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HomeMy WebLinkAboutReg 2012-12-03 COMPLETE AGENDA PACKET REGULAR MEETING Jim Haggerton,Joe DuffieDennis Robertson David Cline,Allan EkbergKathy Hougardy Verna Seal,De’Sean QuinnKate Kruller Monday, December 3, 2012; 7:00 Ord #2388 Res #1781 PM 1.CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL a.Swearing in of Sergeant Todd Rossi. 2.SPECIAL PRESENTATIONS b.Recognition of a calendar cover award winner from the Foster Golf Course. 3.CITIZENAt this time, you are invited to comment on items on this agenda COMMENTTo comment on an itemon this agenda, please save your comments until the issue is presented for discussion. 4.CONSENT a.Approval of Vouchers. AGENDA b.Authorize the Mayor to sign acontract with Kirshenbaum & Goss, Inc., Pg.1 PS, for video public defense services for 2013-2014 in the amount of $1,890.00per month. c.Authorize the Mayor to sign a contract with Ball Janik, LLP, for federal Pg.13 representation and legislative services for 2013-2014 in an amount not to exceed $75,600.00 per year. d.Authorize the Mayor to award a contract to Bates Roofing, LLC, for the Pg.27 Tukwila Pool Roof Project in the amount of $80,750.56. e.Authorize the Mayor to award a contract to Evergreen Asphalt and Pg.49 Concrete for the Tukwila Pool Parking Lot and Access Improvements Project in the amount of $82,070.25. 5.PUBLIC HEARINGAn ordinance adopting a Development Agreement for Tukwila Village.Pg.69 6.UNFINISHED a.An ordinance adopting a Development Agreement for Tukwila Village. Pg.69 BUSINESS Pg.113 b.Budget and Capital Improvement Program: (1)An ordinance amending Ordinance No. 2319, which adoptedthe City of Tukwila’s biennial budget for the 2011-2012 biennium, to adopt an amended biennial budget. (2)An ordinance adopting the biennial budget of the City of Tukwila Pg.121 for the 2013-2014 biennium. (3)A resolution adopting the 2013-2018 Financial Planning Model and Capital Improvement Program for general government and the City’s enterprise funds. p REGULAR MEETING Monday, December 3, 2012 Page 2 6.UNFINISHED c.An ordinance relating to contracting indebtedness; providing for the Pg.129 BUSINESSissuance, sale and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Metropolitan Park District, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the city’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. d.Authorize the Mayor to sign a contract with Kenyon Disend, PLLC, for Pg.149 2013-2014 legal services in the amount of $37,105.00 per month, plus expenses. e.Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Inc., Pg.151 PS, for 2013-2014 public defender services in the amount of $12,000.00 per month for a caseload of 120. In months where the caseload exceeds 120, the contractor shall be paid at a rate of $100.00 per case. f.A resolution fixing the time for a public hearing for vacation of right-of-Pg.153 way within the City of Tukwila dedicated for street purposes, generally described as portions of South 178th Street. 7.NEWBUSINESSA resolution declaring an emergency in response to damages to public Pg.165 property due to a collapsed stormwater pipe. a.Mayor 8.REPORTS b.City Council c.Staff -City Administrator ReportPg.173 d.City Attorney e.Intergovernmental 9.MISCELLANEOUS 10.EXECUTIVE SESSION 11.ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800or TukwilaCityClerk@TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic riles of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four-year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land-use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS • ----------------------------------Initials--------------------------------- ITEM NO. Meeting Date Pn and by A ors review Council review 0 12/03/12 CT 4. B. ITEM INFORMATION STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATI's: 12/03/12 AGENDA ITEM TITT.E Agreement with Kirshenbaum &Goss, Inc. PS for Video Public Defense Services CATEGORY ❑ Dismssion ®MotonlConsent ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing ❑ Other Mtg Date Mtg Date 12/03/12 Mtg Date Mt Date Date Mtg Date Mtg Date Mtg Date SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑IT ❑P&R ❑Police ❑PWI SPONSOR'S This agreement covers video public defender services for indigent criminal defendants who SUMMARY qualify for appointment counsel. The existing agreement expires December 31, 2012. The new agreement is effective January 1, 2013 through December 31, 2014. The costs have increased from $1,800 per month to $1,890 per month. RF_VIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑Parks Comm. ❑ Planning Comm. DATE: 11/20/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $45,360.00 2 yr term $46,000.00 2 yr term $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated 11/9/12 Contract for Services Minutes from the Finance and Safety Committee meeting of 11/20/12 1 2 City of Tukwila Jim Haggerton, Mayor ••= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: David Cline BY: Joyce Trantina DATE: November 9, 2012 SUBJECT: Contract for Video Public Defense Services ISSUE The current contract for video public defender services provided by Kirshenbaum & Goss expires December 31, 2012. Attached is a proposed contract for 2013-2014. BACKGROUND The City of Tukwila (Tukwila Municipal Court) contracts for video public defender services including: • Daily video court public defense services to defendants who are detained at the SCORE Jail and qualify for public defense services. DISCUSSION Under the current and proposed contracts, public defender services are provided at a flat monthly rate. The 2011/2012 rate for these services is $1,800 per month. Staff is recommending an increase of 5%, or$1,890 per month for the 2013-2014 contract. RECOMMENDATION It is recommended that this contract be forwarded to the December 3, 2012 Regular Meeting Consent Agenda for approval. ATTACHMENTS Draft Contract for Video Public Defender Services, 2013-2014 3 4 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirschenbaum & Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall certify compliance with the standards required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached hereto as Exhibit C and shall be filed quarterly with the Tukwila Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services. rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013, and ending December 31,2014, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of$1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty(30)days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory,mental or physical handicap. 10. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the -2 - KirschenbaumVideo2013-2014-FINALdoc 6 agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. 12. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila,Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County,Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. DATED this day of ,2012. CITY OF TUKWILA CONTRACTOR: Kirschenbaum&Goss, Inc. By: Mayor Jim Haggerton Title: Attest/Authenticated: Approved as to Form: Christy O'Flaherty,City Clerk Office of the City Attorney - 3 - KinchenbaumVideo2013-2014-FINALdoc - EXHIBIT A--SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney office. In particular,Contractor agrees to: A. Provide daily video court public defense services to defendants charged under ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. -4- KinchenbaumVideo2013-2014-F3NAL.doc 8 EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT I' 2013-2014, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of$1,890.00. 2. The Contractor shall bill the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The first payment shall be made on or before January 20, 2013 and by the 201h day of each and every month thereafter. Payment by the City for the services will only be made after the services have been performed and an invoice has been submitted in a form acceptable to the City. - 5 - KicschenbaumVideo2013-2014-FINAL.doc 9 EXHIBIT C—CERTIFICATION OF COUNSEL IN THE MUNICIPAL COURT FOR THE CITY OF TUKWILA STATE OF WASHINGTON FOR KING COUNTY CITY OF TUKWILA, Plaintiff, vs. CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR Defendant. 3.1/CrRLJ 3.1/JuCR 9.2 1. Approximately % of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigation services as appropriate,in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective September 1, 2013: I should not accept a greater number of cases (or a proportional mix of different case types)than specified in Standard 3.4,prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] Defendant's Lawyer,WSBA No. Date - 6 - KirschenbaumVideo2013-2014-FINAL.doc 10 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes November 20, 2012—5:15p.m.; Conference Room 93 PRESENT Councilmembers: De'Sean Quinn,Chair and Kate Kruller Absent: Dennis Robertson Staff: Jack Pace,Minnie Dhaliwal, David Cline,Trish Kinlow and Joyce Trantina CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:20 p.m. 1. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Legal Services-Kenyon Disend,PLLC Staff is seeking Council approval to enter into contract with Kenyon Dispend,LLC for legal services to be provided during the 2013-14 biennium. General City Attorney services are provided at a flat monthly rate. Special services are subject to prior approval and are billed at the hourly rates of the contractor staff involved. These rates are attached to the proposed 2013-2014 contract. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 FOR DISCUSSION. B. Contract: Public Defender Services-Kirshenbaum &Goss, Inc. P.S. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender services to be provided during the 2013-14 biennium. The monthly contract rate for the biennium will be $12,000 for up to 120 cases per month. Caseloads in excess of 120 will be billed at$100.00 per case. The contract amount base rates increased from the 2011- 2012 rates from $10,315.80 and $85.00, respectively. Previous contracts contained a CS1 escalator which has not been utilized since 2010. The $85.00 rate for cases over 120 has not been adjusted since 2008. A State court mandate limiting caseloads for public defenders may affect contract costs in September, 2013 and staff will be addressing this issue in the second quarter of next year. Staff will also take the necessary steps to make sure that contracts do not over-lap. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 COW FOR DISCUSSION. C. Contract: Video Public Defense Services-Kirschenbaum &Goss, Inc. P.S. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public defense services to be provided during the 2012-13 biennium in the amount of$45,360. The monthly contract flat rate for the biennium will be $1,890 per month, a $90 per month increase compared to 2011-2012. This contract is coming forward for Council approval since the biennium contract rate will exceed $40,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. D. Contract: Legislative Services—Ball Janik, LLC This is a renewal contract for legislative services with Ball Janik, LLP for the representation of the City of Tukwila in Washington, D.C. and on federal issues. The contract language remains the same as the current contract with the exception of updates made to the City's standard contract for services, which includes additional indemnification and insurance clauses. The 11 12 CO UNCIL AGENDA SYNOPSIS ----------------------------------Initials--------------------------------- ITEMNO. Meetinga Date Prepared by Ma or'.r review Council review 12/03/12 KAM 4.C. ITEM INFORMATION STAFF SPONSOR: KIMBERLY MATEJ ORIGINALAGENDA DATE: 12/03/12 AGENDA ITEM T1TLE 2013-2014 Contract for Services with Ball Janik, LLP for federal representation and legislative services. CATEGORY ❑ Discussion ®Motion/Consent ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing [-1 Other Mtg Dote Mtg Date 12103112 Mtg Date Mtg Date MtB Date Mtg Date Mtg Date SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑Police ❑PW SPONSOR'S This contract includes the scope of work and specific service as outline in Exhibit A of the SUMMARY contract. The new contract is effective January 1, 2013 through.December 31, 2014. Due to the amount of the contract, Council approval is required for processing. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $151,200 - 2 year term $151,200 - 2 years $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated 11/13/12 (Amended after FS meeting) Draft Contract for Services Minutes from Finance&Safety Committee meeting of 11/20/12 13 14 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee Members FROM: Kimberly Matej, Government Relations DATE: November 13, 2012 SUBJECT: Renewal of Contract for Legislative Services (Amended after Finance and Safety Committee, as underlined below, by Joyce Trantina) ISSUE The current contract for federal representation and legislative services provided by Ball Janik, LLP for the City is set to expire on December 31, 2012. Staff is seeking Council approval to enter into a contract for services with Ball Janik, LLP which will be valid from January 1, 2013 through December 31, 2014. BACKGROUND The City has contracted with Ball Janik for federal representation and legislative services for a number of years. For each contract period, the City and Ball Janik have worked together to formulate a Scope of Work and Specific Services that outlines key projects and measures that may be worked on during the contract duration. In general, those services include: monitoring federal policy legislation; informing City officials of issues that may advance or hinder Tukwila goals; providing guidance and assistance to the City regarding opportunities to secure federal funding; providing city staff and elected leaders with advice and perspective regarding funding opportunities; and identifying key officials and contacts for City staff. As with the current contract, the draft contract provides these services at a monthly flat rate. The 2011-2012 monthly flat rate for Ball Janik was $5,833 ($70,000 annually) including expenses. The current contract reflected a significant reduction from the previous rate as a result of budgetary reductions implemented City-wide. DISCUSSION The contract language remains the same as the current contract with the exception of updates made to the City's standard contract for services, which includes additional indemnification and insurance clauses. The 2013-2014 draft contract provides for a flat monthly rate of$6,000 plus expenses, not to exceed $3.600 annually (contract not to exceed $75,600 per year). This draft reflects an approximate 8% increase in fees from the 2011-2012 contract cost. RECOMMENDATION Staff recommends Committee approval of the attached draft contract and Scope of Work and Specific Services to be forwarded to the December 3, 2012 Regular Meeting consent Agenda for full Council approval. ATTACHMENTS Draft 2013-2014 Contract for Services with Ball Janik LLP. 15 16 City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Ball Janik LLP, hereinafter referred to as "the Contractor," whose Washington D.C. office is located at 655 15th Street, NW Suite 225, Washington, D.C. 20005. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions mafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed Contrac e C ntractor shall perform those services described on Exhibit A attac reto a d in rporated h ein y this reference as if fully set forth. In performing such services, the ntract r sh 11 at 1 time co ly with all Federal, State, and local statutes, rules an dinance appli ble t the erfo ance f s ch services and the handling of any funds used ' tonne on th re ith. The Contracto shall r que t and obtain prior written approval from the ity if the sco e or he lei to b mo d in any ay. 2. Com ensa on and Me o of a en T C t hal a the Contractor f rvices rendered according to he rate d m th d s orth n Ex ibit attach d eret and incorporated herein by this reference. T to 1 oun t be paid 11 n exceed $6,0 er onth ($72,000 annually), plus expenses not t exc d ve p c nt o e an at etai ,60 ally). 3. Contractor Bud t. he ont ac r s 11 ply nds received under this Agreement within the maximum limits s t fo h i thi A ree ent. e Contractor shall request prior approval from the City whenever the ntr or de ires o a end its budget in any way. 4. Duration of A regime t. s Agreement shall be in full force and effect for a period commencing January 1, 2013, and ding December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 4 17 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then; in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of greement, insurance against claims for injuries to persons or damage to property which P arise om or in connection with the performance of the work hereunder by the Contr r, their age ts, representatives, employees or subcontractors. Contractor's maintenance of ra its scop coverage and limits as required herein shall not be construed to limit th iability th on actor to the coverage provided by such insurance, or otherwise limit t City' recour any re ed available at law or in equity. A. Minimum Scope of Insura ntract r shall btai insurance f the t es nd with the limits described below: 1. Auto . e Lia 'lit insu anc wi a .ni c mb'n ingle limit r b ily injury and prop y damage o $ ,00 0 pe acci en uto o 'le 1 bility insura e shall cover all owne non ed, r and leas vehi les. Coverag s 1 b written on Insurance Services Office SO) for CA 0 01 a su tit to fo ovi ivalent liability coverage. If necessar the oli sh 11 e e sed t ovi con al liability coverage. 2. Commercia Ge ral Lia 'lit ins ran limits no less than $1,000,000 each occurrence, $2,000,000 ner ggre ate nd 2,000,000 products-completed operations aggregate limit. Commercial eneral Lia ility insurance shall be written on ISO occurrence form CG 00 01 and shall cover iabil' arising from premises, operations, independent contractors, products- completed opera ions, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 4 18 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibi ' for deter 'ning the insurance coverage and limits required, if any, to be obtained by cot actors, w ' determination shall be made in accordance with reasonable and prudent siness pr ce F. Notice of Cancellation. The Contractor all rovid the ity and all A diti nal Insureds for this work with written notice of any policy c ncell ion, ithi tw usines da of their receipt of such notice. G. Failure to Maintain I urance. Fai re o th art f th Co actor to mai tai the insurance as required sh on 'tute m en' bre ch c act, po wh ch the City ay, ter giving five business ays notice th Co tra or t co ect h Brea h, ' diately termi a he contract or, at its dis et, , rocu re suc ins ran a an d P ny d all premiums in connection therewith, ith ny ums o expended be r paid to the C n d mand, or at the sole discretion of the City, ffse against n s du he tra for f e 8. Record Keepin2 nd a tin . A. The Contractor hall ntai ac oun an records, including personnel, property, financial and programmatic re ords which of ii y and properly reflect all direct and indirect costs of any nature expended d servic performed in the performance of this Agreement and other such records as may be eme ecessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. CA Revised 2012 Paoe 3 of 4 - 19 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following a ess: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sen to t add ss rov' d by e ontractor upon the signature line below. 16. Applicable Law; Venue• ttorne 's es. hi gre e sh e governe by nd construed in accordance w' the s �If th St e o Wa hin t n. t e e nt any suit, bit tion, or other proceeding s instituted t en orce an ter of t is eme t, e p ies specific understand and agree that ve ue s e p ly laid in ing unty, Washi t n. he prevailing party in any such action shall be enti ed t its tt ney' fees d c sts of DATED this ay 120 CITY OF TUKWILA CONTRACTOR By: Mayor Printed Name and Title: Address: BALL JANIK,LLP Hal Hiemstra 655 15`h Street, NW - Suite 225 Washington, D.C. 20005 Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 4 20 Exhibit A Scope of Work and Specific Service Ball Janik, LLP 1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for the City of Tukwila related to securing federal authorization and funding for key projects identified by the City and/or advising the City about matters associated with implementation of federal statutes, rules or regulations that could adversely affect the city's ability to deliver services to its residents. Ball Janik LLP will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City and to take advantage of new programs initiated by the Obama Administration. Ball Janik's work on behalf of the City in 2013 will primarily be focused on representing the City's interests on the following initiatives: 1) The implementation of MAP 21 and federal transportatio ndi g and rulemakings associated with same; 2) Closely monitor federal tax proposals and e e t reforms 'ch will be developed by Congress in response to t current d cr• 's,k ep City officials informed about policy proposal hich uld s ' safety n t ex enses from the federal government to local ove ent, d s are City resp nse with the Washington Congre sional d legatio ; 3) Monitor fed grant ding p rtu ties at align •th city rio 'ties, informing e city about ese pp u 'es a d th eadlines as ocia ed with in d a ist t e ty i app in r th se nd 4) Represen th Cit 's i tere is in e s the F i termodal rail in Tu a an rki g with ong essionaI me a s, th Surface Transportation Bo d a dot e agencies w• in e Admi 'stra 'o , ke p them informed about eve op nts maXN adv se to t e Cit 's rests;responses to same; 5) oni r p sib ong s 'onal 'on n a supplementaUappropriations e erge cy ill t d 1 w th t e im of the superstorm "Sandy"; this I lati uld nd p a dres ng broader disaster aid statutes, FEMA planning and sistance, w ter and levee issues,Water Resources and Development Act le islation, c. ; and, monitor such legislation for any possible assistance regardi ward Hanson dam, flood preparation, and other impacts; 6) Advocate for one annual appropriation request should Congress lift its current moratorium on earmarking. Ball Janik's work will primarily be focused on the interests outlined above, but in terms of overall federal policy, Ball Janik will continue to generally monitor legislation being considered by Congress and will inform City officials about legislative proposals that will either advance or hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general monitoring will be possible Congressional action governing telecommunications and local control over franchising, environmental, energy conservation, affordable housing, emergency responders, water policy bills, and general authorizations that would affect the work of the U.S. 21 Army Corps of Engineers, the Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security. In terms of policy issues associated with MAP 21 implementation, rules and regulations implementing policy changes that were included in the new law are now being developed by USDOT. As such, Ball Janik will continue to monitor proposed USDOT guidance and rulemakings associated with the implementation of MAP 21 and keep City officials informed about proposals which will affect the City's ability to advance or fund its overall transportation priorities. In addition,because MAP 21 is only a two year authorization, discussions about the content and shape of the next transportation authorization bill are likely to begin next year; Ball Janik will monitor those discussions, keep City officials informed about their content, and when appropriate, advocate with members of the Washington Congressional delegation for policy positions which will benefit the City. In terms of water policy legislation,efforts will be undertaken in the 113th Congress to pass a new Water Resources Development Act(WRDA). Ball Janik will repre th City's interest in this debate and assist the City in advancing a specific funding req seeking fu ds to strengthen the Green River levees or advance other Green- a h restorat' efforts. In response to the recent devastating impacts a ciate with icane Sa dy, it is also quite possible that Congress will consider a suppl men 1 app pria ions bill an r a ew authorization bill that could increa the abi 'ty oft A C o ngine rs a ility to fund various future flood protect' efforts. all J m wil om or those e orts cl sely nd advocate for legislative language th t would help rote t th it ro floo at could esul in the Green River V y. On matters app,r riati s nd ederal undi , Ball Janik i co inue to monitor the current Congressiona mo for m marked din , and be repa e to vance one priority funding reques of t e C y sh u d th rrent o ato um b li in the next Congress. Ball Janik would be rep ed t ad new is ver rit project is identified by the City. In the past, can didate p jec ha a in lu ed t e mmu Connections Project seeking funding for the construction o a ne dest ian brid e li ng the Tukwila Urban Center to the commuter rail station; resourc related pro cts uding the Green-Duwamish restoration project; library needs; projects assoc ted wit ommuter rail, commercial and/or housing development at Southcenter and Tuk ' . age; human resources and safety net funding issues; emergency responder; land acquisition; community or commercial development related projects; and emergency flood preparation. Projects and priorities can be re-evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Ball Janik LLP will meet with City officials in late 2012 or early 2013 to identify the City's primary federal agenda and priority appropriation request. 2. Specific Services: Ball Janik LLP will be responsible, at a minimum for the following: • Inform the City of key timelines for proposed actions 22 • Identify federal rule,policies, and laws that support the City's goals, • Identify key officials and contacts that the City needs to meet with and the best time to make such contacts • Brief all appropriate congressional and federal officials about Tukwila's priorities identified in the above Scope of Work • Advise City of key dates in the congressional and administrative calendar that impact its goals • Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation • If appropriate (as a result of a lifting of the current earmark moratorium), prepare project funding requests, and review briefing materials prepared by the City • When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark-ups and House/Senate conferences on legislation • Attend and report on Congressional hearings of import • Advise City of new regulations, programs, or proposed slation that re to to those areas of focus outlined in the above Scope of W • Specifically monitor, analyze,report on, and in e reco ti s f initiatives and project requests for major reauthori on f legi ati , and the an al propriations bills • Continue to work wit a 'se the Cit ab ut st tegies ass ciated ith e BNSF intermodal rail ya and federal olici s a cti its perat' • Obtain a men for offi ials n a hin on, C. develop sch dine , acc pany City ffi ials o eti gs, a d o 'de ie 'ng aterials for t ficials for thei eetin s it C ngr tonal ffici is 23 Exhibit B Terms of Payment Ball Janik, LLP will invoice the City for the work completed at the rate of$6,000 per month, plus expenses (not to exceed$3,600 annually). Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format and all travel expenses will be pre- authorized by the_City. 24 City of Tukwila • Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes November 20, 2012—5:1 Sp.m.; Conference Room #3 PRESENT Councilmembers: De'Sean Quinn,Chair and Kate Kruller Absent: Dennis Robertson Staff: Jack Pace,Minnie Dhaliwal, David Cline,Trish Kinlow and Joyce Trantina CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:20 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Legal Services-Kenyon Disend, PLLC Staff is seeking Council approval to enter into contract with Kenyon Dispend, LLC for legal services to be provided during the 2013-14 biennium. General City Attorney services are provided at a flat monthly rate. Special services are subject to prior approval and are billed at the hourly rates of the contractor staff involved. These rates are attached to the proposed 2013-2014 contract. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 FOR DISCUSSION. B. Contract: Public Defender Services-Kirshenbaum &Goss Inc.P.S. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for public defender services to be provided during the 2013-14 biennium. The monthly contract rate for the biennium will be $12,000 for up to 120 cases per month. Caseloads in excess of 120 will be billed at $100.00 per case. The contract amount base rates increased from the 2011- 2012 rates from $10,315.80 and $85.00, respectively. Previous contracts contained a CS1 escalator which has not been utilized since 2010. The $85.00 rate for cases over 120 has not been adjusted since 2008. A State court mandate limiting caseloads for public defenders may affect contract costs in September, 2013 and staff will be addressing this issue in the second quarter of next year. Staff will also take the necessary steps to make sure that contracts do not over-lap. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26 COW FOR DISCUSSION. C. Contract: Video Public Defense_Services- Kirschenbaum &Goss, Inc. P.S. Staff is seeking Council approval to enter into a contract with Kirshenbaum and Gross for video public defense services to be provided during the 2012-13 biennium in the amount of$45,360. The monthly contract flat rate for the biennium will be $1,890 per month, a $90 per month increase compared to 2011-2012. This contract is coming forward for Council approval since the biennium contract rate will exceed $40,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. D. Contract: Leg islative Services—Ball Janik, LLC This is a renewal contract for legislative services with Ball Janik, LLP for the representation of the City of Tukwila in Washington,D.C_ and on federal issues. The contract language remains the same as the current contract with the exception of updates made to the City's standard contract for services, which includes additional indemnification and insurance clauses. The 25 Finance& Safety Committee Minutes November 20, 2012—Page 2 draft contract provides for a 2013-2014 flat monthly rate of$6,000, plus expenses not to exceed $3,600 annually (contract not to exceed $75,600 per year). The 2013-2014 flat rate reflects an approximate 8% increase from the 2011-2012 annual contract cost which is considered to be fair and reasonable. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. E. Department of Community Development Updates Staff provided a brief update regarding the new Shoreline Master Program, adopted in 2011. Since adoption, only two shoreline substantial development applications have come to the City. Staff also provided an update regarding the noise/parking issues related to Link Light Rail. The noise walls will be going up shortly in the Duwamish neighborhood, and work is expected to be completed by mid-2013. In addition, Sound Transit will be submitting a request for an amendment to the 2004 Parking Determination, asking the City to defer the requirement to provide additional parking until 2017. The City's concern is regarding neighborhood impacts affected by on-street parking. INFORMATION ONLY. III.MISCELLANEOUS Meeting adjourned at 6:02 p.m. Next meeting: Tuesday,December 4,2012—5:15 p.m.—Conference Room #3 Committee Chair Approval Minu e bby JCT. Reviewed by KAM. 26 COUNCIL AGENDA SYNOPSIS t. ----------------------------------Initials--------------------------------- ITEM NO. Meeting Date Prepared by Ma or If review Council revs m 12/03/12 SG ITEM INFORMATION STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 12/03/12 AGENDA ITEM TITLE Tukwila Pool Roof Project CA'T'EGORY ❑ Discussion N Motionl Consent ❑ Resolution ❑ Ordinance ❑Bid Award ❑ Public Hearing ❑ Other A4tg Date Mtg Date 1213112 Mtg Date Mtg Date Mtg Date A4tg Date Altg Date SPONSOR E] Council ❑Mayor ❑ HR ❑ DCD ❑Finance ❑ Fire ❑IT N Pd�R ❑ Police ❑ 1'W SPONSOR'S The Tukwila Pool Metropolitan District(MPD) approved five Capital Projects not included SUNLVARY in the Energy Savings Performance Contract(ESP). One of those projects was the Roof Project, with an allowance of$85,499.00. Staff invited six contractors to bid through the Small Works Roster bid process, two bids were received. Upon review of the bids staff is recommending Bates Roofing LLC as the contractor for this project. REVIEWED BY ❑ COW Mtg. N CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/26/12 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Parks and Recreation Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $75,983.00 $85,499.00 $ Fund Source: TUKWILA POOL METROPOLITAN PARK DISTRICT CAPITAL IMPROVEMENT PROJECT Comments: Funding for this project is through the ESP and the MPD. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated 11/20/12 Attachment: Addendum 1 to the ESP Attachment 2: Bid Opening results- November 16, 2012 Attachment 3: Bates Roofing LLC. Bid Proposal Minutes from the Community Affairs and Parks Committee meeting of 11/26/12 27 28 City of Tukwila Rick Still, Parks and Recreation Director INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM Rick Still, Parks and Recreation Director DATE: November 20, 2012 SUBJECT: Bid Award for Tukwila Pool Roof Project ISSUE Award the bid for construction of the Tukwila Pool Roof Project. BACKGROUND This project will provide new 20-year Thermoplastic Membrane roof for the Tukwila Pool. The Metropolitan Park District (MPD) approved five Capital Projects that were not included in their Energy Savings Performance Contract with McKinstry Essention, Inc., (McKinstry). The MPD Board agreed that these projects were important but not financially feasible as proposed by McKinstry in the Energy Services Proposal (ESP), approved August 20, 2012. City Staff confirmed that the projects could be designed, managed and constructed using the City's processes while being completed within the allotments provided in Addendum #1 to the ESP (see Attachment 1), approved September 17, 2012. The Tukwila Pool Roof Project [or Item #21 — New Roof] has an allowance of $85,499.00. Six contractors were selected through the Small Works Roster process. A pre-bid walk was conducted on November 9th to familiarize and clarify any issues the contractors may have with the plans and the existing roof conditions. Two contractors provided bids that were opened on November 16, 2012; $73,744.80 and $78,509.00 (see Attachment 2 — Bid Opening results). The apparent low, with a lump sum base bid of $73,744.80, is Bates Roofing, LLC. Staff's estimate was $75,983.00. The Pool Roof Project construction is scheduled to be complete by May 15, 2013, depending upon the weather. The roofing material is a long lead item and ambient temperatures must be over 45 degrees and dry to applying the adhesives for the Thermoplastic Membrane. The Roof Project will provide a long-lasting solution for a roof that needs to be replaced in the next few years. This product has a 50-year life for residential applications, while the manufacturer's warranty is only for 20-year in a commercial application. ANALYSIS The two bids were reviewed and no errors were discovered in the base bid for either contractor. Bates Roofing LLC has successfully worked on other municipal projects and references were contacted with positive feedback. 29 INFORMATIONAL MEMO Bid Award for Tukwila Pool Roof Project Page 2 - November 20, 2012 The available budget allotment for the Tukwila Pool Project construction is $85,449.00. With Bates Roofing LLC's bid, a 5.88% contingency would put the budget just under$85,499.00. This project has minimal risk of cost overruns and the contractor. There is a possibility that some flashing will need to be replaced at linear foot price of$6.65/lnft. If all the flashing needed to be replaced, it would cost less than $3,300. There could be some additional costs if there are irregularities found through the infrared scan required prior to installation. Our roofing consultant's inspections have not found any areas of concern regarding wet insulation or roof defects. BUDGET AND BID SUMMARY Bid Results Estimate Budget Total Bid Amount $ 73,744.80 $ 70,983.00 $85,499.00 Tax (9.5%) 7,005.76 6,743.39 Total Bid Amount $80,750.56 $ 77,726.39 Contingency 5.88% $ 4,748.13 $ 7,772.64 0.00 TOTAL $ 85,498.69 $ a5 .499.02 $85,499.OQ RECOMMENDATION The Council is being asked award the construction bid for the Tukwila Pool — Roof Project to Bates Roofing LLC in the amount of$80,750.56 for consideration on the consent agenda at the December 3, 2012 Regular Meeting. ATTACHMENTS Attachment 1 —Addendum 1 to the ESP Attachment 2— Bid Opening results— November 16, 2012 Attachment 3— Bates Roofing LLC. Bid Proposal 30 CATmC­Na C=3601" ,rmRIO Ra.l,,.n12WWat Attachment 1 Addendum 1 to the ESP: September 12, 2012 The MPD Board adopted the Energy Services Proposal (ESP)from McKinstry on August 20,2012 at which time the Board requested additional information on Section 4.5 "Allowances"on page 25 of the ESP. Below is the additional information now forth called Section 4.5.1 "Additional Information to the Allowances"that explains in greater detail the five items. The following five items were not included as part of the base bid by McKinstry,the ESCO. These items are included in the overall project and will be completed. They are not considered as part of the base bid because the ESCO would not guarantee the max cost of these items. This is for a couple different reasons as outlined below. Item#16—Bulkhead Renovation: Allowance:$4,500/Original Estimate:$14,683 This item did not get updated for the final ESP so it is not an apples to apples comparison. Also,the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list. Therefore,the Allowance amount does not include the ESCO's markups. Original Scope: Repairing axles and wheels, and completely refinishing the surface. Reduced Scope: Includes simply painting the existing one. Item#17—Pool filter Conversion(Vac DE Option): Allowance:$15,000/Original Estimate:$149,089 This item did not get updated for the final ESP so the Original Estimate is not an apples to apples comparison with the reduced scope. Also the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list therefore, it does not include the ESCO's markups. Original Scope: Reconfigure the existing Vacuum DE filter system to accommodate new filter grids that can be changed out separately as opposed to having to lift the entire filter grid out of the tank. This would have provided significant savings in staff time and improved filter capacity and reduced annual maintenance costs. However,the price to do this was high enough that it was more beneficial to reduce this scope to enable more items to be completed on the CIP List. Reduced Scope: Includes refinishing the existing filter tank, purchasing new filter grid covers, and all necessary equipment to change the filter covers in-house without having to contract this work out(which will save approximately$1,000 annually). M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum Ito the ESP 9-12-12 Attachment l.doa - Page 1 31 Item#19—ADA Improvements(Parking Lot): Allowance:$90,000/Original Estimate: $101,700 This item is reduced in expense based upon having an estimate from a contractor that the City has used multiple times for this kind of work.One thing to note is that the scope of this project may increase dependent upon code requirements. Both the ESCO and the contractor's estimate were based off plans that were drawn up several years ago that has now become evident would not bring this up to today's code. A modification will need to be done and potentially some additional engineering. Original Scope: Relocate ADA Parking Stall from the existing location to the stalls closest to the lobby doors. Add an ADA Ramp from the parking lot to the main entrance way. Reduced Scope: N/A Item#21—New Roof: Allowance: $85,449/Original Estimate: $378,000 This item is not an apples to apples comparison between the Original Estimate and the Allowance. The Allowance is as ballpark price from a contractor for a different kind of roof product. After the contractor gave their ballpark estimate they conducted further research on their own for the next several weeks (including a core sample of the roof)and discovered that there is currently about seven inches of insulation on the roof. Good news in the way of energy efficiency but an added variable for re-roofing that neither the contractor nor the ESCO knew about. Therefore,the scope and estimate from the contractor will need to be modified to reflect this as the current estimate does not. Also the Allowance amount does not include the ESCO's markups because it was determined before the Department of Commerce's requirements to have the ESCO complete all items on the project list. Original Scope: Re-roof the facility(specific process and scope was not made known to staff). Reduced Scope: Use a TPO type product that can be laid over the top of the existing torch down roof. Item#23—Locker Room Floor Resurfacing: Allowance:$85,000/Original Estimate: $92,389 This item is reduced in expense based upon using a different product and methodology of prep and application as specified by an architect that the City has used in the past. The product simply costs less per square foot and is cheaper to install. Original Scope: Remove existing tile floor,grind down smooth and apply new flooring product. Modified Scope: Use a different product that does not require the existing flooring to be removed first. These allowances were made to enable additional items to be included and completed in the overall project. Had these efforts to reduce scope and find cost savings not been sought after many additional items on the overall project list would not be getting completed. M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum 1 to the ESP 9-12-12 Attachment l.docx Page 2 32 Attachment2 TukwilaPool-RoofProject BidSecurity Bid NOAdendum 2208151stStE Tacoma,WA98445 Advancedroofdesign@gmail.com pobox9416 Tacoma,WA98409 tom@batesroofingllc.com 3601121stStreetSW Lynnwood,WA98087-1539 glen@cir-roofirig.com 16468MarineViewDrSW Burien,WA98166 fmeyerroofing@gmail.com $ 801CentralAveN. Kent,WA98035 alisab@nwroof.com 9500AuroraAvenueNorth Seattle,WA98103 sgrinaker@tectaamerica.com $ JohnsonExteriors,Inc. 1724GarretStreet Enumcalw,WA98022 chris@johnsonexteriors.com ~ RickStill 34 Attachment 3 P-1 PROPOSAL (Lump Sum) CONTRACTOR'S NAME ecc-L fm, 11-C- U Contractor's State License No.IRTav S RZ -14 5 5 O Contractor's Registration No. (uBi No.): Letyd- City of Tukwila Project No. TUKPOOL 2012-02 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 TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02 which includes but is not limited to investigating existing roof for leaks, installing new Thermoplastic Membrane Roofing over existing roof, replace flashing as needed, replace gutter to down spout transitions and restore any property damage to like condition. Contractors may obtain copies of the contract documents by contacting the Parks and Recreation Administration office and each bid shall be in accordance with the bid documents on file at the Parks and Recreation Department, 12424 42nd Avenue South, Tukwila, Washington 98168 (206-767-2342). Informational copies of any available maps, plans, and specifications, are on file for inspection and for any technical questions please contact the office of Rick Still, Director of Parks and Recreaton, 206-767-2342, 12424 42"d Avenue South, Tukwila, Washington 98168; and 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)V-. jid bond or ❑ cash, ❑ cashier's check, ❑ certified check, or ❑ 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 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 complete the Physical Work in all respects within Thirty [30] calendar days from the date of 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. TUKW ILA POOL ROOFPAOJEGT Project No.TUKPOOL 2012-02 November 5.2012 35 Proposal P-2 TUKWILA POOL: ROOF PROJECT, Project No.TUKPOOL 2012-02 Note: Prices for all items,all extensions,and the total amount bid must be shown. Show prices in both words and figures (ink or typed), and where conflict occurs,the written or typed word shall prevail. Where conflict occurs between the item price and the total amount specified,the item price shall prevail,and totals shall be corrected to conform thereto. BASE BID: ROOF PROJECT including, the Price for supplying and installing the Thermoplastic Membrane Roofing as specified without exception: IN WORDS: TOTAL BASE BID PRICE IN NUMBERS: ry 11� ca - Dr fleV.S 't TOTAL BASE BID PRICE S ' / 0 FLASHING BID: ROOF PROJECT including, the Linear Foot Price for supplying and installing flashing as needed: IN WORDS: TOTAL LINEAR FOOT BID PRICE IN NUMBERS: TOTAL LINEAR FOOT BID PRICE $ 3a SS 1 Q 0 cCo G511n.>r� By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date of Receipt No. Date of Receipt 1 2 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 he 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. Award will be based on Base Bid. The Surety Company which Will furnish the required Performance Bond is (Name) (Address) Bidder. c,�re� �n .� L�L Signature of Authorized Official: l"A Printed Name and Title: .nn v,co-�r c.-1' c Address: Circle One: Individual/Partnership/Joint Venture/ State of Incorporation: rC Corporation Phone No.: S 3" i 3 - of I Date: This address and phone number is the one to which all communications regarding this proposal should be sent. TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 36 Proposal P-3 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 any unit prices or extensions are left blank they will be entered as $0.00 no charge. TUKW ILA POOL HOOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 37 P-4 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ ). Bid Bond: The undersigned, Bate's Roofing LLC (Principal), and Contractors Bonding and Insurance Company (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five Percent(50/6)of the Total Amount Bid ------------------------------------------ dollars ($------ ------- -----}, 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 TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02, 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, and shall in all other respects perform the Contract created by the acceptance of said Proposal, 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 16 day of November , 2012 Bate's Roofing LLC Contractors Bonding and Insurance Company Principal Surety By Sigp6ture of Authorized Official AtforneyTin Fact(Attach Power ofAttorne;) Laura Morrow Attorney-in-Fact Zf- 5-1r W a I Jz Title Name and address of local office of Griffin MacLean, Inc. agent and/or Surety Company: 2300 130th Ave NE A203 Bellevue. WA 98005 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. TUKWILA POOL ROOF PROJECT Protect No.TUKPOOL 2012.02 November 5,2012 38 Contractors Bonding and Insurance Company POWER OF ATTORNEY � — 1213 Valley Street P.O.Box 9271 Contractors Bonding and Insurance Company RU canipmw Seattle,WA 98109-0271 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company,a Washington corporation,does hereby make,constitute and appoint: Laura a Morrow.SgUa Tobeck Robert Tnbeck Paul Dent,jointly or acycrallY in the City of Bellevue ,State of Washington its true and lawful Agent and Attorney in Fact,with full power and authority hereby conferred, to sign, execute,acknowledge and deliver for and on its behalf as Surety,the following described bond. Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million and 00/100 Dollars( $10.000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company,and now in force to-wit: "Ail bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its yjpg President with its corporate seal affixed this 6th day of June 2012 0 �•1110`1"...... Contractors Bonding and Insurance Company •ppPOR,�T','jsF , ••. :?= State of Washington , `' e Vice President 1979 Roy C.Di SS '�rp�ABN'NG` : County of King CERTIFICATE On this 6th day of June 2012 I, the undersigned officer of Contractors Bonding and Insurance before me, a Notary Public, personally appeared Roy C. Die —who Company,a stock corporation of the State of Washington,do hereby being by me duly swom,acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In act and deed of said corporation. testimony whereof, I have hereunto set my hand and the s 1 of the Contractors Bonding and Insurance Company this I b day of�r, 9n1 2 -- Contractors Bonding and Insurance Company Joseph B. uller Notary Public Notts Public -' State or Washington Roy C.Die Vice President JOSEPH B.MULLER MY COMMISSION EXPIRES Mwch 29.2010 4675239032912 A0059511 39 P-5 NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON ) ss. COUNTY OF KING ) 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 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 TUKWILA POOL: ROOF PROJECT, Project No. TUKPOOL 2012-02 1-4 C Name of Firm Signature of Autho ed Official Title Sign d and sworn to before me o this =!day of .. 5 . 20 i,gnature of Notary Pub 16 in and for the State of Washington j�} My appointment expires: (ApXtJ TAMARA J. FLOOD Notary Public State of Washington My Commission Expires September 21, 2016 SEAL TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 40 P-6 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: V cL� `�` L' Address of Bidder: S Ln o 2 r City i State Zip Code Contractor's License No.-j�VtgsR L 945:50 Contractor's State Tax No. (vn5- 3:–/-7 Dept.of L&I Bond Registration No. Worker's Comp. Acct. No. Bidder is a(n): D Individual 13 Partnership 0 Joint Venture Wlincorporated in the state of List business names used by Bidder during the past 5 years if different than above: Bidder has been in business continuously from rs Year Bank Reference Bank Account Officer Officers Phone No. No. of regular full-time employees: Number of projects in the past 5 years completed: —ahead of schedule . o on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for a9 years. As a 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 Flow Long With Bidder tA r r 4 1rt er.� �c�V\PG 1 Fln7! tr My-y� iz4 i l -) .A S! TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 41 Responsible Bidder Determination Form P-7 List all those projects, of similar nature and size, completed by Bidder within the past 5 years. Include a reference for each. Any attached preprinted project listing must include all this information. Year Contract Project Name Completed Amount Owner/Reference Name and Phone cS s 'Ct �!�. 'k �1 3t C�-3�J4= 6 12 i{c 14 A La-4- ?11 k �?ti► Z _ s�j�� �_�S /`�- —��—/��! _ /mil 2 �Lr d 4 R P-n tp4 ty1 c7C I I r � �WQ IIyd,,G 1 Join � y� I 2 J'- lo- Sy 3q List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Total Claims Amount of Contract Arbitrated Settlement Name of Client and Project Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? No O Yes If yes,give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? b,No CJ Yes If yes, please state: Project Name Contracting Party Bond Amount Has Bidder ever been found guilty of violating any State. or Federal employment laws? J.No 0 Yes If yes, give details: TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 42 Responsible Bidder Determination Form P-8 Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? V No O Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? %No ❑Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? %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 herein.�� Signature of Bidder IEal% Title: _ f�s T,•>'G717 Date: TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 43 P-9 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT lJ ✓, M 7 q� 1"m Labor to be used: 141/ IaZov" A AP-A oA In e-e h� Z-4r'-s 1?,Orl f t in 4 t,-,LC , 1t10 S ci A r"Z11a 7 r V-nvl- 4 A rn C, , �+ qU Name of BOder gnature of Authorized Official ���J;�-vim�d✓ Title TUKWILA POOL ROOF PROJECT Project No.TUKPOOL 2012.02 November 5,2012 44 P-10 PROPOSED SUBCONTRACTORS Name of Bidder 1B. eves Roc or-N n"t LL-(- The following is a list of sub-contractors. 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 Q_V % Schedule/Bid Item Numbers Name Subcontractor will perform %of Total Bid TUKW ILA POOL ROOF PROJECT Project No.TUKPOOL 2012-02 November 5,2012 45 46 City of Tukwila • Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE—Meeting Minutes November 26, 2012—5:00 p.in. PRESENT Councilmembers: Kathy Hougardy,Chair;Joe Duffle and Allan Ekberg Staff: David Cline,Jack Pace, Minnie Dhaliwahl, Rick Still and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I.PRESENTATIONS—No presentations. 11.BUSINESS AGENDA A. Tukwila Pool Staff is seeking Council approval to award two bids for Tukwila Pool projects as outlined below. The City Council is being asked to approve these bid awards per prior direction given by the Metropolitan Park District (MPD) Board in September 2012. Additionally, the City has been contracted by the Tukwila Metropolitan Park District to manage Tukwila Pool operations, maintenance, capital improvements, and project management through the existing interlocal agreement between the City and the MPD. Tukwila Pool Roof Project — Staff is recommending this bid be awarded to Bates Roofing, LLC, in the amount of$80,750.56 for a new 20-year thermoplastic membrane roof. Bates Roofing is the apparent lower bidder among a total of six contractors who were selected through the City's Small Works Roster. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. Parkina Lot and Access Improvements—Staff is recommending this bid be awarded to Evergreen Asphalt and Concrete, Inc., in the amount of $82,070.25 for parking lot and access improvements including reconfiguration of parking stalls, sidewalk and ramp replacement,and construction of a seat wall. Evergreen is the apparent lower bidder from a total of six contractors who were selected through the City's Small Works Roster.UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. B. Update: Department of Community Development As information only, staff updated the Committee on the two projects listed below. This informational update was also provided to the Finance & Safety Committee on November 19, 2012. Shoreline Master Program - Staff provided a brief update regarding the new Shoreline Master Program which was adopted in 2011. Since adoption, only two shoreline substantial development applications have come to the City. INFORMATION ONLY. Light Rail Section - Staff also provided an update regarding the noise/parking issues related to Link Light Rail. The noise walls will be going up shortly in the Duwamish neighborhood, and work is expected to be completed by mid-2013. In addition, Sound Transit will be submitting a request for an amendment to the 2004 Parking Determination, asking the City to defer the requirement to provide additional parking until 2017. The City's concern is regarding neighborhood impacts affected by on-street parking. INFORMATION ONLY. 11I. MISCELLANEOUS Meeting adjourned at 5:40 p.m. Neat ineeling: Monday, December 10, 2012—5:00 p.m.