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Home My WebLink AboutCOW 2015-03-09 COMPLETE AGENDA PACKETTukwila City Counci/ Agenda �n °° ❖ COMMITTEE OF THE WHOLE ❖ Jim Haggerton, Mayor Counci /members: • :" Joe Duff ie • :" Dennis Robertson David Cline, City Administrator •:" Allan Ekberg • :" Verna Seal Kate Kruller, Council President •:" Kathy Hougardy • :" De'Sean Quinn Monday, March 9, 2015, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Bond issuance basics and considerations. Susan Musse /man and Duncan Brown, PRESENTATION Public Financial Management, Inc. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. An ordinance providing for the issuance of $6,250,000 Limited Tax Pg.i General Obligation (LTGO) Bonds for arterial streets. b. An ordinance amending Ordinance Nos. 2464 and 2465 to conform Pg.35 debt service payment dates. c. Authorization to spend lodging tax funds for street pole banners. Pg.49 d. An Interlocal Agreement extending animal control services. Pg.57 e. A consultant contract for the BNSF Intermodal Facility Access Project. Pg.67 f. An ordinance approving a Development Agreement with TSD, LLC for Pg.113 shared use of parking in the public right -of -way of Christensen Road. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. 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 -1800 or 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 /video 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: 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. 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 Meelin ,g Date Prepared �y Lai ors review Council review 03/09/15 PMC ❑ Resolution Ai g Date Z Ordinance Atg Dale 03116119 03/16/15 PMC F-1 Other Aft ,g Date SPONSOR ❑ Council ❑ Mayor E]I-IR ❑ DCD Z Finance [:]Fire ❑ IT E]P&R ❑ Police ❑ PIV SPONSOR'S The Council is being asked to approve an ordinance authorizing issuance of limited tax SUMMARY general obligation bonds not to exceed $6,250,000 REVIEWED .BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR/ADMIN. Finance Department COmm"I'T"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPUNDI'rulu," Rl,'QUIIU.D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/9/15 ITEM INFORMATION ITEM NO. 4.A. STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL, AGENDADATE: 3/9/15 A(,&'INDA ITEM 2015 LTGO Bond Issue C,\,n.GOlkY ❑ Discussion Mtg Dote 319115 ❑ motion All g Date ❑ Resolution Ai g Date Z Ordinance Atg Dale 03116119 ❑ Bid Award Mtg Date ❑ Public•Heating Mt g Dale F-1 Other Aft ,g Date SPONSOR ❑ Council ❑ Mayor E]I-IR ❑ DCD Z Finance [:]Fire ❑ IT E]P&R ❑ Police ❑ PIV SPONSOR'S The Council is being asked to approve an ordinance authorizing issuance of limited tax SUMMARY general obligation bonds not to exceed $6,250,000 REVIEWED .BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR/ADMIN. Finance Department COmm"I'T"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPUNDI'rulu," Rl,'QUIIU.D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/9/15 3/16/15 MTG. DATE ATTACHMENTS 3/9/15 Informational Memorandum dated 2/25/15 Ordinance in Draft Form, with attachments Minutes from the Finance and Safety committee meeting of 3/3/15 3/16/15 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director DATE: February 25, 2015 SUBJECT: Approve Ordinance for 2015 LTGO Bond Issue ISSUE Approve an ordinance authorizing the issuance of up to $6.25 million in limited tax general obligation bonds for the Boeing Access Road Bridge retrofit project and the Interurban Avenue Improvement project. BACKGROUND The 2015 -2020 CIP shows the City's share of project costs for these two projects as $2.5 million and $3.8 million and the anticipated bonding at $2.5 million and $3.1 million respectively (CIP pages 11 and 14) for a total budgeted cost of $6.3 million (the City's share) and total anticipated bonding of $5.6 million. Annual debt service for this bond issue has been budgeted at $448 thousand (CIP page XXVI). FINANCIAL IMPACT The bond issue is projected to yield $6 million in proceeds for project funding and cost reimbursement with the remaining $250,000 available to cover costs of issuance and any effects of a discount bid (if the lowest interest cost bid contains a discount bond structure). Annual debt service is currently estimated at $420 thousand which is less than the budgeted $448 thousand. DISCUSSION The bond issue is considered financially prudent as it will fund the majority of the City's share of the project costs and the annual debt service is currently expected to be less than the amount reflected in the 2015 -16 biennial budget and the 2015 -2020 Financial Planning Model. RECOMMENDATION Council is being asked to approve the ordinance authorizing issuance of up to $6.25 million in limited general obligation bonds and to consider this item at the March 9, 2015 Committee of the Whole Council Meeting and the March 16, 2015 Regular Council Meeting. ATTACHMENTS: Draft bond ordinance. CIP pages XXVI, 11 and 14. 3 0 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 $6,250,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE FUNDS TO PAY OR REIMBURSE THE CITY FOR THE COST OF ROAD CONSTRUCTION AND IMPROVEMENT PROJECTS 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 of a Series. (b) 'Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) "Bond" means each bond issued pursuant to and for the purposes provided in this ordinance. (d) "Bond Account" means the Limited Tax General Obligation Bond Account, 2015, of the City created for the payment of the principal of and interest on the Bonds. W: Word Processing \Ordinances\LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 1 of 14 5 (e) '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. (f) "Bond Purchase Agreement" means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. In the case of a competitive sale, the official notice of sale, the Purchaser's bid and the award by the City shall constitute the Bond Purchase Agreement for purposes of this ordinance. (g) "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (h) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City. (i) "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. 0) "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. (1) `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 the Bonds including 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. W: Word Processing \grdinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 2 of 14 0 (r) "Issue Date" means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (s) "Letter of Representations" means the Blanket Issuer Letter of Representations between the City and DTC, dated October 18, 1999, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (t) "MSRB" means the Municipal Securities Rulemaking Board. (u) "Official Statement" means an offering document, disclosure document, private placement memorandum or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series of the Bonds in conformance with Rule 15c2 -12 or other applicable regulations of the SEC. (v) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (w) "Project" means improvements to Interurban Avenue South, reconstruction or retrofit of the Boeing Access Road Bridge and other road construction and capital improvement projects of the City, as deemed necessary and advisable by the City Council. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, may be included as costs of the Project. The Project includes acquisition, construction and installation of all necessary equipment, apparatus, accessories, fixtures and appurtenances. The term "land" includes all real property and all appurtenant improvements, structures and interests therein. (x) "Project Fund" means the fund or account designated or created by the Finance Director for the purpose of carrying out the Project. (y) "Purchase" means the corporation, firm, association, partnership, trust, bank, financial institution or other legal entity or group of entities selected by the Designated Representative to serve as purchaser in a private placement, underwriter or placement agent in a negotiated sale or awarded as the successful bidder in a competitive sale of any Series of the Bonds. (z) "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (aa) "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. W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 3 of 14 11 (bb) "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 only system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (cc) "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (dd) "SEC" means the United States Securities and Exchange Commission. (ee) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (ff) "Series of the Bonds" or "Series" means a series of the Bonds issued pursuant to this ordinance. (gg) "State" means the State of Washington. (hh) "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. (ii) "Term Bond" means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Agreement. (jj) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 15 of this ordinance. 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 is in need of making improvements to Interurban Avenue South, reconstructing or retrofitting a bridge on the Boeing Access Road and carrying out other road construction and improvement projects. The City Council 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 limitations Chapters 35.37, 39.36 and 39.46 RCW, 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 $23,761,000, which is expected to be made up of proceeds of the Bonds, loans, grants, mitigation payments and other available money of the City. W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 4 of 14 i (c) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $6,250,000. 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 for regular levies within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2015 is $5,039,692,101. (2) As of February 12, 2015, the City has limited tax general obligation indebtedness, consisting of bonds, notes, leases and conditional sales contracts outstanding in the principal amount of $25,538,621, 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 February 12, 2015, the City has no unlimited tax general obligation indebtedness for general municipal purposes; for City -owned water, artificial light, and sewers; and for acquiring or developing open space, park facilities, and capital facilities associated with economic development. d. The Bonds. For the purpose of providing the funds necessary to carry out the Project and to 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 Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the City's Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing indebtedness in one or more Series in an aggregate principal amount not to exceed $6,250,000 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 allocated to paying the cost of the Project shall be deposited as set forth in Section 8 of this ordinance 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 Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of each Series of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A, which is attached to this ordinance and incorporated by this reference. