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Home My WebLink AboutReg 2024-09-16 COMPLETE AGENDA PACKETMonday, wqs Tukwila City ❖ REGULAR Council Agenda MEETING ❖ .s.NILA o , -4 �K 7 2 Thomas McLeod, Mayor Councilmembers: + De'Sean Quinn + Tosh Sharp Marty Wine, City Administrator ❖ Armen Papyan ❖ Jovita McConnell Mohamed Abdi, Council President ❖ Dennis Martinez ❖ Hannah Hedrick 1906 ON -SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, AccEss CODE: 670077847# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 September 16, 2024; 7:00 PM • Ord #2734 • Res #2101 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish 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 on -site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes 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 both for date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4. APPOINTMENT Confirm the appointment of Aaron BeMiller to the position of Finance Director, effective October 1, 2024. Pg.1 5. CONSENT AGENDA a. Approval of Minutes: 08/19/2024 (Regular Mtg.) b. Approval of Vouchers c. Ordinances amending the Impact Fee Schedules: [Reviewed and forwarded to Consent by the Finance and Governance Committee on 08/26/2024.J (1) An Ordinance amending Ordinance No. 2571 to update the Fire Impact Fee Schedule as codified in Tukwila Municipal Code Chapter 16.26 as figure 16-1, "Fee Schedule"; Repealing Ordinance No. 2708. (2) An Ordinance amending Ordinance No. 2572 to update the Parks Impact Fee Schedule as codified in Tukwila Municipal Code Chapter 16.28 as figure 16-1, "Fee Schedule"; Repealing Ordinance No. 2709. d. Award a bid and authorize the Mayor to sign a contract with Iron Horse, LLC for the 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project, in the amount of $1,339,083.18 (plus contingency). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 08/26/2024.J (continued...) Pg.7 Pg.25 REGULAR MEETING September 16, 2024 Page 2 5. CONSENT AGENDA (cont.) e. Authorize the Mayor to sign a lease agreement with Electronic Business Machines for copiers and printers over a five-year period, in an amount not to exceed $77,000.00. [Reviewed and forwarded to Consent by Finance and Governance Committee on 08/26/2024. J f. Authorize the Mayor to sign a contract with BGC Engineering USA Inc. for a Comprehensive Landslide Assessment Plan, in the amount of $134,500.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 08/26/2024. ] g. Authorize the Mayor to sign a grant agreement with the Washington State Recreation & Conservation Office for the Crystal Springs Park Lighting Replacement Project through the 2025 Local Parks Maintenance Program, in the amount of $76,000.00. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 09/09/2024. h. An Ordinance amending Ordinance Nos. 2612 §2, §3, and §6, 2616 §1, and 2696 §2, as codified in various sections of TMC Chapter 9.53, "Automated Traffic Safety Cameras"; to comply with RCW 46.63.220. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 09/09/2024. Pg.55 Pg.67 Pg.83 Pg.107 6. NEW BUSINESS Preview of the Mayor's Proposed 2025-2026 Biennial Budget Pg.125 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.145 8. MISCELLANEOUS 9. EXECUTIVE SESSION Potential Litigation — Pursuant to RCW 42.30.110(1)(i). (30 minutes) NO action will follow in the open meeting. 10. ADJOURNMENT This agenda is available at (Tukwila Council www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. meetings are audio and video taped. Available at www.tukwilawa.gov) ►- If you are in need of translation or interpretation services at a Council meeting, !.irplease contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant 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 9/16/24 CT ITEM INFORMATION ITEM No. 4 STAFF SPONSOR: THOMAS MCLEOD ORIGINAL AGENDA DATE: AGENDA ITEM TITLE Confirm appointment of Aaron BeMiller to the position of Finance Director CATEGORY ❑ Discussion M tg Date ® Motion Mtg Date 9/16/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other AugtDate SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S Council is being asked to confirm the appointment of Aaron BeMiller to the position of SUMMARY Finance Director, effective October 1, 2024. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: N/A ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 MTG. DATE 9/16/24 ATTACHMENTS Informational Memorandum dated 8/27/2024 Aaron BeMiller Resume 1 2 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Mayor McLeod DATE: September 9, 2024 SUBJECT: Confirmation of Aaron BeMiller as Finance Director ISSUE The Mayor is requesting the confirmation of Aaron BeMiller to the position of Finance Director, effective October 1, 2024. BACKGROUND After a competitive hiring process, including multiple rounds of interviews, I am pleased to appoint to the position of Finance Director, Aaron BeMiller. Pursuant to Tukwila Municipal Code 2.84.020, the appointment requires City Council confirmation. Mr. BeMiller has over 25 years of experience in municipal finance, serving as the finance director for the Cities of Olympia, Shelton, and Kent. He has a Master of Public Administration from Seattle University and did his undergraduate work at Western Washington University. Mr. BeMiller is a highly skilled finance professional with over 25 years of experience with significant experience as a municipal Finance Director. He brings a collaborative management style and will be a great resource in mentoring the City's finance staff. RECOMMENDATION I recommend the appointment of Aaron BeMiller as Finance Director, effective October 1, 2024, be confirmed by Council at the September 16, 2024, Council meeting. ATTACHMENTS Resume 3 4 Aaron BeMiller SUMMARY I am a highly skilled government finance professional with over twenty-five years of experience. I have proven to be an effective communicator and positive change agent, a leader that looks toward collaboration, and an individual with a strong sense of emotional intelligence. I believe in leading by example and bring an open-door management philosophy. I am known for leading teams that excel at customer service and anticipating customer needs, establishing best practices, limiting risk, and finding creative strategies for solving operational issues. CORE STRENGTHS • Written and oral communication • Accountability and integrity • Collaboration and consensus building • Situational and self-awareness • Financial presentations • Champion of workforce DEI • Managing/educating/empowering staff • Long-term planning/forecasting PROFESSIONAL HIGHLIGHTS • Building & motivating highly effective and accountable teams. • Creating award winning Budget and Financial Reporting documents. • Establishing performance metrics for evaluating success. • Successfully guiding organizations through recessions and revenue loss. • Improving fund balances and organizational financial outlook. • Facilitating community meetings designed to create partnerships. • Implementing investment, budget, and accounting best practices. • Building relationships with internal & external customers based on trust. PROFESSIONAL EMPLOYMENT HISTORY Finance Director, City of Olympia, WA (2021 — Present) Charged with rebuilding the culture of the finance department and establishing positive relationships with other city departments through open communication and a culture trust. Facilitate the implementation of a new enterprise financial system with significant changes to current business processes and the established chart of accounts. Other duties include managing the day-to-day operations of the City's full -service finance department including managing the City's annual budget process and administering the adopted budget. Facilitate and participate on cross jurisdictional executive level work teams assigned to address and find solutions to obstacles as they relate to City interests, policy direction, and long-term planning. Prepare short-term, intermediate, and long-range financial forecasts and analyze financial implications related to City business decisions. Manage, develop, educate, and mentor professional staff charged with oversight of and compliance with applicable federal, state, and 5 local rules and regulations. Participate on panel discussions informing and educating on government financial processes, best practices, and effective operations. Present to City elected officials, City staff, and City residents on fiscal conditions and governmental accounting rules. Finance Director, City of Shelton, WA (2019 — 2021) Charged with building trust with city residents, elected officials, and departments after an instance of fraud and a period of high turnover in financial leadership. Managed the day-to-day operations of the City's full -service finance department. Managed the City's annual operating and capital budget development process and administered the adopted budget. Hired, mentored, developed, educated, and managed professional accounting, budgeting, and financial staff in a customer service and teamwork orientated environment. Made formal presentations on fiscal policy and direction including advising elected officials on City financial matters. Implemented and administered the City's investment portfolio including investment strategies and evaluation of performance outcomes. Developed and implemented financial and accounting policies, procedures, and controls in alignment with established best practices. Participated on multi -jurisdictional and multi -professional panel discussions designed to inform and educate on government processes or potential changes in practice. Finance Director, City of Kent, WA (2014 — 2019) Charged with re -imagining the City's finance department, updating current practices, and creating a high -quality and motivated team while partnering with other departments to meet operational goals in a fiscally responsible manner. Managed the day-to-day operations of the City's full -service finance department including managing the City's annual operating and capital budget process and administering the adopted budget. Managed, developed, educated, and mentored professional staff charged with oversight of and compliance with applicable federal, state, and local rules and regulations. Developed and implemented City investment policy and processes designed to maximize safety, liquidity, and yield. Educated and provided training to City elected officials, City staff, and City residents on fiscal conditions and governmental accounting rules. Budget and Finance Director & County Treasurer, Clatsop County, OR (2013 — 2014) Manage the day-to-day operations of the County's Budget and Finance Department including budget, accounts payable and receivable, cash management, payroll, investment strategies, and purchasing. Budget Manager, Pierce County, WA (2007 — 2013) Finance Analyst, Sr. Finance Analyst, Manager 2, City of Seattle/Renton (1998 — 2007) EDUCATION Seattle University Western Washington University Colorado State University - Global Campus Master's of Public Administration Bachelor of Arts Post Graduate Work / Continuing Education June 2003 June 1997 6 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/16/24 DR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 9/16/24 AGENDA ITEM TITLE FY25 Park & Fire Impact Fee Schedule Updates CATEGORY ❑ Discussion Altg Date ❑ Motion Altg Date ❑ Resolution Altg Date ® Ordinance Mfg Date 9/16/24 ❑ Bid Award Mug Date ❑ Public Hearing Mtg Date ❑ Other Altg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ® Pe R ❑ Police ❑ PW SPONSOR'S SUMMARY The Parks and Fire Impact Fee Schedules require annual updates per TMC Sections 16.26 & 16.28. Update of the fee schedules requires passage of an ordinance by the Tukwila City Council. City staff recommend the City Council approve both presented ordinances as written so they may be signed into law by the mayor and the resultant fee adjustments become active on Janaury 1, 2025. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 8/26/24 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation/Finance COMMITTEE Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: FUNDS 301, 304, & 305 Comments: Impact fees support the Park Development, Fire Improvement, & PSP funds MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 MTG. DATE ATTACHMENTS 9/16/24 Informational Memorandum dated 6/25/24 Proposed Ordinance for Fire Impact Fees schedule update Proposed Ordinance for Parks Impact Fees schedule update Full Construction Cost Index Data for Seattle (June 2022 - June 2024) & Calculations Revenue History for Park & Fire Impact Fees (2020 - 2024 YTD) Minutes from the 8/26 Finance & Governance Committee meeting 7 8 TO: City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM Finance & Governance Committee FROM: Tony Cullerton, Interim Finance Director David Rosen, Parks & Recreation Analyst DATE: June 25, 2024 SUBJECT: Fiscal Year 2025 Parks & Fire Impact Fees Updates ISSUE Per TMC 16.26.080 and 16.28.080, the Fire and Park Impact Fee Schedules are to be updated annually with the resultant schedule changes becoming effective January 1 of each year. The last updates were made via Ordinance 2708 for Fire Impact Fees and Ordinance 2709 for Park Impact Fees, approved by City Council in August of 2023, creating the 2024 Fire Impact Fee Schedule in Figure 16-1 "Fee Schedule" as Exhibit B to Ordinance 2708 and the 2024 Parks Impact Fee Schedule in Figure 16-1 "Fee Schedule" as Exhibit B to Ordinance 2709. Staff seeks to update the Fire and Park Impact Fee schedules for 2025 to include revised rate structures reflecting current economic conditions. BACKGROUND Fire and Park Impact Fees are one-time charges assessed against a new development project as a means of helping pay for public facilities that will be needed to address increased demand for services created by the development itself. Fire Impact Fees support the development of facilities related to and the purchase of capital items for fire response services. Park Impact Fees support the acquisition and development of parks, trails, natural areas, and recreation facilities. The developer of a proposed residential or commercial development pays the impact fees at the time a building permit is issued. ANALYSIS Authority to impose these fees is granted via Revised Code of Washington (RCW) as well as the Washington Administrative Code (WAC). While no RCW or WAC exists that imposes any restrictions on or creates any requirements concerning how a city updates its fee schedule, the City has adopted an index to inform the updating of fees. TMC 16.26.080 (1) for Fire Impact Fees and TMC 16.28.080 (1) for Park Impact Fees require the use of the Construction Cost Index for Seattle (June -June) published by the Engineering News Record to calculate annual inflation adjustments in the impact fee rates. The index uses the following components for its calculations: • Seattle price for portland cement • Seattle price for 2X4 lumber • National average price for structural steel • Local union wages plus fringes, for carpenters, bricklayers, and iron workers Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 9 Finance & Governance Committee June 25, 2024 Page 2 The table below reflects the Construction Cost Index (CCI) for Seattle from June 2022 to June 2024. Note: Due to rounding, the proposed fee increase may not be the same in terms of percentage change. Date CCI YoY % Change June 2024 15492.6 1.65 June 2023 15241.7 3.96 June 2022 14661.2 N/A Total Change 2022-2024 831.4 5.67% LEGAL CONSIDERATIONS In April of 2024, the Supreme Court of the United States (SCOTUS) decided on Sheetz v. County of El Dorado, California. Per the Municipal Research and Services Center RSC), this decision will have the effect of requiring the Nollan and Dolan test (Named after SC• cases Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994)) sly to permit conditions. This test requires that permit conditions: 1. Have a nexus to the government's land -use interes d 2. Be roughly proportional to the development's im on the land-u nterest In effect, the Sheetz ruling may require municipalities su the development of impact fees and their scheds, in or the requirements of Nollan and Dolan. City staff discussed the impacts of Shee that the inflationary updates to Park a with Ogden Murphy Wallace that t Washington already have the Nolla muster under these tests shouthey developments concerning t and other concerned en FINANCIAL IMPACT Fire and Park Impact Fees ar- 't „eneral fund revenue source; therefore, passage of these ordinances does not create any • eral fund cashflows. Also, due to impact fees only being earned when development occurs, the impact of approving these ordinances is indeterminate at this time. e prepared to demonstrate their work in successfully argue that said fees meet th th Attorney's Office, who determined at this time pa ees can proceed. It is the opinion of attorneys utes t enable impact fee programs within the State of uilt into them and would therefore likely pass bject to scrutiny. City staff will continue to monitor ongoing n in collaboration with the City Attorney's Office, MRSC, arise. RECOMMENDATION Department staff recommends the Finance & Governance Committee approve the proposed ordinances and forward them to the August 5th, 2024 Regular Council Meeting Consent Agenda for final approval. ATTACHMENTS A --- Proposed Ordinance for Fire Impact Fees (Includes proposed rate schedule) B --- Proposed Ordinance for Park Impact Fees (Includes proposed rate schedule) C --- Construction Cost Index Data (Seattle, WA June 2022 to June 2024) & FY25 Update Calculations D --- Fire & Park Impact Fee Historical Revenue (2015 — 2024 YTD) Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE FIRE IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.26 AS FIGURE 16-1, "FEE SCHEDULE"; REPEALING ORDINANCE NO. 2708; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2571 related to fire impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code ns 16.26.060, 16.26.070, and 16.26.080 provides direction on annual up es to fire i act fees; NOW, THEREFORE, UNCIL OF THE CITY OF TUKWILA, WASHINGTON, HERE = • R SAS FOLLOWS: Section 1. Re - : er. Or• - ncilo. 2708 is hereby repealed in its entirety. Section 2. Fire I hereby amended to upd Schedule," as attached her chedule Amended. Exhibit B to Ordinance No. 2571 is Fire Impact Fee Schedule codified as Figure 16-1, "Fee Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 2024 Legislation: Fire Impact Fees Version: 8/5/24 Staff: D. Rosen Page 1 of 3 11 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force January 1, 2025. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLe d, Mayor APPROVED AS TO FORM BY: Filed i the Clerk: by the Pa : Council: P ishe • ate: Or• ce Number: Office of the City Attorney Attachment: Updated Figure 1. , e Sc dule," for Fire Impact Fees (Exhibit B to Or 12 2024 Legislation: Fire Impact Fees Version: 8/5/24 Staff: D. Rosen Page 2 of 3 Figure 16-1 "Fee Schedule" Exhibit B CITY OF TUKWILA FIRE IMPACT FEE SCHEDULE (2025) RESIDENTIAL — per dwelling unit (a) Single family (d) with fire sprinkler system installed (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail (c) Office (c) Industrial/Manufacturing FIRE Impact Fee $ 2,363 2,402 $ 2,2212,258 $ 2,722 2,767 $ 2,647 2,691 $ 1,033 1,050 $ 221 225 Attached acc ory dwe g units are exempt from impact fees. A structure with ore t two dwelling units. See the more deti nd use descriptions in the Land Use Categories document. 6% discount for single family units with fire sprinkler system installed representing the portion of all incidents that were fire only —as opposed to emergency medical incidents. Per Section 16.26.120.B.9. of the Tukwila Municipal Code, "A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee." 13 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE PARKS IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE"; REPEALING ORDINANCE NO. 2709; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2572 related to parks impact fees on May 7, 2018; and WHEREAS, Tukwila Municipal Code Sections 16.28.060, 16.28.070, and 16.28.080 provides direction on annual up es to park impact fees; NOW, THEREFORE, UNCIL OF THE CITY OF TUKWILA, WASHINGTON, HERE = • R SAS FOLLOWS: Section 1. Re - : er. Or• - ncilo. 2709 is hereby repealed in its entirety. Section 2. Parks is hereby amended to up Schedule," as attached her e Schedule Amended. Exhibit B to Ordinance No. 2572 Parks Impact Fee Schedule codified as Figure 16-1, "Fee Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 2024 Legislation: Parks Impact Fees Version: 8/5/24 Staff: D. Rosen Page 1 of 3 15 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force January 1, 2025. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLe d, Mayor APPROVED AS TO FORM BY: Filed i the Clerk: by the Pa : Council: P ishe • ate: Or• ce Number: Office of the City Attorney Attachment: Updated Figure 1. , e Sc dule," for Parks Impact Fees (Exhibit B to Or 2024 Legislation: Parks Impact Fees Version: 8/5/24 Staff: D. Rosen 16 Page 2 of 3 Figure 16-1 "Fee Schedule" Exhibit B CITY OF TUKWILA PARKS IMPACT FEE SCHEDULE (2025) RESIDENTIAL — per dwelling unit (a) Single family (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (C) Retail (C) Office (d) K-12 Educational Facilities (C) Industrial/Manufact (a) Attached acces (b) A structure with (c) See the more detai (d) 80% discount for K-1 nit . re exempt from impact fees. dwelling units. e descriptions in the Land Use Categories document. ational facilities. PARKS Impact Fee $ 3,773 3,835 $ 3,287 3,341 $ 1,726 1,754 $ 1,555 1,581 $ 312317 $ 863 877 17 EN R Cost Index - Seattle, WA YEAR 2024 June ED 15492.56 111 %CHG 1.6 2024 [ May 1 15495.06 1 3.1 2024 2024 April 15492.56 3.1 March 15477.56 2.5 , 2024 February 15475.06 2.6 2024 January 15311.86 1.2 2023 December 15174.36 0.4 2023 November 15337.56 0.9 2023 October 15335.06 0.9 2023 2023 September 15332.56 0.9 August 15171.86 2.0 2023 July 15174.36 115241.71 15030.95 15031.28 I 3.0 2023i 2023 2023 June i 4.0 May April 2.8 3.7 2023 March 15106.78 4.5 2023 February 15087.53 4.6 2023 January 15132.08 10.3 2023 December 15115.33 10.5 2023 November 15202.68 11.8 2023 2023 2023 October September August 2023 2022 July 15197.93 15202.41 14873.27 14738.6 14661.19 12.0 12.4 10.4 11.2 18 RESIDENTIAL — per dwelling unit (a) Single family (b) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail (C) Office (d) K-12 Educational Facilities (c) Industrial/Manufacturing New CCI — Base CCI % Increase = x 100 Base CCI 2024 2025 PARKS IMPACT FEES $ 3,773 $ 3,287 $ 1,726 $ 1,555 $ 312 $ 863 $ 3,835 $ 3,341 $ 1,754 $ 1,581 $ 317 $ 877 1.64% 1.64% 1.62% 1.67% 1.60% 1.62% 19 RESIDENTIAL — per dwelling unit (a) Single family (b) with fire sprinkler system installed (c) Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) Retail (c) Office (c) Industrial/Manufacturing % Increase = New CCI — Base CCI x 100 Base CCI 2024 2025 FIRE IMPACT FEES $ 2,363 $ 2,221 $ 2,722 $ 2,647 $ 1,033 $ 221 $ 2,402 $ 2,258 $ 2,767 $ 2,691 $ 1,050 $ 225 1.65% 1.67% 1.65% 1.66% 1.65% 1.81% 20 Park Impact Fee Revenue by Year (2020- 2024 YTD) $1.0M $0.8M $0.6M $0.4M $O.2M $0.0M Fire Impact Fee Revenue by Year (2020- 2024 YTD) 1.0M 0.8M 0.6M 0.4M 0.2M 0.0M .42M 0.11 M 2020 2021 2022 2023 2024 YTD 21 22 City of Tukwila City Council Finance & Governance Committee Meeting Minutes August26, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell Staff Present: I. BUSINESS AGENDA Tony Cullerton, Brandon Miles, David Rosen, Mike Marcum A. Ordinance: Park & Fire Impact Fees Staff is seeking approval of an ordinance to update the Fire and Park Impact Fee schedules *for 2025 to include revised rate structures reflecting current economic conditions. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Lease Agreement: City Copiers Staff is seeking approval of a new 60-month equipment lease not to exceed $77,000 for copiers in Finance, City Clerk, Tukwila Community Center, and Public Works. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. C. General Fund Expenditure Report - July 2024 Staff presented the report. Item(s) for follow-up: Provide additional detail regarding animal control billing. Committee Recommendation Discussion only. MISCELLANEOUS The meeting adjourned at 6:04 p.m. DQ Committee Chair Approval 23 24 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 09/16/24 JR ITEM INFORMATION ITEMNo. 5.D. STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 09/ 16/ 24 AGENDA ITEM TITLE 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Construction Bid Award CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date 0 Bid Award 9/16/24 ❑ Public Hearing Mtg Date ❑ Other Meg Date Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police 11PW ❑Court SPONSORS In a continued effort to replace aging sewer mains in Tukwila, a call for bids was advertised SUMMARY for the 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project on June 26, and July 3, 2024. Two bids were opened on July 18, 2024, and the confirmed lowest bidder was Iron Horse LLC. Council is being asked to approve the construction award with Iron Horse LLC in the amount of $1,339,083.18 for the 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project. REVIEWED BY 1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: 08/26/24 COMMITTEE CHAIR: ARMEN ❑ Planning/Economic Dev. ❑ Planning Comm. PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,339,083.18 $1,500,000 $0.00 Fund Source: Comments: 2023 CIP, Page 65 MTG. DATE RECORD OF COUNCIL ACTION 09/16/24 MTG. DATE ATTACHMENTS 09/16/24 Informational Memorandum dated 08/23/24 2023 CIP, Page 65 Iron Horse LLC Bid documents Bid Tabulation Minutes from Transportation and Infrastructure Committee meeting of 08/26/24 25 26 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Adib Altallal, Utilities Engineer CC: Mayor Thomas McLeod DATE: August 23, 2024 SUBJECT: 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project No. 80040201 Construction Bid Award ISSUE Approve construction bid award with Iron Horse LLC for 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project. BACKGROUND The City of Tukwila has thousands of feet of aging sewer mains throughout, but especially in the Central Business District (CBD). The City has been conducting regular inspections and assessments of mains at the CBD for the last 15 years. A typical repair includes digging up the road to create a deep trench where the new sewer main will go. It is costly and typically inconvenient to the public. In certain scenarios, an aging sewer main loses some of its structural integrity, but has not started cracking, sagging, or crumbling. In such cases, we are able to utilize a minimally -disruptive technology where a lining is inserted through a manhole and into the existing sewer main to strengthen it and increase its useful life. The aforementioned trenchless technology minimizes disruptions to the public and greatly reduces the damage to the road. The technology is utilized when possible, but it is not applicable in all scenarios. DISCUSSION A call for bids was advertised for the 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project on June 26, and July 3, 2024. two bids were opened on July 18, 2024, and the confirmed lowest bidder was Iron Horse LLC with a bid of $1,339,083.18. The engineer's estimate was $1,307,633.22. FINANCIAL IMPACT Construction costs associated with the 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B are within the approved budget and will be funded by the sewer enterprise fund. Cost Estimate Contract $1,339,083.18 Contingency — 15% 200,862.48 Total $1,539,945.66 Fund Source 2023-24 Construction Budget Sewer Fund $1,500,000 RECOMMENDATION Council is being asked to approve the construction award with Iron Horse LLC in the amount of $1,339,083.18 for the 2023 Central Business District Sanitary Sewer Rehabilitation Phase 4B Project and consider this item on the Consent Agenda at the September 16, 2024 Regular Meeting. Attachments: 2023 CIP, Page 65 Iron Horse LLC Construction Contract Bid Tabulation 27 28 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Sewer Repair Program Project No. 80040201 DESCRIPTION: Reduce sewer line infiltration and inflow (I & I) through groundwater intrusion or storm events as a result of damaged deteriorating systems or illicit connections. Includes small repairs and capital maintenance. JUSTIFICATION: Decreases treatment, discharge, and pumping costs. STATUS: Annual program is determined after pipeline TV inspection reports are completed. MAINT. IMPACT: Less maintenance costs through rehabilitation of aging system. COMMENT: Ongoing project, only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 15 75 150 150 150 150 150 150 750 1,740 Land (RAN) 0 Const. Mgmt. 10 232 150 200 150 200 150 200 1,200 2,492 Construction 75 1,875 750 750 750 750 500 500 4,500 10,450 TOTAL EXPENSES 100 2,182 1,050 1,100 1,050 1,100 800 850 6,450 14,682 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 100 2,182 1,050 1,100 1,050 1,100 800 850 6,450 14,682 TOTAL SOURCES 100 2,182 1,050 1,100 1,050 1,100 800 850 6,450 14,682 z Project Location: Entire System LA 2023 - 2028 Capital Improvement Program 803-14 65 29 30 Addendum No. 1 July 10, 2024 Page 1 of 4 CITY OF TUKWILA ADDENDUM NO. 1 TO THE PLANS AND SPECIFICATIONS FOR 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION - PHASE 4B TO ALL PLANHOLDERS: You are hereby notified of the following changes, deletions, additions and corrections to the plans, specifications, and other documents comprising the contract documents. The following formatting has been used to note deletions (to the original text) and changes/additions to the Contract Documents. • Deletions are formatted as stricken through (example). • Changes/additions to project manual are formatted as underlined (example). • Chadditions to plans are denoted with a revision clouded and/or triangle I. CALL FOR BIDS a. THE FIRST FOUR PARAGRAPHS CURRENTLY READ: NOTICE IS HEREBY GIVEN that clearly marked, sealed bids shall be received by the City of Tukwila, Washington at the Office of the City Clerk, at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington 98188, up to the hour of 9:30 a.m. on Thursday, July 11. Bids will be opened and publicly read aloud at 10:00 a.m. on that same day, Thursday, July 11, 2024. Bids can be mailed to Tukwila City Hall OR dropped off -person by 9:30 a.m. the day bids are due. Tukwila City Hall is open to the public Mondays through Thursdays, from 8:30 a.m. — 4:00 p.m. Bids may be dropped off at the front counter at the Office of the City Clerk, located inside Tukwila City Hall. It will be the bidder's responsibility to ensure mailed bids are received by the City before the submittal deadline. Proposals received later than the submittal deadline will not be accepted. The City will not be liable for delays in delivery of proposals due to handling by the U.S. Postal Service or any other type of delivery service. Faxed or emailed submittals will not be accepted. The public will be able to hear the bids read aloud, via Microsoft Teams or telephone by dialing (253) 292-9750, Conference I D#: 465116 363# at 10:00 a.m. on Thursday, July 11, 2024 for: 7/10/2024 6:19 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\TUK\21-0296\50 SDB\TUK CBD SEWER PHASE 4B -ADDENDUM 1.DOCX 31 Addendum No. 1 July 10, 2024 Page 2 of 4 2023 CENTRAL BUSINESS DISTRICT (CBD) SANITARY SEWER REHABILITATION — PHASE 4B PROJECT NO. 9140203 The Notice to proceed for this project will be given to the Contractor on a date agreed upon with the District between July 22, 2024 and January 22, 2025. The Work is to be performed within one hundred (100) calendar days once the Contractor has mobilized their cured -in -place lining equipment to the site consists of furnishing all materials, equipment, tools, labor, and other work or items incidental thereto for: IS REVISED TO READ: NOTICE IS HEREBY GIVEN that clearly marked, sealed bids shall be received by the City of Tukwila, Washington at the Office of the City Clerk, at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington 98188, up to the hour of 9:30 a.m. on Thursday, July 18. Bids will be opened and publicly read aloud at 10:00 a.m. on that same day, Thursday, July 18, 2024. Bids can be mailed to Tukwila City Hall OR dropped off -person by 9:30 a.m. the day bids are due. Tukwila City Hall is open to the public Mondays through Thursdays, from 8:30 a.m. — 4:00 p.m. Bids may be dropped off at the front counter at the Office of the City Clerk, located inside Tukwila City Hall. It will be the bidder's responsibility to ensure mailed bids are received by the City before the submittal deadline. Proposals received later than the submittal deadline will not be accepted. The City will not be liable for delays in delivery of proposals due to handling by the U.S. Postal Service or any other type of delivery service. Faxed or emailed submittals will not be accepted. The public will be able to hear the bids read aloud, via Microsoft Teams or telephone by dialing (253) 292-9750, Conference ID#: 465116 363# at 10:00 a.m. on Thursday, July 18, 2024 for: 2023 CENTRAL BUSINESS DISTRICT (CBD) SANITARY SEWER REHABILITATION — PHASE 4B PROJECT NO. 9140203 The Notice to proceed for this project will be given to the Contractor on a date agreed upon with the City between July 29, 2024 and January 29, 2025. The Work is to be performed within one hundred (100) calendar days once the Contractor has mobilized their cured -in -place lining equipment to the site consists of furnishing all materials, equipment, tools, labor, and other work or items incidental thereto for: 7/10/2024 6:19 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\TUK\21-0296\50 SDB\TUK CBD SEWER PHASE 4B -ADDENDUM 1.DOCX 32 Addendum No. 1 July 10, 2024 Page 3 of 4 b. THE CONTACT AT THE BOTTOM OF THE CALL FOR BIDS CURRENTLY READS: Project Manager: Adib.Altallal@tukwila.gov IS REVISED TO READ: Project Manager: Adib.AltallalATukwilaWA.gov II. SPECIAL PROVISIONS a. THE FIRST PARAGRAPH OF SECTION 7-10.2(3) CURRENTLY READS: For UV cured liners, the flexible tube shall be designed as per ASTM F2019, Appendix X1, for each pipe segment with the following additional requirements. For UV cured liners, the finished cured -in -place liner thicknesses shall meet ASTM F2019, and the finished cured -in -place liners shall have the minimum required thicknesses, including the non-structural layers (abrasion layer and outer foil) as shown on the plans. IS REVISED TO READ: For UV cured liners, the flexible tube shall be designed as per ASTM F2019, Appendix X1, for each pipe segment with the following additional requirements. For UV cured liners, the finished cured -in -place liner thicknesses shall meet ASTM F2019, and the finished cured -in -place liners shall have the minimum required thicknesses, including the non-structural layers (abrasion layer and outer foil) as shown on the plans. The minimum required thicknesses may be adjusted if the Contractor can iustifv adjusting the liner thickness based on the flexural modulus and flexural strength of the selected CIPP liner, once the CIPP liner has been approved for use on this project. The flexural modulus and flexural strength of the CIPP liner must be verified by independent third party (hired by the product Manufacturer) test data. 7/10/2024 6:19 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\TUK\21-0296\50 SDB\TUK CBD SEWER PHASE 4B -ADDENDUM 1.DOCX 33 Addendum No. 1 July 10, 2024 Page 4 of 4 Addendum No. 1 is hereby made a part of these contract documents, and its terms and conditions are fully binding on the planholder and contractor. The contractor shall acknowledge receipt of this Addendum No. 1 by signing in the space provided below and attaching to their proposal. RH2 ENGINEERING, INC. By: Kenny Gomez Date: July 10, 2024 Received and acknowledged: Contractor 1'( �Y , Name Title Date C. Y V d MQuvr Malloc��r�q Me �cv\�nv✓ 7 ()Yo`ol7-U-74- 7/10/2024 6:19 AM \\CORP.RH2.COM\DFS\PROJECTS\DATA\TUK\21-0296\50 SDB\TUK CBD SEWER PHASE 48 -ADDENDUM 1.DOCX 34 Information for Bidders 1-4 The work on this Contract is to be performed upon lands whose ownership obligates the Contractor to pay State sales tax on portions of the project work and obligates the Contractor to collect State sales tax from the Contracting Agency on other portions of the project, as follows: 2. The provisions of State Department of Revenue Rule 170 apply to this project, and the Contractor shall collect retail sales tax from the Contracting Agency. Note: sales tax for purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project, shall be included in the bid item prices. 8. Bidding Checklist All bids shall be submitted on the exact forms provided in these Bid Documents, and listed below. Failure to submit any of these forms is grounds for rejection of the bid. The only exception is if the bidder follows the directions for Bids Submitted on Computer Printouts, following the bid proposal forms. Sealed bids for this proposal shall be submitted as specified in the Call for Bids. Each bid must be submitted in a sealed envelope bearing on the outside the name and address of the Bidder, and must be clearly marked with the name and number of the project for which the bid is submitted: BID FOR 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B All bids will remain subject to acceptance for ninety (90) days after the day of the bid opening. a. Proposal — Bidders must bid on all items contained in the Proposal. The omission or deletion of any bid item will be considered nonresponsive and shall be cause for rejection of the bid. b. Bid Security/Bid Bond — Bid Bond is to be executed by the Bidder and the surety company unless bid is accompanied by a cash deposit, certified or cashier's check, or postal money order. The amount of this security/bond shall be not less than five percent (5%) of the total bid, including sales tax, if applicable, and may be shown in dollars. Surety must be authorized to do business in the State of Washington, and must be on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. The Bid Security form included in these Contract Provisions MUST be used; no substitute will be accepted. If an attorney -in -fact signs bond, a certified and effectively dated copy of their Power of Attorney must accompany the bond. The deposit of the successful Bidder will be returned provided Bidder executes the Agreement, furnishes satisfactory Payment and Performance Bond covering the full amount of work, and provides evidence of insurance coverage, within ten (10) days after Notice of Award. Should Bidder fail or refuse to do so, the Bid Deposit or Bond shall be forfeited to the City of Tukwila as liquidated damages for such failure. The Owner reserves the right to retain the security of the three (3) lowest bidders until the successful Bidder has executed the Agreement and furnished the bond. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 35 Information for Bidders 1-5 c. Non -Collusion Affidavit — Must be filled in, signed, and notarized. d. Responsible Bidder Determination Form e. Proposed Equipment and Labor Schedule f. Proposed Subcontractors, if required Regarding forms d, e, and f, the Owner reserves the right to check all statements and to judge the adequacy of the Bidder's qualifications, and to reject Bidder as not responsible based on this information. 9. Contract Checklist The following forms are to be executed by the successful Bidder after the Contract is awarded. The Agreement and Payment and Performance Bond are included in these Bid Documents and should be carefully examined by the Bidder. a. Agreement — Two (2) copies to be executed by the successful Bidder. b. Payment and Performance Bond — Two (2) copies to be executed by the successful Bidder and its surety company. This bond covers successful completion of all work and payment of all laborers, subcontractors, suppliers, etc. The bond continues in effect at ten percent (10%) of the total price bid for one (1) year after final acceptance of the Work. The bond form included in these Bid Documents MUST be used; no substitute will be accepted. If an Attorney -in -fact signs bond, a certified and effectively dated copy of their Power of Attorney must accompany the bond. c. Certificates of Insurance — To be executed by an insurance company acceptable to the Owner, on ACORD Forms. Required coverages are listed in Section 1-07.18 of the Special Provisions (APWA GSP). The Owner and Consulting Engineer retained by Owner shall be named as "Additional Insureds" on the insurance policies. The above Bid and Contract Documents must be executed by the Contractor's President or Vice -President if a corporation, or by a partner if a partnership. In the event another person has been duly authorized to execute contracts, a copy of the resolution or other minutes establishing this authority must be attached to the Proposal and Agreement documents. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 48 Rev. 5-13-14 Proled to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-1 PROPOSAL (unit price) Contractor's Name tV OVA Yam, L LC_ Contractor's State License No. law 53.6 City of Tukwila Project No. 9140203 To the Mayor and City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B, which project includes but is not limited to: Installation of approximately 7,960 linear feet (LF) of ultraviolet -cured (UV) cured -in -place pipe (CIPP) to rehabilitate existing sewer main, and other work necessary to complete the Work as specified and shown in the Contract Documents. The Bidder has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract, Documents. As evidence of good faith, (check one) bid bond or 0 cash, 0 cashier's check, 0 certified check, or 0 postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects within one hundred (100) calendar days from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not Physically Complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 37 Proposal Signature Sheet P-2 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B (UV -cured CIPP Lining) Project No. 9140203 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. Item No. Item Description Quantity Unit Unit Price Amount 1. Mobilization 1 LS 531000 S01000 2. Type B Progress Schedule 1 LS 2. % 0 00 Z ‘ OOO 3. Traffic Control — Off -Duty Uniformed Police Officer 1 LS D t O O l.°t00C7 4. Traffic Control —Temporary Traffic Control and Flagger Labor 1 LS ciO tCJ00 0O ►000 5. Pre -Cleaning Video Inspection 1 LS 551OQO 561000 6. Clean and Prep Sewer Prior to Construction 1 LS 42.tObO 4—ZNbOO 7. Video Inspection Prior to Construction 1 LS 51.-x 000 2,2%000 8. Provide, Install, and Manage Wastewater Bypasses 1 LS (I2 t 00 0 (05 t 060 9. 8-inch Main Line CIPP 4,861 LF (Pal fj14cf) 10. 12-inch Main Line CIPP 2,635 LF 102 2-lA,'4"-O 11. 20-inch Main Line CIPP 421 LF ao0 1,c14-&o0 12. 24-inch Main Line CIPP 45 LF 1000 4S t OcC.) 13. Trenchless Lateral Connection Reinstatement and Packer Injection Grouting 27 EA 1tGj00 4.0150° 14. Trenchless Outside Manhole Drop Connection Reinstatement 2 EA 4'1W6o O tO) 15. Force Account — Minor Changes 1 LS $25,000.00 $25,000.00 Subtotal 10.2% Sales Tax Total Bid (Subtotal w/WSST) $ 11 2-\GJ, 13d1.a0 $ 1?.9J FAA-. 4-. t% $ t('i 91 013.\% 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Prov3d to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Proposal P-3 Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard -copy bid form — Project Name, Schedule Name, column headings — in the order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the Bidder must still execute that portion of the unit price Bid Form which acknowledges the Bid Guaranty, Time of Completion, and all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print-out. (YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the respective estimated quantities sttbn oq Bid fo 1 h-n totaling all 9`f the extended amounts. Signed. Title: Date: By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. 