—Conference Room 43 f ,q Committee Chair Approval Minu t by 47 48 COUNCIL AGENDA SYNOPSIS ---------------------------------Initials--------------------------------- ITEM NO. Meeting Date Prepared by M or's review Council review 12/03/12 SG - 4. E. ITEM INFORMATION STAFF SPONSOR: RICK STILL ORIGINAL AGENDA DATE: 12/3/12 AGENDA ITEM TITLE Tukwila Pool Parking Lot and Access Improvements CATEGORY ❑ Discussion ®MotionlConsent ❑ Resolution ❑ Ordinance ❑ Bid Award ❑Public Hearing ❑ Other Mtg Date Mtg Date 1213112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR ❑ Council [:]Mayor ❑HR ❑ DCD ❑Finance ❑Fire ❑ IT ® P&R ❑ Police ❑PIT% SPONSOR'S The Tukwila Pool Metropolitan District (MPD) approved five Capital Projects not included SUMMARY in the Energy Savings Performance (ESP) Contract. One of those projects was the Parking Lot and Access Improvement Project, with an allowance of$90,000. Staff completed accepted bids from six contractors through the Small Works Roster. Upon review of two accepted bids, staff is recommending Evergreen Asphalt as the contractor for this project. REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑Planning Comm. DATE: 11/26/12 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Parks and Recreation Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $82,070.25 $90,000 $ Fund Source: TUKWILA POOL METROPOLITAN PARK DISTRICT Comments: Funding for this project is through the ESP and the MPD. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/3/12 Informational Memorandum dated 11/20/12 Attachment: Addendum 1 to the ESP Attachment 2: Bid Opening results - November 16, 2012 Attachment 3: Evergreen Asphalt &Concrete, Inc. Bid Proposal Exhibit A: Tukwila Pool: Parking-Lot &Access Improvements Concept Site Plan Minutes from the Community Affairs and Parks Committee meeting of 11/26/12 49 50 City of Tukwila Rick Still, Parks and Recreation Director INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM Rick Still, Parks and Recreation Director DATE: November 20, 2012 SUBJECT: Bid Award for Tukwila Pool Parking Lot& Access Improvements Project ISSUE Award the bid for construction of the Tukwila Pool Parking Lot &Access Improvement Project. BACKGROUND This project will provide improved parking and access to the Tukwila Pool. The Metropolitan Park District (MPD) approved five Capital Projects that were not included in their Energy Savings Performance Contract with McKinstry Essention, Inc., (McKinstry). The MPD Board agreed that these projects were important but not financially feasible as proposed by McKinstry in the Energy Services Proposal (ESP), approved August 20, 2012. However, City Staff confirmed that the projects could be designed, managed and constructed using the City's processes while being completed within the allotments provided in Addendum #1 to the ESP (see Attachment 1), approved September 17, 2012. The Tukwila Pool Parking Lot & Access Improvement Project [or Item #19 —ADA Improvements (Parking Lot)] has an allowance of$90,000.00. Six contractors were selected through the Small Works Roster process. A pre-bid walk was conducted on November 9'h to familiarize and clarify any issues the contractors may have with the plans and the existing site conditions. Two contractors provided bids that were opened on November 16, 2012; $74,950.00 and $128,925.00 (see Attachment 2 — Bid Opening results). The apparent low, with a lump sum base bid of $74,950.00, is Evergreen Asphalt and Concrete, Inc. The Architect's estimate was $65,154.00. The Parking Lot & Access Improvement Project construction is scheduled to be complete by January 15, 2013, depending upon the weather. The easier access for gaining entry to the pool will be greatly appreciated by the pool patrons. ANALYSIS The two bids were reviewed and no errors were discovered in the base bid for either bidder. Evergreen Asphalt has successfully worked for the city on past projects and references were contacted with positive feedback. 51 INFORMATIONAL MEMO Bid Award for Tukwila Pool Parking Lot & Access Improvements Project Page 2 - November 20, 2012 The available budget allotment for the Tukwila Pool Parking Lot&Access Project construction is $90,000.00. With Evergreen Asphalt and Concrete, Inc.'s bid, a 9.66% contingency would put the budget just under$90,000.00. This project has low risk of cost overruns and the contractor has found construction cost savings on projects in the past. BUDGET AND BID SUMMARY Bid Results Estimate Budget Total Bid Amount . $ 74,950.00 $ 65,154.00 $90,000.00 Tax (9.5%) 7,120.25 6,189.63 Total Bid Amount $82,070.25 $ 71,343.63 Contingency 9.66% $ 7,927.99 $ 7,134.36 0.00 TOTAL $ 89,998.24 $ 71,669.40 $90,000.00 RECOMMENDATION The Council is being asked award the construction bid for the Tukwila Pool — Parking Lot & Access Improvements Project to Evergreen Asphalt and Concrete, Inc. in the amount of $82,070.25 for consideration on the consent agenda at the December 3, 2012 Regular Meeting. ATTACHMENTS Attachment 1 —Addendum 1 to the ESP Attachment 2— Bid Opening results — November 16, 2012 Attachment 3 — Evergreen Asphalt & Concrete, Inc. Bid Proposal Exhibit A—Tukwila Pool — Parking Lot &Access Improvements Concept Site Plan 20 C DOniman aid Sell.gtchsry iUtWIlAlIaW Sett+gSirxnporary Inlenei FAesKm ,NlI k1FOTTAFSIACAPUArt dIAk Pod ADA NW i11-20-RE 11/182012 10 15 13 AM 52 Attachment 1 Addendum 1 to the ESP: September 12, 2012 The MPD Board adopted the Energy Services Proposal (ESP)from McKinstry on August 20, 2012 at which time the Board requested additional information on Section 4.5"Allowances"on page 25 of the ESP. Below is the additional information now forth called Section 4.5.1 "Additional Information to the Allowances"that explains in greater detail the five items. The following five items were not included as part of the base bid by McKinstry,the ESCO. These items are included in the overall project and will be completed. They are not considered as part of the base bid because the ESCO would not guarantee the max cost of these items. This is for a couple different reasons as outlined below. Item#16—Bulkhead Renovation: Allowance:$4,500/Original Estimate:$14,683 This item did not get updated for the final ESP so it is not an apples to apples comparison. Also,the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list. Therefore,the Allowance amount does not include the ESCO's markups. Original Scope: Repairing axles and wheels,and completely refinishing the surface. Reduced Scope: Includes simply painting the existing one. Item#17—Pool filter Conversion(Vac DE Option): Allowance: $15,000/Original Estimate:$149,089 This item did not get updated for the final ESP so the Original Estimate is not an apples to apples comparison with the reduced scope. Also the Allowance amount was determined before it was required by the Department of Commerce to have the ESCO complete all items on the project list therefore, it does not include the ESCO's markups. Original Scope: Reconfigure the existing Vacuum DE filter system to accommodate new filter grids that can be changed out separately as opposed to having to lift the entire filter grid out of the tank. This would have provided significant savings in staff time and improved filter capacity and reduced annual maintenance costs. However,the price to do this was high enough that it was more beneficial to reduce this scope to enable more items to be completed on the CIP List. Reduced Scope: Includes refinishing the existing filter tank, purchasing new filter grid covers, and all necessary equipment to change the filter covers in-house without having to contract this work out(which will save approximately$1,000 annually). M:\Aquatics\MPD BOARD Items\9.17.12 MPD Meeting Items\MPD 9.17.12-4a Addendum Ito the ESP 9-12-12 Attachment l.do" Page 1 53 Item#19—ADA Improvements(Parking Lot): Allowance: $90,000/Original Estimate:$101,700 This item is reduced in expense based upon having an estimate from a contractor that the City has used multiple times for this kind of work.One thing to note is that the scope of this project may increase dependent upon code requirements. Both the ESCO and the contractor's estimate were based off plans that were drawn up several years ago that has now become evident would not bring this up to today's code. A modification will need to be done and potentially some additional engineering. Original Scope: Relocate ADA Parking Stall from the existing location to the stalls closest to the lobby doors. Add an ADA Ramp from the parking lot to the main entrance way. Reduced Scope: N/A Item#21—New Roof: Allowance:$85,449/Original Estimate:$378,000 This item is not an apples to apples comparison between the Original Estimate and the Allowance. The Allowance is as ballpark price from a contractor for a different kind of roof product. After the contractor gave their ballpark estimate they conducted further research on their own for the next several weeks (including a core sample of the roof)and discovered that there is currently about seven inches of insulation on the roof. Good news in the way of energy efficiency but an added variable for re-roofing that neither the contractor nor the ESCO knew about. Therefore,the scope and estimate from the contractor will need to be modified to reflect this as the current estimate does not. Also the Allowance amount does not include the ESCO's markups because it was determined before the Department of Commerce's requirements to have the ESCO complete all items on the project list. Original Scope: Re-roof the facility(specific process and scope was not made known to staff). Reduced Scope: Use a TPO type product that can be laid over the top of the existing torch down roof. Item#23—Locker Room Floor Resurfacing: Allowance: $85,000/Original Estimate:$92,389 This item is reduced in expense based upon using a different product and methodology of prep and application as specified by an architect that the City has used in the past. The product simply costs less per square foot and is cheaper to install. Original Scope: Remove existing the floor,grind down smooth and apply new flooring product. Modified Scope: Use a different product that does not require the existing flooring to be removed first. These allowances were made to enable additional items to be included and completed in the overall project. Had these efforts to reduce scope and find cost savings not been sought after many additional items on the overall project list would not be getting completed. M:\Aquatics\MPD BOARD Item-\9.17.12 MPD Meeting Items\MPD 9.17.12-4.a Addendum 1 to the ESP 9.12.12 Attachment 1-do" Page 2 54 Attachment 2 Tukwila Pool — Parking lot & Access Project Bid Opening — November 16, 2012 Bid Security Adendum #1 Bidder Aknowledged Bid Yes/No Yes/No AA Asphalting, Inc $ YI o bid 2518 East Valley Hwy Sumner,WA 98390 ieff aaasphaltine.com Coby Construction $ 0 1 PO Box 8589 Covington,WA 98042 micheledurkeeO corn cast.net db General Contractors, Inc. $ n 0 b f 3320 West Valley Highway, D-106 Auburn, WA 98001 iakeL@db-p-c.com Evergreen Asphalt and Concrete Inc. --i( $ J PO Box 1567 Kent, WA 98036 eve rereen.shane @comcast.net Gary Merlino Construction Co., Inc. $ ki y f 9125 - 10th Ave. South Seattle, WA 98108 karryl @gmc.cinc.com Rainier Asphalt and Concrete, LLC _ $ 1 t P.O. Box 1549 North Bend, WA 98046 merry@raaii-niierrasphalt.comy� Rick Still Kirstin Ma 55 56 Attachment 3 P-1 PROPOSAL (Lump Sum) r- j CONTRACTOR'S NAME t'= "3�'``'� �^0'��°�Ce `k✓ Contractor's State License No. V 2f L 91 y K 2 Contractor's Registration No. (UB1 No.): U OZ Zy 14 5 70 City of Tukwila Project No. TUKPOOL 2012-01 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 TUKWILA POOL: PARKING LOT & ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01 which includes but is not limited to Demolition of concrete and clearing and grubbing; and construction of concrete parking area walkways and seat wall;install"French drain",top soil and wood multch; and relocation of the flag pole. Contractors may obtain copies of the contract documents by contacting the Parks and Recreation Administration office and each bid shall be in accordance with the bid documents on file at the Parks and Recreation Department, 12424 42"d Avenue South, Tukwila, Washington 98168 (206-767-2342). Informational copies of any available maps, plans, and specifications, are on file for inspection and for any technical questions please contact the office of Chris Peterson, LPA of The I.Astudio, 206-204-0507, 15200 52nd Ave. South, Tukwila, 98188; and 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 ❑ casht1equal ashier's check, ❑ certified check, or ❑ postal money order made payable to the City of Tu 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 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 complete the Physical Work in all respects within Thirty [30] calendar days from the date of 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. TUKWILA POOL PARK.NG LOT 8 ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 57 Proposal P-2 TUKWILA POOL: PARKING LOT&ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01 Note: Prices for all items,all extensions,and the total amount bid must be shown. Show prices in both words and figures (ink or typed),and where conflict occurs,the written or typed word shall prevail. Where conflict occurs between the item price and the total amount specified,the item price shall prevail;and totals shall be corrected to conform thereto. BASE BID: PARKING LOT&ACCESS IMPROVEMENTS including, the Demolition and Disposal; and Construction Price for supplying concrete and landscaping as specified without exception: IN WORDS: ] TOTAL BASE BID PRICE $ IN NUMBERS: h pp TOTAL BASE BID PRICE $ � SQ By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum Addendum No. Date of Receipt No. Date of Receipt 1 It-13-I'L 1 2 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 he 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. Award will be based on Base Bid. The Surety Company which will furnish the required Performance Bond is c ll A Na of (roD SLt) g j-;k (Name) (Address) Bidder: Tw.0 Signature of Authorized Official: Printed Name and Title: lr.r Address: {�-� t,V). t..9-G• `7 iLf,.� 1- w& Circle One: Individual/Partnership/Joint Venture/ State of 1 0 oration: (�cJ Corporation Phone No.: 7,571 Lo VI -37?� Date: I/- ),S-- 1'Z 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 any unit prices or extensions are left blank they will be entered as $0.00 no charge. TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 58 P-3 BID SECURITY Bid Deposit: he undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in o a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ 3'756-. )• Bid Bond: The undersigned, (Principal), and (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of dollars ($ ), 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 TUKWILA POOL: PARKING LOT & ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01, 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, and shall in all other respects perform the Contract created by the acceptance of said Proposal, 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 day of , 20 Principal Surety By Signature of Authorized Official Attorney in Fact(Attach Power of Attorney) Title Name and address of local office of agent and/or Surety Company: 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. TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 59 P-4 NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON ) ss. COUNTY OF KING ) 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 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 TUKWILA POOL: PARKING LOT&ACCESS IMPROVEMENTS, Project No. TUKPOOL 2012-01 Name of Firm Signs ure of Authorized Official Title Signed and sworn to before me on this /5— day of ,�i e!e „�'- ; 20_1Z__- S'' ature of Nota I in 6d7for the State of Washington My appointment expires: Ii .� O. �sstiaa •qq . :`�NOTARY��7 = SEAL �* PUBLIC SC` p 0 3 WAS;\\\ TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 60 P-5 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: +s-PL,,4 Address of Bidder: & 7 -. City State Zip Code Contractor's License No. Fj erq rvc,17yKZ Contractor's State Tax No. _(A0ZZ Y4 S"7a Dept. of L&I Bond Registration No. 8-3 Worker's Comp. Acct. No. ILIZ Z 76 `oo Bidder is a(n): ❑ Individual ❑ Partnership ❑ Joint Venture Incorporated in the state of &JA- List business names used by Bidder during the past 5 years if different than above: Bidder has been in business continuously from Z©D -Z Year Bank Reference 13p-oV, > :ICS.- YK:1t�t" Z 7 Bank Account Officer Officer's Phone No. No. of regular full-time employees: 7 Number of projects in the past 5 years completed: " ahead of schedule /O 3 on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for years. As a subcontractor for jT 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 YK. J rn yi S TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENT'S PROJECT Project No.TUKPOOL 2012-01 November 5,2012 61 Responsible Bidder Determination Form P-6 List all those projects, of similar nature and size, completed by Bidder within the past 5 years. Include a reference for each. Any attached preprinted project listing must include all this information. Year Contract Project Name Completed Amount Owner/Reference Name and Phone 017- 17 K e i CA- 'TN t26P-44k F- � fM't- Zolz I C „1-r 64, 5— �.'�,u" G�n-`r�+o� D List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: jq o N r— Total Claims Amount of Contract Arbitrated Settlement Name of Client and Project Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? V No [] Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? No ❑ Yes If yes, please state: Project Name Contracting Party Bond Amount Has Bidder ever been found guilty of violating any State or Federal employment laws? 4No ❑ Yes If yes, give details: TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 62 Responsible Bidder Determination Form P-7 Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? Alo ❑ Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? 19 No ❑ Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? )<No ❑ Yes If yes, please state: Date Type of Inim Agency Receivinq 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 herein. Signature of Bidder Title: Pry k9 Date: -' t Z TUKW ILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012.01 November 5,2012 63 P-8 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT a D ZC t3e-ua O ,)J i- Z Ca �v raw Q„�,•J Labor to be used: &b. r hA�� Name of Bidder Signature of Authorized Official Title TUKWIIA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No.TUKPOOL 2012-01 November 5,2012 64 P-9 PROPOSED SUBCONTRACTORS Name of Bidder �...t �Ms is: ���+ ti' The following is a list of sub-contractors. 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 8 S� Schedule/Bid Item Numbers Name Subcontractor will perform %of Total Bid TUKWILA POOL PARKING LOT&ACCESS IMPROVEMENTS PROJECT Project No,TUKPOOL 2012-01 November S.2012 65 66 concept site plan tukwila pool parking lot and access improvements la solutions City of Tukwila • Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE—Meeting Minutes November 26, 2012—5:00 p.m. PRESENT COUncilmembers: Kathy Hougardy, Chair;Joe Duffle and Allan Ekberg Staff: David Cline, Jack Pace, Minnie Dhaliwahl, Rick Still and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:00 p.m. I.PRESENTATIONS—No presentations. II.BUSINESS AGENDA A. Tukwila Pool Staff is seeking Council approval to award two bids for Tukwila Pool projects as outlined below. The City Council is being asked to approve these bid awards per prior direction given by the Metropolitan Park District (MPD) Board in September 2012. Additionally, the City has been contracted by the Tukwila Metropolitan Park District to manage Tukwila Pool operations, maintenance, capital improvements, and project management through the existing interlocal agreement between the City and the MPD. Tukwila Pool Roof Project — Staff is recommending this bid be awarded to Bates Roofing, LLC, in the amount of$80,750.56 for a new 20-year thermoplastic membrane roof. Bates Roofing is the apparent lower bidder among a total of six contractors who were selected through the City's Small Works Roster. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. Parking, Lot and Access Improvements— Staff is recommending this bid be awarded to Evergreen Asphalt and Concrete, Inc., in the amount of $82,070.25 for parking lot and access improvements including reconfiguration of parking stalls, sidewalk and ramp replacernent, and construction of a seat wall. Evergreen is the apparent lower bidder from a total of six contractors who were selected through the City's Small Works Roster. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 3 CONSENT AGENDA. B. Update: Department of Community Development As information only, staff updated the Committee on the two projects listed below. This informational update was also provided to the Finance&Safety Committee on November 19, 2012. Shoreline Master Program - Staff provided a brief update regarding the new Shoreline Master Program which was adopted in 2011. Since adoption, only two shoreline substantial development applications have come to the City. INFORMATION ONLY. Light Rail Section - Staff also provided an update regarding the noise/parking issues related to Link Light Rail. The noise walls will be going up shortly in the Duwamish neighborhood, and work is expected to be completed by mid-2013. In addition, Sound Transit will be submitting a request for an amendment to the 2004 Parking Determination, asking the City to defer the requirement to provide additional parking until 2017. The City's concern is regarding neighborhood impacts affected by on-street parking. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:40 p.m. Next meeting: Monday, December 10, 2012—5:00 p.m.—Conference Room #3 __Committee Chair Approval Minui , by F<r??1. 67 68 COUNCIL A GENDA SYNOPSIS ' ----------------------------------Initial r--------------------------------- ITEM NO. Meetin Date Prepared by Mayor's review Council review 12/03/12 DCS 5 & 12/10/12 DCS 6.A. ITEM INFORMATION STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 12/3/12 AGENDA ITEM TITLE Tukwila Village Development Agreement(DA) CATEGORY ® Discussion ®Motion ❑ Resolution ❑ Ordinance ❑BidAxard ® PuhlicHeanng ❑ Other Mtg Date 1213112 Mt Date 12/10/12 Mtg Date Mtg Date 11�Itg Date I g Date 12/3/12 Mtg Date SPONSOR ❑ Council ®Mayor ❑HR ❑ DCD ❑ Finance ❑ Fire ❑IT ❑P&R ❑Police ❑PW SPONSOR'S The City Council is being asked to approve a Development Agreement between the City SUMMARY and Tukwila Village Development Associates in order to provide more certain and specific development standards for Tukwila Village. The Council is being asked to conduct a public hearing and review and discuss the DA at the December 3 meeting this evening and then forward it on to the December 10 Committee of the Whole and Special Meeting to follow for approval. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Mayor COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments_ MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/3/12 Informational Memorandum dated 11/28/12 Draft Ordinance adopting the Development Agreement Draft Development Agreement Preliminary Site Plan 69 70 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Derek Speck, Economic Development Administrator DATE: November 28, 2012 SUBJECT: Tukwila Village Proposed Development Agreement ISSUE Staff seeks City Council approval of the proposed Development Agreement for Tukwila Village. BACKGROUND On October 22, 2012 the City Council approved the Disposition and Development Agreement (DDA) with Tukwila Village Development Associates, LLC (TVDA) to develop Tukwila Village. The DDA is the primary agreement governing the roles, responsibilities, and obligations of the City and TVDA for the sale and development of the Tukwila Village property. The DDA sets in motion a number of successive actions and agreements that the parties need to complete. One of those agreements is a "development agreement'. State law authorizes development agreements between cities and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use, and mitigation of real properties. The proposed Development Agreement is scheduled for a public hearing on December 3, 2012 and a City Council vote on December 10, 2012. DISCUSSION If approved, the Development Agreement (DA) would be an agreement between the City and TVDA that would serve three main purposes: (1) Certainty of Development Standards (Vesting) (2) Modified Design Review Standards (3) Additional Design Review Criteria Certainty of Development Standards (Vesting): For a project to receive building permits, it needs to meet the City's zoning and other regulations. If those regulations change before the proposed project has received design review approval, the applicant would have to redesign the project and resubmit the application. Under state law, once a project has received design review approval, it is "vested" for three years. In this example, vesting means that if the applicant submits the building permit application within three years of receiving the design review approval, the application would be reviewed under the standards in effect at the time of the design review approval even if the city changed those standards during those three years. This vesting is important to provide some certainty and stability to the development process. 