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 5 of 14 rA (b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar. 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 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 Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner 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 Series, interest rate and maturity. A Bond 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. (d) Securities Depository; Book -Entry Only Form. If a Bond is to be issued in book -entry form, DTC shall be appointed as initial Securities Depository and each such Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book -entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book -entry only form. Upon the resignation of the Securities 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) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. W: Word Processing \Ordinances %LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 6 of 14 10 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 that 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. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond 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 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 a Bond 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, 2015, described in the Bond Ordinance." 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 each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable 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 on 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 on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is 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. W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 7 of 14 11 Section 8. Funds and Accounts; Deposit of Proceeds. (a) Bond Account. The 2015 Bond Account is created within the City's general obligation bond repayment 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 Account. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Account 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 Account. Until needed for that purpose, the City may invest money in the Bond Account temporarily in any legal investment, and the investment earnings shall be retained in the Bond Account and used for the purposes of that fund. (b) Project Fund. The Project Fund has been previously created as a fund of the City 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 used for the purposes of that fund, except that 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 Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Agreement, consistent with the parameters set forth in Exhibit A and except as 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 dates and in the amounts as set forth in the Bond Purchase Agreement. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. 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 Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 8 of 14 12 registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. 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 Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall 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 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. 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 the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of optional redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Account or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City 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 the principal of any Bond is not paid when the Bond is properly presented at its maturity 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 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 W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 9 of 14 13 Bond Account, or in a trust account established to refund or defease the Bond, 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 the payment of principal of and interest on 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 property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same become 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 and such pledge shall be enforceable in mandamus against the City. 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 that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (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 ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. (c) Designation of Bonds as "Qualified Tax - Exempt Obligations." A Series of the Bonds may be designated as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Series does not constitute "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) that 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 Series is issued will not exceed $10,000,000, and W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 10 of 14 14 (3) the amount of tax - exempt obligations, including the Series, 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 Series is 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 any or all of 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. Unless otherwise specified by the City i refunding or defeasance shall be given, a or defeasance shall be conducted in the redemption of Bonds. n a refunding or defeasance plan, notice of nd selection of Bonds for any partial refunding manner prescribed in this ordinance for the Section 14. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale or private placement or by competitive sale in accordance with a notice of sale consistent with this ordinance, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In determining the method of sale of a Series and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 11 of 14 15 (b) Procedure for Negotiated Sale or Private Placement. If the Designated Representative determines that a Series of the Bonds is to be sold by negotiated sale or private placement, the Designated Representative shall select one or more Purchasers with which to negotiate such sale. The Bond Purchase Agreement for each Series of the Bonds shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Agreement on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Procedure for Competitive Sale. If the Designated Representative determines that a Series of the Bonds is to be sold by competitive sale, the Designated Representative shall cause the preparation of an official notice of bond sale setting forth parameters for the Final Terms and any other bid parameters that the Designated Representative deems appropriate consistent with this ordinance. Bids for the purchase of each Series of the Bonds shall be received at such time or place and by such means as the Designated Representative directs. On the date and time established for the receipt of bids, the Designated Representative (or the designee of the Designated Representative) shall open bids and shall cause the bids to be mathematically verified. The Designated Representative is authorized to award, on behalf of the City, the winning bid and accept the winning bidder's offer to purchase that Series of the Bonds, with such adjustments to the aggregate principal amount and principal amount per maturity as the Designated Representative deems appropriate, consistent with the terms of this ordinance, and such award shall constitute the Bond Purchase Agreement. The Designated Representative may reject any or all bids submitted and may waive any formality or irregularity in any bid or in the bidding process if the Designated Representative deems it to be in the City's best interest to do so. If all bids are rejected, that Series of the Bonds may be sold pursuant to negotiated sale or in any manner provided by law as the Designated Representative determines is in the best interest of the City, within the parameters set forth in this ordinance. (d) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The .Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with each sale of a Series of the Bonds to the public or through a Purchaser as a placement agent. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2 -12, if applicable, the Designated Representative is authorized to deem that preliminary Official Statement final 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 purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and been deemed final, if applicable, in accordance with this subsection. W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 12 of 14 16 (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series of the Bonds to be sold to the public in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a), 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 Purchaser if required under Rule 15c2 -12. The City authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of a Series of the Bonds. (c) Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to the Purchaser acting as a participating underwriter for a Series of the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of a Series of the Bonds in substantially the form attached as Exhibit B. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) 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 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 Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. 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 \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 13 of 14 17 Section 19. 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 20. 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Bond Counsel Attachments: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Parameters for Final Terms (Description of the Bonds) Exhibit B — Form of Undertaking to Provide Continuing Disclosure W: Word Processing \Ordinances \LTGO Bonds -Road construction projects 2 -23 -15 PM:bjs Page 14 of 14 i Exhibit A FYWIRIT A DESCRIPTION OF THE BONDS (a) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed the aggregate principal amount of $6,250,000. (b) Date or Dates. Each Bond shall be dated its Issue Date, which date may not be later than December 31, 2015. (c) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations and 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). Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360 -day year of twelve 30 -day months) from the Issue Date or from the most recent 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. No rate of interest for any Bond may exceed 5.00 %, and the true interest cost to the City for each Series of the Bonds may not exceed 4.25 %. (e) Payment Dates. Interest shall be payable semiannually on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments annually thereafter, on dates acceptable to the Designated Representative. (f) Final Maturity. Each Series shall mature no later than the date that is twenty -one years after the Issue Date of that Series- A-1 19 (g) Redemption Rights. The Designated Representative may approve in the Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, subject to the following: (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 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'/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 each Series of the Bonds may not be less than 98% or more than 120% of the stated principal amount of that Series. (i) Other Terms and (1) A Series of the Bonds may not be issued if it Conditions. would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. (2) The Designated Representative may determine whether it is in the City's best interests 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. 