contractors, third party contractors, subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this contract will make this contract subject to termination. The Contractor agrees to include this clause in all subcontracts awarded under this Contract, which involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. 1-10 Certification Regarding Debarment, Suspension and Other Responsibility Matters Pursuant to Executive Order 12549 and 12689, "Debarment and Suspension," 31 USC § 6101 note and federal regulations in 2 CFR Part 180.300 and 2 CFR Part 1200, entities and individuals who are debarred or suspended by the federal government are excluded from obtaining federal assistance funds under this contract. To assure that such entities and individuals are not involved as participants on this FTA-fmanced contract, if the contract exceeds $25,000, each Bidder shall complete and submit, as part of its Bid, the certification contained in Attachment A for itself, its principals and its subcontractor(s) for any subcontract in excess of $25,000. The inability of a Bidder to provide a certification in Attachment A will not necessarily result in denial of consideration for contract award. A Bidder that is unable to provide a certification must submit a complete explanation attached to the certification form. Failure to submit a certification or explanation shall disqualify the Bidder from participation under this Bid. The County, in conjunction with FTA, will consider the certification or explanation in determining contract award. No contract will be awarded to a potential third -party contractor submitting a conditioned debarment or suspension certification, unless approved by the FTA. The certification is a material representation of fact upon which reliance is placed in determination of award of contract. If at any time the Bidder or Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, it shall immediately provide written notice to the County. If it is later determined that the Bidder knowingly rendered an erroneous certification or failed to notify the County immediately of circumstances that made the original certification no longer valid, the County may disqualify the Bidder. If it is later determined that the Contractor knowingly rendered an erroneous certification or failed to notify the County immediately of circumstances which made the original certification no longer valid, the County may terminate the contract, in addition to other remedies available including FTA suspension and/or debarment. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 23 of 35 149 1-11 Subcontractors' Certification Regarding Debarment, Suspension or Ineligibility By submitting a Bid for this Contract, the Bidder agrees that should it be awarded the Contract, it shall not knowingly enter into any subcontract exceeding $25,000 with an entity or person who is debarred, suspended, or who has been declared ineligible from obtaining federal assistance funds; and shall require each subcontractor to complete the certification provided in Attachment B. Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall not knowingly enter into any lower tier subcontract with a person or entity who is debarred, suspended or declared ineligible from obtaining federal assistance funds, and a provision requiring each lower - tiered subcontractor to provide the certification set forth in Attachment B. The Contractor shall require each subcontractor, regardless of tier, to immediately provide written notice to the Contractor if at any time the subcontractor learns that its, or a lower -tier certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor may rely upon the certifications of the subcontractors unless it knows that a certification is erroneous. The Contractor's knowledge and information regarding any subcontractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business. 1-12 Disclosure of Lobbying Activities Bids in excess of $100,000 require Attachment C, "Certification Regarding Lobbying," and Attachment D, "Disclosure of Lobbying Activities" (if appropriate), be completed and submitted to the County with the proposal, in accordance with the instructions contained in Attachment F to this Agreement, as required by 49 CFR Part 20, "New Restrictions on Lobbying." The Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by the Byrd Anti -Lobbying Amendment, 31 USC § 1352. The Contractor shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to the County. The Contractor will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. 1-13 False or Fraudulent Statements or Claims (A) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this contract. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 24 of 35 150 statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (B) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (C) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1-14 Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq. The Contractor agrees to include this clause in all subcontracts awarded under this Contract. 1-15 Environmental Requirements The Contractor agrees to comply with all applicable standards, orders or requirements as follows: A. Environmental Protection The Contractor agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note; FTA statutory requirements on environmental matters at 49 USC § 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500 et seq.; and joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622. B. Air Quality The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401, et seq. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 25 of 35 151 turn, report each violation as required to assure notification to FTA and the appropriate U.S. Environmental Protection Agency (EPA) Regional Office. The Contractor agrees to include this clause in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. C. Clean Water The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §§ 1251 et seq. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency (EPA) Regional Office. The Contractor agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 USC §§ 300h et seq. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. D. Use of Public Lands The Contractor agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance as determined by the federal, state or local officials having jurisdiction thereof, or any land from a historic site of national, state, or local significance may be used for work performed under this contract unless the FTA makes the specific findings required by 49 USC § 303. E. Historic Preservation The Contractor agrees to assist the Federal Government in complying with section 106 of the National Historic Preservation Act, as amended, 16 USC § 470f, Executive Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 USC § 470 note, and the Archaeological and Historic Preservation Act of 1974, as amended, 16 USC §§ 469a-1 et seq. involving historic and archaeological preservation as follows: 1. The Contractor agrees to consult with the State Historic Preservation Officer about investigations to identify properties and resources listed in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, in accordance with Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 CFR Part 800, and notifying FTA of those properties so affected. 2. The Contractor agrees to comply with all federal requirements to avoid or mitigate adverse effects on those historic properties. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 26 of 35 152 F. Mitigation of Adverse Environmental Effects The Contractor agrees that if the Project should cause adverse environmental effects, the Contractor will take all reasonable steps to minimize those effects in accordance with 49 USC § 5324(b), and all other applicable federal laws and regulations, specifically, the procedures of 23 CFR Part 771 and 49 CFR Part 622. 1-16 Termination Provisions Required All contracts and subcontracts in excess of $10,000 shall contain contractual provisions or conditions that allow for termination for cause and convenience by the County including the manner by which it will be effected and the basis for settlement. (Required by FTA Circular 4220.1F, Page IV -13). 1-17 Breach Provisions Required All contracts in excess of $100,000 shall contain contractual provisions or conditions that will allow for administrative, contractual, or legal remedies in instances where the Contractor violates or breaches the terms of this Contract, including sanctions and penalties as may be appropriate. The Contractor agrees to include this provisional requirement in all subcontracts in excess of $100,000 awarded under this Contract. (Required by FTA Circular 4220.1F, Page IV -13). 1-18 Incorporation of FTA Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by the U.S. Department of Transportation, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any County requests that would cause the County to be in violation of the FTA terms and conditions. 1-19 Sensitive Security Information The Contractor shall protect, and take measures to ensure that its subcontractors at each tier, protect "sensitive security information" made available during the administration of a third party contract or subcontract to ensure compliance with 49 U.S.C. 40119 (b) and implementing DOT regulations, "Protection of Sensitive Security Information," 49 CFR Part 15, and with 49 U.S.C. § 114 (r) and implementing Department of Homeland Security Regulations, "Protection of Sensitive Security Information," 49 CFR Part 1520. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 27 of 35 153 1-20 Seatbelt Use Contractor shall adopt and promote on-the-job seatbelt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles in compliance with Federal Executive Order No. 13043, "Increasing Seatbelt Use in the United States," April 16, 1997, 23 U.S.C. § 402 note. This provision shall be included in each third party subcontract involving the work performed under this contract. 1-21 Texting While Driving and Distracted Driving Contractor shall promote policies and initiatives for its employees and other personnel that adopt and promote safety policies to decrease crashes by distracted drivers, including policies to ban text messaging while driving consistent with Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C. § 402 note, and DOT Order 3902.10, "Text Messaging While Driving," December 30, 2009. This provision shall be included in each third party subcontract involving this project. 1-22 Use of $1 Coins The Contractor and the County agree to comply with Section 104 of the Presidential $1 Coin Act of 2005, 31 U.S.C. Section 5312(p), FTA assisted property that requires the use of coins or currency in public transportation service or supporting service must be fully capable of accepting and dispensing $1 coins. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 28 of 35 154 ATTACHMENT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTIONS Federal Transit Administration (FTA) The prospective Primary Participant (potential contractor for a major third -party contract), certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and 4. Have not within a three (3) year period preceding this Bid had one or more public transactions (federal, state or local) terminated for cause or default. [If the primary participant (applicant for an FTA grant, or cooperative agreement or potential third -party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.] THE PRIMARY PARTICIPANT (POTENTIAL CONTRACTOR FOR A MAJOR THIRD -PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS 3801, ET SEQ., ARE APPLICABLE THERETO. Name of Firm: Authorized Signature: Printed Name: Title: Date: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 29 of 35 155 ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER -TIER COVERED TRANSACTIONS (This Attachment may be completed and submitted to the Buyer after award of Contract.) The Lower -Tier Participant (potential sub -grantee or sub -recipient under a Federal Transit Administration (FTA) project, potential third -party contractor, or potential subcontractor under a major third -party contract), certifies, by submission of this Bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The Lower -Tier Participant will not knowingly enter into any lower -tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective Lower -Tier Participant agrees by submitting this proposal that it will include this requirement in all lower -tier covered transactions and in all solicitations for lower -tier covered transactions. If the Lower -Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential third -party contractor, or potential subcontractor under a major third party contract) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Bid. THE LOWER -TIER PARTICIPANT (POTENTIAL SUB -GRANTEE OR SUB -AGREEMENT UNDER AN FTA PROJECT, POTENTIAL THIRD -PARTY CONTRACTOR, OR POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD -PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE PROVISIONS OF 31 USC §§ 3801, ET SEQ., ARE APPLICABLE THERETO. Name of Firm: Authorized Signature: Printed Name: Title: Date: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 30 of 35 156 ATTACHMENT C CERTIFICATE OF LOBBYING ACTIVITIES The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. (2) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee or a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," to the contract administrator. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by § 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Name of Firm: Authorized Signature: Printed Name: Title: Date: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 31 of 35 157 ATTACHMENT D DISCLOSURE FORM TO REPORT LOBBYING DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S. C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: ❑ a. contract ❑ b. grant ❑ c. cooperative agreement ❑ d. loan ❑ e. loan guarantee ❑ f. loan insurance 2. Status of Federal Action: 0 a. bid/offer/application 0 b. initial award 0 c. post -award 3. Report Type: 0 a. initial filing 0 b. material change For material change only: year quarter Date of last report: 4. Name and Address of Reporting Entity: ❑ Prime 0 Subawardee Tier , if known: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Entity (If individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a) (Last name, First name, MI): 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): ❑ a. retainer 0 b. one-time fee 0 c. commission 0 d. contingent fee 0 e. deferred ❑ f. other; specify: 12. Form of Payment (check all that apply): ❑ a. cash ❑ b. in kind; specify: nature value 14. Brief Description of Services Performed or to be Performed and date(s) of service, including officer(s), employee(s), or member(s) contacted, for payment indicated in Item 11: (Attach Continuation Sheet(s) SF -LLL -A, if necessary) 15. Continuation Sheet(s) SF -LLL -A attached): 0 Yes 0 No 16. Information requested through this form is authorized by title 31 USC § 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 USC § 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Signature: Print Name: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 32 of 35 158 less than $10,000 and not more than $100,000 for each such failure. Title: Telephone No: Date: 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 33 of 35 159 ATTACHMENT E INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of a covered federal action, or a material change to a previous filing to title 31 USC § 1352. The filing of a form is required for each payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with a covered federal action. Use the SF -LLL -A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subaward of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at lease one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identified in item 1 - (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 34 of 35 160 number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the federal agency, enter the federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered federal action. (b) Enter the full name, of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the amount of box(es). Check all boxes that apply. If payment is made through in- kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with federal officials. Identify the federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not an SF -LLL -A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. 2023-2024 Transportation Demand Management Agreement Between King County and the City of Tukwila Page 35 of 35 161 162 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes February 6, 2023 5:30 p. m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: David Cline, Hari Ponnekanti, Griffin Lerner, Chris Andree, Josh Hartley, Seong Kim, Bryan Still, Cody Lee Gray, Cyndy Knighton, Adib Altallal, Mike Perfetti, Joshua Hopkins Chair Sharp called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Transportation Demand Management Program Staff is seeking Council approval of a federal Congestion Mitigation and Air Quality Improvement Program (pass through from King County Metro) in the amount of $225,000 to continue the TDM Program through 2024. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. B. Grant Application: Strander Boulevard Extension Phase 3 Staff presented granting agency feedback on the unsuccessful 2022 RAISE grant application, as well as our Federal lobbyist's recommendation to apply for the 2024 funding opportunity for the Allentown Truck Reroute project. Committee Recommendation Discussion only. C. Grant Application: Nelsen Salmon Habitat Side Channel Staff is seeking Committee approval to apply for $200,000 from the King County Conservation Futures grant program to fund acquisition costs of the Nelson Family Trust property for the Nelsen Side Channel Project. Committee Recommendation Unanimous approval. D. Grant Application: Nelsen Salmon Habitat Side Channel Staff is seeking Committee approval to apply for $700,000 from the King County 2023 Cooperative Watershed Management grant program for additional acquisition and design costs for the Project. 163 164 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 02/13/23 JR ITEM INFORMATION ITEM NO. Spec 3.B. 165 STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 02/13/23 AGENDA ITEM TITLE Public Seattle Works Fleet and Facilities Building City Light Temporary Construction Permit Renewal CATEGORY ❑ Discussion Mtg Date Motion Date 02/13/23 ❑ 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 Council approved the initial rental agreement at the January 27, 2020, Consent Agenda. SUMMARY Council is being asked to approve the renewal of the Seattle City Light (SCL) temporary construction permit for the use of SCL's fee -owned transmission line corridor property located at the Fleet and Facilities Building for January 1, 2023, through December 31, 2025, in the amount of $59,781.94. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 02/06/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $59,781.94 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/13/23 MTG. DATE ATTACHMENTS 02/13/23 Informational Memorandum dated 02/03/23 SCL Temporary Construction Permit Agreement Minutes from Transportation and Infrastructure Committee meeting of 02/06/23 165 166 City of Tukwila Aran. Ekberg, Mayor Prlbk Works Department - Harr Parrnekorrtr, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Griffin Lerner, Public Works Analyst CC: Allan Ekberg, Mayor DATE: February 3, 2023 SUBJECT: Public Works Fleet and Facilities Building Project No. 91630601 Seattle City Light Temporary Construction Permit Renewal ISSUE Approve renewal of Seattle City Light (SCL) temporary construction permit for the use of SCL's fee - owned transmission line corridor property located at the Public Works Fleet and Facilities Building. BACKGROUND In 2018, the City purchased the property adjoining the SCL's transmission line corridor. In 2019, we started negotiations with Seattle City Light for the use of the property. Council approved the initial rental agreement at the January 27, 2020, Consent Agenda. Since then, the City has rented the property from SCL. ANALYSIS Seattle City Light is allowing the temporary use of their fee -owned transmission line corridor property beginning on January 1, 2020, and shall continue on a month -month basis until December 31, 2025, or until cancelled by either party. FISCAL IMPACT The temporary construction permit with Seattle City Light has the initial base rent of $19,341.27 for 2023, with a 3% escalation per year through 2025. The total rent cost from 2023 through 2025 is $59,781.94. Annual Rent Costs 2023 $19,341.27 2024 19,921.51 2025 20,519.16 Total $59,781.94 RECOMMENDATION Council is being asked to approve the renewal of the Seattle City Light (SCL) temporary construction permit for the use of SCL's fee -owned transmission line corridor property located at the Fleet and Facilities Building for January 1, 2023, through December 31, 2025, in the amount of $59,781.94 and consider this item on the Consent Agenda at the February 13, 2023, Special Council Meeting. Attachment: SCL Temporary Construction Permit Agreement 167 168 CITY OF SEATTLE - CITY LIGHT DEPARTMENT TEMPORARY CONSTRUCTION PERMIT P.M. #230409-1-403 THIS PERMIT is issued by THE CITY OF SEATTLE, a Washington Municipal Corporation acting through its CITY LIGHT DEPARTMENT ("City"), to CITY OF TUKWILA, a Washington municipal corporation (Permittee"), for temporary• use of a portion of the City's fee -owned transmission line corridor property ("Premises") described as follows: Permitted Area: That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M., described as follows: Beginning at the northeast comer of said Section; thence North 89°18'51" West, along the north line of said Section, 150.50 feet to the TRUE POINT OF BEGINNING; thence continuing North 89°18'51" West, along said north line, 64.43 feet; thence southeasterly,: in a straight line, to a point on the east line of said Section which is South 1°45'39" West, 138.62 feet from the northeast corner of said Section and is the intersection of the east line of said Section with the southwesterly line of the City of Seattle Transmission line right-of- way; thence northwesterly, in a straight line, to the true point of beginning. TERMS AND CONDITIONS 1. Use. Permittee.'s temporary use of the Premises shall be as follows: Access, parking and the right to fence. 2. Term. The term of this Permit shallbegin on January 1, 2023 and shall continue on a month-to-month basis until December 31, 2025, or until cancelled by either party as provided in Section 23 herein, whichever occurs first. The term may be extended bymutual written agreement of the Parties through amendment to this Permit. 