1 2 Date of Receipt ol-I I b l2-t324 Addendum No. 3 4 Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 39 Proposal P-4 The Surety Company which will furnish the required Payment and Performance Bond is Bidder: ame) Itrbv‘ 1�co Signature of Authorized Official: Printed Name and Title: Address: Circle One: Individual partnership of L. (n C oid e, W\c t \re PO 'epmc 14�2 (Address) MCKINVV Ci \ Me .mbPk- Fares yew \ qntZ� State of Incorporation: bV.__ Joint Venture / Corporation Phone No.:.(.6(n) -- OCI M Date: o--I1k_12\2024 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provnd to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-5 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ ). - OR -- Bid Bond: The undersigned, Iron Horse, LLC (Principal), and Liberty Mutual Insurance Company (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five percent of total amount bid and no/100*** dollars ($ 5% ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not less than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B, Project No. 9140203, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 18th day of July , 20 24 Iron Horse, LLC Prin Signature of Authorized Official AAA Title Name anddress of local office of Liberty Mutual Insurance Company Surety „7 �, i1 v. I ' 7 By�';i ��`� I �' Attorney in Fact (Attach Power of Attorn0y) Kristen McGillvrey HUB International Northwest, LLC agent and/or Surety Company: PO Box 10167 Eugene, OR 97440 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 41 Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8211095-969225 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashlee Baumgartner; Tina A. Costa; James R Cox; Erik Finrow; David M. Holland; Summer Hugh; Kristen McGillvrey; Dean R. Pollock all of the city of Eugene state of OR each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of December , 2023 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 13th day of December , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Commonwealth of Pennsylvania - Notary Seal Teresa Paslella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries By: a`/) Ltd& erase Pastella, Notary Public eresa Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of July , 2024 . Renee C. Llewellyn, Assistant Secretary CD o 'C U S S O c •— = c O t0 ill 0dD a0 >--- O •E O 4) Q O O � O C4 aco co 00 c CO 03 m T O o) m off LL LMS-12873 LMIC OCIC WAIC Multi Co 02/21 42 P-6 NON -COLLUSION DECLARATION STATE OFWA&HINCTON ) ) ss. COUNTY OF 14fN ) MulknomXA.\\ The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named 2023 CENTRAL BUSINESS DISTRICT SANITARY SEWER REHABILITATION — PHASE 4B, Project No. 9140203. V t (\ ‘Ict_ U�C� Name of Firm AO/ Suture of Authorized Official Mav\agMc\ M~Qxv\bex Title Signed and sworn to before me on this I I'; day of 202 . Signature of Notary Public in and for the State of Washington, residing at My appointment expires: 1(4141 EAL OFFICIAL STAMP 1 DANIELLE WILLIAMS i NOTARY PUBUC - OREGON r COMMISSION NO. 1042820 MY COMMISSION EXPIRES NOVEMBER 27, 2027 1 To report bid rigging activities call: NOTICE TO ALL BIDDERS 1-800.424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 43 P-7 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: (Yon Address of Bidder: CjSQ \ N. 22--2DY-c;\ kIe .1 \C\Qr Q iry -e_AA) () 1 `1 U2A- City State Zip Code Contractor's License No.112,61\11A-Fc WA State UBI No. (1704-- Moot — C035 Dept. of L&I License Bond Registration No. 02.3Cf 12,.�" Worker's Comp. Acct. No.' Ak Rlo7R--c 9- Bidder is a(n): 0 Individual I"artnership 0 Joint Venture 0 Incorporated in the state of List business names used by Bidder during the past 10 years if different than above: neCA Bidder has been in business continuously from 2bV t Year Bank Reference c7k,k.,N (Y1,\ r1V— -S05h Ma 5 °14`— 0— p►1e73 Bank Account Officer Officer's Phone No. No. of regular full-time employees: Number of projects in the past 10 years completed: I%1-ahead of schedule _ on schedule 2 behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for �'� years. Asa subcontractor for } years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Long with Bidder ?AaAsikm F Ak eke}nexx\ Marragek czk\ov 12-t oS Surdexta-Itteld2X 12Maddel-N 599ekkrkur x�-4 �+ 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Prov4d4d to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Responsible Bidder Determination Form P-8 Name the Surveyor to be used on this Project, who will directly supervise all surveying activities. Attach a resume outlining the experience and qualifications of the Surveyor. Is the Surveyor licensed in the State of Washington (a PLS)? ❑ Yes ❑ No \/ Surveyor's Name: �O ' � \tV 6 ' -�1��5 �1r(� c.1c List all those projects, of similar nature and size, completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. Bidder must have at least 10 years experience working on projects of similar nature and size. Year Contract Protect Name Completed Amount Owner/Reference Name and Phone List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Name of Client and Project Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Ha, Bidder, or any representative or partner thereof, ever failed to complete a contract? fd No ❑ Yes If yes, give details: HAS Bidder ever had any Payment/Performance Bonds called as a result of its work? RI No 0 Yes If yes, please state: Project Name Contracting Party Bond Amount 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 45 Project Name Cure -In -Place Pipe (CIPP) 2020 Location Spokane, WA Owner City of Spokane Owner Contact Dan Buller dbuller@spokanecity.org 625-6391 Year Completed 3/31/2023 6" UV CIPP - LF 8" UV CIPP - LF 4427 9" UV CIPP - LF 10" UV CIPP - LF 1976 12" CIPP - 355; US-12 Orofino to Greer Orofino, ID Idaho Transportation Department Jesse Webb (208)799-4235 8/2/2023 Zone A Sewer Rehab FY21 Nampa, ID City of Nampa Tom Points pointst@cityofnampa.us (208)468-4520 6/9/2023 2421 362 2020 Sewer Relining Program Lynnwood, WA Alderwood Water & Wastewater District Don Ranger dranger@awwd.com (425)741-7964 7/15/2022 14730 3872 1820 Hickory St NE Sewer Main Rehab Salem, OR City of Salem Kyler King kking@cityofsalem.net (503)315-2568 8/28/2020 South 6th Street Lynden, WA City of Lynden Steven Schramm sschramm@jub.com (360)354-3687 2/17/2023 UPRR 24-inch Interceptor Sewer Rehab Project Ph 2 Kennewick, WA City of Kennewick John Cowling john.cowling@ci.kennewick.wa.us (509)585-4301 5/15/2020 UPRR 24-inch Interceptor Sewer Rehab Project Ph 3 Kennewick, WA City of Kennewick Jeremy Lustig jeremy.lustig@ci.kennewick.wa.us (509)585-4413 10/13/2020 2020-14, Goose Hollow Sewer Rehabilitation Portland, OR City of Portland MacKenzie Isom mackenziei@jwfowler.com (503)623-5373 10/31/2022 3654 250 809 SE Gresham Stormwater CIPP Gresham, OR Gresham Department of Environmental Services Chris Chambers chris.chambers@greshamoregon.gov 9/5/2018 34 3239 US101: MP332.3 SB Slide Repair Brookings, OR ODOT cfitzhugh@twcontractors.com (541)469-5341 10/17/2019 PAURSS E11148 to 3 Yamhill- Morrison Portland, OR City of Portland Lacy Dring laceyd@jwfowler.com 7/10/2019 187 46 Responsible Bidder Determination Form P-9 H$ Bidder ever been found guilty of violating any State or Federal employment laws? 7Pi No 0 Yes If yes, give details: Has Bidder ever fir for protection under any provision of the federal bankruptcy laws or state insolvency laws? No 0 Yes If yes, give details: H9.6 any adverse legal judgment been rendered against Bidder in the past 5 years? H No 0 Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other inssrance company for accidents resulting in fatal injury or dismemberment in the past 5 years? Lg No ❑ Yes If yes, please state: Date Type of Iniury Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herei Signature of Bidder Title: MQ,1(\(IVQC\ (VMYY\V-eW Date: t \NQ.12� 2018 Central Business District Sanitary Sewer Rehabilitation Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 47 P-10 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT v(.c. A\AX X 20 )3 - --O2c e cs I ,ui pUu,(.\ 2b1A- - GrlCA� I ►1CAJ1/4 ow c\ FOYC NC\CUrN-V\CSAC 2-Da - 202+7 , tea pW,C\ C U C r kV .C)<-, 20\2- t LZ G-\c5oc 0(.13 R -I-yo,�\--e. 20-w-z4 - ��°`��`ke ow ' Labor to be used: t U C kvu OCJe XCCI�O� \ f(lyeAvviu(1 C u.:Atm o?exQt0v 1CU rr c troy Ie_ c� ame o, = • -'-r /(40 /AO - Signature of Author.zed Official M"\C" "XV1iX 7yt/e 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provj]c8d to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-11 PROPOSED SUBCONTRACTORS Name of Bidder \roY'\ tOYSSQ u� In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder Schedule/Bid Item Numbers % of Name Subcontractor will perform Total Bid Yp\10.C., 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 49 50 City of Tukwila 2023 Central Business District Sanitary Sewer Rehabilitation - Phase 4B Apparent Low Bidder Engineer's Estimate Iron Horse, LLC SAK Construction, LLC Item No. Item Description Quantity Unit Unit Price Total Amount Quantity Unit Unit Price Total Amount Quantity Unit Unit Price Total Amount 1 Mobilization 1 LS $ 107,900 $ 107,900 1 LS $ 80,000 $ 80,000 1 LS $ 75,000 $ 75,000 2 Type B Progress Schedule 1 LS $ 5,800 $ 5,800 1 LS $ 2,000 $ 2,000 1 LS $ 2,500 $ 2,500 3 Traffic Control - Off -Duty Uniformed Police Officer 1 LS $ 24,900 $ 24,900 1 LS $ 36,000 $ 36,000 1 LS $ 27,158 $ 27,158 4 Traffic Control - Temporary Traffic Control and Flagger Labor 1 LS $ 72,000 $ 72,000 1 LS $ 90,000 $ 90,000 1 LS $ 145,000 $ 145,000 5 Pre -Cleaning Video Inspection 1 LS $ 18,400 $ 18,400 1 LS $ 35,000 $ 35,000 1 LS $ 35,000 $ 35,000 6 Clean and Prep Sewer Prior to Construction 1 LS $ 27,500 $ 27,500 1 LS $ 42,000 $ 42,000 1 LS $ 45,000 $ 45,000 7 Video Inspection Prior to Construction 1 LS $ 18,400 $ 18,400 1 LS $ 32,000 $ 32,000 1 LS $ 1,500 $ 1,500 8 Provide, Install, and Manage Wastewater Bypasses 1 LS $ 74,800 $ 74,800 1 LS $ 65,000 $ 65,000 1 LS $ 125,500 $ 125,500 9 8-inch Main Line CIPP 4,861 EA $ 90 $ 437,490 4,861 EA $ 69 $ 335,409 4,861 EA $ 80 $ 388,880 10 12-inch Main Line CIPP 2,635 LS $ 100 $ 263,500 2,635 LS $ 102 $ 268,770 2,635 LS $ 130 $ 342,550 11 20-inch Main Line CIPP 421 LF $ 130 $ 54,730 421 LF $ 260 $ 109,460 421 LF $ 180 $ 75,780 12 24-inch Main Line CIPP 45 LF $ 520 $ 23,400 45 LF $ 1,000 $ 45,000 45 LF $ 690 $ 31,050 13 Trenchless Lateral Connection Reinstatement and Packer Injection Grouting 27 EA $ 1,150 $ 31,050 27 EA $ 1,500 $ 40,500 27 EA $ 1,200 $ 32,400 14 Trenchless Outside Manhole Drop Connection Reinstatement 2 VF $ 870 $ 1,740 2 VF $ 4,500 $ 9,000 2 VF $ 500 $ 1,000 15 Force Account - Minor Changes 1 EA $ 25,000 $ 25,000 1 EA $ 25,000 $ 25,000 1 EA $ 25,000 $ 25,000 Subtotal $ 1,186,610.00 Subtotal $ 1,215,139.00 Subtotal $ 1,353,318.00 Washington State Sales Tax 10.2% $ 121,034.22 Washington State Sales Tax 10.2% $ 123,944.18 Washington State Sales Tax 10.2% $ 138,038.44 Total $ 1,307,644.22 Total $ 1,339,083.18 Total $ 1,491,356.44 52 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes August 26, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Bryan Still, Laurel Humphrey, Sherry Edquid I. BUSINESS AGENDA A. Construction Bid Award: Cured -In -Place Sewer Mains Lining Staff is seeking approval of a bid award with Iron Horse LLC in the amount of $1,339,083.18 for construction of the project. * Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Consultant Agreement: Landslide Risk Assessment and Management Project Phase 1 Staff is seeking approval of an agreement with BCG Engineering in the amount of $134,500.00 to conduct a landslide study. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. The meeting adjourned at 5:42 p.m. AP Committee Chair Approval Minutes by LH 53 54 COUNCIL AGENDA SYNOPSIS nitiais Meeting Date Prepared by Mayor's review Council review 09/16/24 MM ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: MIKE MARCUM ORIGINAL AGENDA DATE: 08/ 16/ 24 AGENDA ITEM TITLE Copier Lease: High -use copiers CATEGORY ❑ Discussion Mt Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date Other Mtg Date 9/16/24 SPONSOR ❑ Council ❑ Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Technology and Innovation Services is seeking approval to implement a new 60-month equipment lease to replace targeted high-impact/high-use copiers to improve equipment reiliability and employee production. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 8/26/24 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Finance and Governance Committee COMMII°IEL Committee consideration; Regular Meeting Consent Agenda approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $77000 AMOUNT BUDGETED $77000 Fund Source: EXISTING DEPARTMENT -SPECIFIC COPIER LEASE BUDGETS Comments: APPROPRIATION REQUIRED $ MTG. DATE RECORD OF COUNCIL ACTION 09/16/24 MTG. DATE ATTACHMENTS 09/16/24 Informational Memorandum Sales Order Recommendations 8/26 FIN Minutes 55 56 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Joel Bush, CTO BY: Mike Marcum, Technical Operations Supervisor CC: Mayor McLeod DATE: 8/16/24 SUBJECT: Copier Lease: High -use copiers ISSUE Consideration of funding to refinance high -use copiers in key locations across the city. BACKGROUND In 2017 we entered a five-year lease for copiers across the city. In 2022 rather than enter a new five-year lease we opted to refinance the same copiers for an additional three -years, believing the equipment had more longevity due to the lack of use during covid. Technology and innovation Services is now seeking Council approval to enact a new lease that targets specific copiers with the largest impact. Analysis In 2024 there has been rise in maintenance requests on high-use/high-impact copiers throughout the city, which has impacted employee productivity and efficiency. New copiers will address all work -related impacts, increasing equipment reliability and employee productivity. FINANCIAL IMPACT The contract being proposed is for a new five-year lease replacing the copiers listed below, absorbing the remainder of the existing lease into the total, with a new total not to exceed $77,000 w/tax over the five-year term. 1- Finance Department 2- City Clerks 3- Tukwila Community Center 4- Public Works Engineering All pricing is based upon the Omnia State Contract #R191102 RECOMMENDATION Technology and Innovation Services is seeking approval to implement a new 60-month equipment lease. The Finance & Governance Committee is being asked to consider the equipment lease at the August 26, 2024 Finance Committee meeting, and forward to the Regular Meeting Consent Agenda on September 16th, 2024 ATTACHMENTS Informational Memorandum Sales Order 57 58 fELECTRONIC Customer Order BUSINESS MACHINES 802 134th ST SW, Suite 170, Everett, WA 98204 Phone: 425-742-2244 Fax: 425-743-3117 Sales Rep Glenn Frazier PO # 0 Ship To Bill To City of Tukwila Address 6300 Southcenter Blvd Address Suite Suite City Tukwila City State WA State Zip 98188 Zip Phone (206) 433-1800 Phone Fax Fax Meter Read Contact Mike Marcum A/R Contact Meter Read Email Mike.Marcum(alTukwilaWA.gov A/R Email Decision Maker Decision Maker Decision Maker Email Decision Maker Email Lease Months = Monthly Lease Payment —_ Lease Rate Lease Type 60 0.02037 FMV QTY Product # Description _ Serial Number Unit Price Total Price 1 1102XN2US0 Kyocera 8353ci — 80 B&W 70 Color ppm ASCC Clerks $350.75 per month 1 1102XN2US0 Kyocera 8353ci — 80 B&W 70 Color ppm Finance $350.75 per month 1 1102YN2US0 Kyocera 6054ci — 60 B&W 60 Color ppm PW Engineering $241.72 per month 1 1102YN2US0 Kyocera 5054ci — 50 B&W 50 Color ppm PRTCC $208.95 per month Pricing per month also includes the following equipment buyouts Kyocera 8052 ASCC Clerks $4,844.31 Kyocera 8052 Finance $4,844.31 Kyocera 6052 PW Engineeering $3,068.20 Kyocera 5052 PRTCC $2,685.79 All pricing is in accordance with Omnia State Contract # R191102 Price includes Delivery, Setup, Netorking and Training Also includes shipping all of the old equipment back to the lease company at No Charge to the city Please see attached sheets for equipment breakdown Subtotal Sales Tax Amount Due $ 1,152.17 Delivery Date Comments/Special Instructions Delivery Time Delivery Instructions $ 117.52 $ 1,269.69 Customer acknowledges by its signature that it has read and understands it and that it constitutes the entire Electronic Business Machines, with respect to hardware, supply, media, or documentation furnished or parties including all oral or written proposals. By executing this agreement, I acknowledge that I have of customer. In the case of this being a demo. You are allotted 1,000 B&W and 1,000 Color copies. Overages fee if paying for equipment by credit card. ustomer Acceptance agreement, understandings, and representations, express or implied, between customer and to be furnished hereunder and that this agreement supersedes all prior communications between the read and understand this agreement and certify that I am authorized to execute this agreement on behalf will be charged at .03 for B&W and .15 for color. There will be a 3% credit card processing Electronic Business Machines Acceptance Authorized Signature 8/9/2024 Manager's Signature 8/9/2024 Printed Name Title Date Printed Name Title Date 59 Confidential Proposal between City of Tukwila & EBM RECOMMENDATION FOR ASCC Clerks QTY DESCRIPTION 1 Kyocera 8353ci — 80 B&W 70 Color ppm 1 ESP Surge Protector 20 Amp 1 PinPoint 3 Scan 1 Keyboard Holder 10 Keyboard Tray Kit 1 USB Keyboard 1 DF-7110 4,000 Sheet Finisher (65 Sheet Staple) 1 PF-7120 3,000 Sheet Large Capacity Side Tray - Letter 1 PH-7A Punch Unit for DF-7110 / DF-7130 Lease Payment Lease Months Lease Type $252.07 60 FMV B&W Color Cost Per Page ost Per Pag $0.0065 $.019 - $.039 -$ .069 Buyout Lease Rate Lease Payment Total Payment $4,844.31 $.02037 $98.68 $350.75 I 6u Confidential Proposal between City of Tukwila & EBM RECOMMENDATION FOR FINANCE QTY DESCRIPTION 1 Kyocera 8353ci — 80 B&W 70 Color ppm 1 ESP Surge Protector 20 Amp 1 PinPoint 3 Scan 1 Keyboard Holder 10 Keyboard Tray Kit 1 USB Keyboard 1 DF-7110 4,000 Sheet Finisher (65 Sheet Staple) 1 PF-7120 3,000 Sheet Large Capacity Side Tray - Letter 1 PH-7A Punch Unit for DF-7110 / DF-7130 Lease Payment Lease Months Lease Type $252.07 60 FMV B&W Color Cost Per Page ost Per Pag $0.0065 $.019 - $.039 -$ .069 Buyout Lease Rate Lease Payment Total Payment $4,844.31 $.02037 $98.68 $350.75 Confidential Proposal between City of Tukwila & EBM RECOMMENDATION FOR PW ENGINEERING QTY DESCRIPTION 1 Kyocera TASKalfa 6054ci A3 Color MFP 60ppm B&W/Color 1 DF-7120 - 1,000 Sheet Finisher/Stapler 1 DP-7160 - 320 Sheet Single Pass Document Feeder 1 ESP Surge Protector 15 Amp 1 Keyboard Tray Kit 1 PF-7150 - Dual 1,500 Sheet Trays 1 PH-7A - Punch Unit for DF-7120 / DF-7140 1 UG-37 Speed License Upgrade to 50ppm 1 USB Keyboard 89 Key 1 PinPoint 3 Scan Lease Payment Lease Months Lease Type $179.23 60 FMV B&W Cost Per Page Color Cost Per Page $0.0085 $.019 - $.039 -$ .069 Buyout Lease Rate Lease Payment Total Payment $3,068.20 $.02037 $62.50 $241.72 I 6z Confidential Proposal between City of Tukwila & EBM RECOMMENDATION FOR PRTCC QTY DESCRIPTION 1 Kyocera TASKalfa 5054ci A3 Color MFP 50ppm B&W/Color 1 DF-7120 - 1,000 Sheet Finisher/Stapler 1 DP-7160 - 320 Sheet Single Pass Document Feeder 1 ESP Surge Protector 15 Amp 1 Keyboard Tray Kit 1 PF-7150 - Dual 1,500 Sheet Trays 1 PH-7A - Punch Unit for DF-7120 / DF-7140 1 UG-37 Speed License Upgrade to 50ppm 1 USB Keyboard 89 Key 1 PinPoint 3 Scan Lease Payment Lease Months Lease Type $154.24 60 FMV B&W Cost Per Page Color Cost Per Page $0.0088 $.019 - $.039 -$ .069 Buyout Lease Rate Lease Payment Total Payment $2,685.79 $.02037 $54.70 $208.95 I 64 City of Tukwila City Council Finance & Governance Committee Meeting Minutes August26, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell Staff Present: I. BUSINESS AGENDA Tony Cullerton, Brandon Miles, David Rosen, Mike Marcum A. Ordinance: Park & Fire Impact Fees Staff is seeking approval of an ordinance to update the Fire and Park Impact Fee schedules for 2025 to include revised rate structures reflecting current economic conditions. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Lease Agreement: City Copiers Staff is seeking approval of a new 60-month equipment lease not to exceed $77,000 for copiers *in Finance, City Clerk, Tukwila Community Center, and Public Works. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. C. General Fund Expenditure Report - July 2024 Staff presented the report. Item(s) for follow-up: Provide additional detail regarding animal control billing. Committee Recommendation Discussion only. MISCELLANEOUS The meeting adjourned at 6:04 p.m. DQ Committee Chair Approval 65 66 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 09/16/24 JR ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: SHERRY EDQUID ORIGINAL AGENDA DATE: 09/ 16/ 24 AGENDA ITEM TITLE Landslide Risk Assessment and Management Project Phase I Consultant Services CATEGORY ❑ Discussion Mtg Date a Motion Date 9/16/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Meg Date Mtg SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑Pe.,R ❑Police 11PW 0 Court SPONSOR'S SUMMARY In 2023, the city received a FEMA's - Cooperating Technical Partners (CTP) grant to fund a landslide study. BGC Engineering will provide a report that be used by the City in ways to avoid, minimize and/or mitigate future landslide hazards. Council is being asked to approve the Consultant Agreement with BGC Engineering in the amount of $134,500.00. Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance ❑ LTAC ❑ Arts Comm. ❑ Parks DATE: 08/26/24 COMMITTEE Comm. Comm ❑ Planning/Economic Dev. REVIEWED BY ❑ Planning Comm. CHAIR: ARMEN PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $134,500.00 $0.00 $0.00 Fund Source: FEMA CTP GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/16/24 MTG. DATE ATTACHMENTS 09/16/24 Informational Memorandum dated 08/23/24 Draft Scope Consultant Contract Minutes from Transportation and Infrastructure Committee meeting of 08/26/24 67 68 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Pete Mayer, Interim Public Works Director BY: Sherry Edquid, Levee and Floodplain Project Manager CC: Mayor Thomas McLeod DATE: August 23, 2024 SUBJECT: Landslide Risk Assessment and Management Project Phase I Project No. Consultant Services ISSUE Request to execute a Consultant Agreement for services with BGC Engineering to conduct a landslide study. This work is being done in conjunction with DCD. BACKGROUND In 2023, the city received a FEMA's - Cooperating Technical Partners (CTP) grant to fund a landslide study. BGC Engineering will be identifying and understanding landslide hazards with the overall goal of reducing property damage and life loss. ANALYSIS BGC Engineering will provide a report that investigates existing and historical landslide information including forestry health and location of critical infrastructure within these areas. The information will then be summarized into a report which will includes GIS maps and recommendations. Additional studies and field work could occur in phase II should grant funding become available. This information can be used by the City in ways to avoid, minimize and/or mitigate future landslide hazards. FISCAL IMPACT BGC Engineering has provided a cost not to exceed $134,500.00 to perform the attached scope of work. This contract will be entirely funded by a FEMA CTP grant the city received which has no cost share. RECOMMENDATION Council is being asked to approve the Consultant Agreement with BGC Engineering in the amount of $134,500.00 and consider this item on the Consent Agenda at the September 16, 2024 Regular Meeting. Attachment: Draft Scope 69 70 City of Tukwila Comprehensive Landslide Assessment Plan - a citywide assessment of landslide hazard and urban forestry health Table A-1. Summary of Proposed Scope of Work and Estimated Cost esponsib irm Deliverables Estimated Cost - scriptio *refer to proposal dated June 28, 2024 for detailed descriptions of each 8GC task and the attached Revised Approach dated August 12, 2024 for DRG 1 BGC Data Compilation Compile relevant and available public data related to geology and geologic hazard maps, imagery, land use, and reasonably accessible/available consultant reports. Compile reasonably accessible/available built environment information (sources: City of Tukwila and other asset and landowners). Interviews with Tukwila staff to communicate relevant historical knowledge of the area, including known landslide events and histories, ground disturbance activities, mitigations, areas with drainage or groundwater seepage issues, and other relevant site context information. Provide supporting information for Tasks 3 and 5. Relevant and available data layers will be compiled in Cambio. $10,500 2 BGC LCD Analysis & Data Deliver y LCD analysis for the City of Tukwila to include two LCD comparisons with full -city coverage using datasets from 2005, 2011, 2016, and 2021 Data delivery in Cambio (a web -enabled earth science data platform). LCD analysis results delivered in Cambio for review and interrogation by BGC for this analysis and by Tukwila staff. Custom configuration of Cambio workspace. $15,000 Cambio subscription for 1-year with access for up to 10 users. 1-year Cambio subscription. $5,500 3 BGC Landslide Assessment Review and analysis of data compiled in Task 1 and 2. Landslide inventory validation and additions, as needed. Landslide susceptibility map. Assessment of above with consideration for critical facilities and infrastructure, with the results of the urban forest health assessment (Task 4) integrated as appropriate. Landslide inventory and susceptibility maps in Cambio, or other format as requested by Tukwila. $24,000 4 DRG Urban Forest Health Assessment 4.1 Forest cover type mapping to include GIS-based Urban Tree Canopy Assessment (UTC) and delineation of Management Units (MU's) polygons with unique designations. 4.2 Field assessment, data collection, and ground proofing to include: - ground validation by ISA-certified arborists. - consideration for common urban forestry metrics. Delineation of Management Units (MU's) polygons. Results presented in the final report. Relevant data layers and results of this task will be delivered in Cambio (as decided upon by the project team). Cost includes 10% markup. $44,000 5 BGC & DRG Reporting & Final Delivery Final report and data delivery. Will include collaboration between BGC & DRG. Draft and final report summarizing methods, findings, and recommendations for prioritization for areas of further study and potential mitigation. Data delivery in Cambio, with access for Tukwila staff, to include results of Task 1, 2, 3, and 4. $23,000 6 BGC & DRG Milestone Meetings & Project Management Project management, maintaining communication between relevant parties, communicating project progress to Tukwila, maintaining schedule and budget, and planning and facilitating milestone meetings throughout the project (4 estimated meetings, varying from 1 to 2 hours in length). - Kick-off mtg. - Check -in mtg after Task 1 and 4.1. - Review mtg to discuss preliminary findings and draft report. - Final delivery mtg. Project management and meetings. $12,500 Total Estimated Cost: $134,500 72 DAVEYt Resource Group 08/12/2024 REVISED APPROACH -Tukwila 2024 DRG will complete a remotely sensed forest health assessment and inventory of forest cover types as well as ground - proofing inspections of priority areas as directed by the City of Tukwila. Priority areas identified with increased risk of slope failure and poor forest health will be field inspected. The data DRG collects can be used for long-range forest health management, prioritizing funding and forest enhancement efforts, and possibly informing slope stability assessments. Task 4.1: Forest Cover Type Mapping: After the kickoff meeting, DRG's GIS team will conduct an Urban Tree Canopy Assessment (UTC) to map forest cover types. This cost-effective and accurate analysis of tree canopy and forest composition (deciduous vs conifer forest) will be performed in the project area using remotely sensed and semi -automated feature extraction methods. DRG will use these results, GIS aerial imagery, LiDAR, and boundary data to delineate park/open space areas into Management Units (MU's) polygons. DRG will utilize elevation and contour data to process and record the aspect and slope for each MU. We will then assign each MU polygon one of the following land cover designations: Foresteth > 25% of the area Ls covered by forest canopy • Natural: Natural vegetation that has < 25% forest canopy cover • Open Water: Open water without woody vegetation • Hardscape: Impervious surface • Landscape: Landscaped or has been mechanically maintained within the last year Once these attributes have been established, DRG will run three years of vegetation health indices using multispectral imagery to determine foliar conditions. These indices will be clipped to the canopy layer to understand tree health conditions and how they have changed over time. Through this distinction by implementing statistical procedures, DRG will identify locations of canopy health that change due to seasonal variances or if they are actual health declines. Areas of moderate or major decline will be further inspected using field assessments by arborists. Additional information provided in Task 4.2. Ecosystem benefit data for air pollution, carbon storage and sequestration, and avoided runoff will also be calculated to determine the value of forests and any potential threat of potential loss to future canopy. COST FOR TASK 4.1: $29,884 73 DAVEYt Resource Group Task 4.2: Field Assessment/Data Collection/Ground Proofing After the forest cover mapping is completed, DRG will deploy ISA-certified arborists to supplement the information about the MUs in priority areas identified through remotely sensed data. Ownership of these management units may be public property parcels, private property parcels, or a combination of both. Ownership will have specific implications for slope stability risk management. Where MU's have private property, the team may need to consider visual evaluations or seek permission to trespass. DRG will consult with the City of Tukwila to finalize field data solutions. The team will work with City of Tukwila staff to evaluate the vegetation conditions in priority areas with steep slopes, active landslide activity, poor forest health, and/or low canopy. The results of DRG's fieldwork effort will provide the City with a vegetation management strategy for risk mitigation. Field staff will collect information about the management units using a customized approach adapted from FLAT. This could include the identification of hazardous trees, quantifying invasive vegetation, and quantifying tree sapling recruiting. The customizations are intended to provide the City with actionable risk mitigation tactics. COST FOR TASK 4.2 Preferred budget: $10,000 Applicable rates: $150 per hour (ISA Certified Arborist Consulting) $125 per hour (IT support and Customizations) 74 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 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 BGC Engineering USA Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform a citywide assessment of landslide hazard and urban forestry health services in connection with the project titled City of Tukwila Comprehensive Landslide Assessment Plan. 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. The Consultant agrees to perform the services consistent with ordinarily exercised by other qualified consultants in the p comparable circumstances. The Consultant makes guarantee concerning the services. 3. Duration of Agreement; Time for Performanc, effect fora period commencing upon execution terminated under the provisions hereinafter spe commence upon written notice by the Ci the Co perform all services and provide all work than September 30, 2025 unless an ext 4. Payment. The Consultant sha and for services rendered u A. Payment for the work pr "B" attached her exceed the City. standard of reasonable care mance of similar services under ess or implied warranty or greemehall be in full force and September 30, 2025, unless sooner Work under this Agreement shall ant to proceed. The Consultant shall ursuant to this Agreement no later time is granted in writing by the City. City on a net 45-day basis for completed work as follows: y nsultant shall be made as provided on Exhibit at the total amount of payment to the Consultant shall not ress written modification of the Agreement signed by B. The Consultant sub ' vouchers to the City once per month during the progress of the work for partient for that portion of the project completed to date. Such vouchers will be chec d 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. {EFM4858-9204-2456;1/13175.000001/} 75 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 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, reports, data 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. The Consultant shall not be responsible for any modification of the said documents, drawings, specifications or other materials by the City or the City's other consultants. 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. Subject to Consultant's limitation of liability, 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 includin• -asonable attorney fees but excluding claims for economic loss or diminution of propert : ue, to the extent caused by the Consultant's performance of this Agreement, except for ' i , and damages caused by the sole negligence of the City. In the event of liability for damages arising ou odil injury 'ersons or damages to property caused by or resulting from the concur ne nce of the Consultant and the City, its officers, officials, employees, and volunteers, nsultant's liability hereunder shall be only to the extent of the Consultant's - • ligence. is further specifically and expressly understood that the indemnification pro : _ - ein titutes the Consultant's waiver of immunity under Industrial Insurance, -'� , solely for the purposes of this indemnification. This waiver has ► - - n mu nego ated by the parties. The provisions of this section shall survive the e - i •r to nation of this Agreement. 8. Insurance. The Consulta all • - - maintain for the duration of the Agreement, insurance against claims for I o p- s or damage to property which may arise from or in connection with - or ce of the work hereunder by the Consultant, its agents, representatives, or ultant's maintenance of insurance as required by the agreement shall to II it the liability of the Consultant to the coverage provided by such insurance, •therwis: imit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts . 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. CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} 76 Page 2 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Commercial General liability 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 Insura► self-insurance, or insurance pool coverage maintained by the City shall be excess he Consultant's insurance and shall not be contributed or combined with it. D. E. F. Acceptability of Insurers. Insurance is to beced with urers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. Consultant shall copy of the amendatory endorsements, inc additional insured endorsement, evi. i. the before commencement of the work. evidence of all subcontractors' covera Notice of Cancellation. T policy cancellation, withi G. Failure to Maintain Ins insurance as requ may, after givi immediately t and pay any a repaid to the City the Consultant from e City with original certificates and a but not necessarily limited to the ance requirements of the Contractor e City, the Consultant shall furnish hall provide the City with written notice of any of their receipt of such notice. on the part of the Consultant to maintain the stitute a material breach of contract, upon which the City ays notice to the Consultant to correct the breach, or, at its discretion, procure or renew such insurance in connection therewith, with any sums so expended to be or at the sole discretion of the City, offset against funds due 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, CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} Page 3 77 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 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. 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 City gives written consent for the Consultant to assign certain services to their sub -consultant - Davey Resource Group. 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 either party 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 Agreemen�`any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner officer oil Consultant, or any of its supervisory personnel assigned to the proje e surviving bers of the Consultant hereby agree to complete the work under t term this Agreement, if requested to do so by the City. This section shall not be a bar gotiations of this Agreement between surviving members of the Consultan - nd the 'f the City so chooses. 15. Applicable Law; Venue; Attorney's F = . r ent shall be subject to, and the Consultant shall at all times comply wi a.. able federal, state and local laws, regulations, and rules, includin. •rovi of the City of Tukwila Municipal Code and ordinances of the City of Tu a. I he e t any suit, arbitration, or other proceeding is instituted to enforce any ter •f this - - •me the parties specifically understand and agree that venue shall be properly I. '• g .. y, Washington. The prevailing party in any such action shall be entitle • -as. - ble attorney's fees and costs of suit. Venue for any action arising from or rela o thi 're- t shall be exclusively in King County Superior Court. 16. Severabilit and ival. If y term, condition or provision of this Agreement is declared void or unenforceabl- limite' its application or effect, such event shall not affect any other provisions hereof and a • • . rovisions shall remain fully enforceable. The provisions of this Agreement, which by thsense 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: BGC Engineering USA Inc. 600 12th Street, Suite 300 Golden, CO 80401 CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} 78 Page 4 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 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. 19. Limitation of Liability. The term "Consultant Group" means the Consultant, its affiliated companies, and its and their respective employees, directors, officers, and subconsultants. When capitalized in this Agreement, "Losses" means any claims, injuries, damages, losses, suits, expenses, or other liability. Notwithstanding any other provision of this Agreement to the contrary, the Consultant Group's total aggregate liability to the City and anyone else claiming through or under the City for all Losses arising out of, resulting from, or related in any way to this Agreement or the services provided under this Agreement shall not exceed ONE MILLION U.S. Dollars ($1,000,000.00 USD). This aggregate limitation of liability applies: (i) to the fullest extent permitted by law; and (ii) whether one or more Losses arise due to breach of contr breach of warranty, strict liability, statutory liability, indem recovery or liability at law or in equity. This section sur this Agreement. 20. Waiver of Liability. In no event will either pa damages or losses arising out of, resulting from, services provided under this Agreement: (a) special, indirect, or consequential dama• or profit, lost revenue, lost product, lost goo t, tort (including negligence), duties, or any other theory of e expiry or any termination of le for anf the following kinds of in any way to this Agreement or the ry, aggravated, punitive, incidental, usiness, business interruptions, lost osts of capital, or lost data. CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} Page 5 79 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D DATED this day of , 20 ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorne sponsor staff. ** CONSULTANT: BGC Engineering USA Inc DocuSigned by: B AOFF �,L t trod, y' CO22r716Er407... Printed Na► Geoff Claypool Title. CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} 80 Page 6 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes August 26, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Bryan Still, Laurel Humphrey, Sherry Edquid I. BUSINESS AGENDA A. Construction Bid Award: Cured -In -Place Sewer Mains Lining Staff is seeking approval of a bid award with Iron Horse LLC in the amount of $1,339,083.18 for construction of the project. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Consultant Agreement: Landslide Risk Assessment and Management Project Phase 1 Staff is seeking approval of an agreement with BCG Engineering in the amount of $134,500.00 to conduct a landslide study. * Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. The meeting adjourned at 5:42 p.m. AP Committee Chair Approval Minutes by LH 81 82 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/16/24 DR ITEM INFORMATION ITEM No. 5.G. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 9/16/24 AGENDA ITEM TITLE Grant Acceptance: SFY25 Local Parks Maintenance Grant CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Altg Date ❑ Ordinance Mtg Date ❑ Bid Award Altg Date ❑ Public Hearing Altg Date Other Altg Date 9/16 SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ® P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Parks & Recreation Department was awarded a $100,000 Local Parks Maintenance Grant in 2023. The grant was split into two contracts, the first was for SFY24 in the amount of $24,000 and the proposed contract is the second, for SFY25 in the amount of $76,000. City staff recommend City Council provide the Mayor authorization to sign the grant contract so the Crystal Springs Lighting Replacement project can begin with the aligned grant funding source. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/9 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONsoR/ADtIN. Parks & Recreation COMMITTEE Forwarded to 9/16/24 Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $76,000 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $76,000 Fund Source: GENERAL FUND Comments: General Fund will support necessary expenses and then be reimbursed by the grant MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 MTG. DATE ATTACHMENTS 9/16/24 Informational Memorandum dated 8/22/24 Proposed Grant Agreement for Project 24-2215M 09/09/24 CSS Committee Minutes 83 84 City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: David Rosen, Parks & Recreation Analyst DATE: August 22, 2024 SUBJECT: Contract Approval: SFY25 Local Parks Maintenance Grant ISSUE The Parks and Recreation Department, in order to continue use of the Local Parks Maintenance (LPM) Grant through State Fiscal Year (SFY) 25, which is being offered in the amount of $76,000, must first secure approval of the Tukwila City Council before the Mayor is approved to sign the offered contract. BACKGROUND In mid-2023, the Tukwila Parks and Recreation Department applied for and was awarded $100,000 under the Washington State Recreation & Conservation Office's LPM program. The award was given for the proposed Crystal Springs Park Lighting Replacement Project, which would see lighting in upper Crystal Springs Park replaced and/or rehabilitated to working condition. Subsequently, the state split this grant into two contracts, one for SFY24 in the amount of $24,000, and one for SFY25 in the amount of $76,000. Per City policy, as the LPM is a zero -match grant, city staff was not required to seek Council approval for the SFY24 contract as it did not meet the required dollar threshold. However, the SFY25 contract being offered does exceed said dollar threshold. DISCUSSION To date, work completed for the grant includes a state -required Cultural Resources Survey, which must be done for any state -funded project that is causing ground disturbance. This report has been submitted to RCO and is being reviewed at this time. City staff intend to return to council in October with a contract for the lighting replacement work itself. FINANCIAL IMPACT The LPM grant is a reimbursement grant, the state will reimburse eligible expenses submitted to it by the City at periodic intervals. Therefore, signing of this grant creates no net General Fund inflows or outflows. RECOMMENDATION City staff recommend the Community Services and Safety Committee forward this grant agreement to the full Tukwila City Council for its approval on the September 16th Consent Agenda. ATTACHMENTS A --- Proposed Grant Agreement for Project 24-2215M (Crystal Springs Park Lighting Replacement) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 85 WAWINGTON STATE Recreation and Conservation Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Project Number: 24-2215M Crystal Springs Park Lighting Replacement Approval Date: 06/30/2024 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) for the project identified above (Project) is entered into between the State of Washington by and through the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917, and by and through the Tukwila Parks & Recreation Department (Sponsor, and primary Sponsor), 12424 - 42nd Ave S, Tukwila, WA 98168, and shall be binding on the agents and all persons acting by or through the parties. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Sponsor attests that prior to and during the Period of Performance, its Authorized Representative(s)/Agent(s) identified on the original signed Applicant Resolution/Authorization has full authority to legally bind the Sponsor(s) regarding all matters related to the Project, including but not limited to, full authority to: (1) sign the grant application for grant assistance, (2) enter into this Agreement, including indemnification, (3) enter into amendments to this Agreement. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise owed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, a Sponsor may change its Auth RCO written notice of the change and identifying the new design Representative/Agent. Unless and until such written notice is initially identified as the Authorized Representative/Agent. B. RCO reserves the right at any time to request, and Spons documents that demonstrate any signatory to this Agreemen Sponsor. esentative/Agent only by providing the sign as Authorized , 0 shall recognize only the person ligation to provide authorizations and amendment has the authority to legally bind the For the purposes of this Agreement, as well as for grant m . - •.sue with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT ' TS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and con. al Parks Maintenance Program grant is made from the General Fund State Account of the S - - of - gton. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Tukwila Parks and Rec Park. The City will replace undergrou supported by this project is maintenance rtment will use this grant to replace nonfunctional lights in Crystal Springs systems and purchase new light fixtures. The primary recreational activity outdoor recreation sites. PERIOD OF PERFORMANCE The period of performance begins on July 1, 2024 (project start date) and ends on June 30, 2025 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO has the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this maintenance project, the Sponsor's ongoing obligations for the project area shall be for the period of performance of this Agreement. For equipment purchased as part of the project, the Sponsor's ongoing obligation shall comply with the RCO: 24-2215 86 Revision Date: 10/26/2023 Page 1 of 19 Treatment of Equipment and Assets section and applicable RCO Manuals identified herein. PROJECT FUNDING AND REIMBURSEMENT PERIOD(S) The total grant award provided for this project shall not exceed $76,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project.: Office - Local Parks Mnt Single -Tier 2 Total Project Cost Percentage 100.00% $76,000.00 State 100.00% $76,000.00 Dollar Amount Source of Funding If this Grant Agreement's period of performance spans more than one state fiscal year (July 1st through June 30th), Sponsor's work performed in each fiscal year shall be reimbursed only with the funds available in that fiscal year. RCO shall not be obligated to reimburse work performed in one single fiscal year with funds from another fiscal year. Grant funds that are not expended through a reimbursement request in one fiscal year (unused funds) shall not be carried over to the next fiscal year, and Sponsor has no right to these funds in the next fiscal year. Sponsor shall forfeit unspent grant funds, which shall remain with RCO unless otherwise made available as part of an amended Agreement. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUME All rights and obligations of the parties under this Agreement are further specifie Sponsor's application and the project summary and eligible scope activities u and/or amended as well as documents produced in the course of administe activities, the milestones report, progress reports, and the final report. Pr such documents is irreconcilably in conflict with the Agreement, such Agreement, unless the terms in the Agreement are shown to be su used here and elsewhere in this document, unless otherwise spec the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including withou set forth in writing and signed by all parties. Exc- -xten need only be signed by RCO's director or de ' -e a onse Representative/Agent or Sponsor's design . point . ontact person other than the Authorized Agent/R responsibility of a Sponsor to ensure that an COMPLIANCE WITH APPLI This Agreement, including any federal laws and regulations, appli accounting rules effective as of the provided in the amendment. Provided, the ed, to th mation shall n to an intended e ly st and shall be interpreted in light of the ich the Agreement has been approved ement, including the eligible scope nt that information contained in used to vary the terms of the r or omission. "Agreement" as has the meaning set forth in the definitions of ions) of this Agreement shall be effective unless of the Period of Performance and minor scope adjustments to in writing (including email) by the Sponsor's Authorized he implementation of the Agreement (who may be a herwise provided for in an amendment. It is the an amendment on its behalf is duly authorized to do so. , R S, AND POLICIES o, is governed by, and the Sponsor shall comply with, all applicable state and nuals as identified below, Exhibits, and any applicable federal program and Agreement or as of the effective date of an amendment, unless otherwise pdate in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purposes of this Agreement, the following RCO manuals are deemed applicable and are incorporated as terms of this Agreement: • Local Parks Maintenance Grant - Manual 27 • Reimbursements - Manual 8 SPECIAL CONDITIONS None SPECIAL CONDITIONS - CULTURAL RESOURCES None RCO: 24-2215 Revision Date: 10/26/2023 Page 2 of 19 87 AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: Sponsor Project Contact David Rosen Fiscal Analyst 12424 42nd Ave S Tukwila, WA 98168 david.rosen@tukwilawa.gov RCO Contact Hayley Dalgetty Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 hayley.dalgetty@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 24- the date signed by both the Sponsor's and the RCO's Authorized Representa Reimbursements for eligible and allowable costs incurred within the period PERFORMANCE Section are allowed only when this Agreement is fully cuted, The Sponsor has read, fully understands, and agrees to be bound b, and the STANDARD TERMS AND CONDITIONS OF THE RCO represent and warrant their authority to bind the parties to this Agree Tukwila Parks & Recreation Department By: Name (printed): Title: State of Washington Recreat • nd Conse : tion Office By: FOR Megan Duffy Director Recreation and Conservation Office By: Pre -approved as to form: Assistant Attorney General , shall become effective and binding on nt, whichever is later (Effective Date). ce identified in the PERIOD OF anoriginal is received by RCO. nd conditi. - as set forth in this Agreement MENT. The signatories listed below Date: Date: 10/26/2023 RCO: 24-2215 88 Revision Date: 10/26/2023 Page 3 of 19 WASHINGTON STATE jigRecreation and Conservation Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Project Number: 24-2215M Crystal Springs Park Lighting Replacement Approval Date: 06/30/2024 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Maintenance Metrics Worksite #1, Crystal Springs Park Recreational Facility Maintenance Perform Recreational Facility Maintenance Cultural Resources Cultural resources Project Management Project Management Permits Obtain permits RCO: 24-2215 Revision Date: 10/26/2023 Page 4 of 19 89 WA Recreation and Conservation Office 5 HINGTON STATE RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Crystal Springs Park Lighting Replacement Project Number: 24-2215M Approval Date: 06/30/2024 PROJECT MILESTONE REPORT Complete Milestone Project Start Permits Complete Cultural Resources Documents Cultural Resources Complete RCO Notice to Proceed Progress Report Due Annual Project Billing Due Agreement End Date Final Billing Due Final Report Due Comments/Description Survey Submitted Consultation Complete & Inadvertent Discovery Plan Submitted No ground disturbance allowed prior to Notice to Proceed Project Milestones Target Date 07/01/2024 07/15/2024 07/15/2024 09/01/2024 09/10/2024 01 / 15/2025 01 /31 /2025 06/30/2025 07/31/2025 08/15/2025 RCO: 24-2215 90 Revision Date: 10/26/2023 Page 5 of 19 WAS'1INGTON STATE Recreation and Conservation Office RCO Grant Agreement Project Sponsor: Project Title: Tukwila Parks & Recreation Department Crystal Springs Park Lighting Replacement Project Number: 24-2215M Approval Date: 06/30/2024 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 7 CITATIONS, HEADINGS AND DEFINITIONS 7 PERFORMANCE BY THE SPONSOR 9 ASSIGNMENT 9 RESPONSIBILITY FOR PROJECT 10 10 10 11 11 ARCHAEOLOGICAL AND CULTURAL RESOURCES ! 11 RECORDS 12 PROJECT FUNDING 13 PROJECT REIMBURSEMENTS 13 RECOVERY OF PAYMENTS 14 COVENANT AGAINST CONTINGENT FEES 14 INCOME (AND FEES) AND USE OF INCOME 14 PROCUREMENT REQUIREMENTS 15 TREATMENT OF EQUIPMENT AND ASSETS 15 RIGHT OF INSPECTION 15 PREFERENCES FOR RESIDENTS 15 PROVISIONS APPLYING TO DEVELOPME AI NAN RENOVATION, AND RESTORATION PROJECTS 15 ORDER OF PRECEDENCE 16 LIMITATION OF AUTHORITY 16 WAIVER OF DEFAULT 16 APPLICATION REPRESENTATIO► ' R SENTATIONS OR INACCURACY OR BREACH 17 SPECIFIC PERFORMANCE 17 TERMINATION AND SUSPE► • 17 DISPUTE HEARING 18 ATTORNEYS' FEES 18 GOVERNING LAW/VENUE 18 SEVERABILITY 19 END OF STANDARD TERMS AND COS TIONS 19 INDEMNIFICATION INDEPENDENT CAPACITY OF THE SPONSOR CONFLICT OF INTEREST COMPLIANCE WITH APPLICABLE LAW RCO: 24-2215 Revision Date: 10/26/2023 Page 6 of 19 91 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 03/15/2024. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the version current on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout the Agreement, the following terms shall have the meaning set forth below (Note: not all defined terms may be present in a particular Agreement): Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual — A manual designated in this Agree - o apply as terms of this Agreement, subject (if applicable) to substitution of the "RCO director" for the ter- • • in those manuals where the project is not approved by or funded by the referenced board, or a predece s to the - rd. applicable WAC(s) — Designated chapters or provisions of ashington Adm rative Code that apply by their terms to the type of grant in question or are deemed und- s Agr- - -nt to apply as terms of the Agreement, subject to substitution of the "RCO director" for the term °b. •' •ency" in those cases where the RCO has contracted to or been delegated to administer the grant prog question. applicant — Any party, prior to becoming a Sponalifying standards/eligibility requirements for the grant application or request for funds in questi. • - s emitted an application to RCO requesting grant funds. application — The documents and o mat: :Is tha applicant submits to the RCO to support the applicant's request for grant funds; this inclu• ateri. equire• the "Application" in the RCO's automated project information system, and other do -nts • - application checklist including but not limited to legal opinions, maps, plans, evaluation p : - ions an• ripts. Authorized Represen authorized to be the has the signature aut C.F.R. — Code of Federal or's agent (employee, political appointee, elected person, etc.) t and any amendments requiring a Sponsor's signature. This person ponsor to this Agreement, grant, and project. completed project or project • mpletion — The status of a project when all the following have occurred: • The grant funded project has been inspected by the RCO, if applicable • The RCO has determined that the project has been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any amendments to the Agreement required by RCO have been executed by the Sponsor and RCO and have been delivered to RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director — The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date — The date when the Agreement is signed by both the Sponsor's and the RCO's Authorized Representative/Agent, whichever is later. RCO: 24-2215 92 Revision Date: 10/26/2023 Page 7 of 19 equipment — Tangible personal property (including information technology systems) having a useful service life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board, or both as may apply. Funding Entity — the entity that approves the project that is the subject to this Agreement. grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. maintenance project — A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreation. maintenance and operation — A project that maintains and operates existiareas and facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists. match or matching share — The portion of the total project cost pr. • he Sponsor. milestone — An important event with a defined date to track a and monitor significant stages of project accomplishment. Office — Means the Recreation and Conservation Office or pass -through entity — A non -Federal entity that •es a sub- d to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agree -.eral s. ard, RCO is the pass -through entity. period of performance — The period beginning on , . -ct s . date and ending on the project end date. pre -agreement cost — A project co urre efore period of performance. ivity relate • plementation of a funded project primary Sponsor — The Sponsor as the entity to which RCO grants fu includes but is not limited submitting reports). A P Sponsor and who is specifically identified in the Agreement and author zes and requires to administer the grant. Administration cal agent for the grant (e.g., requesting and accepting reimbursements, s its officers, employees, agents and successors. Project — The undert- identified . the first page of the Agreement that is funded by this Agreement either in whole or in part with fun• •ministe by RCO. project area - A geographic - at delineates a grant assisted site which is subject to project agreement requirements. project completion or completed project — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any amendments to the Agreement required by RCO have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). project end date — The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date — The specific date identified in the Agreement on which the period of performance starts. RCO: 24-2215 Revision Date: 10/26/2023 Page 8 of 19 93 RCFB — Recreation and Conservation Funding Board RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, • t, and project. subaward — Funds allocated to the RCO from another organization, f. ' ich RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be .rovided by a pass -through entity to a subrecipient for the subrecipient to carry out part of any award re - -ed by •ass -through entity. It does not include payments to a contractor or payments to an individual that is - eficiary of a -ral or other program. A subaward may be provided through any form of legal agreement, incl . an agreement th. e pass -through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For ral su. . rds, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal ass! --tionship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the su. :rd amount is the grant program amount in the Project Funding Section. subrecipient — Subrecipient means an entity that funds, a subrecipient is an entity that receives a su program; but does not include an indiv. recipient of other federal awards dir Agreement is a federal subaward tribal consultation — Outreach and coalition or consortium of by the proposed projec potential impacts to responding to any req may include not procee not implementing the proje is inc ral areas, n. from such ith part ib a d. For non-federal entities receiving federal ass -through entity to carry out part of a federal ficiary of such program. A subrecipient may also be a arding agency (2 C.F.R. Part 200 (as updated)). If this cipient. ation wit .ne or more federally recognized tribes (or a partnership or rivate tribal enterprise) whose rights will or may be significantly affected with potentially -affected tribes the scope of work in the grant and al re urces, and the built environment by the project. It also includes es and considering tribal recommendations for project implementation, which the project, altering the project concept and design, relocating the project, or sultation does not affect RCO's final approval authority for project proposals. useful service life — Period dur g which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC — Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RCO: 24-2215 94 Revision Date: 10/26/2023 Page 9 of 19 RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The Sponsor has sole responsibility to implement the project and for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed in accordance with the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employ suits at law or equity (however denominated) arising in whole or in part from the a negligence in connection with this Agreement (including without limitation all wo any obligation under this Agreement by the Sponsor or the Sponsor's agents vendors, of any tier, or any other persons for whom the Sponsor may be I required to defend or indemnify the State against and hold harmless th sole negligence of the State, its employees and/or agents for whom t claims or suits are caused by or result from the concurrent neglige employees, and (b) the State, or its employees or agents, the Spo only to the extent of the Sponsor's negligence or its agents, or emplo As part of its obligations provided above, the Sponsor spe Sponsor's own employees or its agents against the State a Sponsor specifically waives any immunity under the state in immunity under this provision extends only to cl,' •ainst any claims by Sponsor's employees directly . - st ` nsor. Sponsor shall ensure that any agreement any tier shall require that the contracting enti provided herein as if it were the Sp project without compensation or The Sponsor shall also defen demands, or suits at law or equi allegedly improper appropriation or inventions by the Sponsor or the Spo s harmless from all claims, demands, or or alleged acts, errors, omissions or activities thereunder), or the breach of es, contractors, subcontractors, or ovided, however, that Sponsor is not la demands or suits based upon the tate is vicarious ble. Provided, further, that if the of (a) Sponsor or e Sponsor's agents or nity obligation shall be valid and enforceable ntial liability for actions brought by the p pose of this indemnification and defense, the law, RCW Title 51. Sponsor's waiver of or by Indemnitee RCO, and does not include, or extend to, olving any contractors, subcontractors and/or vendors of nify, . - - d, waive RCW 51 immunity, and otherwise protect the State as not apply to a contractor or subcontractor donating its services to the ideration. d the State and its officers and employees harmless from all claims, e or in part from the alleged patent or copyright infringement or other secrets, patents, proprietary information, know-how, copyright rights or ents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor ma, .e legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, other taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. RCO: 24-2215 Revision Date: 10/26/2023 Page 10 of 19 95 CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided in this paragraph, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In performing it obligations under the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failur- o so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is nondiscrimination clause in each contract for construction of this proje contractor agrees to comply with all federal and state nondiscrimina B. Secular Use of Funds. No funds awarded under this grant m instruction, or for lands and facilities for religious activities, w instruction may be a minor use of the grant supported rec that this restriction shall be based on an analysis of the us C. Wages and Job Safety. The Sponsor agrees to United States and the State of Washington or oth that when state prevailing wage laws (RCW 39.12 of wage to all workers, laborers, or mechanics emp statement of intent to pay prevailing wa• ' the by RCW 39.12.40. The Sponsor also ees compl Washington State Department of 1) Pursuant to RCW 39.12.0 intent to pay prey subcontractor i statement of investigate d, the Sponsor shall insert the following uring the performance of this contract, the regulations and policies." used to p. •r religious activities, worship, or ip, or instructio -ligious activities, worship, or nservation and or facility. Provided, however, s, not the identity or affiliation of the Sponsor. y with licable laws, regulations, and policies of the wages and job safety. The Sponsor agrees, omply with such laws, to pay the prevailing rate rmance of any part of this contract, and to file a gton State Department of Labor and Industries as required ith the provisions of the rules and regulations of the all con - ors and subcontractors shall submit to Sponsor a statement of e need to pay prevailing wages is required by law. If a contractor or an prevailing wages, it must provide the Sponsor with an affirmative tractor's intent. Unless required by law, the Sponsor is not required to g prevailing wage provided by a contractor or subcontractor. D. Restrictions on Grant U o pa' any funds provided under this grant shall be used, other than for normal and recognized executive-legisla . ionships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, p. •hlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must RCO: 24-2215 96 Revision Date: 10/26/2023 Page 11 of 19 provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on -site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and h 'an remains. E. Costs associated with project review and evaluation of archeology an reimbursement under this agreement. Costs that exceed the budge Sponsor Inadvertent Discovery Plan. The Sponsor shall request, ew, an Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at roject site. 3) Discuss the IDP with staff and contracto ct site. 4) Implement the IDP when cultural resource an r- . ins are found at the project site. F. Discovery ral resources are eligible for ount shall be the responsibility of the bound by the RCO Inadvertent 1) If any archaeological or h Sponsor shall immediately Preservation at disturbance to and while conducting work under this Agreement, the rk and no y RCO, the Department of Archaeology and Historic d any affected Tribe, and stop any activity that may cause further toric resources. 