20 A -2 Exhibit B EXHIBIT B FORM OF UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Tukwila, Washington Limited Tax General Obligation Bonds, 2015 The City of Tukwila, Washington (the "City "), makes the following written Undertaking for the benefit of holders of the above - referenced bonds (the "Bonds "), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. of the City (the "Bond Ordinance "). (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: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) ( "annual financial information "); (ii) 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, or other material events affecting the tax status of the Bonds, (7) modifications to rights of holders of the Bonds, if material; B -1 21 (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; (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. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (i) 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 local governmental units of the State 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 prepared and available they will be provided; (2) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (3) assessed valuation for that fiscal year; and (4) property tax levy amounts and rates for that fiscal year; (ii) 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, 2014; and 22 B -2 (iii) 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. This 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. 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. This Undertaking shall inure to the benefit of the City and the holder of each 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 the provisions of Rule 15c2 -12 that 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 this 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 this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this 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 the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2 -12, including, without limitation,-, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; B -3 23 (iii) 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 required under Rule 15c2 -12; (iv) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. 24 B -4 CERTIFICATION I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on March 16, 2015, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date is expected to be March 19, 2015. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: March 16, 2015. CITY OF TUKWILA, WASHINGTON Christy O'Flaherty, MMC, City Clerk 25 PROJECT TRANSFERS General Fund project transfers are made to support capital and governmental projects. The contribution required is based on the financial status of the project fund (such as the Arterial Street fund, the Land /Parks Acquisition fund, etc.), the amount of dedicated revenues received into the fund, the amount of specific funding sources such as grants and the amount of the existing fund balance. 2015- 2020 Financial Planning Model XXVI 26 BUDGET PROJECTIONS TOTAL DEBT SERVICE Use of Debt Proceeds 2013 2014 2015 2016 2017 2018 2019 2020 2015 -2020 EXISTING DEBT: LTGO 2003 Golf course clubhouse $ 715 $ - $ - $ - $ - $ - $ - $ - $ - Early payoff 2,665 LTGO 2003 Community center and Fire station 491 488 - - - - - Refunding #53 i`t: i 39;? 191 I it 51a 1c, n kS 9fi - - - - - - LTGO 2008 City Hall Annex, 6300 bldg, and 737 812 811 811 809 809 811 4,051 Refunding Urban revitalization -Tukwila Village C. t, 11,111 1n❑ ', ;(1C) b7i{<<� ._ i(t?i i6' i6? ab "J 1 id", l't ,, dl,1;x,, 103 .t }: 14' 14E, 14 115 1 - }n '228 SCORE 2009 South County Corretional Entity, 431 431 - 428 427 428 428 428 2,139 SCORE Jail facility [ 1n11ak,h c tiril uilutt l � wC 010 - - (00) LTGO 2010 Southcenter Parkway Extension, 518 521 524 524 519 513 505 496 3,080 emergency management F! 1" I'<tci ...,,. qzO Valley Com 2010 Valley Communications Center 241 229 229 - - - - - 229 Refunding operating facility LTGO 2011 Arterial street portion of 2003 bond - 168 548 546 549 552 549 549 545 3,290 Refunding South Park bridge transaction LTGO 2012 Tukwila Metropolitan Park District 113 113 113 113 113 113 113 113 679 Existing debt $ 6,079 $ 3,142 $ 2,223 $ 2,424 $ 2,420 $ 2,412 $ 2,406 $ 1,582 $13,468 PLANNED DEBT. LTGO 2014 TIB Redevelopment $ 3,850 313 313 287 287 287 287 1,774 2015 Credit line TIB Redevelopment 2,250 LTGO 2015 Interurban Ave South 3,100 124 248 248 248 248 248 1,364 Boeing Access Road bridge 2,500 100 200 200 200 200 200 1,100 Planned debt $11,700 $ - $ - $ 537 $ 761 $ 735 $ 735 $ 735 $ 735 $ 4,238 PROPOSED DEBT. LTGO 2016 42nd $ 4,400 117 352 352 352 352 1,525 53rd Proposed debt $ 4,400 $ - $ - $ - $ 117 $ 352 $ 352 $ 352 $ 352 $ 1,525 ITOTAL Estimate / Projections $ 6,079 $ 3,142 $ 2,760 $3,303 $ 3,507 $ 3,499 $ 3,493 $ 2,669 $19,231 PROJECT TRANSFERS General Fund project transfers are made to support capital and governmental projects. The contribution required is based on the financial status of the project fund (such as the Arterial Street fund, the Land /Parks Acquisition fund, etc.), the amount of dedicated revenues received into the fund, the amount of specific funding sources such as grants and the amount of the existing fund balance. 2015- 2020 Financial Planning Model XXVI 26 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project No. 99410408 Rehabilitate the existing bridge with a 340' long concrete or steel bridge structure. It will be 110' wide curb to DESCRIPTION: curb and have sidewalks on both sides. The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete JUSTIFICATION: spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet current bridge standards. 198 Type, size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant STATUS: applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in 2012 for federal bridge funds. A Public Works Trust Fund (PWTF) loan was rescinded in 2013. MAINT. IMPACT: Maintenance will be reduced. Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $9,745,600 COMMENT: requires a 20% local match. A bond issue will be used for the City match. FINANCIAL Through Estimated fin tnnms► 2n13 2n14 2n15 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 198 867 288 1,353 Land(R/W) 100 100 Const. Mgmt. 563 561 1,124 Construction 4,850 4,850 9,700 TOTAL EXPENSES 198 967 5,701 5,411 0 0 0 0 0 12,277 FUND SOURCES Awarded Grant 109 773 4,670 4,193 9,745 Proposed Grant 0 Bond 2,500 2,500 Mitigation 0 City Oper. Revenue 89 194 (1,469) 1,218 0 0 0 0 0 32 TOTAL SOURCES 198 967 1 5,701 1 5,411 1 01 01 01 01 01 12,277 2015 - 2020 Capital Improvement Program 11 27 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Interurban Ave S (S 143 St - Fort Dent Way) Project No. 90310402 DESCRIPTION: Design and construct sidewalks, pavement restoration, drainage, and lighting. JUSTIFICATION: Pedestrian traffic is forced to walk in traveled way, lighting is substandard, drainage is poor and pavement failure is accelerating. STATUS: Completed final design in 2013, Construction awarded on 5/5/14 and will continue into 2015. MAINT. IMPACT: Reduce annual pavement repairs and increase pedestrian safety. COMMENT: Federal Hwy STP Grant of $389,000 for design. State TIB grant of $5m, Federal STP grant of $2.145m, and developer mitigation of $260,000. City Bond for $3.465m in 2014/15. FINANCIAL Through Estimated ii. cnnw.i ?n1d 9n1n 9n1a 9n17 2019 2019 2020 BEYOND TOTAL EXPENSES Design 835 86 921 Land (R/VV) 209 209 Const. Mgmt. 548 969 1,517 Construction 2,916 5,921 8,837 TOTAL EXPENSES 1,044 3,550 6,890 0 0 0 0 0 0 11,484 FUND SOURCES Awarded TIB Grant 389 2,000 3,000 5,389 Awarded STP Grant 500 1,645 2,145 Mitigation 22 126 148 Bond 3,100 3,100 City Oper. Revenue 655 1,028 (981) 0 0 0 0 0 0 702 TOTAL SOURCES 1,044 3,550 6,890 0 0 0 0 0 0 11,484 2015 - 2020 Capital Improvement Program 14 SCHEDULE OF PRIOR, EXISTING, AND FUTURE ANTICIPATED LONG -TERM DEBT SERVICE - Revised CoWan3 Fad 207. LT00 Bads. Fcmd 208 IG0 BOWS. Fund 209 LT750 Bonds. 2003 Section 1 Section 2 Section 3 E Mktg e. ,_as- Obriition Debt 4. w„ c .3.1.6 cage OK ton 1 911d219 Fi2/74i 211 7.700 7750 Ref g ? F.eteale'ssq Fad 212 Ft,,d214 LTGO Bonus . LTGO 2010 2009 F216 9,..53c1217 LTG0 700 Fcmd 215 9m42o5tg, G635 .7259, LTGO 2017 2008 1 ' 22'31.1 I 207 a I OCC 72.91 Ke - 566.-.7 62 94. 166 ; '96:180.000.' 99+ 95 36 595':1 700: 35 09s 790 54520.E 34 990 L cz rs,i k.,. r CO:. ,�„! (masse ; 0:c;�i' so i erns f'...33. Orq:w taus i Osispol ;same cS sat 6csa ; O1705 Lsc:a ckt0n_-s €8c:a 0:r,nal 4$s 2000 512.385 2001 516.100 2002 513973 2003 516173 2004 2005 2006 2007 2008 2009 - 2010 ., 2011 2012 2013 i. 2014 2015 2016 2017 2018 2019 2020 2021 2022 - 2023 2024 2025 2026 2027 - 2028 2029 20301 - 2031 2032 2033 1 20341 - 2035 2036 2037 2038 2039 To 26.875 02'4. .EM 245.882 8:4,222 250595. 694 146 - 250.963 49,871 Bw ,673 250067 272.026 83"9'6 250.812 -272026 832105 250077 272.926 832x.305 250.839 272.026 831.305 250.479. .272,026 488.948 190.10 533,317 193.200 - .89549 564 681 ; 716.3 3.379 75.6 489 576 489 996 498,900 4-69.0 4.59,5-W it 457.3M 496 20 1 499.900 ; 457,500 497.52 r, 44&25 i 274.466 954 000 615400 559479 1 91725 7227NC 1 625 157 717 C " -i° i 429.515 CO ^in ss 14 0o71Lm zs . CC ,1. -m Tc o° EstatUa GC 0¢`72 r - Tata', cs;ss!n New 17c11- 'how De's 'Scr< Deb' 12 r. 1.05905! and F_3!3, B.4 '4 L7u co-.a.4 -a •Ave S "t,'e 112561 i Genera 0n- ,cation De*. 3D "'27 ' S2.` .36 !a:�c Ns_c 165 190 54.400009 - 134eo ?oientel lsae'F 1999,2E 595325 i 5.74425? 5534.3 6 5,67 429 11,300 11 100 809,900 809.100 810,900 426.183 . 585.650 427960 585,450 427461 581.190 428.288 .. 575.152 427.973 567. 427.869 426.'739 5-32,520 427,532 5447,175 4727.779 5.x.019 425095 425.336 427 -130 425 656 425 Ki..6 742 3_5 424 791 424.702 1 424201 423.889 423.792 423,485 422, .. -.72,501 422' 234 422085 279186 171 7W. ,1 ,016 2294680 -29"9260 228.600 9 2058.631 S- 2a 875 19 634406 s 23 518 212.319 1 S 52376226 1 5 6 756500 rs 11.591.05 S 8.146.062 160E 1E72975 547 675 112,130 113 -130 1.373,6 1599664 1.595 7760 1.651 155 1,844 642.. 1,843273 1,941,905 1,843 570 1,843,310 2027 0.36 2,514257 .7" 165 3 5'w 995 510 545,825 548,675 552.300 549,250 76. 545.300 551.50 545,900 113,130 113.190 113,130 113 130 113.130 113,130 113.130 113 115 9 1397.846 1-S 551673.4 1, 44 1 52.78.5 2712,887. 2.486,315 2483981 2474920 2 468,010 1.644 481 1.637 756 1,63.5 32 17 4`2.35-6 226.130 - 7.76 2 - 426.896'. - ' 51215.1 75 257 425535 _ • F 237 .- c,:. -- 429,2136 424 7911 ' 277.777 42, 75,2 : 217 77-7 4242:1 GS,e t 523 539 .49,600 422792 215212 422 435 1,1-2,72,7 422.:30 422.591 412254 4 ,2 917;95:019 • ..:,:,u. `. 39:2.,: 1 7112 .007.3 1 217 ,56M 859 e-5 1 1,55.9.0 1.61. -9:79 1,259696 079,9021; 537 :00 1.373 507 2000 ° 635 6c, • 2001 1593 .2002 1591 155 2003 1 a 2004 1 ' 3 725 2005 1.3.4:.938 2006 1,643 6'0 2007 1 ,,7';2008 075 2009 2714.257 , 2010 96;2011 3 2147765 ■ 2012 61c7 9^e 2013 3.223.57 2014 2015 2016 2017 2018 0• 2019 2020 22-3- 77^11 2021 • 7 -.2022 _ -_- =' 2023 • 2024 1 2025 2026 1.. a - 1777. 