3. Rent. The Permittee agrees to pay the following fees for its temporary use of the Premises as above stated: a. Initial Base Rent. The initial base rent for the Premises shall be Seventeen Thousand Seven Hundred Dollars ($19,341.27) per year, payable in advance. b. Base Rent Annual Escalation. The Base Rent for this Permit shall increase 3% per year beginning January 1, 2024, and every January 1st thereafter. Below is the escalated rent for 2024 and 2025. January 1, 2024 - $19,921.51 January 1, 2025 - $20,519.16 c. To assure proper posting of payments, Permittee shall note on its checks "City Light Permit P.M. #230409-1-403 and include the payment stub from the invoice. d. Permittee hereby agrees that, in case of an increase in rent or other fees, all other provisions of this Permit shall remain in full force, changed only by such alterations in amount of rent or other fees and not otherwise. Permittee further agrees to pay the correct amount of total rent due irrespective of any billing statement Permittee may receive from the City. Permittee Initials AE 169 4. Taxes and Other Fees. Permittee shall pay all license, excise and occupation taxes in connection with Permittee's business conducted on the Premises, and all taxes on the Permittee's interest created by this Temporary Permit. 5. Buildings or Structures. No building or structure shall be constructed, placed, or allowed to remain upon the Premises, other than the approved office trailer. No ponds, ditches or open water retention facilities of any kind shall be constructed, created, or allowed to remain on the Premises. 6. Cuts or Fills. Permittee agrees to submit plans furnishing details of any blacktopping, grading,cuts, or fills for approval by the CEO and General Manager of City Light, or his representative, prior to the undertaking of any such blacktopping, grading, cut or fill operation on the Premises. The City reserves the right to prohibit grading or filling on the Premises. 7. Damage to Permittee's Property. Permittee agrees that the City shall not be liable for any damage to Pemtittee's personal property by reason of any construction, alterations, maintenance. or improvements made or performed within the Premises by the City, its agents or representatives. 8. Other Uses. Permittee agrees not to use the Premises for any other purpose whatsoever than as set forth above and agrees that the CEO and General Manager of Seattle City Light shall be the sole judge of any conflict or violation of such use as above stated. 9. Permit for Use of Premises Only. This Permit is for use of the Premises only and shall not be construed to replace or be used in lieu of any permits or licenses which may be required, granted, or supervised by any other subdivisionof government charged with licensing, policing, or supervising the operations of the Permittee. 10. Zoning. Permittee agrees that use of the Premises must be consistent with applicable zoning laws and regulations; where the proposed use is not consistent with said laws and regulations, said use is made conditional upon the Permittee obtaining conditional zoning or a zoning variance if necessary. 11. Property Condition. Permittee agrees to maintain the Premises occupied or used in an orderly, fit and sanitary condition. At the termination of this Permit, Permittee shall restore the Premises to as good a condition or better than that which existed prior to issuance of this Permit. 12. City's Access. The Permittee shall not at any time interfere with the City's access to, over, or through the Premises. 13. Non -Exclusivity. Where this permit is issued for access, it shall not be deemed or held to be an exclusive permit or prohibit City Light from granting other permits of like or other nature, or interfere with the City's use of the Premises, or affect the City's jurisdiction over all or any part thereof. 14. Access Road Maintenance. To avoid damage to Permittee's access road, if any, the City recommends that the Permittee maintain all access roads to American Association of State Highway and Transportation Officials H-93 loading standards (heavy loading). 15. Vehicles, Equipment, Signs. The Permittee agrees to not to allow vehicles or other equipment within five (5) feet of any pole or within ten (10) feet of any tower within the Premises and to maintain at least a 15 -foot vertical clearance from power lines. Permittee further agrees not to place signs or any material or objects whatsoever against any transmission line, tower, or pole. 16. Protection of City Facilities. Permittee agrees to install and maintain protection such as guard posts or ecology blocks for the protection of electrical transmission line poles/towers located on said property in a manner approved by the CEO and General Manager of Seattle City Light or his/her representative. Permittee Initials 170 AE 17. Warning Signs. The City reserves the right to require the Permittee to place signs or other warning devices of hazards if any governmental agency or the City determines such hazards exist. 18. Laws and Regulations. The Permittee agrees to comply with all Federal, State and local electrical safety laws and regulations. 