2) If any human wins are fo ' while conducting work under this Agreement, Sponsor shall immediately stop work and the loc- aw Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the mo pe' .us manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secur- ea of the find will and protect the remains from further disturbance until the State provides a new notice t proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non - Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting RCO: 24-2215 Revision Date: 10/26/2023 Page 12 of 19 97 procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. Access to Records and Data. At no additional cost to RCO, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and/or federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to . blic records act request, and to indemnify against any claims arising from allowing such review or copyind pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. State Operating Budget. Grant funds for this Grant/Agre- t deri - from the S . e's Operating Budget. Sponsor shall comply with state rules that direct, and in some cas- tric use of such funds for work performed per this Agreement. Sponsor shall follow RCO's direction on what a ponsor performs per this Agreement because of Operating Budget rules and requirements. B. Additional Amounts. The RCO or Funding Entit .a .blig. . to pay any amount beyond the dollar amount as identified in this Agreement nor for activities tha . no e fiscal year in which funds are available unless an additional amount has been approve • dvanc- - RCO •irector and incorporated by written amendment into this Agreement. C. Before the Agreement. No exp shall be eligible for grant funds, in waiver of retroactivity or pro• spe Agreement must be fully may be reduced as n D. After the Period of Pe shall be eligible, in whole may have under this Agree expenditure from participation. n incurred, by the Sponsor before the project start date p. s specifically provided for by the RCO director, such as a ligible pre -Agreement costs. For reimbursements of such costs, this inal received by RCO. The dollar amounts identified in this Agreement uch expenditure from reimbursement. xpenditure made, or obligation incurred, following the period of performance rant funds hereunder. In addition to any remedy the RCO or Funding Entity rant amounts identified in this Agreement shall be reduced to exclude any such PROJECT REIMBURSEMENTS Reimbursement Basis (also see PROJECT FUNDING AND REIMBURSEMENT PERIOD(S) section) A. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year and only for reimbursable activities occurring in the same fiscal year (July 1st through June 30th) or as identified in the milestones. Sponsors must refer to the PROJECT FUNDING AND REIMBURSEMENT PERIOD(S) section and the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. Where conflicts exist between this Agreement and RCO Manual 8, this Agreement shall prevail. RCO: 24-2215 98 Revision Date: 10/26/2023 Page 13 of 19 C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On -site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO; Grant related fiscal transactions are complete. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance, in addition to any other remedies available at law or in equity. B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under thi overy provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve per (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is du- -rror of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment th- O. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO f�refund. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been empld agreement or understanding for a commission, percentag - .kerage o bona fide established agents maintained by the Sponsor event of breach of this clause by the Sponsor, to terminate funds paid to Sponsor (even if such funds have been subse discretion, to deduct from the Agreement grant - _ or co commission, percentage, brokerage or conti INCOME (AND FEES) AND USE OF INCO See WAC 286-13-110 for additio 'ent •rojects funded from the RCFB. retained to solicit or secure this Agreement on an tingent fee, excepting bona fide employees or ring business. RCO shall have the right, in the to be reimbursed by Sponsor for any grant i• agent), without liability to RCO or, in RCO's ation or recover by other means the full amount of such A. Compatible source. -source of - inco e generated in a funded project or project area must be compatible with the funding source an• Agreeme nd any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to ons contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and police . come or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored and shall be consistent with the: 1) Grant program laws, rules, and applicable manuals; RCO: 24-2215 Revision Date: 10/26/2023 Page 14 of 19 99 2) Value of any service(s) furnished; 3) Value of any opportunities furnished; and 4) Prevailing range of public fees in the state for the activity involved. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrim on based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in ting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding c This procedure creates no rights for the benefit of thj enforced or subject to review of any kind or mann required to certify to the RCO that they have foil above minimum procedure where state or federal p TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose applicable manuals, or approved by RCO in wri A. Discontinued Use. Equipment o duration of the project, or as allo discontinues use of the equipment the equipment to RCO, or B. Loss or Damage. T RIGHT OF INSPECTION The Sponsor shall provide right of acce . the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. authorized to do so. arties, includinproposers, and may not be any entity other th the RCO. Sponsors may be icable state and/or federal procedures or the es do not apply. gre- nt, unless otherwise provided herein or in the ent shall remain in the possession of the Sponsor for the nd applicable RCO Manuals. When the Sponsor rpose o hich it was funded, RCO may require the Sponsor to deliver equipment according to RCO published policies. sible for any loss or damage to equipment. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted project sites on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS The following provisions shall be in force: A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained according to applicable regulations, laws, building codes, and health and public safety standards to assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the RCO: 24-2215 100 Revision Date: 10/26/2023 Page 15 of 19 same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ or train staff for that purpose. 1) Change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the RCO must receive prior written approval of the RCO. B. Control and Tenure. At the request of RCO, the Sponsor must provide documentation that shows appropriate tenure and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration, or maintenance. The documentation must meet current RCO requirements identified in this Agreement as of the effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. C. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive Species" which is available on the WIS• eb site. D. Safety and Risk. At no time shall the Sponsor design, construct, or o unreasonably puts the public, itself, or others at risk of injury or pro acknowledges that the Sponsor is solely responsible for safety a not have expertise, capacity, or a mission to review, monitor, that RCO will do so, and that RCO is in no way responsible ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under th provisions of the Agreement shall be construed to conform between the terms of this Agreement and any applicable st giving precedence in the following order: A. Federal law and binding executive B. Code of federal regulations; C. Terms and conditions of D. Federal grant progra law; E. State Constitution, RCW, an F. Agreement Terms and Conditions and G. Applicable Manuals; H. Applicable deed restrictions, and/or governing documents. this grant funded project in a way that ge. The Sponsor agrees and ed with the project, that RCO does nd risk, that no expectation exists 'th the project. applicable federal and state laws. The event of a direct and irreconcilable conflict y or procedure, the conflict shall be resolved by state from the federal government; edures adopted by a federal agency that are required to be applied by federal LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. RCO: 24-2215 Revision Date: 10/26/2023 Page 16 of 19 101 APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application is presumed to be material and to have been relied upon, and may be deemed a breach of this Agreement at RCO's sole discretion. SPECIFIC PERFORMANCE RCO may, at its sole discretion, enforce this Agreement by the remedy of specific performance, which means Sponsor's completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obliga Agreement: o providing to the Sponsor under this a) If the Sponsor breaches any of the Spots obIj ns under this Agreement; b) If the Sponsor fails to make progress satisfa project by the completion date - in this milestones and other defined d to the RCO director toward completion of the ent. Included in progress is adherence to c) If the primary and seco . - Spo ljf/ anno utually agree on the process and actions needed to implement the pro 2) Prior to termination, the ' shall the S, sor in writing of the opportunity to cure. If corrective action is not taken within 30 day u. _ -riod that the director approves in writing, the Agreement may be terminated. In the event . ination, the Sponsor shall be liable for damages or other relief as authorized by la ''s A. -ment. 3) RCO reser Sponsor from pending corrects e right to s rring additi ction b or part of the Agreement, withhold further payments, or prohibit the al obligations of funds during the investigation of any alleged breach and Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as . ise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day aft-r the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. RCO: 24-2215 102 Revision Date: 10/26/2023 Page 17 of 19 D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises cannot be resolved, either party may request a dispute hearing according to t request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and th- assigned . t number. een the Sponsor and the RCO, which ss set out in this section. Either party's In order for this section to apply to the resolution of any sp is . .r di es, the other party must agree in writing that the procedure under this section shall be used to resolve th. sp- -s. The dispute shall be heard by a panel of three persons; one person chosen by the Sponsor, one - - on chthe director, and a third person chosen by the two persons initially appointed. If a third person ca' .: 'reed the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen . e Spo or, an. 'e by the director shall be appointed, and they shall agree on a third person. This process shall be repe. until - -- •-rs. .anel is established. Any hearing under this section shall nature and complexity of the issu so directed by the disputes pa disputes. h the specific processes to be set by the disputes panel according to the ess will be solely based on written material if the parties so request or if all be governed by the provisions of this Agreement in deciding the The parties shall be bound by the •rity d- on of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both ' i- . perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. RCO: 24-2215 Revision Date: 10/26/2023 Page 18 of 19 103 SEVERABILITY The provisions of this Agreement 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 Agreement. END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO: 24-2215 104 Revision Date: 10/26/2023 Page 19 of 19 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes September 9, 2024- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Eric Lund, Eric Dreyer Staff Present: Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Automated Traffic Safety Cameras Staff is seeking approval of an ordinance that would amend Tukwila Municipal Code 9.53 to update the RCW reference and infraction fines for automated traffic safety cameras in park and school speed zones. Committee Recommendation: Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Grant Acceptance: Local Parks Maintenance Staff is seeking approval to accept a grant award from the Washington State Recreation & Conservation Office's Local Parks Maintenance program in the amount of $76,000 for the Crystal Springs Park Lighting Replacement Project. Committee Recommendation: Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. II. MISCELLANEOUS The meeting adjourned at 5:47 p.m. IV' Committee Chair Approval Minutes by LH 105 106 COUNCIL AGENDA SYNOPSIS nitials Meeting Date Prepared by Mayor's review Council review 9/16/24 EL ITEM INFORMATION ITEM No. 5.H. STAFF SPONSOR: ERIC LUND ORIGINAL AGENDA DATE: 9/16/24 AGENDA ITEM TITLE TMC 9.53 update - Automated Traffic Safety Cameras CATEGORY ❑ Discussion Mtn Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 9/16/24 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Altg Date SPONSOR ❑ Council ❑ Mayor ❑ Adnin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PW SPONSOR'S SUMMARY As a result of the passage of state legislation in 2022, cities are now authorized to install automatic speed safety cameras in areas directly outside hospitals, public parks, and withn a school's designated walk area. TMC 9.53 requires revision to reflect the changes in RCW and allow for enforcment. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9 / 9 / 24 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Police Department COMMITTEE Forward to 9/16/24 Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 MTG. DATE ATTACHMENTS 9/16/24 Informational Memorandum dated 9/3/24 Draft Ordinance TMC 9.53 RCW 46.63.210 RCW 46.63.220 9/9 CSS Committee Meeting Minutes 107 108 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committe FROM: Eric Dreyer, Chief of Police BY: Eric Lund, Deputy Chief of Police CC: Thomas McLeod DATE: September 3, 2024 SUBJECT: TMC 9.53 update — Automated Traffic Safety Cameras ISSUE As a result of the passage of State legislation in 2022, cities are now authorized to install automatic speed safety cameras in areas directly outside hospitals, public parks, and within a school's designated walk area. TMC 9.53 requires revision to reflect these changes and allow for enforcement. BACKGROUND The City of Tukwila has already installed speed safety cameras near Foster High School and Showalter Middle School. The cameras have proven effective in reducing the number of speeding violations in the School Zone, increasing safety in the area. New legislation effective July 1, 2022 authorized cities to use a limited number of automated traffic safety cameras to detect speed violations on any roadway identified in a school walk area, public park speed zone, or hospital zone. The TMC must now be updated to reflect the changes in the state law. DISCUSSION The proposed changes in the TMC were reviewed and drafted by the City Attorney's Office. Also, fines for violations are limited to $145 and can be doubled to $290 in school zones. The fines my be adjusted for inflation every five years by the Office of Financial Management. FINANCIAL IMPACT There is no financial impact by making changes to this municipal code. RECOMMENDATION The Council is being asked to approve the ordinance, agreement and consider this item at the September 23, 2024 Committee of the Whole meeting and subsequent October 7, 2024 Regular Meeting. ATTACHMENTS Draft Ordinance TMC 9.53 RCW 46.63.210 RCW 46.63.220 109 110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2612 §2, §3, AND §6, 2616 §1, AND 2696 §2, AS CODIFIED IN VARIOUS SECTIONS OF TMC C PTER 9.53, "AUTOMATED TRAFFIC SAFETY CAMERA 0 COMPLY WITH RCW 46.63.220; PROVIDING FOR SEV BILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila ("City") adopted Tukwila Municipal Code ("TMC") Chapter 9.53, authorizing law enforcemutilize automated safety cameras in school and park speed zones; and WHEREAS, the City adopt school and park speed zones WHEREAS, in 2024, the House Bill ("ESHB") municipality could I , or viola traffic safety camera and 50, which established fines for violations of ated traffic safety cameras; and ngton State Legislature passed Engrossed Substitute RCW 46.63.220, which limits the fines that a hool and park speed zones captured by automated WHEREAS, the cur s for violations of school and park speed zones using an automated traffic safety ca ra listed in TMC 9.53.050 do not comply with the maximum fines listed in RCW 46.63.220(16); and WHEREAS, TMC Sections 9.53.010 and 9.53.020 reference state statutes repealed by ESHB 2384 and replaced with RCW 46.63.210 and RCW 46.63.220, respectively; and WHEREAS, the City desires to amend the fines listed in TMC Section 9.53.050 to be consistent with RCW 46.23.220(16) as now enacted and hereafter amended, as well as amend TMC 9.53.010 and 9.53.020 to be consistent with RCW 46.63.210 and RCW 46.63.220, respectively; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2024 Legislation: TMC 9.53 amend fines Version: 8/29/24 Staff: E. Lund Page 1 of 3 111 Section 1. TMC Section 9.53.010 Amended. Ordinance Nos. 2612 §2 and 2696 §2, as codified at TMC Section 9.53.010, "Automated traffic safety cameras — Detection of violations- Restrictions," subparagraph A, are hereby amended to read as follows: 9.53.010 Automated traffic safety cameras — Detection of violations — Restrictions A. City law enforcement officers and persons commissioned by the Tukwila Police Chief are authorized to use automated traffic safety cameras and related automated systems to detect and record the image of vehicles engaged in violations in school speed zones and public park speed zones, as defined by RCW 46.63.210(3)-RW '16.63.170(B)(ii)(A); provided, however, pictures of the vehicle and the vehicle license plate may be taken only while an infraction is occurring, and the picture shall not reveal the face of the driver or of any passengers in the vehicle. Section 2. TMC Section 9.53.020 Amended. Or at TMC Section 9.53.020, "Notice of Infraction," subp read as follows: 9.53.020 Notice of Infraction hce No. 2612 §3, as codified h E, is hereby amended to E. All photographs, microphotographs or - ronic images prepared under this chapter are for the exclusive use of law ; emen he discharge of duties under this chapter and, as provided in RCW 46.63. , they are not open to the public and may not be used in a cou' r� pe . ng action or proceeding unless the action or proceeding relates viola .n under this chapter. No photograph, microphotograph or electro im may,be used for any purpose other than enforcement of violations r t chapter nor retained longer than necessary to enforce this chapter. Section 3. TMMection .05Q Amended. Ordinance Nos. 2612 §6 and 2616 §1, as codified at TMC 50, "Fines," are hereby amended to read as follows: 9.53.050 Fine A. The fine for an infraction detected under the authority of this chapter shall be as follows:no more than the fines established in RCW 46.63.220(16), as now enacted or hereafter amended. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, the amount of the fine issued for an infraction generated through the use of an automated traffic safety camera shall be $145, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period, and is doubled to $290 for a school speed zone infraction generated through the use of an automated traffic safety camera. hour more than, the posted speed limit; and 2024 Legislation: TMC 9.53 amend fines Version: 8/29/24 Staff: E. Lund Page 2 of 3 112 T$2n n rtrave elli ut-a eeel-atT ast 11 miles per heir mere than the posted speed limit. B. The maximum penalty for infractions detected pursuant to the provisions of this chapter shall not exceed the maximum amount of fine issued for parking infractions within the City. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk, and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or invalid or unconstitutional for any reason by a court invalidity or unconstitutionality shall not affect the remaining portions of this ordinance or its applicati Section 6. Effective Date. This ordinanc in the official newspaper of the City and shall to after passage and publication as provide • law. PASSED BY THE CITY COUNCIL 0 a Regular Meeting thereof this ATTEST/AUTHENTICATED. Andy Youn, City CI APPROVED AS TO FO Office of the City Attorney 2024 Legislation: TMC 9.53 amend fines Version: 8/29/24 Staff: E. Lund o any ation should be held to be competent jurisdiction, such or constitutionality of the r person or situation. mary thereof shall be published and be in full force five (5) days F TUKWILA, WASHINGTON, at , 2024. Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 113 114 RCW 46.63.210 Definitions. The definitions in this section apply throughout this section and RCW 46.63.220 through 46.63.260 unless the context clearly requires otherwise. (1) "Automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the front or rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit as detected by a speed measuring device. "Automated traffic safety camera" also includes a device used to detect stopping at intersection or crosswalk violations; stopping when traffic obstructed violations; public transportation only lane violations; stopping or traveling in restricted lane violations; and public transportation bus stop zone violations detected by a public transportation vehicle -mounted system. (2) "Hospital speed zone" means the marked area within hospital property and extending 300 feet from the border of the hospital property (a) consistent with hospital use; and (b) where signs are posted to indicate the location is within a hospital speed zone, where "hospital" has the same meaning as in RCW 70.41.020. (3) "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of the public park property (a) consistent with active park use; and (b) where signs are posted to indicate the location is within a public park speed zone. (4) "Public transportation vehicle" means any motor vehicle, streetcar, train, trolley vehicle, ferry boat, or any other device, vessel, or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers and that operates on established routes. "Transit authority" has the same meaning as provided in RCW 9.91.025. (5) "Roadway work zone" means an area of any city roadway, including state highways that are also classified as city streets under chapter 47.24 RCW, or county road as defined in RCW 46.04.150, with construction, maintenance, or utility work with a duration of 30 calendar days or more. A roadway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. A roadway work zone extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle. (6) "School speed zone" has the same meaning as described in RCW 46.61.440 (1) and (2) . (7) "School walk zone" means a roadway identified under RCW 28A.160.160 or roadways within a one -mile radius of a school that students use to travel to school by foot, bicycle, or other means of active transportation. [2024 c 307 s 1.] Certified on 7/12/2024 RCW 46.63.210 Page 1 115 RCW 46.63.220 Automated traffic safety cameras —City or county may authorize use —Local legislative authority analysis —Traffic ordinances Annual reports —Signage—Images Notice of infraction — Compensation for equipment —Revenue. (1) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c). (2) Any city or county may authorize the use of automated traffic safety cameras and must adopt an ordinance authorizing such use through its local legislative authority. (3) The local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located before adding traffic safety cameras to a new location or relocating any existing camera to a new location within the jurisdiction. The analysis must include equity considerations including the impact of the camera placement on livability, accessibility, economics, education, and environmental health when identifying where to locate an automated traffic safety camera. The analysis must also show a demonstrated need for traffic cameras based on one or more of the following in the vicinity of the proposed camera location: Travel by vulnerable road users, evidence of vehicles speeding, rates of collision, reports showing near collisions, and anticipated or actual ineffectiveness or infeasibility of other mitigation measures. (4) Automated traffic safety cameras may not be used on an on - ramp to a limited access facility as defined in RCW 47.52.010. (5) A city may use automated traffic safety cameras to enforce traffic ordinances in this section on state highways that are also classified as city streets under chapter 47.24 RCW. A city government must notify the department of transportation when it installs an automated traffic safety camera to enforce traffic ordinances as authorized in this subsection. (6)(a) At a minimum, a local ordinance adopted pursuant to this section must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties must also post such restrictions and other automated traffic safety camera policies on the city's or county's website. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to adopt an authorizing ordinance. (b)(i) Cities and counties using automated traffic safety cameras must post an annual report on the city's or county's website of the number of traffic crashes that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera. Beginning January 1, 2026, the annual report must include the percentage of revenues received from fines issued from automated traffic safety camera infractions that were used to pay for the costs of the automated traffic safety camera program and must describe the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program by the city or county. (ii) The Washington traffic safety commission must provide an annual report to the transportation committees of the legislature, and post the report to its website for public access, beginning July 1, 2026, that includes aggregated information on the use of automated traffic safety cameras in the state that includes an assessment of the Certified on 7/12/2024 116 RCW 46.63.220 Page 1 impact of their use, information required in city and county annual reports under (b)(i) of this subsection, and information on the number of automated traffic safety cameras in use by type and location, with an analysis of camera placement in the context of area demographics and household incomes. To the extent practicable, the commission must also provide in its annual report the number of traffic accidents, speeding violations, single vehicle accidents, pedestrian accidents, and driving under the influence violations that occurred at each location where an automated traffic safety camera is located in the five years before each camera's authorization and after each camera's authorization. Cities and counties using automated traffic safety cameras must provide the commission with the data it requests for the report required under this subsection in a form and manner specified by the commission. (7) All locations where an automated traffic safety camera is used on roadways or intersections must be clearly marked by placing signs at least 30 days prior to activation of the camera in locations that clearly indicate to a driver either that: (a) The driver is within an area where automated traffic safety cameras are authorized; or (b) the driver is entering an area where violations are enforced by an automated traffic safety camera. The signs must be readily visible to a driver approaching an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. All public transportation vehicles utilizing a vehicle -mounted system must post a sign on the rear of the vehicle indicating to drivers that the vehicle is equipped with an automated traffic safety camera to enforce bus stop zone violations. (8) Automated traffic safety cameras may only record images of the vehicle and vehicle license plate and only while an infraction is occurring. The image must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to record images of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties must consider installing automated traffic safety cameras in a manner that minimizes the impact of camera flash on drivers. (9) A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (17) of this section. The notice of infraction must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. (10) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (17) of Certified on 7/12/2024 RCW 46.63.220 Page 2 117 this section. If appropriate under the circumstances, a renter identified under subsection (17)(a) of this section is responsible for an infraction. (11) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(d), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image, or any other personally identifying data may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. Transit authorities must provide to the appropriate local jurisdiction that has authorized traffic safety camera use under RCW 46.63.260(2) any images or evidence collected establishing that a violation of stopping, standing, or parking in a bus stop zone has occurred for infraction processing purposes consistent with this section. (12) If a county or city has established an automated traffic safety camera program as authorized under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. If the contract between the city or county and manufacturer or vendor of the equipment does not provide for performance or quality control measures regarding camera images, the city or county must perform a performance audit of the manufacturer or vendor of the equipment every three years to review and ensure that images produced from automated traffic safety cameras are sufficient for evidentiary purposes as described in subsection (9) of this section. (13)(a) Except as provided in (d) of this subsection, a county or a city may only use revenue generated by an automated traffic safety camera program as authorized under this section for: (i) Traffic safety activities related to construction and preservation projects and maintenance and operations purposes including, but not limited to, projects designed to implement the complete streets approach as defined in RCW 47.04.010, changes in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users, including improvements to access and safety for road users with mobility, sight, or other disabilities; and (ii) The cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions. (b) Except as provided in (d) of this subsection: (i) The automated traffic safety camera program revenue used by a county or city with a population of 10,000 or more for purposes described in (a)(i) of this subsection must include the use of revenue in census tracts of the city or county that have household incomes in the lowest quartile determined by the most currently available census data and areas that experience rates of injury crashes that are above average for the city or county. Funding contributed from traffic safety program revenue must be, at a minimum, proportionate to the share of the population of the county or city who are residents of Certified on 7/12/2024 118 RCW 46.63.220 Page 3 these low-income communities and communities experiencing high injury crash rates. This share must be directed to investments that provide direct and meaningful traffic safety benefits to these communities. Revenue used to administer, install, operate, and maintain automated traffic safety cameras, including the cost of processing infractions, are excluded from determination of the proportionate share of revenues under this subsection (13)(b); and (ii) The automated traffic safety camera program revenue used by a city or county with a population under 10,000 for traffic safety activities under (a)(i) of this subsection must be informed by the department of health's environmental health disparities map. (c) Except as provided in (d) of this subsection, beginning four years after an automated traffic safety camera authorized under this section is initially placed and in use after June 6, 2024, 25 percent of the noninterest money received for infractions issued by such cameras in excess of the cost to administer, install, operate, and maintain the cameras, including the cost of processing infractions, must be deposited into the Cooper Jones active transportation safety account created in RCW 46.68.480. (d)(i)(A) Jurisdictions with an automated traffic safety camera program in effect before January 1, 2024, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 and 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection, by: (I) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under RCW 46.63.230; and (II) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under RCW 46.63.250(2)(c). (B)(I) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under RCW 46.63.230, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under RCW 46.63.230, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection. (II) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) as of January 1, 2024, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under RCW 46.63.250(2)(c), may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection. (C) For the purposes of this subsection (13)(d)(i), a location is: (I) An intersection for automated traffic safety cameras authorized under RCW 46.63.230 where cameras authorized under RCW 46.63.230 are in use; and (II) A school speed zone for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) where cameras authorized under RCW 46.63.250 (2) (c) are in use. Certified on 7/12/2024 RCW 46.63.220 Page 4 119 (ii) The revenue distribution requirements under (a) through (d)(i) of this subsection do not apply to automated traffic safety camera programs in effect before January 1, 2024, for which an ordinance in effect as of January 1, 2024, directs the manner in which revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 or 46.63.250(2)(c) must be used. (14) A county or city may adopt the use of an online ability -to - pay calculator to process and grant requests for reduced fines or reduced civil penalties for automated traffic safety camera violations. (15) Except as provided in this subsection, registered owners of vehicles who receive notices of infraction for automated traffic safety camera -enforced infractions and are recipients of public assistance under Title 74 RCW or participants in the Washington women, infants, and children program, and who request reduced penalties for infractions detected through the use of automated traffic safety camera violations, must be granted reduced penalty amounts of 50 percent of what would otherwise be assessed for a first automated traffic safety camera violation and for subsequent automated traffic safety camera violations issued within 21 days of issuance of the first automated traffic safety camera violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying criterion under this subsection. Registered owners of vehicles who receive notices of infraction must be provided with information on their eligibility and the opportunity to apply for a reduction in penalty amounts through the mail or internet. (16) Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera may not exceed $145, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period, but may be doubled for a school speed zone infraction generated through the use of an automated traffic safety camera. (17) If the registered owner of the vehicle is a rental car business, the issuing agency must, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail: (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this Certified on 7/12/2024 120 RCW 46.63.220 Page 5 statement to the issuing agency relieves a rental car business of any liability under this chapter for the notice of infraction. [2024 c 307 s 2 . ] Certified on 7/12/2024 RCW 46.63.220 Page 6 121 122 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes September 9, 2024- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Eric Lund, Eric Dreyer Staff Present: Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Automated Traffic Safety Cameras Staff is seeking approval of an ordinance that would amend Tukwila Municipal Code 9.53 to *update the RCW reference and infraction fines for automated traffic safety cameras in park and school speed zones. Committee Recommendation: Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Grant Acceptance: Local Parks Maintenance Staff is seeking approval to accept a grant award from the Washington State Recreation & Conservation Office's Local Parks Maintenance program in the amount of $76,000 for the Crystal Springs Park Lighting Replacement Project. Committee Recommendation: Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. II. MISCELLANEOUS The meeting adjourned at 5:47 p.m. IV' Committee Chair Approval Minutes by LH 123 124 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/16/24 Tony ITEM INFORMATION ITEM NO. 6 STAFF SPONSOR: TONY ORIGINAL AGENDA DATE: 9/16/24 AGENDA ITEM TITLE 2025 - 2026 Introduction To Budget Discussions CATEGORY ® Discussion Mt Date 9/16/24 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Leadership will be leading the 2025-26 Budget Development discussion. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Finance Report COMMITTEE Discussion only COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 9/16/24 Informational Memorandum PowerPoint 125 126 City of Tukwila Tom McLeod, Mayor Finance Department INFORMATIONAL MEMORANDUM TO: City Council CC: Mayor McLeod FROM: Tony Cullerton, Deputy Finance Director DATE: September 16, 2024 SUBJECT: 2025-26 Budget Development Process Introduction Discussion Issue Present the introduction to an ongoing dialogue regarding the development of the 2025-26 biennial budget process, including an overview of major themes and priorities, factors informing a balanced budget proposal and what to expect over the next several weeks. Background Deliberation of the 2025-26 budget begins now. This budget cycle comes with additional complexities, including a shrinking of revenue streams and rising expenses across various sectors. Although the City is built on a strong core foundation that positions it for long-term financial stability, the immediate future will require thoughtful deliberations and challenging decisions. These decisions may involve trade-offs that could limit the City's ability to meet all desired outcomes. Discussion As the City embarks on the development of the 2025-2026 biennial budget, it does so with some new revenue capacity. This is largely attributed to the City's recent participation in the Regional Fire Authority and the introduction of a new Business & Occupation Tax, which is specifically designed to provide support for public safety services. Nonetheless, the City is also struggling with declining sales tax revenues as the Sales Tax Mitigation program continues to diminish, reducing a previously reliable income source. Moreover, the end of ARPA funding has left the City without additional financial resources to support ongoing expenses. Unfortunately, expenditures continue to grow at a faster rate than revenues, driven by factors such as rising contractual labor costs, increased inflation across the board, and escalating insurance liabilities. The Mayor and Administration will provide an overview of major themes and priorities, budget balancing factors and what to expect over the next several weeks in presenting the proposed 2025- 26 operation and capital budget. The conversation will also focus on outlining the next steps in the 1 127 budget development process, with an emphasis on navigating the financial complexities that lie ahead. Recommendation For information and discussion. Attachments Budget Development Process slide presentation. 128 September 16t" Regular City Council Meeting CITY OF TUKWILA 2025-26 x 1 i BUDGE DEVELOPMENT PROCESS Pripr )9N, The City of opportunity, the community of choice. W 0 Regular Council Meeting September 16, 2024 Tonight's Agenda • Mayor's Message • About Developing the 2025-26 Budget • The Headlines • Schedule and Next Steps • Questions and Discussion ICity of Tukwila 2025-26 Budget Development 2 Mayor's Priorities 2025-26 Budget Key Focus Areas • Community safety and security (Public Safety) • Celebrate Tukwila's diversity, community connections and tourism potential • Greater organizational accountability and efficiency • Establish greater fiscal constraints and spending controls • Leverage opportunities to deliver "next level" customer service • Re-examine our commitment to capital projects with an aging city infrastructure • Continue to invest in city staff with necessary tools and support • Create more housing opportunities, both affordable and market rate City of Tukwila 2025-26 Budget Development 3 W N dpr. Rim Trail seMatoter • .. nor.. r n.�iu .ma o.. City of Tukwila Financial Sustainability Plan April 2024 I Final Report Informing the 2025-26 Budget - Financial Sustainability Plan SOS Be Good Stewards of Public Resources. Build a culture of continuous improvement and implement approaches and tools to improve the City's efficiency and effectiveness2. 0 2. Invest in the Tukwila Community's Highest Priorities. Align services with community priorities and prudently manage the tax burden on residents and businesses. 