2027 2028 2029 2030 7717.- 2031 • 2032 2033 7 .2034 2035 2036 2037 1038 2039 CO O 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 ToIs1e 2015 -2016 Biennial Budget, Page 268 SCHEDULE OF PRIOR, EXISTING, AND FUTURE ANTICIPATED LONG -TERM DEBT SERVICE 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 Section 1 ecb General Debt dn9 OdBYatlon I Total Biasing GO Debt y v Section 2 v v�y Ay Db9ga Rria8IlMldtalud Ganenl lion Debt A .... .. -• Column 10 .. .• ._.. Column 14 Column15 Column 16. Column 11 COlumn19 A VA ∎V. y A \\ New Debt A A \ New Debt A Total New Debt New Debt brlemtban B#RBndge Urban \\ 2nd he Pniapand S \ RenewalV vFlaw Debt y ..: y \y Ay , \ � .aA \ AvA a, -. '_ '. Fund 201 LTGO Bonds Fund205 Special Assessment Bonds Fund 207 Bonds 1999 Fund210 Fund211 Fund 208 Fund 209 LTGO LTGO LTGO LTGO Rearming, Refunding,., Rearming, Bonds -2000 Bonds. 2003 2008 Fund 212 LTGO 2 Bonds, 2009 Fund 214 LTGO 2010 Fmd216 Fund217 LTGO LTGO Fund 218 Refunding Rs4nding, LTGO, 2013 2010 2011 56.000000 Original Issue 5382,900 Original Issue .810,000900 .Original Issue 82,551,600 Orignal - Issue 56,277500 5!_195000 36180,000 Original Original Original _ Issue Issue issue 56898800 �� issue 55 870.000 Original Issue :81,065000 84,620000 91000,000 Original Original Original Issue Issue issue 83100000 32,500-000 36100000 X400000 Potenial ' Paten tl , \Potenial� Potent ci - N. Issue A A 8150.\ \,lssae \ \:: � Issue_ v ' A 512,385 516100 513,973 516,173 - = - _ j 834,343 1 833,623 834,223 634,118 . 832873 830,535 832 105 832,305 831,305 488,948 _ 216882 250,595 250,963 250,067 250812 250877 250.839 250=479 190.104 193,200 - - ; - - , - 19871 - - 272,026 489,676 - 272026 489,900 c - ' 272026 486,900 - 272026 488,500 1 - 272026 489,500 - 533,323 489,900 324 =800 585,949 489700 816,000 584 881 488,900 815,400 718,375 487,500 809000 3,379 788 - 490,500 737000 488 3 812000 - _ - - - _ - - - - 91791 430,157 429.815 - - - _ - - - 199222 586,225 584 125 584,075 593425 - _ _ _ - _ _ - - - - - - • - _ _ - - - - - 1 - - - 230,186 - - 171.790 - 10 166,984 - 232,910 ' 204880 167,975 113,130 229280 547 113130 1,373,603 1,595,604 1 598,790 1,651,155 1,844,642 1.843,273 1,841.908 1,843,670 1,843,310 2,027,075 2511257 2,647196 3,090,985 6.107584 323 4 ■ v , A A \ V V A \, \VA \ k A- ' N \ - V A A A \ �\ V '� �� V A \ N\ V A A A ■ A - N \ V� \ V A A \ A , \ \ \ � \ v� A ��.... A V A . � v A s o '.` . -.. 011300 428,183 811„100.' 427 0 ,900 727458 809,10 -0 4202881 810,900 927973 427,869 585,650 585450 581 190 575152 567307 558.162 228800 5#5825' 113,430 - 548975 143=130 552300 883:34 5492513 883 130 048700 ,3130 _ - 545.300 183 030 2,742.887 2 #86,315 2,483,984 2474 2488,040 9 &44,888_ \\44000' \ 00 "%13000 537000= 248 \200 313000 7333. 878333 �2 #80 X200,000 \287000 35 0 1067000 248 200000 287 \352000 1087 A2 200,000 v 287000 v 521300 1057 \... �v$00, .. \200000.,....::287900....: 352;000 X5087.800 ^. .� _. • - N - - - - - - < - _ - - - - - - - - - - _ - - a ' n s 426239 I 427,532 427 ,379 426,885 426,356 426.130 425896 425836 425 ,335 424791 424,762 ' 424,201 423,889 423,792 423 485 ' 422,950 ; 422,561 422284 ' 422 552,520 543.175 533018 527050 - - - - - - - - - - 546,300 113 =130 - 551,500 113,115 545,900 - = _ - _ _ - - - ( - - - - - - - - - _ - = - - - - - - - - - - - - - - - 1838188 1,635,322 1 =506,297 953,935 426,356 426,130 425896 425,636' 425,335 424791 H 424 762 424,201 423,8891 423,792 423,485. 422,950 422,561. 422,284 422.085 v 248000 \ 200000 87000 352000 1087000 248000 200000 �287000 352000 .1 987000 248 000 200,000 \ 287.000 352000 1087000 ' 248000 y 200.000 281000 9352000 \ 1087,000- 248,000 ■ 200000 \287-000 352.000 ' X1087,000: 248000 A 200,000 287000 352 000 v 1097,000, \ 249,000 vA 200.000 v 287000 �� 352 000 \� 1987 000' 248000 200,000 287000 \352,000 \1087000; \ 248 000 200000 287000 VA 352000 1987.000. 248,000 k, 200000 287=000 352000 1,0870002 248 000 200000 287000 \352,000 1087 000, X248000 200000 287000 352000 91087000 248000, A 200,000 87,000 352,000 A 1887900' \ 248,000 y 200.000 267000 352000 1087 -000 124.000 100 000 352 000 X516,000 N N 176 00 Mr 0 A V v V A \ \ .._.: .:: IMMriffEaraMEMIMIElill=11 MErirlIMMINEEIll 84,960-000- 34000000'. 3'5.792000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 32 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes March 3, 2015— 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie, Kate Kruller (Absent: De'Sean Quinn) Staff: Peggy McCarthy, Vicky Carlsen, Brandon Miles, Gail Labanara, Laurel Humphrey Guests: Susan Musselman and Duncan Brown, Public Financial Management CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Consensus existed to consider item 2b as the first item of business. A. Authorization to Spend Lodging Tax Funds for Street Pole Banners Staff is seeking Council approval of a $6,500 expenditure in lodging tax funds for the manufacture and installation of street pole banners around the Starfire Sports Complex. The banners will be installed along Fort Dent Way and Interurban Avenue to promote the second Sounders team, "S2," whose games are expected to attract many visitors. As required by law the City's Lodging Tax Advisory Committee considered the funding request at its February 20 meeting and recommended that the Council approve the request. Committee Chair Hougardy asked for updated attendance statistics when they are available. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. B. Ordinance: $6,250,000 Limited Tax General Obligation (LTGO) Bonds for Arterial Streets Staff is seeking Council approval of an ordinance that would authorize the issuance of up to $6.25 million in limited tax general obligation bonds for the Boeing Access Bridge retrofit project and the Interurban Avenue Improvement project. The 2015 -2020 CIP shows the City's share of costs for these projects as $6.3 million and total anticipated bonding as $5.6 million. Annual debt service for this bond issue has been budgeted at $448 thousand, and the current estimate is $420,000. The bond issue will fund the majority of the City's share of costs and the annual debt service is expected to be less than that shown in the adopted budget and CIP. The Committee requested that staff update the City's "Schedule of Prior, Existing, and Future Anticipated Long -Term Debt Service" to reflect this action. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. C. Ordinance: Debt Service Payment Dates Staff is seeking Council approval of an ordinance that would amend Ordinances 2464 and 2465 to conform the debt service payment dates stated therein to the dates specified at closing by the purchasers of the Note and the Bonds referenced therein. The amendment to Ordinance 2464, issuance of the Limited Tax General Obligation Bond Anticipation Note, 2014, would accelerate payment from April to March. The amendment to Ordinance 2465, issuance of the Limited Tax General Obligation Bonds, 2014, would provide an addition eleven months before a rate reset is required which is an advantage to the City. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. 33 34 COUNCIL AGENDA SYNOPSIS Initials Meelin ,g Date Prepared by Mqy_q,s review Council review 03/09/15 PMC ❑ Resolution M1g Date Z Ordinance Mt g Date 03116115 03/16/15 PMC ❑ Other Mtg Date SPONSOR [:]Council ❑ Mayor ❑ HK ❑ DCD Z.17ina&-e Ej Fire ❑ IT ❑ P&R ❑ Police ❑ 13WI SPONSOR'S The Council is being asked to approve an ordinance amending the Limited Tax General SUMMARY Obligation Bond Anticipation Note, 2014, ordinance No. 2464 and the Limited Tax General Obligation Bonds, 2014, ordinance No. 2465 to conform the debt service payment dates with the dates specified at closing by the purchasers of the Note and the Bonds, respectively. REVII.iWl,"D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte [--] Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: Sl1()NS0R /Ai).N,llN. Finance Department C()m IN, ""IT" �� Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPf,"NI)1'1*UREREQUIREl) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 3/9/15 ITEM INFORMATION ITEM NO. I 35 STAFF SPONSOR: PEGGY MCCARTHY ORK3 INAI,A(,ENI)ADATE: 3/9/15 A(3 I ?N D,\ I'rj,"m Trl'I,I. Amend Ordinance No. 2464 and No. 2465 regarding debt service payment dates CATEGORY Z Discussion Mtg Date 319115 ❑ Motion Altg Date ❑ Resolution M1g Date Z Ordinance Mt g Date 03116115 E] BidAxard At g Date ❑ Public- Hearing Al g Date ❑ Other Mtg Date SPONSOR [:]Council ❑ Mayor ❑ HK ❑ DCD Z.17ina&-e Ej Fire ❑ IT ❑ P&R ❑ Police ❑ 13WI SPONSOR'S The Council is being asked to approve an ordinance amending the Limited Tax General SUMMARY Obligation Bond Anticipation Note, 2014, ordinance No. 2464 and the Limited Tax General Obligation Bonds, 2014, ordinance No. 2465 to conform the debt service payment dates with the dates specified at closing by the purchasers of the Note and the Bonds, respectively. REVII.iWl,"D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte [--] Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: Sl1()NS0R /Ai).N,llN. Finance Department C()m IN, ""IT" �� Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPf,"NI)1'1*UREREQUIREl) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 3/9/15 3/16/15 MTG. DATE ATTACHMENTS 3/9/15 Informational Memorandum dated 2/25/15 Ordinance in Draft Form, with attachments Minutes from the Finance and Safety Committee meeting of 3/3/2015 3/16/15 35 City of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director DATE: February 25, 2015 SUBJECT: Amendment to bond Ordinance No. 2464 and Ordinance No. 2465 ISSUE Approve an amendment to bond Ordinance No. 2464 and Ordinance No. 2465 revising the interest and commitment fee payment dates and the interest rate reset dates, respectively. BACKGROUND The City previously issued its Limited Tax General Obligation Bond Anticipation Note, 2014 (the "Note ") pursuant to Ordinance No. 2464 and its Limited Tax General Obligation Bonds, 2014 (the "Bonds ") pursuant to Ordinance No. 2465. This amendment is necessary to conform the debt service payment dates set forth in Ordinance No. 2464 and Ordinance No. 2465, respectively, to the dates specified at closing by the purchasers of the Note and the Bonds, respectively. FINANCIAL IMPACT There is no financial impact. DISCUSSION Revision to Ordinance No. 2464. The revised interest and commitment fee payment dates accelerate payment by one month from April to March allowing a more timely payment of this City obligation. Revision to Ordinance No. 2465. The revised reset date provides an additional eleven months before a rate reset is required. Extending the rate lock period is considered advantageous to the City. It also simplifies the internal tracking and accounting by Zions First National Bank (the sole bond holder / lender) and is considered advantageous to them as well. RECOMMENDATION Council is being asked to approve the ordinance amending Ordinance No. 2464 and Ordinance No. 2465 and to consider this item at the March 9, 2015 Committee of the Whole Council Meeting and at the March 16, 2015 Regular Council Meeting. ATTACHMENTS: Draft ordinance. 