19. Indemnification and Insurance. a) Permittee agrees to indemnify and hold harmless The City of Seattle from all claims, actions or damages of every kind and description, including all claims, actions or damages brought by Permittee's employees, contractors, agents, representatives, tenants, or invitees, which may accrue from or be suffered by reason of Permittee's use of the Premises, the performance of any work in connection with such use, or Permittee's breach of any of its obligations under this Permit. In case of any suit or action brought against the City arising out of or by reason of any of the above causes, Permittee shall, upon notice to Permittee of the commencement of such action, defend the same at no cost or expense to the City, and Permittee will fully satisfy any judgment rendered in said action adversely to the City, except to the extent ofthe negligence or willful misconduct of the City, its agents or representatives. By this indemnity provision, the Permittee expressly waives any immunity its businesses may have from claims by its businesses' employees under any workers' compensation or industrial insurance law arising out of workplace injuries, as defined under RCW 51.24.030, in connection with Permittee's use of the Premises. b. The Permittee shall provide sufficient self-insurance coverage from WCIA. Such insurance shall include "the City of Seattle" as an additional insured for primary and non-contributory limits of liability and shall not canceled unless no less than thirty (30) days prior written notice is provided to the City, except ten (10) days' notice with respect to cancellation for non-payment of premium. Failure to maintain required insurance shall be considered a material breach of contract, subject to the remedies laid out in Paragraph 25 below. The permittee shall send certification of insurance meeting the minimum coverages, limits and terms as specified above to: Seattle City Light, Real Estate Services 700 Fifth Avenue, Room 3325 P.O. Box 34023 Seattle, Washington 98124-4023 Such certification shall include an actual copy of the policy provision(s) documenting that "The City of Seattle" is an additional insured for primary and non- contributory limits of liability. 20. Inspection. The CEO and General Manager of City Light, or his representatives, shall have the right at all times to inspect said Premises for the purpose of observing the conditions thereof, and the manner of compliance by the Permittee with the terms and conditions of this Permit. 21. Right to Suspend. The CEO and General Manager of City Light shall have the right at all times to suspend any or all operations on the Premises which he deems to be detrimental to the best interest of the City or the public. 22. Hazardous Materials. Permittee covenants and agrees that neither they, nor their employees, contractors, agents, or invitees will store, dump, bury or transfer any hazardous substances, flammable materials, inoperable vehicles, chemicals, oils, fuels, or containers for said substances, chemicals, oils, fuels, etc., on the Premises, and shall comply with all Federal, State and local environmental laws and regulations. Permittee Initials AE 171 23. Cancellation. This Permit may be cancelled at any time upon thirty (30) days written notice by either party to the other party, mailed to the other party's last known address. Permittee will only be responsible for the prorated rent costs for the time permit is in effect. 24, Temporary Nature of Permit. Permittee understands and agrees that Permittee's status under this Permit is only that of temporary licensee, with term permitted temporary use of the Premises limited by the terms of this Permit and the City's need to use the Premises and Permittee also understands and agrees that cancellation or non -renewal of this Permit for any reason whatsoever shall not place any obligation on the City to provide Permittee any alternative rental property or facilities. This Permit vests no permanent property rights in the Permittee and cancellation or non -renewal thereof does not render Permittee a "displaced person" as defined under RCW 8.26.020 or Chapter 20.84 Seattle Municipal Code. 25. Violation of Terms. Should the Permittee violate, breach or fail to keep or perform any covenant, agreement, term. or condition of this Permit, Permittee shall forfeit any and all rights herein Permitted, and the City shall have the right to immediately cancel and terminate said Permit and all of the Permittee's rights hereunder without liability for loss or damage that the Permittee may thereby sustain; and upon termination of this Permit, the Permittee will vacate the e Premises and remove its personal property therefrom. 26. Removal of Personal Property. Permittee shall remove all of its personal propertyy from the Premises on or before the termination date of this Permit. If Permittee fails to remove such personal property on or before the termination of this Permit, the same shall, at the City's option, become a part of the realty and the property of The City of Seattle, or the City may, at its election, remove the same without liability to the Permittee for loss, injury or damage thereto, and the cost of such removal and restoration of said premises to their former condition shall be paid by the Permittee to the City upon demand. 27. Survival. All of the licensing, Permitting, tax and other legal requirements or obligations incurred by the Permittee hereunder shall survive the cancellation or termination date of this Permit. All of the indemnification and hold harmless provisions, as well as the hazardous substance covenant, of this Permit shall survive the cancellation or termination date hereof. 28. Assignment. This Permit is not transferable or assignable, in whole or in part, nor may any portion of the rented premises be sublet, without the express written approval of the CEO and General Manager of City Light, or his representative. This space intentionally left blank; signature page follows. Permittee InitialsAE 172 GRANTED this day of Q G, 4 M R IL , 2022. FOR THE CITY OF SEATTLE CITY LIGHT DEPARTMENT: G� Jaiffewih By: Greg Sr ncewich (Dec 20,2022 12:23 PST) Greg Sancewich Real Estate Manager ACCEPTED this 20th day of December , 2022. PERMITTEE: City of Tukwi la By: Print Name: Allan Ekberg Title: Mayor Permittee Initials AE 173 City of Tukwila Signed Final Audit Report 2022-12-20 Created: 2022-12-20 By: Chad Morrell (chad.morrell@seattle.gov) Status: Signed Transaction ID: CBJCHBCAABAAOeGOxbwkGay9pT171zps_WkocaQgd2Za "City of Tukwila Signed" History t Document created by Chad Morrell (chad.morrell@seattle.gov) 2022-12-20 - 8:21:31 PM GMT- IP address: 156.74.250.13 f Document emailed to Greg Sancewich (Greg.Sancewich@seattle.gov) for signature 2022-12-20 - 8:22:05 PM GMT Email viewed by Greg Sancewich (Greg.Sancewich@seattle.gov) 2022-12-20 - 8:22:49 PM GMT- IP address: 66.170.184.4 Document e -signed by Greg Sancewich (Greg.Sancewich@seattle.gov) Signature Date: 2022-12-20 - 8:23:01 PM GMT - Time Source: server- IP address: 66.170.184.4 Agreement completed. 