3. Invest in Tukwila's Future. Make targeted investments to achieve long-term cost savings and improved outcomes for the Tukwila community. City of Tukwila 2025-26 Budget Development 4 How & Why We're Developing the Budget Differently This Year.... • 2023-24 Bridge Budget - "3-legged stool" 1) Use of One -Time Funds 2) New revenues - B&O Tax; Contingency Fund - one time use 3) Attrition and vacancies - held open positions (frozen) • Staff Turnover & Transitions • Inflationary forces • Post pandemic reconciliations • Collective Bargaining Agreements • Salaries and Wages - remaining competitive • ARPA • B&O Tax • Minimum Wage • Puget Sound Regional Fire Authority transition • Equity lens - ensuring all voices heard • Multi -faceted community outreach City of Tukwila 2025-26 Budget Development 5 "The Headlines" Returning tax capacity to Tukwila taxpayers, while retaining necessary resources to mitigate the City's structural imbalance and investing in key service level enhancements benefiting the community. Revenues • Sales Tax Mitigation Payments conclude • ARPA funding concludes • B&O Tax set at minimum level • Reduced grant levels Expenses • Labor & Personnel Costs • Inflation • Fleet reform • Increased insurance liability City of Tukwila 2025-26 Budget Development 6 Major Issues Driving Fiscal Policy Decisions • Public Safety Investments • Southcenter Mall Officers • Mental Health Co -Responders • Neighborhood Safety • Repair & Replacement of Critical City Infrastructure • Public Works Shop • Other City Facilities and Infrastructure • Organizational Efficiencies & Financial Sustainability • Increased fiscal responsibility & accountability City of Tukwila 2025-26 Budget Development 7 Budget Calendar & Next Steps City of Tukwila 2025-26 Budget Development 8 Budget Calendar (Sept -Oct) September 23 Committee of the Whole & Special Meeting - Overview of Public Engagement & Outreach Results: Community liaisons presentation; community survey results; Financial Sustainability Committee recommendations; Community events & advisory committee meetings Presentation of Other Funds Part 1: (Special Revenues: Fund 109- Drug Seizure Fund; Fund 101- Lodging Tax); (Debt Service: Fund 2XX LTGO Debt Service Fund; Fund 213- UTGO Bonds; Fund 206- LID Guaranty; Fund 233- 2013 Local Improvement District); (Internal Service: Fund 501- Equipment Rental; Fund 502- Employee Healthcare Insurance Fund; Fund 503- LEOFF 1 Retiree; Fund 611- Firemen's Pension); Fund 302 Urban Renewal*; Fund 305 Public Safety Fund*; October 1 Estimates filed by department heads with complete financial program (RCW 35A.33) Tentative/Optional - Special Meeting - Presentation of Other Funds Part 2: (Proprietary Funds: Fund 401- Water; Fund 402 Sewer; Fund 412 Surface Water; Fund 411 Foster Golf Course) City of Tukwila 2025-26 Budget Development 9 Budget Calendar (Oct) October 7 Mayor provides council with estimates of revenues from all sources for consideration of setting property tax levy (RCW 35A.33) Work Session Overview of General and Contingency Funds (Fund 000- General Fund)- revenue and expense history; 6 year financial forecast; revenue and expenditure drivers (Fund 105- Contingency Fund) - policy levels and triggers Department Snapshots (Part 1)- overview of revenue and expenses, and work plan highlights Regular Meeting Department Snapshots (Part 2)- overview of revenue and expenses and work plan highlights Preliminary Council Questions/Discussion/Deliberations City of Tukwila 2025-26 Budget Development 10 Budget Calendar (Oct) October 14 Estimates filed by department heads with complete financial program (RCW 35A.33) Committee of the Whole Capital Budget Overview (Fund 301 Parks, Trails & Open Space; Fund 103 Residential Streets; Fund 104- Bridges & Arterial Streets; Fund 401- Water; Fund 402 Sewer; Fund 412 Surface Water; Fund 303 General Improvements; Fund 304 Fire Improvements) October21 Work Session Council Deliberations and Policy Discussions Regular Meeting Mid -October to mid -November (approx.) Public hearing on revenue sources including possible changes in property tax (RCW 35A.33) City of Tukwila 2025-26 Budget Development 11 Budget Calendar (Oct -Nov) October 28 Committee of the Whole Public Hearing- Tax Levy Legislation: ordinance increasing regular levy; ordinance levying general taxes. Special Issues- Tax Levy Legislation: ordinance increasing regular levy; ordinance levying general taxes; Resolution adopting PW Consolidated Fee Schedule; Ordinance adopting Park and Fire Impact Fees November 2 Mayor prepares preliminary budget, budget messages, files with clerk pnr-1 council (RCW35A.33) Nov. 1-18 (approx.) Publication notice of preliminary budget and final hearing (RCW 35A.33) Nov. 1-25 (approx.) Public hearing(s) on preliminary budget (RCW 35A.33) City of Tukwila 2025-26 Budget Development 12 Budget Calendar (Nov) Work Session Regular Meeting Public Hearing: 2025-26 Biennial Budget: Ordinance adopting 2025- November 4 26 Budget; Ordinance amending 2023-24 Budget Unfinished Business: 2025-26 Biennial Budget: Ordinance adopting 2025-26 Budget; Ordinance amending 2023-24 Budget; Tax Levy Legislation- ordinance increasing regular levy; ordinance levying general taxes. Work Session Tentative Budget November 18 Adoption Regular Meeting Unfinished Business: 2025-26 Biennial Budget: Ordinance adopting 2025-26 Budget & Financial Planning Model & CIP; Ordinance amending 2023-24 Budget City of Tukwila 2025-26 Budget Development 13 Budget Calendar (Nov -Dec) November21 Copies of the Budget available to the public (RCW 35A.33) November 25 Committee of the Whole November 30 Property tax levies set by ordinance and filed with county (RCW 35A.33) December 2 Final budget hearing (RCW 35A.33) Regular Meeting December 9 Committee of the Whole & Special Meeting December 16 Work Session Regular Meeting December 31 Budget adoption deadline (RCW 35A.33) City of Tukwila 2025-26 Budget Development 14 Questions & Discussion City of Tukwila 2025-26 Budget Development 15 CITY OF TUKWILA 2025-26 x 1 1 BUDGE DEVELOPMENT PROCESS te41 Ana it The City of opportunity, the community of choice. TO: City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: September 10, 2024 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Sound Cities Association Mayors Meetings: Mayor McLeod attended Sound Cities Association Mayors meetings on August 13 and 20 and September 10. • King County Flood Control District: Mayor McLeod and staff participated in King County Flood Control District Advisory Committee meetings on August 14 and 22. • South King Housing and Homelessness Partners (SKHHP): On August 16 Mayor McLeod participated in a SKHHP Board meeting. • Food Waste Reduction at Tukwila School District: The Tukwila School District is rolling out a food waste collection program from the school cafeterias. Public Works staff were on hand for the first day of the roll -out to help train students and work with custodians. At the end of the first day Tukwila Elementary reduced their garbage from 9 cans to 1 can and Thorndyke Elementary reduced their garbage collection by 50%. II. Community Events • Pickleball Courts Grand Opening: On August 8 Mayor McLeod helped celebrate National Pickleball Day at the Tukwila Community Center by cutting the red ribbon during our Grand Opening Celebration of four new pickleball courts. Mayor McLeod and several other pickleball VIPs were presented with gold paddles to kick off the afternoon of pickling where over 60 other pickleball enthusiasts and friends joined in on the fun and community potluck. The courts are open from dawn to dusk for open play. • Hullabaloo Festival: Tukwila community members enjoyed the first annual Hullabaloo Festival on August 17. The event featured food trucks, art and craft vendors, and fun games. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 145 City Administrator's Report September 10, 2024 Page 2 • End of Summer Bash: The End of Summer Bash was held at the Tukwila Community Center on August 30. Approximately 200 community members attended the event and enjoyed food, games and watched Kung Fu Panda 4 outside with our new donated projectors from Tempest Technologies and T-Mobile. • Paint Collection Event: On September 21 a Paint Collection Event will be held at Tukwila Community Center from 9 a.m. - 3 p.m. Accepted Materials: o Urethanes o Oil -based and Latex -based Paints o Acrylic Paint o Varnishes, Shellacs and Lacquers o Primers o Clear Coatings Not Accepted: o Spray Paints, Marine and Auto Paints o Household Hazardous Waste o Electronics o Paint Thinner o Driveway Sealers iii. Staff Updates Public Safety • TIBAC Meeting: Deputy Chief Eric Lund attended a TIBAC meeting on August 13. The Board is planning a clean-up in front of the Justice Center in September. • School Resource Officers: The Tukwila Police Department is working with the Tukwila School District to bring back the two school resource officers to Showalter Middle School and Foster High School. Project Updates • Schneider Homes Rezone: The Superior Court reversed the Council's denial of the Schneider Homes rezone and comprehensive plan amendment and remanded it back to Council to hold another open record hearing. Staff will work with the City Clerk to identify a new hearing date. Action on the rezone will need to be coordinated with the Comprehensive Plan adoption. • Community Van Program: The Transportation Demand Management team is working with Metro to establish a Community Van program in Tukwila. Metro provides the van and community members can schedule group trips as a volunteer driver or passenger. Vehicles are typically hosted by local cities or community organizations which help promote the service. Trips can be requested for one-time or recurring trips for anything from grocery store runs, local events, medical appointments, shopping, food bank or other resources. The cost is free for the volunteer driver and the same cost as a bus ride for passengers ($2.75 for adults or reduced fare, free for youth). The service will start with 3 vans and then add up to a total of 7 vans. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 146 City Administrator's Report September 10, 2024 Page 3 • Comprehensive Plan: On August 28 staff hosted an open house for the comprehensive plan to answer questions from the public and take input as the final plan is wrapped up and begins the regional review process. Public Hearings will be held on September 23 and November 18 and final adoption by the Council is scheduled for December 9. The Plan must be adopted before the end of 2024. • Planning Commission Middle Housing Development Tour: On August 22 the Planning Commission toured local middle housing developments in Tukwila, SeaTac and Burien in anticipation of updates to Tukwila's residential standards regarding middle housing. • Legacy Debris Cleanup Project: Over the course of two weekends in July and August, the Puget Soundkeeper Alliance and dozens of volunteers removed 3.8 tons (7600 pounds) of garbage from the Duwamish River as part of its Legacy Debris Cleanup Project. Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for September 18, 2024. VACANT: 1 Community Member position and Student Representative. 1 application received. • Civil Service Commission: The next meeting is scheduled for September 19, 2024. No vacancies. • COPCAB: The next meeting is scheduled for September 12, 2024. VACANT: Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for October 3, 2024. 1 City Employee position term expires March 31, 2025. 1 Education/Community position term expires March 31, 2025. 2 Community positions terms expire March 31, 2025. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for October 17, 2024. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 2 Resident positions and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for September 10, 2024. 4 Resident position terms expire March 31, 2025. VACANT: 1 Resident position. • Lodging Tax Advisory Committee: The next meeting is scheduled for September 13, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for September 11, 2024. 3 Community position terms expire March 31, 2025. No vacancies. • Planning Commission: The next meeting is scheduled for September 26, 2024. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 147 City Administrator's Report September 10, 2024 Page 4 IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response August 19, 2024, Council Workshop How many residents are served by Tukwila water and sewer? There are 2,298 Tukwila Water customers, 1,876 Tukwila Sewer customers, and 1,823 customers who are provided both water and sewer. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 148 UPCOMING MEETINGS AND EVENTS SEPTEMBER 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in person and virtual attendance available. SEP 16 MON SEP 17 TUE SEP 18 WED SEP 19 THU SEP 20 FRI SEP 21 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting NEIGHBORHOOD NEIGHBORHOOD LEGAL CLINICS INFO SESSION First come, first served. 10:30 AM —1:00 PM Tukwila Library 14380 Tukwila Intl Blvd Click here for information. �i a PIPE so` o �, COMMUNITY EMERGENCY RESPONSE TEAM Free CERT sessions. Learn basic response and organizational skills to save 9 lives and protect property. Sep 26 thru Nov 16 Session 1: 1:00 PM Session 2: 6:00 PM Click here to register. * Civil Service Commission 5:00 PM 6300Building —2"dFl Duwamish Conference Hybrid Meeting (4) FREE EMERGENCY PREPAREDNESS WORKSHOP Workshop discussion will cover the critical elements that your emergency plan needs to keep you and your household safe during a disaster. 6:30 PM — 8:30 PM Tukwila Community Center 12424 42nd Ave S Click here to register. {�{/� ��j 7 stfie SOUTHCENTER HISPANIC HERITAGE MONTH EVENT This is an unforgettable event filled with vibrant culture, delicious food samples, and lively entertainment! Spin and win exciting prizes. 4:00 PM — 5:00 PM South Entry by Duke's Seafood Click here for information. GREENTUKWILA RESTORE DUWAMISH Join us to clear blackberry make room for planting 10:00 AM —1:00 Duwamish Hill Preserve 3800 S 115th Click here to register. HILL and season! PM St event of your PM Center S Tukwila Village _ Farmers Market 3:00 PM — 6:00 PM Tukwila Village Plaza 14350 Tukwila Intl Blvd * Arts Commission 6:00 PM Tukwila CommunityCenter Hybrid Meeting GreenSheen EEO- fr, FREE PAINT RECYCLING COLLECTION Join us for an eco-friendly to safely dispose unwanted paint. 9:00 AM — 3:00 Tukwila Community 12424 42n° Ave Click here to register. SEP23 MON SEP24 TUE SEP25 WED SEP26 THU SEP27 FRI SEP28 SAT * Finance and Governance Committee Meeting 5:30 PM City Hall — Hazelnut Rm Hybrid MeetingDONATE y * Transportation and Infrastructure Committee Meeting 5:30 PM 6300 Building - 2"d Fl Duwamish Conference Hybrid Meeting * City Council Committee of the Wholem 7:00 PMeeting City Hall Council Chambers Hybrid Meeting Special Meetingto follow P Committee of the Whole Meeting. Give Blood = Save 3 Uves AND ENTER TO WIN BILLIE EILISH TICKETS AND $500 GIFT CARD. It takes 1,000 donors a day to sustain a blood supply for PP y patients in our community. Click here to schedule an appointment. Or call 1-800-398-7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Click here for information * Planning CommissionWASH 6:30 PM City Hall Council Chambers Hybrid Meeting FREE DISASTER MOVIE We will watch the documentary 'Surviving Disaster: How the Brain Works Under Extreme Duress." Popcorn and concession snacks provided. 7:00 PM Tukwila Community Center 12424 42"d Ave S Click here to register. i KWILA GREENTUPARTNERSHIP A WALK IN THE PARK — GREEN RIVER TRAIL Learn about the Duwamish River, identify native plants, and discuss the importance of urban forests. 10:00 AM —11:30 AM Tukwila Community Center 12424 42nd Ave S Click here to register. NGTON DAY is one when you Pass. Tukwila Village Farmers Market 1 _* QrF Qr• FREE STATE PARKS WA State Parks' birthday of the 12 days a year do not need a Discover Click here for information. EBT accepted and summer meals for families are provided. 3:00 PM — 6:00 PM Tukwila Village Plaza g 14350 Tukwila Intl Blvd0 DISASTER BOOK CLUB "FULL -RIP 9.0" We will be reading and discussing the book "Full -Rip 9.0" by Sandi Doughton. 7:00 PM Tukwila Justice Center 15005 Tukwila Intl Blvd Click here for information. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM — 4:00 PM aw wai z ,Es. SEP 21 - FREE Free eco-friendly SEP 21 & 27- SEP 25 — DISASTER We will be reading SEP 26 — FREE We will be watching SEP 26 — PUBLIC City Council ** SPIRfi OF Help a Tukwila happy winter ** SHARE YOUR The City Council SEP 15 — FREE SEAHAWKS WATCH PARTIES TUKWILA COMMUNITY CENTER -12424 42"d AVE S Join us in the lobby with other fans on: Sep 15, 22 & 30 Oct 6, 10, 20 & 27 Nov 3, 17 & 24 Dec 8 & 15 SEP 15 - FREE COMMUNITY PLAY DAY 12:00 PM — 3:00 PM TUKWILA COMMUNITY CENTER -12424 42"d AVE S Free event for all ages. Have a fun day of sports, games, live music, yummy food and more! Lunch included! Click here to register. SEP 19 - FREE EMERGENCY PREPAREDNESS WORKSHOP 6:30 PM — 8:30 PM TUKWILA COMMUNITY CENTER -12424 42"d AVE S We will discuss critical elements that your emergency plan needs for keeping you and your household safe during a disaster. Click here to register. PAINT RECYCLING COLLECTION 9:00 AM — 3:00 PM TUKWILA COMMUNITY CENTER -12424 42nd AVE S event to safely dispose of your unwanted paint. Click here to register. For questions, email events@greensheenpaintcom. GREEN TUKWILA EVENTS - See above for more information. BOOK CLUB 7:00 PM TUKWILA JUSTICE CENTER —15005 TUKWILA INTERNATIONAL BLVD and discussing the book "Full -Rip 9.0" by Sandi Doughton. Click here for information. DISASTER MOVIE 7:00 PM TUKWILA COMMUNITY CENTER -12424 42"d AVE S the documentary "Surviving Disaster". Popcorn and concession snacks provided. Click here to register. HEARING ON COMPREHENSIVE PLAN ELEMENTS 6:30 PM TUKWILA CITY HALL — 6200 SOUTHCENTER BLVD will hold a public hearing on the 10 elements of the Comprehensive Plan. Click here for the Comprehensive Plan drafts. GIVING DONATIONS DUE ON OR BEFORE DEC 1 TUKWILA COMMUNITY CENTER -12424 42"d AVE S child and their family this season. Your monetary donations and/or donations of toys, cozy items, hygiene essentials and gift cards will help ensure a healthy, for Tukwila families experiencing homelessness. Checks or Venmo accepted. Click here for information. INPUT ON THE 2025-2026 BIENNIAL BUDGET! is dedicated to creating a budget that mirrors the community's priorities! Residents can select and rank their top service priorities. Click here for information. n" .Qa FOOD BANK OPENS: TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:00 PM 3118 S 140TH ST, TUKWILA 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. Donations can be dropped off on Tuesday -Saturday from 8 AM —11 AM or by appointment. King County FREE METRO Sign up for FREE SIGN Stay informed TRANSIT FOR YOUTHS 18 AND YOUNGER a free Youth ORCA Card. Click here to register. UP FOR ALERT KING COUNTY NOTIFICATIONS about potential hazards and threats that impact your area. You will receive safety information during an emergency. Click here to register. ON METRO PARATRANSIT SERVICES Transportation! Metro wants to hear from Access riders, caregivers to Access riders and service providers. Multiple languages below. Click here to listen. REDUCTION SUPPLIES FOR AGES 6-12 Worker Program consists of virtual or home visits to educate patients with asthma and their families and equip them with the tools to improve their SURVEY Help shape the future of Access for the survey. Click here FREE ASTHMA CARE AND The Asthma Community Health health. Click here to register. nSCHEDULE YOUR FREE BULK ITEM PICKUP! Tukwila residents can schedule a pickup of up to 4 free non -appliance bulky items, plus extra trash and smaller items. Click here for information. Recology To schedule pickup, call 206-944-3900 or email Tukwila@recology.com. 149 150 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. SEPTEMBER No Council 2 SEPTEMBER 9 See below links for the agenda to view the agenda items: September 9, 2024 Committee of the Whole Meeting SEPTEMBER 16 See below links for the agenda packets to view the agenda items: September 16, 2024 Work Session September 16, 2024 Regular Meeting SEPTEMBER 23 PUBLIC HEARING 2023-2024 Tukwila Comprehensive Plan Update. SPECIAL ISSUES - 2023-2024 Tukwila Comprehensive Plan Update. - Discussion on 2025-2026 Biennial Budget: (1) Responsive and Representative Government (2) Health and Safety (3) Program Support Special Meeting to follow Committee of the Whole Meeting. * -` * - HAPPYpackets LABORDAY THANK YOU FOR YOUR HARD WORK —*lf* — meeting or Work Session due to the holiday. City offices are closed. MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. INOCTOBER 7 WORK SESSION 2025-2026 Biennial Budget: Recommended adjustments and changes to preliminary draft operating and capital budget. REGULAR MEETING CONSENT AGENDA - Amendment to Ordinance 2532 regarding Library Advisory Board. - Accept a Department of Ecology Water Quality Grant Award for Stormwater Outfall Retrofit Part 2. - A resolution on unclaimed property. - A resolution authorizing the cancellation of past due accounts receivables. - Future of Work and Facilities Review. - Contract Amendment — Stormwater WQ Retrofit. - Contract Amendment — 2023 Annual Small Drainage. - Contract Amendment — Gilliam Creek Fish Barrier Removal Project. - Agreement for Broker and Listing Services for UPS property. UNFINISHED BUSINESS Discussion on 2025-2026 Biennial Budget: (1) Utilities & environment (2) Livable community (3) Capital Improvement Program (CIP) (4) Mobility (5) Internal operations OCTOBER 14 SPECIAL ISSUES - 2025-2026 Biennial Budget Presentations: (a) Capital Improvement Program (b) Mobility (c) Internal Operations - 2025 State Legislative Agenda - Quarterly B&O Tax report — information only. OCTOBER 21 WORK SESSION Transportation Element update. REGULAR MEETING CONSENT AGENDA - 2025 State Legislative Agenda - Contract Approval: Crystal Springs Lighting Replacement. Streamlining the Permitting Process and Implementing Provisions of the Local Project Review Act. - A resolution amending the Land Use fees. UNFINISHED BUSINESS Grant Acceptance of King County Youth Amateur Sports grant in the amount of $100,000.00. OCTOBER 28 PUBLIC HEARING - Tax Levy Legislation: (1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing January 1, 2025. (2) An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 2025. - Tukwila South Development Agreement SPECIAL ISSUES - Tax Levy Legislation: (1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing January 1, 2025. (2) An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 2025. Contracts for City Attorney and Public Defense services. - An ordinance adopting impact fees. - A resolution adopting a consolidated Public Works Fee Schedule. - Tukwila South Development Agreement