71 INFORMATIONAL MEMO Page 2 In the proposed DA, the vesting period is extended to start with the effective date of the DA rather than when the project receives design review.approval. This provides additional certainty to TVDA which is especially important for projects of this complexity and that include multiple phases. It is important to note that the proposed DA does not include any provisions that would change any vesting to codes and standards set forth in Tukwila Municipal Code Title 16 (Buildings and Construction) which includes building codes, fire codes, etc. Modified Design Review Standards: The proposed DA includes some modifications to the design review standards that would currently apply to this property. These adjustments do not change the underlying zoning or affect other properties. They only affect the Tukwila Village property. One of the modified standards would allow the maximum height of buildings A and D (as shown on the Preliminary Site Plan) to be increased by five feet to seventy feet. This is important since it may enable an extra story of residential units. Going from four stories of residential to five stories is an approximately 25% increase in units. This makes a very significant improvement to the financial viability of the project and the resulting price the City would receive for the land. Without this additional story, it is possible those buildings would not be financially feasible. The other main modification to the standards relates to allowing the property to have multiple legal parcels (or lots) while being reviewed for site plan and design as if it is one integrated parcel. As an example, regular standards require a landscaped setback along property lines, even property lines that are interior to the overall site. That would mean, for example, that one parking area could not be spread across an interior property line. That would result in two parking areas instead of one and a less efficient use of space. This provision would allow design review as if those interior lot lines were not there. Additional Design Review Criteria: The City has an interest in this project meeting some additional design review criteria that are not currently part of the City regulations. In some cases, this is simply to have a higher standard. For example, as the project goes through design review, the City may want buildings B or E (as shown on the Preliminary Site Plan) to have greater setbacks or lower heights than allowed under existing regulations in order to reduce the visual impact on adjacent properties. In other cases, these additional criteria are necessary because the design review process and Board of Architecture Review (BAR) are being asked to review and approve the design of the plaza and commons to a level of detail that exceeds their normal responsibility and authority. Thus, the DA provides some additional criteria for the BAR to use. For example, before TVDA submits their design review application, the City and TVDA will mutually agree on a "Statement of Purpose and Design" for the plaza that will have specific details and requirements such as types of outdoor furniture, plants, materials, art, etc. The DA enables the BAR to use that Statement of Purpose and Design as additional criteria when reviewing the plaza parcel. The vesting, modified design review standards, and additional design review criteria were referenced in the DDA which was approved by Council in October. Many of those terms were also discussed in the Summary of Proposed Terms and Conditions dated December 14, 2011. As part of the DDA those terms were a statement of intent. Now these terms have been refined and, if approved in the DA, will implement the intent of the DDA. 72 INFORMATIONAL MEMO Page 3 Per State law, development agreements require a public hearing. The public hearing has been scheduled for the City Council meeting on December 3, 2012. RECOMMENDATION The Council is being asked to approve the Development Agreement and consider this item at the December 10, 2012 Committee of the Whole meeting and subsequent December 10, 2012 Special Meeting. ATTACHMENTS Proposed Development Agreement Preliminary Site Plan 73 74 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED TUKWILA VILLAGE DEVELOPMENT AGREEMENT WITH TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties, and WHEREAS, the Tukwila Village development consists of approximately 164,000 square feet of land plus approximately 23,000 square feet of 41st Avenue right-of-way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres; and WHEREAS, Tukwila International Boulevard is part of the Pacific Highway Transportation Corridor shown as Figure 15 in the City's Comprehensive Plan and was identified as the highest priority for City action during the Vision Tukwila process; and WHEREAS, Goal 8.2 of the City's Comprehensive Plan includes implementation strategies to make the Pacific Highway Transportation Corridor an attractive, safe and profitable place to live, do business, shop, and work including, among other things, making improvements to encourage pedestrian and transit travel; enhance the local commercial, residential and pedestrian character; develop a strategic and financial plan to facilitate public and private investment; and provide flexibility in the application of design standards in order to encourage pedestrian-oriented development; and W:Word Processing\Ordinances\Tukwila Village DA 11-13-12 Ds:bjs Page 1 of 5 75 WHEREAS, Goal 8.2.22. of the City's Comprehensive Plan -provides for the establishment of an overlay district in the designated urban renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well-designed, compact, transit-oriented and pedestrian-friendly redevelopment to activate the community along Tukwila International Boulevard; and WHEREAS, in furtherance of the policies and goals of the City Comprehensive Plan and, in particular, Goal 8.2.22, the City Council enacted City Ordinance No. 2257, codified in Chapter 18.43 of the Tukwila Municipal Code, creating the Urban Renewal Overlay District and associated supplemental development standards and criteria; and WHEREAS, the intent of the establishment of the Urban Renewal Overlay District was to activate the community along Tukwila International Boulevard by adopting supplemental development standards and criteria that encourage investment in the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit-oriented development pattern including neighborhood services and pedestrian-friendly commercial and residential improvements with high quality materials and design; and WHEREAS, the adoption of supplemental development standards and criteria providing for taller building heights and reduced parking requirements was intended to make urban densities and amenities more likely, while the impact upon residential areas resulting therefrom would be lessened by requiring development along Tukwila International Boulevard, more significant structured parking and pedestrian-friendly amenities; and WHEREAS, to encourage redevelopment within the Pacific Highway Transportation Corridor, the City began assembling property within the Urban Renewal Overlay District for future development through a public/private partnership; and WHEREAS, the assembled property now comprises "Tukwila Village" and the Tukwila Village development; and WHEREAS, in 2007 the Tukwila City Council adopted the following vision statement for Tukwila Village: Tukwila Village will be a welcoming place where all residents can gather and connect with each other. This mixed-use development will draw upon Tukwila's strengths and include a library, a neighborhood police resource center, retail, restaurants, public meeting space, and an outdoor plaza. The Village may also include office, live/work, and residential space. This active, vibrant place will set high standards for quality and foster additional neighborhood revitalization and civic pride. and W:Word Processing\Ordinances\Tukwila Village DA 11-13-12 Ds:bjs Page 2 of 5 76 WHEREAS, on March 30, 2011, the City issued a request for qualifications for a proposal to develop the Tukwila Village property and on June 6, 2011 the City Council selected Tukwila Village Development Associates, LLC, ("Developer") as the most qualified among the applicants to develop the Tukwila Village property; and WHEREAS, on October 22, 2012, the City Council authorized the Mayor to execute a disposition and development agreement (the "DDA") with Developer, which agreement was fully executed by and between the parties on the 30th day of October, 2012 and grants to Developer the right to control and redevelop the property described therein subject to the terms and conditions of the DDA and in a manner consistent with the goals and policies of the Comprehensive Plan; and WHEREAS, the DDA contemplates at Section 2.7 that the parties will, pursuant to the applicable provisions of state law and City code, enter into a development agreement to set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of the Tukwila Village property for the duration specified in such development agreement; and WHEREAS, the DDA further contemplates at Section 2.7 that certain development standards will be implemented pursuant to the development agreement in order to facilitate redevelopment of the Tukwila Village property; and WHEREAS, pursuant to Ordinance No. 2378 (codified in TMC Chapter 18.86) the City Council enacted standards and procedures for approval of development agreements authorized pursuant to RCW 36.70B.170, et seq.; and WHEREAS, TMC Section 18.86.030 provides that a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards; and WHEREAS, TMC Section 18.86.030 further provides that any approved development standards that differ from those in the City code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval, and that development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code; and WHEREAS, in furtherance of Section 2.7 of the DDA, Developer made application to the City for approval of a development agreement; and W:Word Processing\Ordinances\Tukwila Village DA 11-13-12 Ds:bjs Page 3 of 5 77 WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was conducted on the- 3rd day of December 2012 to take public testimony regarding the proposed development agreement; and WHEREAS, the City Council, having considered the public testimony, the staff report, the DDA, and all other documents and records material hereto, finds and concludes that the proposed development agreement is consistent with the City's Comprehensive Plan and the Tukwila Village vision statement, will promote the goals and objectives of the Comprehensive Plan to revitalize the area in and around Tukwila Village, the conditions for approval as set forth at TMC Section 18.86.060 have been met, and the development standards set forth herein that .differ from those otherwise imposed under the Tukwila Municipal Code are necessary and reasonable in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards; and WHEREAS, the City Council finds that it is in the public interest to approve the proposed Tukwila Village Development Agreement in substantially the form and content as set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to TMC Section 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by this reference as though fully set forth herein and are adopted as findings of fact and conclusions of the City Council. Section 2. Approval of Tukwila Village Development Agreement. Pursuant to RCW 36.7013.170, et seq. and TMC Chapter 18.86, the proposed Tukwila Village development agreement attached hereto as Exhibit "A" is hereby approved and shall govern development of the property for the term as set forth therein. Section 3. Execution. The Mayor is hereby authorized on behalf of the City to execute the proposed development agreement in substantially the form and content of the proposed development agreement attached hereto as Exhibit "A". Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W:Word Processing\Ordin*fces\Tukwila Village DA 11-13-12 Ds:bjs Page 4 of 5 78 Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Exhibit A— Development Agreement W:Word Processing\Ordinances\Tukwila Village DA 11-13-12 Ds:bjs Page 5 of 5 79 80 DEVELOPMENT AGREEMENT FOR THE TUKWILA VILLAGE DEVELOPMENT PROJECT THIS DEVELOPMENT AGREEMENT (this "Development Agreement") is entered into as of the day of , 2012 by and between the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non-charter code city (the "City"), and Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer"), pursuant to the authority of RCW 36.70B.170 et seq and Chapter 18.86 of the Tukwila Municipal Code, and in consideration.of the mutual benefits to be derived. The City and Developer are sometimes collectively referred^;to in this Development Agreement as the "Parties," and individually as a "Party." The P:art�es''haye entered into this Development Agreement with reference to the following facts: I.RECITALS WHEREAS, RCW 36.70B.170, et seq` and TMC Ch. 18.86 authorizes development agreements between the City and persons having ownership',or`control of real property in order to establish development standards'to govern and vest the"development, use and mitigation of real properties; and WHEREAS, Tukwila Village Development consists of approximately 164,000 square feet of land plus approximately 23,000 square feet of 4V Avert ght of way on the northeast corner of Tukwila International Boulevard plus.approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard , totaling approximately 6.4 acres; and WHEREAS International Boulevard is part of the Pacific Highway Transportation'Corrzdar shown as Figure 15 in the City's Comprehensive Plan and was identified as the highest priority for City action during the Vision Tukwila Process; and WHEREAS, Goal .8"2 of the City's Comprehensive Plan includes implementation strategies to make,the Pacific Highway Transportation Corridor an attractive, safe and profitable place to live, do business, shop,!;and work, including, among other things, making improvements to encourage pedesttan and transit travel, enhance the local commercial, residential and pedestrian character, 'develop', strategic and financial plans to facilitate public and private investment, provide flex�bity in the application of design standards in order to encourage pedestrian-oriented development; and WHEREAS, Goal 8.2.22 of the City's Comprehensive Plan provides for the establishment of an overlay district in the designated urban renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well designed, compact, transit-oriented and pedestrian-friendly redevelopment to activate the community along Tukwila International Boulevard; and 1 81 WHEREAS, in furtherance of the policies and goals of the City Comprehensive Plan, and in particular, Goal 8.2.22, the City Council enacted City Ordinance No. 2257, codified at Chapter 18.43 of the Tukwila Municipal Code, creating the Urban Renewal Overlay District and associated supplemental development standards and criteria; and WHEREAS, the intent of the establishment of the Urban Renewal Overlay District was to activate the community along Tukwila International Boulevard by adopting supplemental development standards and criteria that encourage investment in the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit-oriented development pattern including neighborhood services and_pedestrian-friendly commercial and residential improvements with high quality materials and design; and WHEREAS, the adoption of supplemental development standards and criteria providing for taller building heights and reduced parking,requirements w8:;.,intended to make urban densities and amenities more likely while the inpd'ct upon residential areas resulting therefrom ti would be lessened by requiring development along Tukwila International Boulevard, more significant structured parking and pedestrian-friendly amenities, and WHERAS, to encourage redevelopment within tfi'e Pacific Highway Transportation Corridor, the City began assembling property within the 'Urban Renewal Overlay District for future development through a public/private partnership; and WHEREAS, the assembled property now comprises "Tukwila Village" and the Tukwila Village Development; and WHEREAS, in 2007 the Tukwila City Council adopted the following vision statement for Tukwila Village:, Tukwila Village will be a welcoming place where all residents can gather and"connect with each other. This mixed-use development will draw upon, Tukwila's strengths and include a library, a neighborhood police resource center, retail, restaurants, public meeting space, ar►d an outdoor plaza. The Village may also include .office, 6e/work, and residential space. This active, vibrant place. will set high standards for quality and foster additional neighborhood revitalization and civic pride. WHEREAS, On March 30, 2011, the City issued a request for qualifications for a proposal to develop the Tukwila Village property and on June 6, 2011 the City Council selected Developer as the most qualified among the applicants to develop the Tukwila Village property; and WHEREAS, on October 22, 2012 the City Council authorized the Mayor to execute a disposition and development agreement with Developer, which agreement was fully executed by and between the Parties on the 301h day of October, 2012 (the "Disposition and Development 2 82 Agreement" or "DDA") and grants to Developer the right to control and redevelop the property described therein subject to the terms and conditions of the DDA and in a manner consistent with the goals and policies of the comprehensive plan; and WHEREAS, the DDA contemplates at Section 2.7 that the Parties will, pursuant to the applicable provisions of state law and city code, enter into a Development Agreement to set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the Property for the duration specified in such Development Agreement; and WHEREAS, the DDA further contemplates at Section''2.7 that certain development standards will be implemented pursuant to the Developm'04t Agreement in order to facilitate redevelopment of the Tukwila Village property; and WHEREAS, pursuant to Ordinance No 2378 (codified at TMC Ch. 18.86) the City Council adopted standards and procedures for,approval of developments agreements authorized pursuant to RCW 36.70B.170, et seq.; and WHEREAS, TMC 18.86.030 provides that; a development agreement may allow development standards different. from those otherwise,imposed under the Tukwila Municipal Code in order to provide flexibility to achieve,public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards;..and WHEREAS, TMC 18.86.030 further provides that,any approved development standards that differ from those in the City Code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval, and that, development standards as approved through a development agreement shall apply to and govern the'°development and implementation of each covered site in lieu of any conflicting or different'standards'or requirements elsewhere in the Tukwila Municipal Code; and W ffiREAS, in furtherance of Section 2.7 of the DDA, Developer has made application to the City for approval of a development agreement; and WHEREAS, Ia, `required pursuant to TMC 18.86.050, a public hearing was conducted on the _ day of 2012 to take public testimony regarding this Development Agreement, as proposed, and;,.:;:;:' WHEREAS, the City Council pursuant to City Ordinance No. approved the Development Agreement as proposed and authorized execution of the Development Agreement; and WHEREAS,pursuant to TMC 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; and 3 83 WHEREAS, the Parties desire to enter into this Development Agreement upon the terms and conditions as set forth herein. NOW, THEREFORE, in consideration of the mutual agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and Developer hereby agree as follows: II.AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that;the foregoing recitals are true and correct to the best of their knowledge and are inco orated b { 'this reference as though full g rP , .,.Y g Y set forth herein. -F= Section 2. Definitions. In addition to the tern's defined elsewhere in this Development Agreement, except as otherwise provided herein, the following terms where capitalized in this Development Agreement shall have the same definition as given to that term in the Disposition and Development Agreement: "Affiliate"; "Approved Site Plan"; "Boundary Line Adjustment" or "BLA", "Business Day"; "City Council"; "Commons" "Developer"; "Development Parcel" "Development Phase"; "Development Impact Fees"; "Estoppel Certificate of Completion" "Improvements % Laws ; "Library Parcel", «Mayor"; "Person "Phased Development Plan'' "Plaza"; "Plaza Parcel", "Preliminary Site Plan"; "Proposed Site Plan"; "Site" In addition to the foregoing defined terms, the following terms where capitalized in this Development Agreement shall have the meaning given as follows: 4 84 "Effective Date" shall mean the later of the following dates: (a) the date herein set forth above, or (b) twenty-one (21) days following approval of this Development Agreement pursuant to Ordinance No. "Governing Regulations" shall mean and refer to that term as defined at Section 5 herein. "Project" shall mean and refer to the development and redevelopment of the Property in conformance with the terms and conditions of the DDA and the Development Agreement. Project shall not refer to or include development of the Library Parcel, unless pursuant to the terms and conditions of the DDA, the Library Parcel comes under the control of Developer. "Property" shall mean and include, collectively, those''7ots and parcels legally described and shown in the attached Exhibit"A" (Legal Description) and as generally depicted in Exhibit "B" (Depiction of the Property), and shall mean and 'include sueh lots and parcels as altered or combined pursuant to a Boundary Line Adjustme:fif'''The Parties agree that upon approval of a boundary line adjustment of any lot or parcel that comprise any part of the Property, Exhibits "A" and "B" will be amended by inserting and substituting therein for the affected lots or parcels, the legal description and depiction of the newly created lots 6 parcels. The term "Property" shall not include the Library Parcel unless and until'the Library Parcel is released by the City to Developer pursuant to Section 2.9(B) of the DDA' "Vesting Period" shall have the meaning given pursuant;to Section 4 hereof. Section 3. Project :Description. This Project is commonly. known and referred to as "Tukwila Village" grid involves the phased redevelopment of the Property consisting of approximately 164,000 Square feet of land plus approximately 23,000 square feet of 41St Avenue right of way on the northeast corner, of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately''6 4'acares The Property is located within the Neighborhood Commercial Center and the High Density'Residential Districts and is also within the Urban Renewal Overlay District and is subject to development pursuant to the terms and conditions of the DDA. Development of the Property will consist generally of the following minimum uses and elements with the corresponding ,minimum areas or;;dwelling units, with at least seventy-five percent (75%) of the housing units being age-restricted;(senior housing) as defined under the applicable federal fair- housing laws, together,with other uses that are allowed under the City's zoning code: 3.1 Uses and Sizes.'' 3.1.1 Office Space 20,000 square feet 3.1.2 Police Resource Center 2,000 square feet 3.1.3 Retail 11,000 square feet 3.1.4 Indoor Community Commons 2,000 square feet 3.1.5 Outdoor Community Plaza 20,000 square feet 3.1.6 Housing Units 380 units Section 4. Statement of Authority and Intent. This agreement is entered into pursuant to 5 85 the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this Project under current Governing Regulations, subject to Section 6 herein (Development Standards), for the Vesting Period. The Vesting Period shall commence upon the Effective Date and shall end upon the earlier of (a) expiration of design review approval of the Approved Site Plan as provided pursuant to TMC 18.60.070(E), or (b) upon termination of the Development Agreement as provided at Section 16 hereof. As of the Effective Date, the provisions of this Development Agreement, and the Governing Regulations, subject to the provisions of Section 6 (Development Standards), shall apply to and govern and vest the review and approval, including associated State Environmental Policy Act (SEPA) review, of the Project. Vesting is limited to the specific topics and subjects referenced in this Development Agreement. Any development requirement of the City not specifically referenced herein shall apply based on the ''date of vesting as determined in accordance with City ordinances and state law. During the Vesting Period and subject to Section 16 (termination), the City shall not impose any modification of or!new or additional Governing mil Regulations on the Project. To the extent that neither this Development Agreement nor the Governing Regulations address a certain subject, element or condition ;of„the Project, then the Project shall be governed by the City's then-existing code. Section 5. Governing Regulations. The term "Governing Regulations' shall have the following meaning: 5.1 Scope. Except as otherwise provided at subsection 5.2 and 5.3 herein, "Governing Regulations” shall mean and refer to the ordinances adopted by the City Council of Tukwila, and in effect on the Effective Date,.that.govern the permitted uses of land, the density and intensity of use, and the design standards and specifications applicable to the development of the Property, including,but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Tukwila International Boulevard Design Manual, the Multi-Fa be'sign.Manual, the Parking Structure Design Manual, the Statement of Purpose and Design''for the Commons, the Statement of.Purpose and Design for the Plaza, the Public Works '85fdridards, mitigation imposed or agreed to as part of SEPA review, concurrency ordinance, iand all other ordinances, codes, rules and regulations of the City establishing subdivision standards, standards and procedures for boundary line adjustments, storm and surface water regulations. The term Governing Regulations does not include non-land use regulations, including by way of example and not limitation, taxes and impact fees. Except as provided herein at subsections 52 and 5.3, development of the Property during the Vesting Period shall not be subject to any amendments to the Governing Regulations. 5.2 Police Power/Pre-emption. The Project shall not be vested against the application of development standards that are imposed by virtue of state or federal pre-emption of the City's regulatory or contractual authority. For example, in the event that a court of jurisdiction issues a final decision that the standards and requirements set forth in a National Pollution Discharge Elimination System ("NPDES") permit are not subject to vesting provisions under state or local law, the applicable provisions of such NPDES permit shall control. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new 6 86 development regulations to the extent the new regulations are required to prevent or mitigate a serious threat to public health and safety. 5.3 Codes. The Codes and Standards set forth at TMC Title 16 (Buildings and Construction), in effect as of the date of the filing of a complete application for a building permit shall apply to all new development and the redevelopment or modification of existing development on the Property under such permit; provided that, no amendment to any such code or standard effective after the date of filing of a complete application for a building permit, shall apply to the Project unless it is necessary to prevent or mitigate a serious threat to public health and safety or has general application city-wide. Section 6. Development Standards; Conditions. 6.1 Application of Urban Renewal Overlay`District This Project is located within the Urban Renewal Overlay District and is subject.to`'the supplemental'illidevelopment standards set forth therein and the development standards m the underlying zoning regulations, except as modified pursuant to Section 6 (Development Standards; Conditions) hereof 6.2 Application of Development Standards RCOV 36.70B.180 (3) (d) and TMC 18.86.030 authorize the establishment of.design standards by a development agreement. More specifically, TMC 18.86.030 provides that, a development;,agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that provide the functional equivalent`or adequately achieve the purposes of otherwise;applicable City standards. Pursuant thereto and during the Vesting Period, the provisions of this 6.. set forth the development standards that differ from or supplement those standards set forth in the Governing Regulations. Accordingly, the following development standards shall apply to and govern and vest the development, use, and mitigation of the Pro�ect'�Inproements in lieu of any conflicting or different standards or requirements elsewherein the Govemtng,Regulations. 