37 ft AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2464, SECTION 4 (PART) AND SECTION 5, AND AMENDING EXHIBIT A OF ORDINANCE NO. 2465, TO CONFORM DEBT SERVICE PAYMENT DATES; AND PROVIDING FOR OTHER PROPERLY RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City previously issued its Limited Tax General Obligation Bond Anticipation Note, 2014 (the "Note ") pursuant to Ordinance No. 2464, and its Limited Tax General Obligation Bonds, 2014 (the "Bonds ") pursuant to Ordinance No. 2465; and WHEREAS, this amendment is necessary to conform the debt service payment dates set forth in Ordinance No. 2464 and Ordinance No. 2465, respectively, to the dates specified at closing by the purchasers of the Note and the Bonds, respectively; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 2464, Section 4, Amended. Except as amended by this ordinance, all other provisions of Ordinance No. 2464 shall remain in full force and effect and all actions taken at any time prior to the effective date of this ordinance, which are consistent with Ordinance No. 2464 as so amended, are hereby ratified and confirmed in all respects. . Section 4 of Ordinance No. 2464, subparagraphs B and C, are hereby amended to read as set forth below. (Additions are double underlined and deletions are enclosed in double parentheses and struck through.) W: Word Processing \Ordinances \LTGO Bonds - Conforming debt service payment dates 2 -25 -15 PM:bjs Page 1 of 4 �G Terms of the Note. B. Interest. Each Draw .shall bear interest at the Interest Rate selected by the City from the Date of each Draw, which shall be computed on the basis of a year of 360 days for the actual number of days elapsed. The City Finance Director shall designate the Fixed Rate or the applicable Variable Rate Period with respect to each Draw in the Draw Request. So long as no Event of Default has occurred and is continuing, interest shall accrue on each Draw at the applicable Interest Rate. Upon the occurrence of an Event of Default and until such default is cured, the Bank may, at its option, impose the Default Rate. Interest on the outstanding principal amount of the Note will be paid quarterly, beginning ((Apfil))March 1, 2015, and each ((Apf4))March 1, June 1, September 1 and December 1 thereafter, to and including the Maturity Date. If the first day of a calendar month is not a Business Day, the payment shall be due on the next succeeding Business Day. The City may elect to convert any Fixed Rate Draw to a Variable Rate as set forth in the Line of Credit Agreement, and may convert any Variable Rate Draw to a different Variable Rate Period or to a Fixed Rate at the expiration of any Variable Rate Period. Unless the City affirmatively elects a new Variable Rate Period in writing received by the Bank on or before 2:00 p.m. (Pacific Time) on the last Business Day of a Variable Rate Period for a specific Draw, the Interest Rate for such Draw shall be renewed for a successive Variable Rate Period of the same length as the expiring Variable Rate Period. Notwithstanding the foregoing, the Finance Director may consent to different terms in the Line of Credit Agreement regarding the Variable Rate Periods and indices available and regarding conversion of interest rate modes, if she deems the terms in the Line of Credit Agreement to be in the City's best interests. C. Commitment Fee. The City agrees to pay a commitment fee of 0.50% on the average daily balance of the unused portion of the commitment amount (i.e., the maximum stated amount of the Note, less the sum of all Draws) calculated on the basis of a 360 -day year and the actual days elapsed. The commitment fee shall be payable quarterly in arrears on each interest payment date, commencing on ((ApA))March 1, 2015. Section 2. Ordinance No. 2464, Section 5, Amended. Except as amended by this ordinance, all other provisions of Ordinance No. 2464 shall remain in full force and effect and all actions taken at any time prior to the effective date of this ordinance, which are consistent with Ordinance No. 2464 as so amended, are hereby ratified and confirmed in all respects. Section 5 of Ordinance No. 2464 is hereby amended to read as set forth below. (Additions are double underlined and deletions are enclosed in double parentheses and struck through.) W: Word Processing \Ordinances \LTGO Bonds - Conforming debt service payment dates 2 -25 -15 PM:bjs Page 2 of 4 nil Term Out Provision. If, on the Maturity Date, the City is unable to pay the principal of or interest on the Note then due and payable in full and no Event of Default has occurred and is continuing, the Maturity Date shall be extended for a term of one year, to December 1, 2018. This period shall be referred to as the "Term Out Period." Interest on the outstanding principal amount shall accrue from and after December 1, 2017 at a rate equal to the Fixed Rate plus 2.0 %, calculated on the basis of a year of 360 days for the actual number of days elapsed. Interest and Principal shall be due and payable in four approximately equal quarterly installments, on ((Apr4))March 1, 2018, June 1, 2018, September 1, 2018 and December 1, 2018. The maximum term of the Note issued under this ordinance shall not be extended beyond December 1, 2018 without written approval by the Bank accepted by the City Council. Section 3. Exhibit A to Ordinance No. 2465 Amended. Except as amended by this ordinance, all other provisions of Ordinance No. 2465 shall remain in full force and effect and all actions taken at any time prior to the effective date of this amendatory ordinance, which are consistent with Ordinance No. 2465 as so amended, are hereby ratified and confirmed in all respects. Exhibit A of Ordinance No. 2465 is hereby amended to read as set forth in Exhibit A to this ordinance. (Additions are double underlined and deletions are enclosed in double parentheses and struck through.) Section 4. General Authorization and Ratification. The 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 Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 5. 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 6. 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. W: Word Processing \Ordinances \LTGO Borrds- Conforming debt service payment dates 2 -25 -15 PM:bjs Page 3 of 4 41 Section 7. 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Bond Counsel Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A, Description of the Bonds W: Word Processing \Ordinances \LTGO Bonds - Conforming debt service payment dates 2 -25 -15 PM:bjs Page 4 of 4 42 (a) (b) (c) (d) (e) Exhibit A EXHIBIT A DESCRIPTION OF THE BONDS Principal Amount: $3,850,000 Purchase Price: $3,850,000 (par amount of the Bonds) Interest Payment Dates: June 1 and December 1, commencing June 1, 2015. Maturity and Interest Rates: The Bonds shall mature on the dates and bear interest at the initial rates (computed on the basis of a 360 -day year of twelve 30 -day months), as follows: City of Tukwila, Washington Limited Tax General Obligation Bonds, 2014 (Taxable) Maturity Principal Interest Maturity Principal Interest (Dec 1) Amount Rate (Dec 1) Amount Rate 2015 $141,000 0.85% 2021 $ 165,000 3.93% 2016 149,000 1.17 2022 172,000 4.32 2017 150,000 1.60 2023 179,000 4.63 2018 153,000 2.17 2024 187,000 4.86 2019 156,000 2.67 * ** * ** * ** 2020 160,000 3.26 2034 2,238,000 2.85(') (1) Commencing December((danuary)) 1, 2019, interest on those Bonds maturing December 1, 2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle Federal Loan Bank from time to time, divided by 0.65, which will remain in effect through and including November 2-, )) 2024. Commencing December 1 2024((da^��_TZB2-5)), interest on those Bonds maturing December 1, 2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle Federal Loan Bank from time to time, divided by 0.65, which will remain in effect through and including November 30((Desember 31)), 2029. Commencing December 1 2029 (( )), interest on those Bonds maturing December 1, 2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle Federal Loan Bank from time to time, divided by 0.65, which will remain in effect through and including December 1, 2034. Optional Redemption: The Bonds maturing on and after -December 1, 2020, are subject to redemption in whole or in part on or after December 1, 2019, without penalty at any time, upon 30 days written notice to the Registered Owner(s) of the Bond(s) to be redeemed. A -1 43 (f) Mandatory Redemption: The Bond due on December 1, 2034 will be paid in annual principal installments, plus accrued interest, on December 1 in the years and amounts as follows: Term Bonds Maturing 2034 Mandatory Redemption Years 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034* *Maturity. 44 A -2 Mandatory Redemption Amounts $197,000 202,000 208,000 214,000 220,000 226,000 233,000 239,000 246,000 253,000 CERTIFICATION I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on 2015, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date is 12015. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: 2015. CITY OF TUKWILA, WASHINGTON Christy O'Flaherty, MMC, City Clerk 45 w City of Tukwila • Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes March 3, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duff ie, Kate Kruller (Absent: De'Sean Quinn) Staff: Peggy McCarthy, Vicky Carlsen, Brandon Miles, Gail Labanara, Laurel Humphrey Guests: Susan Musselman and Duncan Brown, Public Financial Management CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Consensus existed to consider item 2b as the first item of business. A. Authorization to Spend Lodging Tax Funds for Street Pole Banners Staff is seeking Council approval of a $6,500 expenditure in lodging tax funds for the manufacture and installation of street pole banners around the Starfire Sports Complex. The banners will be installed along Fort Dent Way and Interurban Avenue to promote the second Sounders team, "S2," whose games are expected to attract many visitors. As required by law the City's Lodging Tax Advisory Committee considered the funding request at its February 20 meeting and recommended that the Council approve the request. Committee Chair Hougardy asked for updated attendance statistics when they are available. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. B. Ordinance: $6.250.000 Limited Tax General Obliaation (LTGO) Bonds for Arterial Streets Staff is seeking Council approval of an ordinance that would authorize the issuance of up to $6.25 million in limited tax general obligation bonds for the Boeing Access Bridge retrofit project and the Interurban Avenue Improvement project. The 2015 -2020 CIP shows the City's share of costs for these projects as $6.3 million and total anticipated bonding as $5.6 million. Annual debt service for this bond issue has been budgeted at $448 thousand, and the current estimate is $420,000. The bond issue will fund the majority of the City's share of costs and the annual debt service is expected to be less than that shown in the adopted budget and CIP. The Committee requested that staff update the City's "Schedule of Prior, Existing, and Future Anticipated Long -Term Debt Service" to reflect this action. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. C. Ordinance: Debt Service Payment Dates Staff is seeking Council approval of an ordinance that would amend Ordinances 2464 and 2465 to conform the debt service payment dates stated therein to the dates specified at closing by the purchasers of the Note and the Bonds referenced therein. The amendment to Ordinance 2464, issuance of the Limited Tax General Obligation Bond Anticipation Note, 2014, would accelerate payment from April to March. The amendment to Ordinance 2465, issuance of the Limited Tax General Obligation Bonds, 2014, would provide an addition eleven months before a rate reset is required which is an advantage to the City. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. EYA COUNCIL A SYNOPSIS Initials Meeliq Dale Prepared by Mazors review Council review, 03/09/15 BM ❑ Resolution At� Dale ❑ Ordinance M�g bate 03/16/15 BM ❑ Other Mt g Date SPONSOR ❑ Council Z Mayor OHR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R E] Police ❑ PIP' SPONSOR'S Staff is requesting $6,500 in lodging tax funds to install up to 20 light pole banners around SUNV',I;\1kY the Starfire sports complex. The banners will be installed along Fort Dent Way and Interurban Avenue. The banners will be used to promote S2 games and the Sounders at the Starfire Sports Complex. Riwii,,W1,'.D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte Ej"Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 3/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Economic Development Comm,""I'll," Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPEINDITURF REQunu;li) AMOUNT BUDGETED APPROPRIATION REQUIRED $6,500 $0.00 $6,500 Fund Source: LODGING TAX FUNDS Comments.- Funds will come from the City's estimated 2015 ending balance of $389,674. MTG. DATE RECORD OF COUNCIL ACTION 03/09/15 ITEM INFORMATION ITEM NO. 4.C. IS'I',\],'I; SIIONSoix: BRANDON MILES 03/09/15 A(3HNDA 1'ri�"m Trrj.i. Funding request to install street pole banners for Sounders 2 games. CATEGORY Z Discussion Mt g Date 03109119 Z Motion M1 g D te 3116119 ❑ Resolution At� Dale ❑ Ordinance M�g bate ❑ Bid Award YAR g D Date ❑ Public Hearing M�g Date ❑ Other Mt g Date SPONSOR ❑ Council Z Mayor OHR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R E] Police ❑ PIP' SPONSOR'S Staff is requesting $6,500 in lodging tax funds to install up to 20 light pole banners around SUNV',I;\1kY the Starfire sports complex. The banners will be installed along Fort Dent Way and Interurban Avenue. The banners will be used to promote S2 games and the Sounders at the Starfire Sports Complex. Riwii,,W1,'.D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte Ej"Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 3/3/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Economic Development Comm,""I'll," Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPEINDITURF REQunu;li) AMOUNT BUDGETED APPROPRIATION REQUIRED $6,500 $0.00 $6,500 Fund Source: LODGING TAX FUNDS Comments.- Funds will come from the City's estimated 2015 ending balance of $389,674. MTG. DATE RECORD OF COUNCIL ACTION 03/09/15 MTG. DATE ATTACHMENTS 03/09/15 Informational Memorandum datd 2/18/15 Draft mock ups of banners (subject to change) Minutes from the Finance and Safety Meeting of 3/3/15 3/16/15 we 50 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety FROM: Brandon J. Miles Economic Development Liaison DATE: February 18, 2015 SUBJECT: Installation of Street Pole Banners for the Sounders ISSUE Authorization to expend up to $6,500 in lodging tax funds for the manufacture and installation of street pole banners around the Starfire Sports Complex. BACKGROUND Since 2009, the Starfire Sports Complex at Fort Dent Park, has been the training ground to the Sounders FC. Sounders FC is one of the dominant and most successful soccer clubs in Major League Soccer (MLS). Besides training at the facility, the Sounders also host US Open Cup games at the Starfire Stadium. These games are regularly sold out and attract thousands of visitors to the City. In 2014, the Sounders announced that they were forming a second team, known as "S2 ". S2 will play in the United Soccer League (USL) and provide younger players the opportunity to get game experience. S2 will train and play all of their 14 homes games at Starfire. Additional games, such as US Open Cup games for S2 and playoff games are also likely. Season ticket sales have been strong and it is likely that the S2 games will also be sold out. The following are staff's estimates for the impacts that the S2 games will have this year at Starfire: 1. At least 28,000 fans total will visit the city for the 14 scheduled home games. 2. Over 5,000 people will visit the City to attend S2 games who live more than 50 miles away from the City. 3. Of the 5,000 people who travel more than 50 miles away for the games, over 1,000 will be from outside the State. These numbers only include the regularly scheduled S2 games and do not include US Open games, both by S2 and the MLS Sounders team and does not include likely playoff games by S2 at Starfire. Staff is requesting $6,500 in lodging tax funds to install up to 20 light pole banners around the Starfire sports complex. The banners will be installed along Fort Dent Way and Interurban Avenue. The banners proposed have several goals: 1. Create a festive environment for fans that have come to the City to attend Sounders events, which will hopefully attract more fans to visit; 2. Build a deeper connection between the Sounders team and organization with the Southcenter area and Tukwila Community; 3. Allow the City to begin the process of branding the Southcenter area as an entertainment district. Many entertainment districts, such as the Stadium District in Seattle and Portland's Rose District, display light pole banners; and 51 INFORMATIONAL MEMO Page 2 4. Provide and opportunity for the City's name to create impressions to fans visiting Starfire. All of the banners will clearly have "Tukwila" listed on them. FINANCIAL IMPACT With installation and a ten percent contingency, it is estimated that the banners will cost no more than $6,275. The cost of installation could be much lower if we are able to re -use the brackets that were used in 2008 for the light pole banners that were installed for the City's centennial. No general funds dollars will be used. The source of the funds for the installation will come from the City's Lodging Tax. Lodging tax funds are intended to be used for tourism promotion, such as the banners being proposed. RECOMMENDATION The Council is being asked to place this item on the March 9th Committee of the Whole agenda for discussion and on the March 161h Consent agenda. As required State Law, the City's Lodging Tax Advisory Committee (LTAC) considered the funding request at its meeting on February 20, 2015 and recommended that the City Council approve the funding request. ATTACHMENTS • Draft design of banners (to be provided at Finance and Safety Meeting) WA2015 Info MemoslLodgingTaxbanners.doc 52 53 54 City of Tukwila • Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes March 3, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duff ie, Kate Kruller (Absent: De'Sean Quinn) Staff: Peggy McCarthy, Vicky Carlsen, Brandon Miles, Gail Labanara, Laurel Humphrey Guests: Susan Musselman and Duncan Brown, Public Financial Management CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA Consensus existed to consider item 2b as the first item of business. A. Authorization to Spend Lodging Tax Funds for Street Pole Banners Staff is seeking Council approval of a $6,500 expenditure in lodging tax funds for the manufacture and installation of street pole banners around the Starfire Sports Complex. The banners will be installed along Fort Dent Way and Interurban Avenue to promote the second Sounders team, "S2," whose games are expected to attract many visitors. As required by law the City's Lodging Tax Advisory Committee considered the funding request at its February 20 meeting and recommended that the Council approve the request. Committee Chair Hougardy asked for updated attendance statistics when they are available. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. B. Ordinance: $6.250.000 Limited Tax General Obliaation (LTGO) Bonds for Arterial Streets Staff is seeking Council approval of an ordinance that would authorize the issuance of up to $6.25 million in limited tax general obligation bonds for the Boeing Access Bridge retrofit project and the Interurban Avenue Improvement project. The 2015 -2020 CIP shows the City's share of costs for these projects as $6.3 million and total anticipated bonding as $5.6 million. Annual debt service for this bond issue has been budgeted at $448 thousand, and the current estimate is $420,000. The bond issue will fund the majority of the City's share of costs and the annual debt service is expected to be less than that shown in the adopted budget and CIP. The Committee requested that staff update the City's "Schedule of Prior, Existing, and Future Anticipated Long -Term Debt Service" to reflect this action. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. C. Ordinance: Debt Service Payment Dates Staff is seeking Council approval of an ordinance that would amend Ordinances 2464 and 2465 to conform the debt service payment dates stated therein to the dates specified at closing by the purchasers of the Note and the Bonds referenced therein. The amendment to Ordinance 2464, issuance of the Limited Tax General Obligation Bond Anticipation Note, 2014, would accelerate payment from April to March. The amendment to Ordinance 2465, issuance of the Limited Tax General Obligation Bonds, 2014, would provide an addition eleven months before a rate reset is required which is an advantage to the City. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. 55 56 COUNCIL AGENDA SYNOPSIS --------- - - - - -- Initials Meelin Dale Pre Pared by W S review �� Council repiew. 