2022-12-20 - 8:23:01 PM GMT �Setl `�r1il Cltaty Lleght 174 Powered by Adobe Acrobat Sign Transportation & Infrastructure Services Committee Minutes February 6, 2023 Committee Recommendation Unanimous approval. E. Maintenance Agreement Amendment: Green the Green Shoreline Restoration Staff is seeking Council approval of an amendment in the amount of $37,191.00 with At Work! Commercial Enterprises, Inc. for two additional years of maintenance at the NC Machinery and JSH/Southcenter Office Plaza sites. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. F. Grant Application: Green the Green Staff is seeking Committee approval to apply for $50,000 from the King County ReGreen the Green program to fund two years of maintenance at the two sites mentioned above in item E. Committee Recommendation Unanimous approval. G. Design Agreement: Sewer Lift Station 5 Rebuild Staff is seeking Council approval of an agreement with PACE Engineers, Inc. in the amount of $236,801.25 for design of the Sewer Lift Station 5 Retrofit Project. Committee Recommendation Unanimous approval. Forward to February 13, 2023 Special Consent Agenda. H. Temporary Construction Permit Renewal: Fleet and Facilities Building Staff is seeking Council approval to renew Seattle City Light's temporary construction permit *for the use of the fee -owned transmission line corridor property located at the Public Works Fleet and Facilities Building. Committee Recommendation Majority approval. Forward to February 13, 2023 meeting. I. Transportation Element Update Staff provided an overview of the schedule and outreach plan for the Transportation Element of the Comprehensive Plan update. Committee members suggested additional engagement considerations including faith -based organizations, Chamber of Commerce, social media, video creation, and taking advantage of opportunities to combine multiple departments and projects at public events. Committee Recommendation Discussion only. 175 176 UPCOMING MEETINGS AND EVENTS FEBRUARY 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available. FEB 13 MON FEB 14 TUE FEB 15 WED FEB 16 THU FEB 17 FRI FEB 18 SAT ➢ Community Services and Safety Committee 5:30 PMSOUTHSIDE City Hall - Hazelnut Room Hybrid Meeting ➢ Finance and Governance Committee 5:30 PM 6300 Building - Suite 100 Foster Conference Room Hybrid Meeting City➢Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to immediately follow Committee of the Whole Meeting. SEATTLE Alk CHAMBER OF COMMERCE PUBLIC SAFETY ROUNDTABLE VIRTUAL MEETING Join Chamber of Commerce for a quarterly meeting for those who are interested in being more engaged or receiving more information about public safety and crime issues impacting the Southwest King County Business Community. Hear from Police and Fire Chiefs or representatives from Tukwila, SeaTac, Burien, Des Moines and Normandy Park. 7:00 PM Click here to register. Civil Service Commission 5:00 PM 6300 Building Hybrid Meeting Give Blood = Save 3 Lives fit. /moo /ao DONATE BLOOD AND ENTER TO WIN A KITCHENAID MIXER THRU FEB 28 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. 5S Y®1=1 FREE TAX HELP AND GET FORMS Pick up or print tax forms at any library. Get free help filing your taxes in person now through April 20 at Westfield Southcenter Mall. Click here for more information. FEB 20 MON FEB 21 TUE FEB 22 WED FEB 23 THU FEB 24 FRI FEB 25 SAT ** * HAPPY PRESIDENT'S - ➢Arts Commission 6:00 PM Tukwila Community Center Hybrid Meeting ➢Planning Commission 6:30 PM City Hall Council Chambers Hybrid Meeting SEA ILE Ak SOUTHSIDE CHAMBER OF COMMERCE FREE TECHNICAL ASSISTANCE OPEN HOUSE FOR BUSINESS OWNERS Want to start a business? Want to grow your existing business? Need consultation? 10:00 AM - 2:00 PM Burien City Hall Community Room, 1.' Floor 400 SW 152ntl St Click here for more information and to register. . NAL BLV. Action Committee' TUKWILA INTERNATIONAL BOULEVARD ACTION COMMITTEE TRASH DAY For more information, call Sharon Mann at 206-200-3616. a3/ /� G`' i '''9 CLASSICS CONCERT Feb 25 - 7:30 PM Feb 26 - 3:00 PM Foster Performing Arts Center Click here to buy tickets. iikr. KING COUNTY u e R A R r • SYSTEM FREE TAX HELP AND GET FORMS Pick up or print tax forms at any library. GetPICK-UP free help filing your taxes in person now through April 20 at Westfield Southcenter Mall. See below for more information. DAY *'4* City offices and Community Center closed. No Council meeting due to the holiday. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM JW'IA� `z SCHOLARSHIP OPPORTUNITY APPLICATIONS ARE DUE ON MAR 31 The City of Tukwila Scholarship Program is accepting applications through March 31 with no exceptions. Click here for more information. ,,, 4- OPEN HOUSE - ALLENTOWN TRUCK REROUTE PROJECT FEB 28 5:30 PM - 7:00 PM TUKWILA COMMUNITY CENTER ...zstie. We invite you to an Open House to learn more about Environmental Impact Statement on this project and provide comment. The formal scoping comment period will be from Feb 14 thru Mar 15. Click here to email your AllentownTruckReRoute@TukwilaWA.gov. Click here for more information. Save tte Date/ RESIDENTIAL COLLECTION EVENT APR 22 FOSTER HIGH SCHOOL Hard to recycle materials can be dropped off at this event. More information to come. POLICE DEPARTMENT IS HIRING! Join our team and write your future chapter with us. Become a part of our Tukwila PD family and our community. We offer a supportive environment including a supportive community, supportive elected officials, supportive command staff and opportunities to train and build your future with us. We are hiring Entry Level and Lateral Officers. Click here for more information. DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM ti VOLUNTEERS - In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. "" DONORS - Please donate at tukwilapantry.org/donate/. SNACK STILL WATERS PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. 1 VOLUNTEERS NEEDED ON WEDNESDAYS, THURSDAYS AND FRIDAYS. Pack snacks every Wednesday at 9:30 AM. '_ To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District.einitz ❑ri ❑ ' ,r .418 Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. LFREE TRANSIT PASS TO ATTEND CONCERT OR SPORTS EVENTS AT CLIMATE PLEDGE ARENA If you're going to an event at Climate Pledge Arena, your event ticket is now a transit pass! King County Metro and other transit agencies are partnering with Climate Pledge Arena to provide free transit to all public events at the arena. Click here for more information. IUngCouy VIA TO TRANSIT Get around town with the click of a button or a phone call. Use Via to Transit for fast and affordable rides to the Tukwila Community Center, Tukwila Light Rail Station, or from these hubs to nearby locations. Like other transit, this service is free for youth. Click here for more information. COVID-19 VACCINATION AB 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 FREE HELP FILING TAXES THRU APR 20 SOUTHCENTER MALL WEST ENTRANCE TUE, WED, THU & SAT 11:00 AM - 7:00 PM Pick up or print tax forms at any library. Get free help filing your taxes in-person or online with AARP or United Way. Click here for more information. ONLINE TECHNOLOGY BASICS CLASSES LIBRA RY $ Y $ T t M Learn about technology basics in online classes. Some classes offered are webmail, tech vocabulary and decluttering your digital legacy. Click here to register. GET CERTIFIED AT YOUR LIBRARY FOR FREE! Take free online classes, practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will need your KCLS library card number and PIN to access some resources. Click here for more information and registration. FREE TECH COURSES & EARN BELLEVUE COLLEGE CREDIT! Take free tech courses from Cisco, and apply for college credit from Bellevue College. The courses are online, self-paced and free. Click here for more information and register to enroll in the tech courses. 177 Tentative Agenda Schedule I MEETING 1 - REGULAR MEETING 2- C.O.W. MEETING 3- REGULAR MEETING 4 - C.O.W. FEBRUARY 6 See below link for the agenda packet to view the agenda items: February 6, 2023 Regular Meeting FEBRUARY 13 See below link for the agenda packet to view the agenda items: February 13, 2023 Committee of the Whole / Special Meeting FEBRUARY 20 FEBRUARY 27 SPECIAL ISSUES - Public Safety Plan Financing Update. - Amendment to Animal Control Or - Revview of 2023 Work Plan. Special Meeting to follow Committee of the Whole meeting. CONSENT AGENDA - 2023-2024 Human Services Contracts: - Authorize the Mayor to sign a contract with Catholic Community Services for the 2023-2024 Emergency Assistance Program, in the amount of $50,000.00. - Authorize the Mayor to sign a contract with Childhaven for the 2023-2024 Continuum of Care Program, in the amount of $70,000.00. - Authorize the Mayor to sign a contract with Children's Therapy Center for 2023-2024 therapeutic services, in the amount of $15,000.00 as Tukwila's share toward total funding in the amount of $142,356.00. - Authorize the Mayor to sign a contract with Multi -Service Center for the 2023-2024 Emergency Assistance Program, in the amount of $94,000.00. - Authorize the Mayor to sign a contract with the Refugee Women's Alliance for 2023-2024 for basic needs, in the amount of $63,000.00. - Authorize the Mayor to sign a contract with the Tukwila Pantry Food Bank for 2023-2024 for food distribution services, in the amount of $80,000.00. ** *** — HAPPY PRESIDENT'S DAY **• Regular Meeting cancelled due to the holiday. MEETING 1 - REGULAR MEETING 2- C.O.W. MEETING 3- REGULAR MEETING 4 - C.O.W. MARCH 6 PRESENTATIONS - An update on the King County Crisis Care Centers Levy. - Tukwila Green Works 2022 Business Recycler of the Year. UNFINISHED BUSINESS - A resolution repealing Resolution #2018 and adopting a revised Fire Permit Fee Schedule. - An ordinance repealing Ordinance #2466 and #2651, as codified in TMC Title 7, "Animals"; reenacting TMC Title 7 to adopt by reference King County Code Title 11. MARCH 13 SPECIAL ISSUES - Public Works Campus Phase 2 Update. - Discussion on the Code, Permit Process and Customer Service to include Council Consensus on a budget amendment for the Department of Community Development. - Capital Facilities Financing. MARCH 20 PRESENTATIONS An update on Still Waters. CONSENT AGENDA - Accept as complete the 2022 Small Drainage Closeout; authorize release of retainage, subject to the standard claim and lien procedures. - Authorize the Mayor to sign a contract for the Landscape Mitigation project. - Authorize the Mayor to sign a grant agreement for the Safe Streets and Roads for All Grant Program for a road safety plan in the amount of $200,000.00 (local match of $50,000.00). - Approve an application for Lodging Tax Funds for Starfire Sports for $110,000.00. MARCH 27 SPECIAL ISSUES Public Works Phase 2 Design contract. 178