6.3 a , Design Re 1e Procedures - Proposed Site Plan. The Project shall be subject to design review approval by the Board of Architectural Review ("BAR") pursuant to TMC Ch. 18.60 ("Design` TIN iew"). The Proposed Site Plan submitted for Design Review approval with the application shall conform ,to 'and identify as to each proposed Development Parcel, the P information re uired ursuant to�'MC Ch. 18.60 and the following elements: q 6.3.1. Lines"marking the boundaries of the existing lots(s) or parcel(s), provided that any existing lot boundary to be eliminated or altered should be a dashed line and so noted. 6.3.2. Locations of existing and proposed public or private roads and easements, including private access easements. 6.3.3 Location of proposed new property lines and numbering of each lot or parcel. 6.3.4 Location, dimension and purpose of existing and proposed easements and encumbrances, including but not limited to parking easements. 6.3.5 Location of any proposed dedications. 7 87 6.3.6 Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the Property. 6.3.7 Expected location and setbacks of proposed new buildings, parking areas and driveways. The Proposed Site Plan, if approved through the City's Design Review process, will become the "Approved Site Plan"; provided that, the Proposed Site Plan may be modified by Developer during Design Review in response to issues raised by the BAR. Upon approval pursuant to TMC Ch. 18.60, development of the Property shall conform to the Approved Site Plan, any conditions attached thereto, and any approved amendments thereto. Major and Minor amendments to the Approved Site Plan shall be approved in accordance with the provisions of Section 6.6 hereof(Major and Minor Amendments—Site-Pi fi Approval). 6.4. Design Review Procedures - Application Submittal and ApRroval. Each application submitted to the City for Design Review for a proposed Development Parcel in accordance with the requirements of TMC Ch 48.60, shall include the information required pursuant to TMC Ch. 18.60 and the following elements: 6.4.1 Conceptual floor plans, floor areas arid`detailed elevations of proposed new buildings and other structures. 6.4.2 Landscaping plan. 6.4.3 A table of uses, floor areas and housing,,units consistent with Section 3 (Project Description). 6.4.4 Identification of facilities in conformance with Section 2.11 (Restaurant/Retail Space Covenant) of the DDA. 6.4.5 Identification of facilities in conformance with Section 2.12 (Police Resource Center) of the DDA. 6 5 ' Deswn''Review Standards and Review Criteria. The design standards and review criteria applicable to "the Property shall, in addition to the relevant criteria set forth at TMC 18.60.050'D and the Governing Regulations, include criteria consistent with the following: 65 1. Vision Statement. ' The City's Vision Statement for Tukwila Village as referenced in this D,'e-Yelopment Agreement. 6.5.2. `Focal Pon"t`Design. The Preliminary Site Plan represents the relationship of proposed new buildings fo,the Plaza and the neighborhood and, as such, focal points, such as prominent building corners '`must have a defined architectural expression and visual interest. By way of example and not limitation, such defined architectural expression and visual interest may include a rounded or chamfered wall, a tower, transparency, or architectural lighting at night. 6.5.3. Buildings Along Eastern Boundary. If any portion of buildings B or E as shown on the Preliminary and Proposed Site Plan is proposed to be located within 30 feet of an adjacent property that is zoned LDR, MDR, or HDR, the BAR may require and allow portions of the building to have greater or lesser setbacks and/or lower height limits than allowed under the Governing Regulations, provided that the average setbacks and/or height limits allowed shall be 8 88 consistent with the Governing Regulations. The BAR may encourage modulation of building facades and/or height modulation of buildings B or E as shown on the Preliminary and Proposed Site Plan in order to reduce the visual impact on adjacent properties, but such modulation shall not be mandated solely to reduce density that is otherwise allowable under the Governing Regulations. 6.5.4. Minimum Interior Height. Non-residential uses at street level shall have a floor-to-floor height of at least 15 feet. This height shall be as measured from the primary entry of the tenant space(s)intended to occupy the street level. 6.5.5. Landscaping Standards. The landscaping standards and requirements under the Governing Regulations standards shall apply to the Property; provided that, the specific Landscaping standards and requirements set Earth'ui ahe "Statement of Purpose and Design" for the Plaza and the Commons, as approved 'pursuant to the DDA, are adopted as design standards for purposes of Design Review and shall be reflected in the Design Review submittals for the Plaza Parcel. 6.5.6 Integrated Site. The Development .Parcels within each Development Phase may contain multiple lots, tracts or parcels that will function 'as a single site. Accordingly, each Development Phase shall be considered as a single integrated site, as if there were no interior lot lines, for purposes of determimng: compliance with the dimensional requirements and set-back requirements applicable to each s'uch.Development Phase. Further, if the BAR determines that two or more Development Phases will function as a single integrated site, such Development Phases shall together be considered as.4-single integrated site, as if there were no interior lot lines; for purposes of determining compliance with Governing Regulations such as building set-backs,recreation space, parking, and landscape requirements. 6.6 Major and Minor Amendments — Approved Site Plan. All proposed amendments to the Approved Site Ian shall be considered pursuant to the provisions of TMC Ch. 18.60. 6.7 Additional Building Height. The Specific Urban Renewal. Overlay Development Standards aiid,.Criteria (TMC..,18.43.070) includes supplemental development standards that allow building heights up to 65 feet. The maximum building heights for buildings fronting along Tukwila International Boulevard, represented by buildings A and D as shown on the Preliminary Site Plan, shall be incr:.eased by five (5) feet to seventy (70) feet. This increase in building height is consistent with goals..of,the Comprehensive Plan to encourage development within the Urban Renewal Overlay District while minimizing impact to residential development by limiting the increase in height to development adjacent to the transportation corridor. 6.8. Land Use Permit Process. The Project will be implemented in phases by a series of land use permit applications. Each land use permit application shall be consistent with the requirements of this Development Agreement. 6.9 Additional Conditions of Approval. The following additional conditions of approval are established pursuant to TMC 18.86.060. 9 89 6.9.1 Phasing of Development. The Parties acknowledge that the most efficient and economic development of the Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the Property to have the rate of development determined by the Developer. Accordingly, Developer shall have the right to develop the Property in multiple Development Phases to facilitate financing and ownership, to aid in the timing of and sequencing of construction, and to attain flexibility to adjust to market demand and other factors. In furtherance thereof, the Development Phases and the expected build-out period for each Development Phase shall be set forth in the Phased Development Plan. Development of the Property shall conform to the Phased„Development Plan and shall be p ( ) y veloper shall develop the Plaza Parcel completed within five 5 ears of the Effective Date. De contemporaneously with, and as part of, the development of fhe first Development Phase. The Development Parcels that are associated with each Development Phase, including the Plaza Parcel, may be owned, operated and managed separately;`although initially developed under the control of Developer or an Affiliate 6.9.2 Additional Approvals. The City shall have the right to require easements, dedications and/or covenants for public purposes such as water, sanitary sewerl'';and storm water facilities for each Development Phase., Any roads to''be dedicated as public right of way shall conform to City design standards consistent with the Governing Regulations. Except as may be otherwise provided herein, all water, sanitary sewer,and storm;water facilities shall conform to design standards consistent with the Governing Regulations. Section 7. SEPA Conditions of Approval. The Parties agree that, as of the Effective Date, the City has not initiated review of the Project pursuant to the State Environmental Policy Act ("SEPA") or the implementing provisions of TMC. Title 21, and that SEPA applies to land use and development approvals that will be issued during the Vesting Period. The City shall not exercise.., 'substantive SEPA authority to impose conditions on land use approvals for this Project i sued durmg''the Vesting Period in a manner that is inconsistent with the Governing Regulations,. Section 8. Concurrency The Parties agree that, as of the Effective Date, the City has not determined if the:Project meets tl'e concurrency requirements of TMC 9.48 and TMC 21.04 and that the provisions thereof app"": land use and development approvals that will be issued during the Vesting Period The City shall not, during the Vesting Period, exercise its authority to determine if the Project meets he City's standards for transportation, water, sewer, and storm water concurrency approval and mitigate significant adverse impacts, in a manner that is inconsistent with the Governing Regulations. Section 9. Impact Fees. This Project shall be subject to assessment and collection of, transportation impact fees pursuant to TMC Ch. 9.48, fire impact fees pursuant to TMC Ch. 16.26, and Parks Impact Fees pursuant to TMC Ch. 16.28. Section 10. Street Vacation. 41st Avenue is a public right of way that encumbers the Property. The City and Developer acknowledge and agree that Developer's obligations are 10 90 contingent upon Final City Council Approval of vacation of that portion of 41st Avenue encumbering the Property. Section 11. Maior and Minor Amendments - Development Agreement. All Proposed amendments to the Development Agreement shall be considered in accordance with this Section 11. 11.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment;;shall be incorporated into this Development Agreement as an amendment pursuant to Section 2I''hereof. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. :A 1Vl4ior Amendment to the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereon. 11.2 Minor Amendment Defined A proposed amendment,! to the Development Agreement shall be considered a minor amendment of the proposed amendment does not modify the Governing Regulations or Section 6 (Development Standards; Conditions) hereof, does not materially modify the size or scope of the Project, and does not modify the Vesting Period or term of this Development Agreement. 11.3 Major Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment. 11.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayorcan determine whether or not the proposal qualifies as a Minor Amendment. If the application does hot;;provide. sufficient information, the Mayor may request additional information.from the Developer or reject the application. Upon receipt of sufficient information to determine if the proposal" set forth in the application constitutes a Minor Amendment, the Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the Mayor determines,that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively. approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a`Major Amendment, the Developer shall submit the proposal in accordance with the same process for '.approval of a Development Agreement, withdraw its proposed amendment, or modify and re-submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 12. Further Discretionary Actions. Developer acknowledges that the Governing Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Governing Regulations and the development standards 11 91 and conditions set forth in Section 6 hereof. Section 13. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of this Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Subject Property. Section 14. Dispute Resolution Process. 14.1 The parties agree to use their best efforts to resolve disputes arising out of or related to this Development Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: 14.1.1 Level One —Developer's principal or designee and the City's Community Development Director or Public Works_Director shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level One, eithe%party may refer the dispute to Level Two. is 14.1.3 Level Two — Developer's principal and the City Administrator or Mayor shall meet to discuss and attempt to resolve the dispute rn'a timely manner. 14.2 Except as otherwise specified in I this Development Agreement, in the event the dispute is not resolved at Level two within fourteen (14) cale'n'dar days after referral of that dispute to Level Two, the Parties are free to file suit.. or agree to ,alternative dispute resolution methods such as mediation or arbitration. At all times prior to resolution of the dispute, the parties shall continue to.perform under this Development Agreement in the same manner and under the same terms as existed prior to the dispute. 14 3 Tn the event that the Parties choose to resolve a dispute through binding arbitraO60.;`the parties''agree to the following procedure: 14.3.1 Binding arbitration between the parties pursuant to this Section shall be governed by thetules and procedures set forth in this Section. 14.1 If, the parties to the dispute are unable to agree upon a single arbitrator within fourteen (14) calendar days of failure to resolve the dispute at the end of the Level Three process, then a board of three arbitrators shall be appointed by the American Arbitration Association ("AAA") in compliance with the Rule of Appointment of Neutral Arbitrator. Any arbitrator appointed by AAA under this Subsection shall possess knowledge of the particular matters at issue in the arbitration. 14.3.3 Upon selection of the arbitrator(s), said arbitrator(s) shall determine the question(s) raised within fourteen (14) calendar days, unless a different period of time is otherwise agreed upon by the parties in writing. Said arbitrator(s) shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar days of the Arbitrator(s)' determination of the questions raised, unless a different period of time is otherwise 12 92 agreed upon by the parties), and place of hearing evidence and argument; take such evidence as the arbitrator(s) deem_ s relevant, with witnesses required to be sworn; and hear arguments of counsel or others. 14.3.4 After consideration of all evidence, testimony and arguments, said single arbitrator or said board of arbitrators or a majority thereof shall, within thirty (30) days of completion of the hearing, promptly state such decision or award in writing. Said decision or award shall be final, binding, and conclusive on all parties to the arbitration when delivered to them. Until the arbitrator(s) issue the first decision or award upon any question submitted for the arbitration, performance under the Development Agreement shall continue in the manner and form existing prior to the rise of such question. After delivery of said first decision or award, each party shall forthwith comply with said first decision or award immediately after receiving it. 14.3.5 Developer and the City shall share equally.the compensation, costs, and expenses of the arbitrators, but each shall be responsible for their'own fees and expenses of its own witnesses, exhibits, and counsel. 14.3.6 The arbitrator(s) shall have the authority to entef awards of equitable remedies consistent with the obligations of the City! and Developer under this Development Agreement. 14.3.7 The arbitrator(s) shall not have the 'authority to enter any award, the satisfaction of which by the party to be bound, would be impermissible under any law, regulation, or funding agreement to which the bound party is subject. The determination of any such impermissibility shall be made by a court of competent jurisdiction within the State of Washington and under:the laws of the State of Washington. Any such determination shall be appealable. Section 15 DefauYt�and Remedies. 18 I- Cures Talon More Than Thirty Days. No Party shall be in default under this Development !Agreement unless it has failed to perform as required under this Development Agreement for a,period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within4be thirty(30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 15.2 Rights of Non Defaulting Party. A party not in default under this Development Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Development Agreement. 15.3 Attorneys' Fees. In any action to enforce or determine a Party's rights under this Development Agreement, the prevailing party shall be entitled to attorney's fees and costs as provided under Washington law. 13 93 15.4 Termination of Developer's Rights; Effect. The Parties acknowledge that the Developer's right to take ownership of and develop the Property, in whole and in part, is subject to the terms and conditions of the DDA. In the event that Developer's right to develop the Property is terminated pursuant to the DDA prior to commencement of development of the Property, the rights, duties and obligations of the Developer and City under this Development Agreement shall terminate contemporaneously therewith. In the event that the Developer's right to develop a Development Parcel or Development Parcels comprising a Development Phase is terminated pursuant to the DDA, the rights duties and obligations of the Developer and the City under this Development Agreement shall terminate contemporaneously therewith as to those Development Parcels comprising such Development Phase if such termination can be narrowly tailored as provided in Section 15.5 hereof. 15.5. . Relief Against Defaulting Party or Portion of Property. In recognition of the anticipated transfers by Developer of Developmeiit,parcels to third parties, remedies under this Development Agreement shall be tailored to the''Development Parcels ,or parties as provided below. 15.5.1 Relief Limited to Affected Parcel Any claimed default shall relate as specifically as possible to the Development Parcel of'ithe;Property involved, and any remedy against any party shall be limited to the extent possible tQ,the owners of such Development Parcel of the Property. 15.5.2 Relief Limited to Affected Owner. . To the extent possible, the City shall seek only those remedies that do not adversely,affect he rights, duties or obligations of any other non-defaulting owner of portions of the Property. under this Development Agreement, and shall seek to utilize the severability provisions set forth in this Development Agreement. 15:6 Speclf c :Performance. The Parties specifically agree that damages are not an adequate;'renedy for breach of this Development Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any party in default hereof. Section 16. Termination. This Development Agreement shall expire and/or terminate on the earlier of the terrrunafon/expiration provisions set forth as follows: 16.1 This Development Agreement shall expire as to each Development Phase, and be of no further force and effect; if the development contemplated in this Development Agreement for such Development Phase, and all of the permits and/or approvals issued by the City for such development, are not substantially underway in conformance with the Phased Development Plan. Nothing in this Development Agreement shall extend the expiration date of any permit or approval issued by the City for any development. 16.2 This Development Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals 14 94 identified in this Development Agreement, and submits applications for development of the Property that are inconsistent with such permits and approvals. 16.3 This Development Agreement shall terminate upon the expiration of the Vesting Period identified in Section 4. 16.4 This Development Agreement shall terminate as to each Development Phase, when the Development Parcels comprising the Development Phase have been fully developed as evidenced by the City's issuance of an Estoppel Certificate of Completion pursuant to the DDA. Upon termination of this Development Agreement, tlie'City shall record a notice of such termination in a form satisfactory to the City Attorney that the Development Agreement has been terminated. Section 17. Effect upon Termination on .Developer Obligations. Termination of this Development Agreement as to the Developer ofthe"subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision niap,or other land use entitlements approved with respect to the Subject:'Prgperty; 'any other conditions of any other development specified in the Development Agreement to continue after the termination of this Development Agreement or obligations to pay assessments, dens, fees or taxes. Section 18. Effects upon Termination on City. . Upon any termination of this Development Agreement as to the Developer of the subject.Property, or any portion thereof, the entitlements, conditions of development and all other terms and conditions of this Development Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant-to„then existing planning and zoning laws). Section O;9 Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Development Agreement with all their rights, title and interests therein to any person, firm or corporation: at any time during the term of this Development Agreement. Developer shall;provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property,'at least 30 days in advance of such action. Section 20. Covenants.Running with the Land; Recording. 20.1 The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Development Agreement, as such 15 95 duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. 20.2 A Memorandum of Development Agreement in substantially the Form of the "Memorandum of Development Agreement" attached hereto as Exhibit "C" shall be recorded against the Property such that the terms and conditions of the Development Agreement shall operate as a covenant running with each Development Parcel and shall be binding on Developer and Owners, their heirs, successors and assigns until this Development Agreement expires or is terminated as to such Development Parcel. Section 21. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent'of all of the parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth at Section 6.6 and Section 11 hereof. Section 22. Releases. Developer, and any supsequent owner, may be released from further obligations relating to the sold, assigned, or tranferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 23. No Third-Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the parties hereto arid;their successors and assigns. No other person shall have any right of action based upon any„provision of this Development Agreement. Section 24. Interpretation. The Parties intend this Development Agreement to be interpreted to the full extent authorized by. law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Development Agreement shall be construed to,exclude from the scope of this.Development Agreement and to reserve to the City,'orily that police power authority which is`prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement has been reviewed and revised iy legal counsel for ,both parties, and no presumption or rule construing ambiguity against the drafter of the document shall.apply to the interpretation or enforcement of this Development Agreement. Section 25. Notice All communications, notices, and demands of any kind that a party under this Development Agreement requires or desires to give to any other Party shall be in writing and either (i) delivered personally,{ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6300 Southcenter Boulevard Tukwila,Washington 98188 16 96 Attn: Mayor's Office With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah, Washington 98027-3820 General: 425-392-7090 Fax: 425-392-7071 If to Developer to: Tukwila Village Development Associates,`LLC Attn: Bryan M. Park, Manager c/o Pacific Northern Construction Company, Inc. 201 - 27th Avenue SE, Building A, Suite 300 Puyallup, WA 98374 General: (253) 231-5001 Fax: (253) 231-5010 Notice by hand delivery or facsimile shall be effective upon receipt., If deposited in the mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. Section 26 ,Excusable Delay. (Force Majeure). In addition to specific provisions of this Development'A'g'reerrient, and notwithstanding an y to the contrary in this Development Agreement; neither Party shall be in default in the performance or the failure of performance of its obligations under this-,Development Agreement, or in the delay of its performance, where such failure or.delay is due :to war, insurrection, strikes, lock-outs or other labor disturbances, one or more acts of a public enemy, war,riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance..by any governmental authority or utility company (so long as the Party seeking the extension"has adequately complied with the applicable processing requirements of such governmental authority'br utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Developer, Developer's inability to finance the construction of the Development, and Developer's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Developer) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the 17 97 date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within ten (10) days of receipt of the notice (such extension of time is referred to herein as "Force Majeure"). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 11 herein. Section 27. Indemnification. Except as otherwise specifie,ally provided elsewhere in this Development Agreement and any exhibits hereto, each party shail'protect, defend, indemnify and hold harmless the other party and their officers, agents,-and,;I,' ployees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result-from any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this Development Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose negligent action or omissions;gaye rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and if final judgment be rendered against the other party and its'officers;'agents, and employees or jointly the Parties and their respective officers,.agents, and employees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same, provided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder-shall be for the benefit of the City as an entity, and not for members of the.general public. Section 28. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce; the terms of this Development Agreement, the prevailing Party shall be entitled to"recover its'�'reasonable attorneys"fees and costs from the non-prevailing Party. Venue for any action shall lie in:-.King County Superior Court or the U.S. District Court for Western Washingtion.. Section 29 Third Party Leal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or successor(s) or assign(s). In such event, Developer and/or such successors) or assign(s) shall hold the City harmless from and defend'.di' City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 30. Severabilit_y. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any 18 98 provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either party in good faith determines that such provision or provisions are material to its. entering into this Development Agreement, that party may elect to terminate this Development Agreement as to all of its obligations remaining unperformed. Section 31. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Development Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Development .r4. Agreement. Section 32. Exhibits and Appendices Incorporated: !j;Each Exhibit attached hereto or referenced is incorporated herein by such reference as if fully set forth herein. Section 33. Headings. The headings in thrs Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwi! odify the terms and conditions of this Development Agreement. Section 34. Time of the Essence. Time is of the essence of this Development Agreement and of every provision hereof. Unless otherwise set forth rn .this Development Agreement, the reference to "days" shall mean calendar days. If any time 'for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. Section 35. Entire Agreement. This Development Agreement, and the DDA referenced herein, represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral. or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. THIS SECTION INTENTIONALLY LEFT BLANK 19 99 AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: CITY: CITY OF TUKWILA, a municipal corporation By: Jim Haggerton Mayox Attest: By: Christy O'Flaherty, City Clerk Approved As To Form: By: Shelley Kerslake City Attorney . DEVELOPER: TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC ' By: Bryan M. Park Manager 20 100 STATE OF WASHINGTON ) )ss COUNTY OF ) On , 20_, before me, the undersigned, a Notary Public, personally appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. STATE OF WASHINGTON ) )ss COUNTY OF ) On , 20 , before me, the undersigned, a Notary Public, personally appeared BRYAN M. PARK, personally known to me (or proved to me on the basis of satisfactory evidence) to be he person whose name is subscribed to the within instrument, and acknowledged to me that he Z executed..,the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS myhand and officzal.,seal. 21 101 EXHIBITS: Exhibit A Legal Description of Property Exhibit B Depiction of the Property Exhibit C Form of Memorandum of Development Agreement 22 102 Exhibit A Legal Descriptions of the Property PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE,AS PER PLAT RECORDED IN VOLUME 13 OF PLATS.PAGE 12.RECORDS OF KING COUNTY AUDITOR,AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15.TOWNSHIP 23 NORTH.RANGE 4 EAST W.M..DESCRIBED AS FOLLONVS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTH 01 027'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LLNTE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1).DISTANT SOUTHERLY 250.50 FEET(AS MEASURED ALONG SAID EASTERLY LINE)FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1/4: THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF: THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO.412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01 027'30"WEST FROM THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET. THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. PARCEL A-1: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LAVE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST li4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH.RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION: THENCE SOUTH 01027'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1)WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST 114ARGIN OF SAID HIGHWAY DISTANT 23.40 FEET,MORE OR LESS.WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SANIE IS PRODUCED WESTERLY: SITUATE IN THE CITY OF TUKWILA COUNTY OF KING.STATE OF WASHINGTON, 23 103 Exhibit A Legal Descriptions of the Property (continued) PARCEL B: THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,TOWNSHIP 23 NORTH,RANGE 4 EAST;W.M.,LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH); SITUATE IN THE CITY OF TUK)X ILA COUNTY OF KING. STATE OF WASHINGTON. PARCEL C: LOTS I THROUGH 6 INCLUSIVE.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS,PAGE 21.IN KING COUNTY.WASHLNGTON: PARCEL D:. THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 114 OF SECTION 15.TOWNSHIP 23 NORTH.RANGE 4 EAST W.M..LYING EASTERLY OF THE STATE HIGHWAY NO. 1: EXCEPT THE SOUTH 20 FEET THEREOF CONZEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645. AND EXCEPT THAT PORTION OF THE SOUTHEAST 1;4 OF THE SOUTHWEST 1l4 OF SECTION 15, TOWNSHIP 23 NORTH,RANGE 4 EAST W.M.,LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 1444TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH, CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO.7409040396: SITUATE IN THE CITY OF TUKVV LA,COUNTY OF KING, STATE OF WASHINGTON. PARCEL E: LOT A OF SHORT PLAT NO.90-9-SS.RECORDED UNDER RECORDING NO.9010240314,BEING A PORTION OF LOT T CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS,PAGE 21.IN KING COUNTY,WASHINGTON, PARCEL F: LOT B OF SHORT PLAT NO.90-9-SS,RECORDED UNDER RECORDING NO. 901.0240314.BEING A PORTION OF LOT 7,CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS,PAGE 21,IN KING COUNTY.WASHINGTON: 24 104 Exhibit A Legal Descriptions of the Property (continued) PARCEL G: THE NORTH 220 FEET OF LOT 7,CHERRY LANE_ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS.PAGE 21..IN KING COUNTY,WASHINGTON-, EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21.IN KING COUNTY,WA.SHLNGTON. EXCEPT THE NORTH 220 FEET THEREOF: AND EXCEPT THE SOUTH 84 FEET THEREOF: PARCEL 1: THE SOUTH 84 FEET OF LOT 7.CHERRY LANE,.ACCORDING TO THE PLAT THEREOF RECORDED Iii f VOLUME 48 OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON: PARCEL K: THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 3I. RECORDS OF KING COUNTY, EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY. STATE OF WASHINGTON.RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO 9603260430.RECORDS OF KING COUNTY. SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING. STATE OF WASHINGTON. PARCEL L: THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS,PAGE 31.RECORDS OF KING COUNTY. SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING, STATE OF WASHINGTON. 25 105 Exhibit A Legal Descriptions of the Property (continued) PARCEL M: THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS.AS PER PLAT RECORDED IN VOLUME I 1 OF PLATS,PAGE 31.DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14: THENCE WESTERLY 100 FEET. THENCE NORTHERLY 26 FEET: THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH: THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET: THENCE EASTERLY 109.85 FEET: THENCE NORTHERLY 22.20 FEET: THENCE EASTERLY 60 FEET: THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING: SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON. PARCEL N: THAT PORTION OF LOTS 12. 13 AND 14 IN BLOCK 2 OF ADAPTS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME I I OF PLATS PAGE 31.DESCRIBED AS FOLLOWS: BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14: THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH: THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET; THENCE EASTERLY 78.51 FEET: THENCE SOUTHERLY 26 FEET: THENCE EASTERLY 100 FEET: THENCE SOUTHERLY 34 FEET TO POINT OF BEGIN-IN NIG. SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON, PARCEL O: LOT 1.4 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED TN VOLUME 11 OF PLATS. PAGE 31,RECORDS OF KING COUN'T'Y: EXCEPT THE WEST 60 FEET THEREOF. SITUATE IN THE CITY OF TUKWILA.COUI,'TY OF KING, STATE OF WASHINGTON. 26 106 Exhibit A Legal Descriptions of the Property (continued) PARCEL P: THE VEST 28.6 FEET OF LOT 15 IN,BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 31.RECORDS OF KING COUNTY: SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING, STATE OF WASHINGTON. PARCEL Q: LOT 15,BLOCK 2,ADAMS HOME TRACTS,ACCORDING TO THE PLAT THEREOF.RECORDED Ili VOLUME I i OF PLATS.PAGE 31.IN KING COUNTY, EXCEPT THE WEST 24.5 FEET THEREOF: AND EXCEPT THE SOUTH 11.5 FEET THEREOF. AND EXCEPT THE EAST 3A FEET THEREOF. I 2/ 107 Exhibit B Depiction of the Property The parcels A through I as indicated on the map below. Parcel J is not included. Assessor tax parcel numbers: 152304-9092-02, 152304-9096-08, 152304-9242-01, 155420-0005-09, 155420- 0010-02, 155420-0015-07, 155420-0020-00, 155420-,0030-08, 155420-0036-02, 155420-0025-00, 155420-0037-01, 155420-0033-05;;;;155420-0035-03, and 155420-0034-04. i Note: This is not a plat of survey. It is provided,as a conveh]-brice to identify and locate the land subject to this Agreement with references to streets and:other land. f � mod]&-4515 %n^n 7 8 +oxa t t 9242 { A t 7caTlsc I' { K i Normandy Court t4 (Car3d6J I ' nW f 9066 ot1Yb dsl.a• �` s czed> i ppp5 '.~'i Soil ) i �r 13 l}l07Y) 9025 ' �� •TG' tt�v { 4 �V 1J W.3) i Fi Los? �f J6fN3fia t6a JPla ? � DfYJS 34 !36 W% Yif b 20 108 Exhibit B Continued Depiction of the Property The parcels K through Q as indicated on the map below. Assessor tax parcel numbers: 004000-0145-08, 004000-0146-07, 004000-01801 04, 004000-0191-01, 004000- 0194-08, 004000-0196-06, 004000-0198-04 1 r , Note: This is not a plat of survey. It is provided:-as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. , ,1 1 29 O 295 3o F � m/ tiQ05 so s " 7789#a t 3U 49444s 'AA CITY L L+8 A'2 ?-3o UffJJll99 j 779.9 --- 132 .22 ----'----k'—# � 131.72 a 8657;9 ! 018o � � � N LO i i / M1146 Q'A ay 7�.wea �i popi� v° m N13 14 pue 15 f 1 e655 48 0145 0205 = 17 1 A S$E-59-00E exoro anS �Q Lot 2" !' 12 22963ia 21975;5 09 290idp V n ! ; ^ 36843: f 0175 0191 N 170274 021( 1 0197 Zia s " 131.72 .ua.eiin arm pJb.'IZ nap 29 109 EXHIBIT C (Form of Memorandum of Development Agreement) 30 110 1 • • 1 BA }r . � M . �rK ; MM ot 1 ,�.� �$'';l"' �o�:;r;?may, 'J'• � �, s�`�•.}.h�;.� • �s�d*:r }}.yyp���??'' '� c;...o::�lfY;Soli l,'<4�'.'1��ti,j�fgtilY�}'',�'. �`:y;` �,�r'#4 4'�k l�4tiiY.o•�.,.';`"7 ib• {1 �.�� ✓' -�� 'fin';�w*. �,,, �; .�' �'�'", ,,}���,�t%iF;^t%�•r�r,�•`.v fit` .y»� � �`�CE�!:r�3.,`'�:Co fyrYlu•+�}`3`ir•'i•' ;5•!^ �,.' :;y��. .�tyy•�',�f���,�,��f,,},^,t�y,f .`J r > ^-�... _ gyp. :r=�r�i,��,€•:"�r � � �.r �: -�,� ��:s;;: �$fit' rf"+"Yf•��a�y - i^.,��. ' ,"s y ` ra"lfgccJ r'.r Yle�ti: xe'xle�Yrfie`er 11 ■ �tled�ilp �1Y �•ln�f"•I +, S �'yr:,ypse ri�5r 112 COUNCIL AGENDA SYNOPSIS ----------------------------------Initialr--------------------------------- ITEMNO. Meeting Date Pre ared b,y M is review Council re .ew 11/26/12 PMC 12/03/12 PMC v• v ( 1 ) ITEM INFORMATION STAFF SPONSOR:PEGGY MCCARTHY ORIGINAL AGENDA DATE: 11/26/12 AGENDA ITEM TITLE An Ordinance amending the 2011-2012 biennial budget. CATEGORY ® Discussion ❑Motion ❑ Resolution ® Ordinance ❑Bid Award ® Public Hearing ❑ Other Mtg Date 11126112 Mtg Date Mtg Date Mtg Date 12/03/12 Mtg Date Mtg Date 11/26/12 Mtg Date SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ® .Finance ❑Fire ❑IT ❑P&R ❑Police ❑ PW SPONSOR'S The City Council is being asked to approve an ordinance amending the 2011-2012 biennial SUMMARY budget for unanticipated costs or projected departmental deficits for fiscal year 2012. This item is scheduled for Council consideration at the 11/26112 Committee of the Whole and 12/03/12 Regular Council meeting. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/06/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT J FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: MISCELLANEOUS FUNDING SOURCES,SEE DETAIL Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/26/12 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/26/12 Informational Memorandum dated 11/20/12 (modified after FS meeting) Draft Ordinance 2012 Year-End Budget Summary 2012 Year-End Budget Amendment Worksheet Please bring our preliminary budget/CIP) 12/03/12 Ordinance in final form 113 114 Cl*ty of Tu1CWi'61a Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2319, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2011-2012 BIENNIUM, TO ADOPT AN AMENDED BIENNIAL BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 6, 2010, the City Council of the City of Tukwila adopted Ordinance No. 2319, which adopted the 2011-2012 biennial budget of the City of Tukwila; and WHEREAS, on November 26, 2012, following required public notification, the City Council conducted a public hearing on the proposed 2012 year-end budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2319 is hereby amended with the City Council's adoption of the document entitled "City of Tukwila 2012 Year-End Budget Amendment," attached hereto and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.200. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND EXPENDITURES REVENUES 000 General Fund $115,698,514 $115,698,514 105 Contingency Fund $2,755,708 $2,755,708 212 Limited Tax G.O. Bonds, 2009A $213,550 $213,550 217 Limited Tax G.O. Refunding Bonds, 2011 $167,965 $167,965 Section 3. Copies on File. A complete copy of the final budget for 2011-2012, as adopted, together with a copy of * this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. W:Word Processing\Ordinances\Amend 2011-2012 Biennial Budget for COW 11-26-12 VC:ajs Page 1 of 2 115 Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: City of Tukwila 2012 Year-end Budget Amendment W:Word Processing\Ordinances\Amend 2011-2012 Biennial Budget for COW 11-26-12 116 vC:bjs Page 2 of 2 CITY OF TUKWILA 2012 YEAR-END BUDGET AMENDMENT SUMMARY 2011-2012 Adopted 2012 Year- Adjusted Budget as End 2011-2012 Modified Amendment Budget Fund 000 General $ 114,598,514 $ 1,100,000 115,698,514 101 Hotel/Motel Tax .3,796,633 3,796,633 103 City Street 1,755,171 1,755,171 104 Arterial Street 56,202,266 56,202,266 105 Contingency 5,755,708 (3,000,000) 2,755,708 107 Fire Equipment Cumulative Reserve 1,673,041 1,673,041 109 Drug Seizure Fund 614,000 614,000 209 Limited Tax G.O. Bonds, 2003 4,489,882 4,489,882 210 Limited Tax G.O. Refunding Bonds, 2003 1,002,825 1,002,825 211 Limited Tax G.O. Refunding Bonds, 2008 1,681,171 1,681,171 212 Limited Tax G.O. Bonds,2009A 60,350 153,200 213,550 213 Limited Tax G.O. Bonds,20098 509,043 509,043 214 Limited Tax G.O. Bonds,2010A 789,750 789,750 215 Limited Tax G.O. Bonds,2010B 386,900 386,900 216 Limited Tax G.O. Refunding Bonds Valley Corn 403,900 403,900 217 Limited Tax G.O. Refunding Bonds,2011 167,965 167,965 301 Land Acquisition, Recreation&Park Development 9,792,015 9,792,015 302 Facility Replacement 3,891,877 3,891,877 303 General Government Improvements 3,658,109 3,658,109 304 Fire Improvements 430,300 430,300 401 Water 17,413,433 17,413,433 402 Sewer 15,802,626 15,802,626 405 Bond Reserve 822,000 822,000 411 Foster Golf Course 4,855,278 4,855,278 412 Surface Water 9,867,549 9,867,549 501 Equipment Rental 11,418,895 11,418,895 502 Insurance Fund 17,563,949 17,563,949 503 Insurance-LEOFF 1 Fund 3,754,886 3,754,886 611 Firemen's Pension 2,995,616 2,995,616 Total $295,985,687 $ (1,578,835) $ 294,406,852 117 CITY OF TUKWILA 2012 YEAR-END BUDGET AMENDMENT WORKSHEET WORKSHEET Increase Budget Increase(Decrease) 221111 Expenditure Revenues Revenues Expenditures — ------------------------------------------------- — - Council Decisions/Approvals Mayor's Department Strategic Plan Professional Services 000.03.513.100.41.02 $ 130,000 2 Fire Department Firefighter signing bonus and Salaries 000,11.522200.11.00 $ 195,235 training budget resulting from Salaries 000.11.522.300.11.00 11,954 new labor agreement. Salaries 000.11.522.400.11.00 7,949 Salaries 000.11.522,600;11,00 4,629 FICA 000.11.522.200.21.00 2,666 FICA 000.11.522.300.21.00 163 FICA 000.11.522.400721.00 109 FICA 000.11.522,600.21.00 63 222,768 Training budget 000.11.522,400.49.04 12,000 3 Parks Maintenance Department Reinstatement of 1,5 FTE in Salaries 000.15.576,800.1 1.00 91,613 2011 resulting from Teamsters FICA 000.15.576.800.21.00 6,909 reduction in force agreement PERS 000.15.576.80023.00 6,706 Labors&Industries 000.15.576,800.24.00 2,600 Med,Dent,Life,Opt 000.15.576.800.25.00 8,964 Self Ins Med/Dent 000.15.576.800.25.97 828 117,620 Revenue Backed Expenditures 4 Municipal Court Additional.25 FTE for provision Salaries 000.09.523.300.11.00 20,000 of probation services to the City. Various Benefits 000.09.523.300,2x.xx of SeaTac 2,000 22,000 Other revenue 000.369.xxx.xx.xx 22,000 4a GO Bond for Pool Improvements General Obligation bond issued Transfers-out 000.20.597.638.00.00 1,100,000 for reconstruction of MPD Pool Other revenue 000.391.100.00.00 1,100,000 Other 5 City Attorney Actual in excess of budget- Special Matters 000.06.515.200.41.03 100,000 Tukwila Village and other matters 6 Police Department Actual in excess of budget Monitoring.of Prisoners 000.10.523100.41.00 24,000 Valley Corn Dispatch 000.10.528.600.51.00 53,000 77,000 7 Park Maintenance Public Utility Services 1 000.15.578.800.47.xx 20,000 Actual in excess of budget- SSWM charges water and surface water costs 8 Street Maintenance Actual in excess of budget Public.Utility Services/ 000.16,542.300.47.xx 80,000 SSWM charaes 9 Department 20 Reduce transfers to Transfers out 000.20.597.000.00.00 (3,000;000) Contingency fund Increase transfers to Debt Transfers out 000.20.597.000.00.00 167,965 Service Fun 217 10 Revenue Indirect cost allocation revenue Transfers-In 000397.190.00.00 605,618 derived from Public Works overhead charge 11 Reduction in overbudgeted Proceeds from the sale 000.395.100,00.00 (627,618) revenue account to offset of Capital assets revenue increases 11a Ending fund balance 000.291.840,00.00 2,050,647 TOTAL GENERAL FUND $ 1,100,000 $ 1,100,000 $ 1,100,000 $ 1,100,000 118 CITY OF TUKWILA 2012 YEAR-END BUDGET AMENDMENT WORKSHEET Biennial Budget WORKSHEET increase(Decrease) Defafl Expenditure Revenues Revenues Expenditures Other 12 Fire mitigation supplies funded Fire Mitigation Supplies 107.00.526.800.31 A2 10,000 through Sound Transit revenues received in prior Est Ending Unreserved 107.00.291.840.00.00 (10,000) years;no budget provided for Fund Balance 2012 TOTAL FIRE EQUIPMENT RESERVE $ - $ Other 12a Reduce transfer in to Transfers in 105.397.000.00.OD (3,000,000) Contingency fund (3,000,000) Est Ending Unreserved 105.00291:840.00.00 (3,000,000) Fund Balance (3,000,000) TOTAL CONTINGENCY FUND $ (3,000,000) $ (3,000 000) Council Decisions JApprovals 13 Neighborhood Resource Center Machinery&Equipment 109.00.594.215.64.00 53,000 tenant improvements Est Ending Unreserved 109.00.291.840.00.00 (53,000) Fund Balance TOTAL DRUG SEIZURE FUND $ $ Other-Accounting change; 14 Actual in excess of budget . Debt Registration Cost 210.00.592730.85.00 1,000 Ending fund balance 210.00.291.840.00.00 (1,000) 15 Actual in excess of budget Debt Registration Cost 211.00.592190:85.00 1,000 Ending fund balance 211.00.291.840.00.00 (1,000) 16 Accounting change to reflect Principal Payment 212.00.591.950.71.00 153,200 153,200 principal payment by SCORE Capital Contribution 212.37t9.xxx.xx.xx 153,200 153,200 on behalf of City as capital contribution Council Decisions/Approvals 17 2011 bond refunding;budget Debt Principal 217.00.591,950.71.00 25,000 was not added at time of Debt Interest 217.00.591.950.83.00 141,965 Council approval Debt Registration Cost 217.00.592.950.85.00 1,000 167,965 167,965 Transfer In 217.397.197A0.00 167,965 167,965 TOTAL DEBT SERVICE FUNDS 3 321,165 $ 321,165 Other- 18 Temporary levee removal work Construction Projects 303,98:594.190.65:00 (700.000) extended to 2013,budget Ending fund balance 303.00.291.840.00.00 700,000 reduction/carryover TOTAL GENERAL GOVT IMPROVEMENTS $ - $ Other- 19 Additional indirect cost Mise General Govt 401.01.597.190.00.00 151,158 allocation charge for Public Works overhead Council Decisions/Approvals 20 Debt service budget added Interest 401.02.592.346.83.00 80,495 back for Revenue bond'95 Principal 401.02.582.*** 310,000 390,495 Ending working capital 401.02.293.800.00.00 (541,653) TOTAL WATER FUND $ $ 119 CITY OF TUKWILA 2012 YEAR-END BUDGET AMENDMENT WORKSHEET WORKSHEET Biennial Budget Increase(Decrease) Defait Expenditure Revenues Revenues Expenditures Other- 21 Additional indirect cost Misc General Govt 402.01.597.190.00.00 172,919 allocation charge for Public Ending working capital 402.02.293.800.00.00 Works overhead (172,919) TOTAL SEWER FUND $ $ - Other- 22 Additional indirect cost Misc General Govt 412.01.597.190.00.00 187,122 allocation charge for Public Ending working capital 412.02.293.800,00.00 (187,122) Works overhead TOTAL SURFACE WATER FUND $ $ a ! - ` @ 0 Other 23 Additional indirect cost Misc General Govt 601:01.597.190.00.00 94,419 allocation charge for Public Works overhead Ending working capital 501.002.293.800.00.00 (94,419) TOTAL EQUIPMENT RENTAL 8 REPLACEMENT FUND $ $ Other 24 Actual in excess of budget due SELF-INSURED 502.00.517,370.25.00 300,000 to higher claims and IBNR MEDICAL CLAIMS Estimated ending 502,00.293.800.00.00 (300,000) working capital TOTAL HEALTH INSURANCE FUND $ $ INCREASE IN BIENNIAL BUDGET $ (1,578,835) $ (1,578,835) 120 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials--------------------------------- I2 EM NO. Meetin Date P ared b M or's re 'ezv Council iezv • 11/13/12 PMC 6.B. (2) & • 11/26/12 PMC Oft 12/03/12 PMC 6. B. (3) ITEM INFORMATION STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 11/13/12 AGENDA ITEM TITLE An Ordinance adopting the 2013-2014 biennial budget, and a resolution adopting the 2013-2018 Capital Improvement Plan. CATEGORY ® Discussion ❑Motion ® Resolution ® Ordinance ❑Bid Award ® Public Hearing ❑ Other Mtg Date 11/13/12 Mtg Date Mtg Date 1213112 Mtg Date 1213112 Mfg Date Mtg Date 11126112 Mtg Date SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ® Finance ❑ Fire ❑ IT ❑P&R ❑Police ®PW SPONSOR'S City Council is being asked to approve an ordinance adopting the 2013-2014 biennial SUMMARY budget, and a resolution adopting the 2013-2018 Capital Improvement Plan. These items are scheduled for Council consideration at the 11/26/12 Committee of the Whole and 12/03/12 Regular Council meeting. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/06/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Finance/Public Works COMMITTEE For Information Only; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $281,857,011 $ $281,857,011 Fund Source: MISCELLANEOUS FINDING SOURCES,SEE DETAIL. Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/12 11/26/12 MTG. DATE ATTACHMENTS 11/13/12 Informational Memorandum dated 11/07/12 Draft Ordinance and Draft Resolution Reconciliation of the 2013-2014 Budget Summary to Ordinance <Please bring your copy of the preliminary budget/CIP> 11/26/12 Informational Memorandum dated 11/20/12, with attachments based on 11/13 C.O.W. <P/ease bring your copy of the preliminary budget/CIP> 12/3/12 Ordinance and Resolution in final form 121 122 e• Tukvyvila IT V ulty of Washington Ordinance Noe AN ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2013- 2014 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the preliminary budget of the City of Tukwila for the 2013-2014 biennium was submitted to the City Council in a timely manner for their review; and WHEREAS, a Public Hearing on the proposed budget was advertised and held on November 26, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2013-2014 Budget," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.120. Section 2. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals areas follows: Total Total Fund Expenditures Revenues 000 General $119,730,819 $119,730,819 101 Hotel/Motel 3,712,082 3,712,082 103 City Street 2,300,000 2,300,000 104 Arterial Street 48,887,820 48,887,820 105 Contingency 5,203,632 5,203,632 107 Fire Equipment Cumulative Reserve 1,030,000 1,030,000 109 Drug Seizure Fund 472,000 472,000 209 Limited Tax G.O. Bonds 2003 3,379,788 3,379,788 210 Limited Tax G.O. Refunding Bonds,2003 979,750 979,750 211 Limited Tax G.O. Refunding Bonds, 2008 1,550,000 1,550,000 212 Limited Tax G.O_ Bonds, 2009A 865,000 865,000 W:Word Processing\Ordinances\Adopt 2013-2014 Biennial Budget for COW 11-26-12. vC:bis Page 1 of 3 123 Total Total Fund Expenditures Revenues 214 Limited Tax G.O. Bonds, 2010A 1,172,114 1,172,114 216 Limited Tax G.O. Refunding Bonds, ValleyComm 472,000 472,000 217 2011 Refunding Bonds 717,000 717,000 233 2013 LID 1,707,400 1,707,400 301 Land Acquisition, Recreation& Park Devl. 4,577,000 4,577,000 302 Facility Replacement 6,366,204 6,366,204 303 General Government Improvements 2,173,684 2,173,684 304 Fire Improvements 400,200 400,200 401 Water 16,814,000 16,814,000 402 Sewer 14,401,000 14,401,000 411 Foster Golf Course 4,033,594 . 4,033,594 412 Surface Water 13,288,800 13,288,800 501 Equipment Rental 10,660,360 10,660,360 502 Insurance Fund 13,818,784 13,818,784 503 Insurance—LEOFF 1 Fund 1,606,680 1,606,680 611 Firemen's Pension 1,537,300 1,537,300 Total All Funds Combined $281,857,011 $281,857,011 Section 3. A complete copy of the final budget for 2013-2014, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W:Word Processing\Ordinances\Adopt 2013-2014 Biennial Budget for COW 11-26-12 124 VC:bjs Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2012. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: City of Tukwila 2013-2014 Budget W:Word Processing\Ordinances\Adopt 2013-2014 Biennial Budget for COW 11-26-12 VC:b)s Page 3 of 3 125 126 �x g t Ulty of Tukwila . Fes, ore Washington Resolution N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2013-2018 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. WHEREAS, when used in conjunction with the biennial City budget, the Capital Improvement Program (CIP) and the Financial Planning Model for the period 2013-2018 are resource documents to help plan directions the City will consider for the future; and WHEREAS, the Financial Planning Model and Capital Improvement Program are not permanent fixed plans, but are guidelines or tools to help reflect future goals and future resources at the time budgets are being planned; and WHEREAS, the commitment of funds and resources can only be made through the budget process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby adopts the 2013-2018 Financial Planning Model and accompanying Capital Improvement Program, incorporated by this reference as if fully set forth herein. Section 2. A copy of the 2013-2018 Financial Planning Model and accompanying Capital Improvement Program shall be kept on file in the City Clerk's Office. Section 3. The assumptions, revenues and expenditures will be reviewed and updated annually, or as necessary, by the City Council. Section 4. The detail of Capital Improvement Program projects will be reflected in the published Financial Planning Model and Capital Improvement Program 2013-2018. W:1Word Processing-City\Resolutions\Financial Planning Model&CIP 10-m-12 VC-bjs Page 1 of 2 127 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachment: Financial Planning Model and Capital Improvement Program 2013-2018 W:\Word Processing-City\Resolutions\Financial Planning Model&CIP 10-26-12 128 VC:bjs Page 2 of 2 CO UNCIL AGENDA SYNOPSIS -----------------------------Initials--------------------------------- ITEM NO. Meefingo Date Prepared by Mayor's review Council review • ., 11/26/12 PMC • 12/03/12 PMC /� 6.C. ITEM INFORMATION STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 11/26/12 AGENDA ITEM TrTT E An Ordinance relating to contracting indebtedness to provide funds necessary to undertake certain improvements to the pool owned by the Tukwila Pool Metropolitan Park District. CATEGORY ® Discussion ❑Motion ❑ Resolution ® Ordinance ❑ BidAward ❑PublicHearin,g ❑ Other Mtg Date 11/26/12 Mtg Date Mtg Date Mtg Date 12103112 Mtg Date Mtg Date Mtg Date SPONSOR ❑ Council ❑Mayor ❑ HR ❑ DCD ® Finance ❑Fire ❑IT ❑P&R ❑Police ❑PW SPONSOR'S The City Council is being asked to approve an ordinance related to contracting SUMMARY indebtedness; providing for the issuance, sale and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Pool Metropolitan Park District. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/06/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONsoR/ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: MISCELLANEOUS FUNDING SOURCES,SEE DETAIL Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/26/12 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/26/12 Informational Memorandum dated 11/20/12 Draft Ordinance 12/03/12 Ordinance in final form 129 130 CI*ty of la Washington Ordinance loo. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED BY THE TUKWILA METROPOLITAN PARK DISTRICT, AND TO PAY THE COSTS OF ISSUANCE AND SALE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF - THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; AND PROVIDING FOR OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: A. "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity. B. "Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. C. "Bond Counsel" means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. D. "Bond Fund" means the Limited Tax General Obligation Bond Fund, 2012, created for the payment of the principal of and interest on the Bonds. W:Word ProcessinglOrdinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 1 of 13 131 E. "Bond Purchase Agreement" means an offer to purchase the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of the Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City if consistent with this ordinance. F. "Bond Register'means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. G. "Bond Registrar' means the Fiscal Agent, or any successor bond registrar selected by the City. H. "Bonds" means the bonds issued pursuant to and for the purposes provided in this ordinance. I. "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. J. "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. K. "Code"means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. L. "DTC" means The Depository Trust Company, New York, New York, or its nominee. M. "Designated Representative"means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2)_ N. "Final Terms" means the terms and conditions for the sale of a Series of Bonds including, but not limited to the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. O. "Finance Director" means the Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. P. "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. Q_ "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. R. "Issue Date" means, with respect to the Bonds, the date of initial issuance and delivery of the Bonds to the Underwriter in exchange for the purchase price of the Bonds. S_ "Letter of Representations" means the Blanket Issuer Letter of Representations dated October 18, 1999, between the City and the Securities W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 2 of 13 132 Depository, as it may be amended from time to time, or any successor or substitute letter relating to the operational procedures of the Securities Depository. T. "MSRB"means the Municipal Securities Rulemaking Board. U. "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. V. "Project" or "Pool Improvement Project" means certain improvements, repairs and upgrades to the pool and related facilities owned by the Tukwila Metropolitan Park District, and other capital purposes as deemed necessary and advisable in accordance with an interlocal agreement between the City and the District. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, shall be included as costs of the Project. The term "Project" includes acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances. W. ,"Project Fund" means the Pool Improvement Fund, 2012, created for the purpose of carrying out the Project. X. "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. Y. "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. Z. "Registered Owner"means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book— entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. AA. "Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. BB. "SEC"means the United States Securities and Exchange Commission. CC. "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City, or the nominee of any of the foregoing. Any Securities Depository must be qualified under applicable laws and regulations to provide the services proposed to be provided by it. DD. "State"means the State of Washington. EE. "System of Registration" means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 1338 of the City. W:Word Processing\Ordinances%Bond issuance 2012 for MPD 11-26-12 vc:bis Page 3 of 13 133 FF. "Term Bonds" means those Bonds designated as Term Bonds and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Agreement. GG. "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 15 of this ordinance. HH. "Underwriter" means Seattle-Northwest Securities Corporation, Seattle, Washington. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: A. Authority and Description of Project. The City and the Tukwila Metropolitan Park District are in need of funds with which to undertake needed improvements, repairs and upgrades to the pool and related facilities owned and operated by the Tukwila Metropolitan Park District. RCW 35.61.290, 36.61.300 and 67.20.010 authorize the City to independently or jointly undertake such improvements to pools and other recreational facilities. The City Council therefore finds that it is in the best interests of the City to carry out the Project. B. Plan of Financing. Pursuant to applicable law, including without limitation chapters 35.37 RCW, 39.46 RCW and other applicable law, the City is authorized to issue general obligation bonds for the purpose of financing the Project. The total expected cost of the Project is approximately $1,666,666, which is expected to be made up of proceeds of the Bonds and other available money of the City or the Tukwila Metropolitan Park District. C. Debt Capacity. , The maximum amount of indebtedness authorized by this ordinance is $1,100,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote- 1. The assessed valuation of the taxable property within the City as ascertained by the last assessed valuation of the taxable property in the City is $4,660,649,637 for the collection year 2012. 2. As of November 1, 2012, the City has limited tax general obligation indebtedness, consisting of bonds and leases outstanding in the principal amount of $21,011,400, which is incurred within the limit of up to 1'/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote. 3. As of November 1, 2012, the City has no unlimited tax general obligation indebtedness for capital purposes only for general municipal purposes; for City-owned water, artificial light, and sewers; or for acquiring or developing open space, park facilities, and capital facilities associated with economic development. W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bis Page 4 of 13 134 D. The Bonds. For the purpose of providing the funds necessary to carry out the Project and pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Underwriter, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing indebtedness in the amount of not to exceed $1,100,000 to provide funds necessary to carry out the Project and to pay the costs of issuance and sale of the Bonds. The proceeds of the Bonds, after payment of costs of issuance, shall be deposited as set forth in Section 8 and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Director is appointed as the City's Designated Representative and is authorized and directed to conduct a negotiated sale of such Bonds to the Underwriter upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as he or she deems advisable, within the following parameters- A. Principal Amount. The Bonds shall not exceed the aggregate principal amount of$1,100,000. B. Date. The Bonds shall be dated as of their date of delivery to the Underwriter, which date may not be later than December 1, 2013. C. Denominations, Designation, etc. The Bonds must be issued in Authorized Denominations, shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative_ D. Interest Rate(s). The Bonds shall bear interest at fixed rates per annum (computed on the basis of a 360-day year of twelve 30-day months) from their date or from the most recent interest payment date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds, provided that no rate of interest for any Bond may exceed 6.00%, and the "all-in" true interest cost to the City for the Bonds may not exceed 4.00%. E. Payment Dates. Interest must be payable at fixed rates semi-annually on each June 1 and December 1, commencing on the next such semi-annual date occurring at least 45 days after the Issue Date. Principal payments shall commence on December 1, 2013 and must be payable at maturity or in mandatory redemption installments on such dates as are acceptable to the Designated Representative. F. Final Maturity. The Bonds shall mature no later than December 1, 2027. W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 5 of 13 135 G. Redemption Rights. In his or her discretion, the Designated Representative may approve in the Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, as follows: 1. Optional Redemption. Any Bond may be designated as being (a) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Agreement; or (b) not subject to redemption prior to its maturity date. If a Bond is designated as subject to optional redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 10-1/2 years after the Issue Date. 2. Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Agreement. H. Price. The purchase price for the Bonds may not be less than 65% or more than 120% of the stated principal amount of the Bonds. I. Other Terms and Conditions. 1. The Bonds may not be issued if it would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. 2. The Bonds may be sold by negotiated sale to the Underwriter in accordance with Section 14 of this ordinance. 3. The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. 4. The Mayor is authorized to execute an interlocal agreement with the Tukwila Metropolitan Park District substantially in the form on file with the City Clerk, with such changes as he may deem necessary or convenient. Section 5. Bond Registrar; Registration and Transfer of Bonds. A_ Bond Registrar; Duties. The Fiscal Agent is appointed as Bond Registrar for the Bonds. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become an Owner of a Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners. W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 6 of 13 136 B. Bond Register; Transfer and Exchange. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. C. Securities Depository; Book-Entry Form. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC, acting as Securities Depository. Bonds so registered shall be held fully immobilized in book-entry form by DTC in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond (or portion of a Bond) held in book-entry form may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City or such substitute Securities Depository's successor; or (iii) to any person if the Bond is no longer held in book-entry form. Upon the resignation of the Securities Depository from its functions as depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. if (i) a Securities Depository resigns from its functions as depository, and no substitute Securities Depository can be obtained, or (ii) the City determines that a Bond is to be in certificated form, such Bond no longer shall be held in book-entry form and the ownership of such Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice which is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. A. Form of Bonds; Signatures and Seal. The Bonds shall be prepared in a form consistent with the provisions of this ordinance and State law. The Bonds shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 7 of 13 137 the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the_ Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. B. Authentication. Only Bonds bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is one of the fully registered City of Tukwila, Washington, Limited Tax General Obligation Bonds, 2012." The authorized signing of.a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For as long as a Bond is registered in the name of the Securities Depository, payment of principal of and interest on that Bond shall be made in the manner set forth in the Letter of Representations. If a Bond ceases to be in book-entry form, interest on that Bond shall be paid by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register as of the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least 10 days before an interest payment date and at the sole expense of the requesting Registered Owner. Principal of a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar_ The Bonds are not subject to acceleration under any circumstances. .Section 8. Funds and Accounts; Deposit of Proceeds. A. Bond Debt Service Fund. The Bond Fund is created as a special fund for the sole purpose of paying principal of and interest on the Bonds. Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of issuance, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Fund, and until needed for this purpose, the City may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and be used for the purposes of that fund. B. Project Fund. The Project Fund is created for the purpose of paying the costs of the Project. Proceeds received from the sale and delivery of the Bonds shall be deposited into the Project Fund and used to pay the costs of the Project and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Fund and be used for the purposes of that fund, except that W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 8 of 13 138 earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Fund and used for those tax or rebate purposes. Section 9. Redemption Provisions and Open Market Purchase of Bonds. A. Optional Redemption. The Bonds shall not be subject to optional redemption prior to maturity. B. Mandatory Redemption. Bonds designated as Term Bonds by the Designated Representative, within the parameters set forth in Section 4, if not purchased and surrendered for cancellation under the provisions set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the redemption dates and in the redemption amounts as set forth in the Bond Purchase Agreement. If Term. Bonds are purchased by the City and cancelled, or defeased, the principal amount of the Term Bonds so purchased or defeased (irrespective of their actual purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. C. Partial Redemptions. Portions of the principal amount of any Bond, in any Authorized Denomination, may be redeemed. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. While a Bond is held in book-entry form by the Securities Depository or its nominee, selection of the principal portion of any Bond to be partially redeemed shall be done in accordance with the Letter of Representations. If a Bond ceases to be held in book-entry form by the Securities Depository or its nominee, the portion to be partially redeemed shall be selected randomly in such manner as the Bond Registrar shall determine. D. Notice of Redemption. While a Bond is registered in the name of the Securities Depository, notice of redemption shall be given as required in accordance with the Letter of Representations_ If a Bond ceases to be held in book-entry form by the Securities Depository or its nominee, unless waived by the Registered Owner of the Bond to be redeemed, the City shall cause notice of an intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner of each Bond to be redeemed at the address appearing on the Bond Register on the Record Date_ The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner of any Bond. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 9 of 13 139 the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of a Bond. E. Effect of Redemption. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption. F. Open Market Purchase. The City reserves the right to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If any Bond is not redeemed when properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity date or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for repaying the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same becomes due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds. Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax-Exempt Obligations." A. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. B. Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this Section 12 and the applicable requirements of the Code that must be satisfied after the issue date to maintain the tax treatment of the Bonds and the receipt of interest thereon. C. Designation of Bonds as "Qualified Tax-Exempt Obligations." The Bonds shall be designated as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met- W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 10 of 13 140 1. the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; 2. the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000, and 3. the amount of tax-exempt obligations, including the Bonds, designated by the City as qualified tax-exempt obligations for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on the Bonds (the defeased Bonds"); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. While a Bond is registered in the name of the Securities Depository, notice of any defeasance shall be given in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. If a Bond ceases to be held in book-entry form, then unless specified by the City in a refunding or defeasance plan, selection of Bonds to be defeased, notice of defeasance and replacement of Bond certificates shall be done in accordance with the provisions of this ordinance for the redemption of Bonds prior to their maturity. Section 14. Delivery of Bonds. The Designated Representative is authorized to sell the Bonds to the Underwriter by negotiated sale. In determining the Final Terms of the Bonds, the Designated Representative shall take into account those factors that, in his or her judgment, may be expected to result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current interest rates for obligations comparable to the Bonds. The Bond Purchase Agreement shall set forth the Final Terms ,of the Bonds. The Designated Representative is authorized to execute the Bond W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vCbjs Page 11 of 13 141 Purchase Agreement on behalf of the City, so long as the terms provided therein are. consistent with the terms of this ordinance. The Bonds will be prepared at City expense and will be delivered to the Underwriter in accordance with the Bond Purchase Agreement, with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. A. Preliminary Official Statement. The Designated Representative shall review the form of the preliminary official statement prepared in connection with the sale of the Bonds to the public For the sole purpose of the Underwriter's compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to "deem final" that preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential bond purchasers of a preliminary official statement that has been "deemed final" in accordance with this paragraph. B. Approval of Final Official Statement. The City approves the preparation of a final official statement for the Bonds to be sold to the public, in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Underwriter. The City authorizes and approves the distribution by the Underwriter of that final official statement to purchasers and potential purchasers of the Bonds. C. Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in substantially the form attached as Exhibit A. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without requiring the consent of any Owners of the Bonds- 1. To add covenants and agreements that do not adversely affect the interests of the Beneficial Owners of the Bonds, or to surrender any right or power reserved to or conferred upon the City. 2. To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. General Authorization and Ratification. The Designated Representative, and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the.transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Underwriter and for the proper application, use and investment of the bond proceeds. All actions taken prior to the effective date of this ordinance in furtherance of W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 12 of 13 142 the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 19. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law_ PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ) 2012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council- Published- Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Exhibit A — Form of Undertaking to Provide Continuing Disclosure W:Word Processing\Ordinances\Bond issuance 2012 for MPD 11-26-12 vc:bjs Page 13 of 13 143 144 EXHIBIT A Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Tukwila, Washington Limited Tax General Obligation Bonds, 2012 To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the above-referenced Bonds (the "Bonds"), the City makes the following written Undertaking for the benefit of holders of the Bonds: A. Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: 1. Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection B of this section ("annual financial information"); 2. Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; A-1 145 (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material_ 3. Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection B of this section. B. Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection A of this section: 1. Shall consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to State local governmental units such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are otherwise prepared and available they will be provided; (2) principal amount of general obligation bonds outstanding at the end of the fiscal year described in the filed financial statements; (3) assessed valuation for that fiscal year; (4) regular property tax levy amount and rate for that fiscal year; and (5) a statement of revenues for that fiscal year from other revenue sources pledged to the Bonds (if any); 2_ Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2012; and 3. May be provided in . a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. C. Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. A-2 146 The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of.that change on the type of information to be provided. D. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and the Beneficial Owner of a Bond, and shall not inure to the benefit of or create any rights in any other person. E. Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations, under this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. F. Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of a Beneficial Owner of a Bond shall be to take action to compel the City or other obligated person.to comply with the Undertaking, including seeking an order of specific performance from an appropriate court. G. Designation of Official Responsible to Administer Undertaking. The Finance Director or his or her designee is authorized to take such -further actions as may be necessary, appropriate or convenient to carry out this Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (1) Preparing and filing the annual financial information undertaken to be provided; (2) Determining whether any event specified in subsection A has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence (3) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2-12; (4) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (5) Effecting any necessary amendment of the Undertaking. A-3 147 148 Co uNcm AGENDA SYNOPSIS ' ----------------------------------Initials--------------------------------- ITEMNO. Meeting Date Prepared by M or's review Council review 11/26/12 CT • 12/03/12 CT 6. D. ITEM INFORMATION STAFF SPONSOR:DAVID CLINE ORIGINAL AGENDA DATE: 11/26/12 AGENDA ITEM TITLE Agreement with Kenyon Disend PLLC for Legal Services CATEGORY ® Discussion ®Motion ❑Resolution ❑ Ordinance ❑$idAward ❑PublzcHearzng ❑ Other. Mtg Date 11126112 Mtg Date 12 103112 Mig Date Mig Date Aft Date Mtg Date Mig Date SPONSOR ❑ Council N Mayor ❑ HR ❑ DCD ❑Finance ❑Fire ❑ rT ❑P&R ❑ Police ❑P11W SPONSOR'S This current contract for legal services expires December 31, 2012. The proposed 2013- SUMMARY 2014 contract for general city attorney, prosecutor and paralegal services is $37,105 a month plus expenses. This reflects a 4.6% increase of the monthly rate. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $37,105/month + expenses $ $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/26/12 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/26/12 Informational Memorandum dated 11/9/12 Contract for Services Minutes from the Finance and Safety Committee meeting of 11/20/12 12/03/12 No attachments 149 150 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials-------------------------------- ITEM NO. Meetin Date Pr aced M is review Council —w 11/26/12 CT • 12/03/12 CT 6. E. ITEM INFORMATION STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 11/26112 AGENDA I,rEM TITLE Agreement with Kirshenbaum &Goss, Inc. PS for Public Defense Services CATEGORY ® Discussion ®Motion ❑ Resolution ❑ Ordinance ❑ Bid Award ❑Public Hearin ❑ Other Mtg Date 11/26/12 Mtg Date 12/03/12 Mig Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑P&R ❑ Police ❑PWI SPONSOR'S This agreement covers public defender services for indigent criminal defendants who SUMMARY qualify for appointment counsel. The existing agreement expires December 31, 2012. The new agreement is effective January 1, 2013 through December 31, 2014. The costs have increased approximately 16%. This agreement requires Council approval prior to the Mayor's signature. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑Transportation Cmte ❑ Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDPruRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $288,000.00 2 yr term $312,000.00 2 yr term $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/26/12 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/26/12 Informational Memorandum dated 11/9/12 (Amended after FS meeting) Contract for Services Minutes from the Finance and Safety Committee meeting of 11/20/12 12/03/12 No attachments 151 152 COUNCIL AGENDA SYNOPSIS --------------------------------Initials------------------------------- ITEM NO. Meeting Date Prepared _ Mayor' review Council nv ew BG 12/03/12 C N 6. F. ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 12/03/12 AGENDA ITEM TITLE A resolution setting a public hearing date for the South 178th street vacation for 3anuary 7, 2013. CATEGORY ® Discussion ❑Motion ® Resolution ❑ Ordinance ❑Bid Award ❑Public Hearing ❑ Other Mtg Date 12103112 Mtg Date Mtg Date 12103112 Mtg Date Mtg Date Mtg Date Mtg Dote SPONSOR ❑ Council ❑Mayor ❑HR ❑ DCD ❑Finance ❑Fire ❑IT ❑P&R ❑ Police ®PW SPONSOR'S The Council is being asked to consider a Resolution setting a public hearing date on SUMMARY January 7, 2013 for the proposed South 178th St street vacation. REVIEWED BY ❑COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte ❑Utilities Cmte ❑Arts Comm. ❑Parks Comm. ❑Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITITE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments_ MTG. DATE RECORD OF COUNCIL ACTION 12/03/12 MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated November 30, 2012 Vicinity Map Draft Resolution with legal description 153 154 City of Tukwila Jim Haggerton, Mayor •.= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Bob Giberson, Public Works Director DATE: November 30, 2012 SUBJECT: Tukwila South Development Street Vacation —South 178th Street Resolution Setting a Public Hearing Date ISSUE Approve a Resolution setting a public hearing of January 7, 2013 to consider the vacation of the South 178h Street right-of-way. BACKGROUND Council approved a motion at the November 19, 2012 Regular meeting authorizing staff to bring back a resolution setting a public hearing date for a street vacation of South 178th Street. RECOMMENDATION Council is being asked to approve the Resolution that will set a Public Hearing date for the street vacation of South 178th St on January 7, 2013. Attachments: Vicinity Map Draft Resolution with legal description WAPW EngTevelopmenffukwila South\S 178th Street VacafiontlNFO MEMO-S 178th Street Vacation-Resolution.doa 155 156 Southcenter Parkw a y Southcenter Park w a y S 1 7 8 t h S t S 1 7 8 t h S t Area to be Vacated µ Not to Scale Vicinity Map Street Vacation Photo taken: Spring 2012 Area to be Vacated City Limits Disclaimer: The location of features andboundaries are approximate andare intended for reference only. 157 158 • o: * 1a 1 Cety of u i Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT-OF-WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF SOUTH 178TH STREET. WHEREAS, the City desires to construct a fire station at the intersection of Southcenter Parkway and South 180th Street; and WHEREAS, this portion of South 178th Street is steeply graded and in a deficient condition and the City desires for it to be realigned, and WHEREAS, the realignment of South 178th Street is a project included in the City's 2012 Capital Improvement Program; and WHEREAS, Segale Properties, LLC is the property owner abutting the South 178th Street right-of-way; and WHEREAS, Segale Properties has agreed that if South 178th Street is vacated, Segale Properties will dedicate land, including a portion of the vacated right-of-way, to be used as a fire station and construct a realigned South 178th Street and dedicate it to the City; and WHEREAS, pursuant to RCW 35.79.010, a public hearing on the street vacation must be set by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing regarding the vacation of a portion of the right-of-way abutting South 178th Street, more particularly described on the attached map and legal description, shall be held before the Tukwila City Council in the City Council Chambers W:\Word Processing\Resolutions\Public hearing for vacation of ROW at S 178th 11-28-12 RT:bjs Page 1 of 2 159 at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on January 7, 2013, which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right-of-way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right-of-way sought to be vacated at least 20 days prior to the date set for the public hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY-. Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney Attachments: Map and Legal Description W:\Word Processing\Resolutions\Public hearing for vacation of ROW at S 178th 11-28-12 RT:bjs Page 2 of 2 160 SCALE 1"=200' STA11+79.27 SO.178thST. STA a 1+56.72' SO.178thST. 161 162 November 27, 2012 LEGAL DESCRIPTION - VACATED PORTION OF SOUTH 178t" ST. THAT PORTION OF SOUTH 178TH STREET, LYING IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS SHOWN ON SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 20121130900001 SAID WESTERLY RIGHTS OF WAY ARE EXTENDED NORTHERLY AND SOUTHERLY TO THEIR INTERSECTION, AND LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A MONUMENT IN CASE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 180TH STREET AS SHOWN ON STREET PLAN AND PROFILE, L.I.D. NO. 13 ON FILE WITH THE CITY OF TUKWILA, DATED 06/11/68; THENCE NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 1325.13 FEET TO A MONUMENT IN CASE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING STATION 0 +00 FOR THE BEGINNING OF SOUTH 178TH STREET; THENCE CONTINUING NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 156.72 FEET TO THE AFOREMENTIONED WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION, ALSO BEING STATION 1 +56.72 ON THE CENTERLINE OF SAID SOUTH 178TH STREET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 87° 50'41 "WEST 417.36 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 143.24 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 35'34 ", AN ARC LENGTH OF 213.98 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 238.74 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 22'47 ", AN ARC LENGTH OF 243.26 FEET TO A POINT OF TANGENCY; THENCE NORTH 60° 37'54 "WEST 147.95 FEET TO STATION 11 +79.27; THENCE LEAVING SAID CENTERLINE SOUTH 29° 22'06 "WEST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH STREET, ALSO BEING THE POINT OF BEGINNING FOR THIS LINE, ALSO BEING A POINT ON A NON - TANGENT CURVE TO THE LEFT, THE RADIAL CENTER OF WHICH BEARS SOUTH 54° 32'34 "WEST 540.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28° 02'58 ", AN ARC LENGTH OF 264.36 FEET TO THE NORTHERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH STREET AND THE TERMINUS OF THIS LINE. 164 Co uNuL AGENDA SYNOPSIS ------------------------------Initials----------------------------- IT.EMNO. Meetin Date P aced M ors"view Council review 0 12/03/12 BG ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON ORIGINALAGENDA DATE: 12/03/12 AGENDA ITEM TITLE East Marginal Way S Emergency Storm Pipe Repair 11-19-12 Resolution declaring an Emergency CATEGORY ® Discussion ❑Motion ®Resolution ❑ Ordinance ❑BidAward [—]Public Hearing ❑ Other Mtg Date 12103112 Mtg Date Mtg Date 12103/12 Mtg Date Mtg Date Mtg Date Mt Date SPONSOR ❑ Council ❑Mayor ❑HR ❑ DCD ❑Finance ❑Fire ❑IT ❑PdsR ❑Police ®Plt% SPONSOR'S This resolution will declare an emergency that authorizes City staff to expedite repair of SUMMARY the East Marginal Way South Emergency Storm Pipe Repair 11-19-12 Project. On November 19, 2012, a large sinkhole was created after there was a break in a 30-inch storm water line on E Marginal Way S,just south of S 124th St. The site is being stabilized until a permanent repair project can be designed and constructed. Council is being asked to approve the resolution declaring an emergency. Final costs will be reported at a later date. REVIEWED BY ❑ COW Mtg. ❑CA&P Cmte ❑ F&S Cmte ❑Transportation Cmte ❑Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 412 SURFACE WATER Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/03/12 MTG. DATE ATTACHMENTS 12/03/12 Informational Memorandum dated 11/30/12 Draft Resolution Photos of EMW sinkhole 165 166 City of Tukwila _ Jim Haggertort, Mayor -. INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: Bob Giberson, Public Works Director By: Ryan Larson, Senior Engineer DATE: November 30, 2012 SUBJECT: East Marginal Way (EMW) Emergency Storm Pipe Repair 11-19-12 Project No. 91241206 Resolution Declaring an Emergency ISSUE Approve Resolution declaring an emergency that authorizes City staff to expedite the repair of the EMW Emergency Storm Pipe Repair 11-19-12 Project. BACKGROUND On November 19, 2012, a large sinkhole was created after there was a break in a 30-inch storm water line on East Marginal Way South just south of S 124th St. The pipe conveys storm water flows from the east fork of Riverton Creek as well as local drainage in the area near Group Health and the Metro bus barn. The pipe is corrugated metal and is approximately 10' deep. A complete failure of the storm pipe or expansion of the sink hole could lead to localized flooding and/or damage to utilities and the roadway. ANALYSIS Per RCW 39.04.280, this resolution declares an emergency and authorizes Public Works to immediately construct repairs to the damaged storm water pipe by a construction contract exempt from competitive bidding. Staff will contract to stabilize the failing pipe until a permanent repair project can be designed and constructed. If possible, the permanent repair will be completed using the standard advertisement and bidding process. RECOMMENDATION The Council is being asked to approve the Resolution declaring an emergency for the East Marginal Way Emergency Storm Pipe Repair 11-19-12 Project at the December 3, 2012 Regular meeting. Attachment:Draft Resolution W:\2012 Info Memos-Councii\EmergencyResolutionEMW.doc 167 168 • City of u 1 Washington Resolution Igo. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING AN EMERGENCY . IN RESPONSE TO DAMAGES TO PUBLIC PROPERTY DUE TO A COLLAPSED STORMWATER PIPE. WHEREAS, it has been determined that a stormwater pipe has collapsed in the 12500 block of East Marginal Way South; and WHEREAS, the break has resulted in a large sinkhole and poses a significant risk to an existing water utility, and WHEREAS, the repairs to the stormwater pipe are required immediately; and WHEREAS, RCW 39.04.280 provides for emergency declarations and competitive bidding exemptions; and WHEREAS, the Mayor of Tukwila declared an emergency on November 19, 2012, in order to allow City forces to respond with appropriate resources to restore damages and prevent further impacts to public and private property; and WHEREAS, the City Council wishes to provide their support and endorsement of the Mayor in his action to declare an emergency and for the City's efforts to respond to the emergency; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council supports the Mayor in his declaration of emergency and finds that this situation constitutes an emergency as defined by RCW 39.04.280(3). The City Council hereby authorizes the execution of any contracts or agreements that are necessary due to damages and the need for protective actions brought about by a failed stormwater pipe, and hereby authorizes City forces to respond in the most effective and expedient manner, without regard for the procedures and formalities that would otherwise govern the assignment of duties, procurement of materials, and contracting of services. W:\Word Processing\Resolutions\Emergency-Stormwater Pipe on E Marg Way 11-26-12.doc RL:bjs Page 1 of 2 169 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2012. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W1Word Processing\Resolutionsl Emergency-Stormwater Pipe on E Marg Way 11-26-12.doc 170 RL.bjs Page 2 of 2 EastMarginalWaySEmergencyStormPipeRepair11-19-12 171 172 City of Tukwila Jim Haggerton, Mayor CITY ADMINISTRATOR REPORT TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: November 28, 2012 SUBJECT: Report for December 3, 2012 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. The report consists of information provided by the Executive Team, with editing and input by the City Administrator. Please let me know if you have any questions or need additional information about any of the following items, and please feel free to contact any of the department heads for additional information. I. Intergovernmental and Local Issues Update MEETINGS • Tukwila School District: City Administrator David Cline met with Dr. Mellody Matthes, Tukwila School District Interim Superintendent, to discuss issues in common between the City and the School on such topics as facilities, Tukwila Village, budgets, crime reduction initiatives and Strategic Planning. This will be an ongoing monthly meeting to improve communication and coordination. II. Department Updates MAYORS OFFICE • Tukwila Village Community Meeting: On November 28, residents were invited to share their ideas and input regarding the design of the outdoor plaza and community commons areas. Translators (Bhutanese, Somali, Spanish, Burmese/Nepali) were available to assist over 75 attendees who actively participated in the discussion. Their input will be important to the developer and the City as we begin to finalize the design of these areas. In addition, the developer presented staff with a $100,000 deposit for the land purchase. CITY CLERK'S OFFICE • Electronic Solutions: The City Clerk's Office has completed the process of investigation and demonstrations for an automated agenda creation and management solution. The new system will provide for paperless Council agenda packet creation and approvals through the use of a web browser. The selected product, NovusAgenda, will provide the best integration with our Digital Records Center powered by Laserfiche. This item has been budgeted, and implementation will occur in 2013. It will support the use of (pads by the Councilmembers and will work in conjunction with televised Council meetings. 173 City Administrator Report Page 2 HUMAN SERVICES • Early Childhood Services: Neighborhood House is now providing parent child home visiting services to 33 Tukwila families, with visits starting in late October. Currently they are serving 11 Somali families, 11 Burmese, and 11 Latino families. Human Services staff provided assistance with outreach and provider connections. • Community Education: Human Services staff provided a presentation to Southcenter Rotary on December 3, offering information about current demographics, initiatives, and trend information. • New Resources: Staff successfully competed to purchase Metro bus tickets at a deep discount. Fora 20% expenditure, we gained 80% worth of product to be used for low- income and homeless individuals. These resources will be shared with other departments as the need arises. • Coordination with King County Housing Repair: Human Services advocacy for updated policies, relating to current economics, resulted in revised policies that offer greater flexibility to our low to moderate income homeowners. The approving body, the Joint Recommendations Committee passed these recommendations on November 15. COMMUNITY DEVELOPMENT • Park and Ride Utilization Report: King County reports quarterly on utilization of publicly owned and leased park and ride lots. Within Tukwila, there are three permanent lots and two leased lots. All but one of the lots are at 85% utilization and above. The leased lot at the Church by the Side of the Road is at 25%. • Hope of the City Church Conditional Use Permit: The Hearing Examiner approved the Conditional Use Permit for the Hope of the City Church located in Southcenter Mall. A Conditional Use Permit is required for all religious institutions with an assembly area greater than 750 square feet. The church has been open at this location since this spring and has seen its congregation grow from 7 families to around 250 members. They do not anticipate being long-term tenants at their current location, and their Conditional Use Permit approval includes re-locating in any tenant space within the mall. • Planning Commissioner Resignation: David Shumate has resigned from the Planning Commission as of the December meeting. He will be moving out of state for a professional opportunity. Advertising is underway for a candidate to fill the remaining year of his term. PUBLIC WORKS • Southcenter Parkway Extension: The roadway was opened to traffic at 9:00 a.m. on Wednesday, November 21, just in time for holiday shopping. All aspects of the roadway appear to be functioning well. Engineering and maintenance staff will monitor traffic for any issues that may develop. A formal ribbon cutting will be held on Friday, December 14 at 10:00 a.m. More information is available on the City website. • East Marginal Way South Emergency Storm Pipe Repair: A 30-inch storm water pipe near Group Health failed and created an 8 foot sinkhole within the landscaped shoulder. The corrugated metal pipe is approximately 10 feet deep. Goodfellow Bros. performed emergency stabilization of the site on November 19. Corrosion of the metal pipe is the likely cause, and a permanent repair is being developed. • Boeing Access Road (BAR) Bridge Rehabilitation Grant Award: The City has been awarded a federal grant in the amount of$9,745,600 to design and construct the BAR Bridge Rehabilitation project. The required match of 20% ($2.5 Million) was anticipated by securing a Public Works Trust Fund Loan at a 1% interest rate (dependent on the 2013 State legislature). 174 City Administrator Report Page 3 • Interurban Avenue South Improvements (South 143rd to Fort Dent Way) Grant Award: The City has been awarded a state grant from the Transportation Improvement Board in the amount of$5,000,000 to construct the Interurban Avenue Improvements. The required match will be comprised of a pending $5,000,000 federal grant from PSRC and the pending $2,100,000 Public Works Trust Fund Loan. PARKS AND RECREATION • Senior Thanksgiving Dinner: The annual senior Thanksgiving Dinner was held on November 14, with over 150 seniors in attendance and close to 50 people volunteering. The dinner is sponsored by the Tukwila Rotary Club, and several Tukwila businesses participate by donating food, raffle items and manpower. The event serves Tukwila seniors, many of whom live alone and do not have Thanksgiving plans on Thanksgiving Day. The event is a wonderful gathering of friends, residents, businesses and Tukwila employees. • Calendar Girl: Ava (a canine) is highlighted on the cover for the Golf Course Superintendents Association of America's (GCSAA) 2013 calendar. Golf Superintendent Curt Chandler uses his canine assistant to encourage the geese to avoid using Foster Golf Links as a rest area throughout the year. Her good work has caught the attention of the Golf Superintendents Association who have recognized Ava on the cover of their calendar. • Duwamish Hill Preserve: King Conservation District (KCD) Board of Supervisors approved the change in scope for the $50,000 grant awarded last year. Originally, the grant request was to assist with the acquisition of the west parcel. There were delays in the funding such that it was not available for the acquisition. The grant has now been approved for restoration design and planning. • Commissions, Board and Committees: On December 19 at Billy Baroos from 5:30-6:30 pm, a no-host informal social gathering of the Parks Commission, Arts Commission, Tukwila Library Advisory Board, Sister Cities Committee and the Tukwila Pool Advisory Committee will gather with Parks and Recreation staff, the Mayor's Office and Council to celebrate the year's successes. • Parks and Open Space Plan Update: Staff will be distributing a Request for Proposals on November 30 to consultants on the MRSC roster to prepare a 6-year update to the Parks and Open Space Plan (PROS). The plan will include long-range planning and vision, goals and objectives, implementation strategies, capital improvements, and investment program for the City's open space program, including the 6-year Capital Improvement Program (CIP) and meeting GMA requirements. Public outreach and involvement are crucial to the outcome of the plan, and surveys and a needs assessment will be part of the process. A contract is anticipated to be awarded in January 2013. TUKWILA POOL—METROPOLITAN PARK DISTRICT (MPD) • Capital Improvement Project: The Pool Capital Improvement Project is moving forward. Project updates and photos are being posted regularly at Tukwilapool.org. The 2000 pound bulkhead was recently removed from the pool shell, which was a tremendous effort for workers at the pool. There is a monitoring system recording the entire effort of construction in the natatorium (the room the pool resides in). The recording will be transformed into a time lapse video at the end of the project. Members of the Tukwila Pool Advisory Committee, the Sustain the Tukwila Pool group, and community members have been generously volunteering time to paint the locker area. 175 City Administrator Report Page 4 POLICE • Community Police Team at Full Complement: Don Ames was selected as the fourth Community Police Team bike officer. He began with the team on November 16. The team is now at full complement and is actively implementing crime reduction strategies in the Central Business District and on Tukwila International Boulevard. • Community Engagement: On November 20 staff met with members of the Somali community. School Resource Officer Lisa Harrison, Community Police Team Officer Ceith Cullens, and Patrol Officer Kraig Boyd participated in the meeting. There was discussion regarding loitering and drinking in front of businesses and the City's trespass ordinance. Follow-up meetings will address domestic violence law, parental rights and responsibilities, pedestrian and traffic laws, and crime prevention. • Washington Association of Sheriffs and Police Chiefs Fall Conference: Chief Villa and City Administrator Cline attended the Washington Association of Sheriffs and Police Chiefs conference in Chelan_ They participated on a panel to discuss the top ten survival tips for police chiefs. Of particular value was the input provided by David Cline and Marie Mosley (Kennewick City Manager) on how chiefs can support and work as a team with city administrators, city managers, and elected officials. One person commented that he wished WASPC would have had such a panel discussion when he started in leadership in the 1990's. . • Food and Toy Drive: The Tukwila Police Department Food and Toy Drive on Saturday, November 17 in the north Westfield Southcenter parking lot was a success. Staff collected $2,185 in cash, to include donations of food and toys. The cash was split between the Tukwila Pantry and the City of Tukwila Holiday Giving Program. 176 Upcoming Meetings & Events December2012 3rd(Monday)4th (Tuesday)5th (Wednesday)6th (Thursday)7th (Friday)8th(Saturday) Council Coffee Chat Civil Service Chamber of Lodging Tax Equity & 10:00 AM to Commission,Commerce Advisory Diversity 12:00 N 5:00 Gov’t. & Committee Commission, PMOON (CR #3) Community meeting, 5:15 PM (Stanford’s Affairs Cmte, 12:00 N OON Courtyard Restaurant, 12:00 N( OON Transportation (Chamber Marriott,17380 Stop by and Cmte, informally talk with a Southcenter Office)400 Andover Park Tukwila City 5:15 West)Pkwy.) PM Councilmember about (CR #1) Finance & anything on your Safety Cmte, mind regarding 5:15 Community PM . Tukwila (CR #3) Meeting Foster Golf Links City Council 6:30 PM Clubhouse Regular Mtg., (Foster Library,4060 Arts (13500 Interurban Ave S) 7:00 PM th South 144Street) Commission, (Council The King County 5:30 PM Chambers) (Community Library System will have a community Center) meeting to discuss the design of the new library at Tukwila Village. 10th(Monday)11th (Tuesday)12th (Wednesday)13th (Thursday)14th (Friday)15th(Saturday) An evening with the Community Utilities Cmte, COPCAB,Planning Grinch! Affairs & Parks 5:00 6:30 Commission, PMPM (CR #1)(CR #5) Cmte, 6:30 PM Rescheduled from (Council 5:00 PM (CR #3)December 26.Chambers) Tukwila Tukwila City Council International Historical Committee of Boulevard Society, the Whole Mtg., Action Cmte, 7:00 6:30 PM PM 7:00 7:00 PM PM (The Nelsen (Tukwila Community (Council (Community House, 15643 Center) Chambers). Center) West Valley Enjoy a free indoor C.O.W. to be Hwy.) movie to get in the immediately holiday spirit! Doors followed by a open at 6:00 pm. . Special Meeting (Concessions will be available). Donations of canned food will be collected for the Tukwila Food Pantry. Arts Commission: Contact Stephanie Gardner at 206-767-2342. 1st Tues., 5:30 , Tukwila Community Center. PM City CouncilCommittee of Whole (C.O.W.)Meeting: 2nd & 4th Mon., 7:00 , Council Chambers at City Hall. PM City Council Regular Meeting: 1st & 3rd Mon., 7:00 , Council Chambers at City Hall. PM Civil Service Commission:Contact Kim Gilman at 206-431-2187. 1st Mon., 5:00 , Conf. Room #3. PM Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 3 , Conf. Room # PM COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 Phi Huynh (206-433-7175). , Conf. Rm #5. PM Equity & Diversity Commission: 1st Thurs., 5:15 Contact Joyce Trantina at 206-433-1850. , Conf. Room #3. PM Finance & Safety Committee: A) Agreement for City-wide telephone services. (B) 1st & 3rd Tues., 5:15 , Conf. Room #3( PM rd InterlocalAgreement with City of SeaTac for probation services. (C) Non-represented position review status. (D) 2012 3Quarter rd sales tax and miscellaneous revenue report. (E) 2012 3Quarter cash and investment report. (F) Council iPad policy. Library Advisory Board: Contact Stephanie Gardner at 206-767-2342. 3rd Wed., 7:00 ,Foster Library. PM Lodging Tax Advisory Committee: Contact Katherine Kertzman at 206-575- Every other month (or as scheduled), 12:00 N. OON 2489. Parks Commission: Contact Dave Johnson at 206-767-2308. 3rd Wed., 5:30 , Senior Game Room at Community Center. PM Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 , PM Contact Wynetta Bivensat206-431-3670. Council Chambers at City Hall. Transportation Committee: 1(A) Purchase of a Wide Format Plotter. (B) Purchase of a 1st & 3rd Mon., 5:00 , Conf. Room # PM Special Events/Volunteer Support Trailer. (C) Boeing Access Rd. over BNRR Bridge Rehabilitation Project –Grant Acceptance. Tukwila Int’l. Blvd. Action Cmte:Contact Chief Villa at 206-433-1815. 2nd Tues., 7:00 , Tukwila Community Center. PM Utilities Committee: 2nd & 4th Tues., 5:00 , Conf. Room #1 PM Tentative Agenda Schedule MONTH MEETING 1 Ï MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. 3 10 17 24 December See agenda packet Special Issues: cover sheet for this Resolution adopting weekÔs agenda the 2012 City of Tukwila Strategic Plan. (December 3, 2012 . Regular Meeting) An ordinance adopting a Development Agreement for Tukwila Village. Council IPad Policy. C OMMITTEE OF THE WM HOLE EETING TO BE FOLLOWED BY A SM PECIAL EETING Unfinished Business: Resolution adopting the 2012 City of Tukwila Strategic Plan. Ordinance adopting a development agreement for Tukwila Village. Authorize approval of the Council IPad Policy. 178