03/09/15 PMC Az::V VC F]Ordinance Mtg Date 03/16/15 PMC 1:1 Other Mtg Dale SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD Z Financw ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S Council is being asked to authorize the Mayor to sign the agreement to extend the Animal SUMMARY Services Interlocal Agreement through December 31, 2017. The current ILA expires on December 31, 2015. BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 03/03/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Finance Co m m", "'III'. I," Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/09/15 ITEM INFORMATION ITEM NO. 4.D. 57 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL, AGENDA DATI-,: 03/09/15 AGENDA IT]"M Ti,i,j,i Authorize the Mayor to sign the agreement to extend the Animal Services Interlocal Agreement Through December 31, 2017. CATEGORY Z Discussion Mt ,g Date 03109115 Z Motion Mtg Date 0311611.5 ❑ Resolution Mtg Date F]Ordinance Mtg Date ❑ Bid Award Mt g Date ❑ Public Hearing Mtg Date 1:1 Other Mtg Dale SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD Z Financw ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S Council is being asked to authorize the Mayor to sign the agreement to extend the Animal SUMMARY Services Interlocal Agreement through December 31, 2017. The current ILA expires on December 31, 2015. BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 03/03/15 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Finance Co m m", "'III'. I," Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/09/15 MTG. DATE ATTACHMENTS 03/09/15 Informational Memorandum dated 02/25/15 Agreement to extend Animal Services Interlocal Agreement through December 31, 2017 Minutes from the Finance and Safety Committee meeting 03/03/15 03/16/15 57 W TO: FROM: BY: DATE: SUBJECT ISSUE City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee Peggy McCarthy, Finance Director Vicky Carlsen, Deputy Finance Director February 25, 2015 Agreement to Extend Animal Services Interlocal Agreement through December 31, 2017 Approve agreement to extend the current Animal Services Interlocal Agreement for King County to continue to provide animal services for unincorporated King County and 25 contract cities through December 31, 2017. BACKGROUND King County has been providing regional animal control services for several years. In 2010, the County created a partnership with 26 cities. In 2012, 25 cities contracted with King County for a 3 year term, ending December 31, 2015. In June, 2012, the City approved and signed this Agreement that remains in effect through the end of this year. The agreement allows for an extension for an additional two -year term, ending December 31, 2017. The program and services are supported by pet licensing and fees /fines as well as the general fund of King County and many of the contracting cities. In 2013, program generated revenues supported 49% of program expenses. The remaining 51 % of operating expenses were supported by contributions from the County's general fund and payments from contract cities. The cost allocation model assigns 80% of program expenses based on use (responses to calls, shelter intakes, etc.) and 20% based on population to provide a correlation between the costs of the program and the use of the program. Tukwila data compared to all contract cities and unincorporated King County is as follows: Tukwila All Entities 2014 population 19,210 1.92% of total population 2013 calls 186 3.48% of total calls 2013 shelter intakes 210 4.92% of total shelter intakes 2013 license count 1,180 1.26% of total licenses At the July 2014 Joint City County Collaboration (JC4) meeting, discussion was held as to whether to extend the current contract by two years or begin the process to negotiate a new contract. The County Executive supports the extension under the same terms and conditions and the cities that were in attendance at the meeting expressed the desire to extend the contract as well. On November 17, 2014, Council authorized the Mayor to sign a non - binding Indication of Interest to extend the current Regional Animal Services Interlocal Agreement for 2 years. In order to extend the existing agreement, all 25 contract cities needed to agree to the extension. Me, INFORMATIONAL MEMO Page 2 DISCUSSION In January, the City was notified that all 25 contract cities signed the non - binding Indication of Interest to extend the existing contract. In order to extend the existing interlocal agreement, the City Council will now need to authorize the Mayor to sign the extension to the current Regional Animal Services Interlocal Agreement. RECOMMENDATION Council is being asked to authorize a two -year extension to the current Animal Control Interlocal Agreement and consider this item at the March 9, 2015 Committee of the Whole meeting and subsequent March 16, 2015 Regular Meeting. ATTACHMENTS Agreement to Extend Animal Control Services Interlocal Agreement through December 31, 2017. •1 AGREEMENT TO EXTEND ANIMAL SERVICES INTERLOCAL AGREEMENT THROUGH DECEMBER 31, 2017 This AGREEMENT is made and entered into by and between KING COUNTY, a Washington municipal corporation and legal subdivision of the State of Washington (the "County ") and the undersigned Cities ( "Contracting Cities "). WHEREAS, the County and each Contracting City entered into an Interlocal Agreement regarding the provision of animal control, sheltering and licensing services for the period of 2013 through 2015 ( "Interlocal Agreement "); and WHEREAS, the Interlocal Agreement took effect on July 1, 2012 and remains in effect through December 31, 2015, unless otherwise extended through December 31, 2017; and WHEREAS, the Interlocal Agreement provides for a two -year extension of Term in Subparagraph 4.b.; and WHEREAS, Subparagraph 4.b, section i, states either Party may propose amendments to the Agreement as a condition of an extension; and WHEREAS, Subparagraph 4.b, section ii, states that nothing in this Agreement shall be construed to compel either Party to agree to an extension or amendment of the Agreement, either on the same or different terms; and WHEREAS, Subparagraph 4.b, section iii, states that the County agrees to give serious consideration to maintaining the various credits provided to the Contracting City under this Agreement in any extension of the Agreement; and WHEREAS, the County and Contracting Cities ( "the Parties ") wish to extend the Interlocal Agreement through December 31, 2017, as contemplated within Section 4 of the Interlocal Agreement; NOW THEREFORE, in consideration of the promises, covenants and agreements contained in the Interlocal Agreement, as extended, the Parties agree as follows: 1. The Interlocal Agreement shall remain in effect through December 31, 2017 under the same terms and conditions and may not be terminated for convenience. 2. In order to maintain the same terms and conditions, dates within Interlocal Agreement shall reflect the extended 2016 and 2017 period, as set forth in Attachment A. 3. The County may sign an agreement with additional cities for provision of animal services prior to the expiration of the extended Interlocal Agreement, but only if the additional city agreement will not increase the Contracting Cities' costs payable to the County under the Interlocal Agreement. City of Tukwila January 14, 2015 .N 4. The Parties agree that, in light of their decision to now extend the Interlocal Agreement for an additional two year term as provided herein, procedures set forth in Section 4 of the Interlocal Agreement for meeting to discuss the prospect of an extension, for proposing amendments to the Interlocal Agreement during the extended term and for providing notice of intent to extend the Interlocal Agreement are superfluous. The Parties accordingly waive their rights to such procedures. 5. This Agreement to extend the Interlocal Agreement may be executed in counterparts by each Contracting City and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute one instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed effective this day of , 2015. King County Dow Constantine King County Executive Date Approved as to Form: Deputy Prosecuting Attorney Date City of Tukwila January 14, 2015 62 City of Tukwila Jim Haggerton Mayor, City of Tukwila Date Approved as to Form: Tukwila City Attorney Date ATTACHMENT A RASKC ILA Extension Dates Section 1(d) Definition of "Agreement" means this Animal Services Interlocal Agreement for 2013 201=5 2016 and 2017.... Section 4(e) Limited Reopener and Termination: " If a countywide, voter approved property tax levy for funding some or all of the Animal Services program is proposed that would impose new tax obligations before January 1, 2416 2018..." Section 7(c) ii - "The City may request licensing revenue support from the County in 2014 and 201= 2016 and 2017..." - "...provision of licensing revenue support in 2014 and 2015 2016 and 2017..." Exhibit A, Part II Shelter Services "During 210-1-3-404-5--2016 and 2017" Exhibit C, Part 2 - Bullet #2 "(fixed at 2013 level, payable annually through 2015 2017)" "(also fixed at a 2013 level, payable annually through 2015 2017)- - Bullet #3 "In 216-114 a^d"^' ` 2016 and 2017..." ".. Licensing Revenue Support Cities with a licensing Revenue Target over $20,000 /year will be assured such services in 2013 2015 2016 and 2017" - Bullet #4 "...of total New Regional Revenues, in 2014 and 201&2016 and 2017:.." - Bullet #5 "In Service Years 2014 and 201-5-2016 and 2017..." Exhibit C4- Transition Funding Credit, Shelter Credit, Estimated new Regional Revenue A. Transition Funding "..these cities will receive credit at the level calculated for Credit 2013 in the 2010 Agreement for Service Years '^'14 ^a�„�n -2016 and 2017, ..." B. Shelter Credit "A total of $750,000 will be applied as a credit in each of the Service Years 2013 2015 2016 and 2017..." Table 3 title "Annual Shelter Credit Allocation -'^3- '152016 and 2017" Exhibit C5 Licensing Revenue "In 2014 and 201&2016 2016 and 2017..." and Support (E) "...Exhibit F with respect to all •3 service years (2016 and 2017)" Exhibit C5 Licensing Revenue "For Service Year 2019 2016 and 2017...." Support, Table 2 Exhibit C -7 "...Licensing Revenue Support in Service Years 2014-er 28152016 or 2017..." City of Tukwila January 14, 2015 63 ATTACHMENT B King County- Regional Animal Services— Contracting Cities Beaux Arts Maple Valley Bellevue Mercer Island Black Diamond Newcastle Carnation North Bend Clyde Hill Redmond Covington Sammamish Duvall SeaTac Enumclaw Shoreline Issaquah Snoqualmie Kenmore Tukwila Kent Woodinville Kirkland Yarrow Point Lake Forest Park City of Tukwila January 14, 2015 M Finance & Safety Committee Minutes March 3. 2015 - Paae 2 D. Ordinance: Unbudgeted Equipment or Fixed Assets Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Chapter 3.32, "Budget Provisions," by removing Section 3.32.040, "Unbudgeted Equipment or Fixed Asset Items ", as well as make minor clarifying edits. This section requires the approval of the Mayor and three affirmative votes of a Council standing committee to approve the purchase of unbudgeted capital equipment or fixed asset item, including components or services related to capital equipment or fixed assets. Fixed asset items are defined as costing at least $5,000 and having a useful life of at least two years. Staff recommends removing this section as part of an ongoing effort to eliminate redundancy and streamline processes with the rationale that Section 3.32.030, "Bids," provides appropriate control over both large purchases as well as unbudgeted equipment and fixed assets. Section 3.32.030 allows the Mayor to call for bids or procure goods or services when the cost is under $40,000. All purchases over $40,000 require Council approval, which this proposal will not change. There is additional internal control over purchasing within the City's Administrative Purchasing Policies. Special treatment of capital asset purchases is not considered necessary considering the other controls in place. The Committee discussed the proposal and requested that staff provide additional information regarding the history of this code provision, if available, as well as any draft administrative purchasing policy that may be related. RETURN TO FINANCE AND SAFETY COMMITTEE WITH ADDITIONAL INFORMATION. E. Interlocal Agreement: Extending Animal Control Services Staff is seeking Council approval to extend the current Animal Services Interlocal Agreement for King County through December 31, 2017. In November 2014 the Council authorized the Mayor to sign a non - binding Indication of Interest to extend the agreement for two years, but to make it official all 25 contract cities needed to agree. The City was notified in January that all 25 contract cities signed the non - binding Indication of Interest, and now the official extension is ready to be signed if the Council approves. Committee Chair Hougardy noted that a thorough review of the services provided under this contract should take place during the remaining term. The Committee asked staff to check availability for a representative from Regional Animal Services of King County to attend the March 9 Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO MARCH 9, 2015 COMMITTEE OF THE WHOLE. Ill. MISCELLANEOUS Meeting adjourned at 6:17 p.m. Next meeting: Tuesday, March 17, 2015 - 5:30 p.m. - Hazelnut Conference Room � Q�, q� Committee Chair Approval Minutes by LH 65 COUNCIL AGENDA SYNOPSIS nitialr Meetin Date Pre ared b Ma or's review Council review 11/24/14 BG ❑ Resolution Mtg Date ❑ Ordinance Alt Date 03/09/15 BG ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ® PV 03/16/15 BG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITFEE COST IMPACT / FUND SOURCE EXPINDITURL; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $299,999.00 $300,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 13, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/24/14 ITEM INFORMATION ITEM NO. 4.E. 67 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DAIT�: 11/24/14 AGr:NDA ITI:N7 TITLE BNSF Intermodal Facility Access Project Consultant Contract, Scope of work, and Fee with David Evans & Assoc. CATEGORY ® Discussion Mtg Date 03/09/15 ® Motion At Date 03/16/15 ❑ Resolution Mtg Date ❑ Ordinance Alt Date ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ® PV SPONSOR'S The Committee of the Whole was presented with the consultant selection and draft scope SUMMARY of work for the BNSF Intermodal Facility Access Project on November 24, 2014 for discussion. Council comments have been addressed in the finalized scope and fee. There is a 500/o funding agreement with BNSF for this contract. Council is being asked to approve the David Evans and Associates' contract, scope of work, and fee to perform the analysis required for the BNSF Intermodal Facility Access Project. REVIE ,"D BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/24/15 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITFEE COST IMPACT / FUND SOURCE EXPINDITURL; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $299,999.00 $300,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 13, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/24/14 Council discussion on consultant selection and scope 03/09/15 03/16/15 MTG. DATE ATTACHMENTS 11/24/14 Informational Memorandum dated 11/21/14 David Evans & Associates' Draft Scope of Work 03/9/15 Informational Memorandum dated 03/06/15 Vicinity Map Page 13, 2015 CIP David Evans & Associates' consultant contract, scope of work, and fee 03/16/15 67 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Bob Giberson, Public Works Director BY: Grant Griffin, Senior Program Manager DATE: March 6, 2015 SUBJECT: BNSF Intermodal Facility Access Project Project No. 99510409 Consultant Contract, Scope of Work, and Fee ISSUE Execute a contract with David Evans and Associated (DEA), Inc. to provide preliminary engineering services for the BNSF Intermodal Facility Access Project. BACKGROUND The Committee of the Whole was presented with the consultant selection and draft scope of work for the BNSF Intermodal Facility Access Project on November 24, 2014 for discussion. Review comments have been addressed in a finalized scope and fee estimate. DISCUSSION DEA, Inc. has provided a contract, finalized scope of work, and fee estimate to perform the analysis required for the BNSF Intermodal Facility Access Project (see attached contract). FINANCIAL IMPACT DEA, Inc. Contract Contract Budget $299,999.00 $ 300,000.00 We have a 50% cooperative funding agreement up to $150K with BNSF for this engineering analysis through City Contract No. 14 -088. RECOMMENDATION The Committee of the Whole is being asked to approve the contract with DEA, Inc. in the amount of $299,999.00 to provide engineering services for the BNSF Intermodal Facility Access Project and consider this item on the Consent Agenda at the March 16, 2015 Regular Meeting. Attachments: Vicinity Map Page 13, 2015 -2012 CIP Info Memo 11/21/14 Consultant Contract, Scope of Work and Fee &PW Eng\PROJECTW- RW & RS Projects \BNSF Intermodal Facility Access (99510409) \PE\Info Memo Contract BNSF IFA Study.docx • 70 cc SD A LU U- Z U) Cr U) W w ry < O= Z UJ Z Z W z CY D C3 ti LL 0 0 m Ci 2 0 0 V) U) 71 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: BNSF Intermodal Facility Access Project No. 99510409 EXPENSES Identify alternative means for ingress /egress for the BNSF Intermodal Facility located in the Allentown DESCRIPTION: neighborhood. Also analyze the impacts the Facility has to the community. Reduce truck traffic and other environmental effects experienced by adjacent residential community. Also JUSTIFICATION: identified as a 2013 City Priority relating to an improved environment for community livability. City Council approved funding to conduct a study which identifies impacts, provides data driven information, STATUS: and outlines potential options for mitigation leading to a reduction in the effects of intermodal operations onto the 133 community. Council also expressed support to work with BNSF on cost estimates for alternative ingress /egress. MAINT. IMPACT: To be identified. Allentown residents have expressed ongoing concerns regarding the effects of intermodal operations for several COMMENT: years. Staff continues to work with the City's federal delegation to address the federal preemptive authority of railroads and local land use authority. FINANCIAL Through Estimated tin snnwni 2n13 2n14 2n15 2n16 2n17 2n1a 2n1g 2n2n BEYOND TOTAL EXPENSES Design 133 400 533 Land(R/W) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 1 133 1 01 400 1 01 01 01 01 01 01 533 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 150 150 City Oper. Revenue 133 0 250 0 0 0 0 0 0 383 TOTAL SOURCES 133 0 400 0 0 0 0 0 0 533 2015 - 2020 Capital Improvement Program 13 72 Tukwila City Council Committee of the Whole Minutes November 24, 2014 Page 11 of 12 inspection /licensing step for the applicant. The amount charged for the licensing of the truck would not cover the staff costs to conduct the inspection. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. h. An update on the BNSF Intermodal Facility Access Project. Bob Giberson, Public Works Director, explained the access study is a joint project with BNSF, who has agreed to cover up to $150,000 for the site access project. The City advertised a Request for Qualifications to solicit proposals for preliminary engineering for the BNSF Intermodal Facility Access Project on September 18 and 25, 2014, and three proposals were received on October 2, 2014. The clear consensus after review by City staff and BNSF was David Evans and Associates. After the final scope of work is developed and the fee is negotiated, the final contract will return to Council for approval. Brandon Miles, Economic Development Liaison, stated City staff is in the process of conducting a "Community Assessment Study" of the Allentown neighborhood. A goal of the City's Strategic Plan and Comprehensive Plan is to improve the livability of the residential neighborhoods. Prior to beginning the "Community Assessment," staff from various City departments conducted a door -to -door survey of the neighborhood. This was done in order to help staff understand the issues that could be part of the "Community Assessment." In early November, staff completed the first round of surveys and visited every home in the Allentown neighborhood. From that outreach, there are 185 valid responses to the survey from residents. This includes those who completed the survey and those who declined to complete the survey. Over half the residents were not home when staff visited, and staff will revisit those homes in the near future. The goal is to have a 70% response rate to the survey. Once the survey is complete, staff will return to a future Council meeting to present the results. The Councilmembers asked clarifying questions of staff on the above topic. Council President Quinn thanked staff for the update on the status of the project i. An ordinance extending the sunset provision on the interfund utility tax. Councilmember Seal indicated this item was discussed at the Finance and Safety Committee meeting on November 18, 2014. The committee members were unanimous in recommending approval. Peggy McCarthy, Finance Director, explained staff is seeking Council approval of an ordinance that would extend the sunset provision for the collection of City utility taxes to December 31, 2021. Currently a 10% tax is assessed on the revenues of City- operated utilities which is set to end on December 31, 2015. In 2013, the City recognized nearly $1.7 million of interfund utility tax receipts. If the sunset provision is not extended the City will have to consider budget reductions or alternate revenue sources beginning in 2016. The Councilmembers asked clarifying questions of staff on the above item. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton stated he attended the recent National League of Cities, Congress of Cities and Exposition conference in Austin, Texas (November 19 -22, 2014). He will prepare a written report to be distributed to the Council. Council President Quinn suggested Councilmembers who have items to report on submit the reports in writing to the Council Analyst. Due to the lateness of the hour Council dispensed with reports. 73 74 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Bob Giberson, Public Works Director BY: Grant Griffin, Senior Engineer DATE: November 21, 2014 SUBJECT: BNSF Intermodal Facility Access Project Project No. 99510409 Consultant Selection & Draft Scope of Services ISSUE Discuss consultant selection and draft scope of work for preliminary engineering services for the BNSF Intermodal Facility Access Project. BACKGROUND The City advertised a Request for Qualifications (RFQ) to solicit proposals from consultants to provide engineering services for the BNSF Intermodal Facility Access Project. The RFQ was advertised in the Seattle Times and the Seattle Daily Journal of Commerce on September 18 and 25, 2014 with submittals due on October 2, 2014. This is the first step in eventually reducing truck traffic on residential S. 124th Street. The intended scope of work for this phase of the project is to develop alternatives, perform an evaluation of each alternative against specified criteria, solicit input from stakeholders and the community, and select a preferred alternative for implementation. DISCUSSION Three engineering firms submitted Statements of Qualifications (SOQ) for City review. A panel comprised of City staff and BNSF staff reviewed and scored the submittals. Each person reviewing and scoring the SOO's rated the same firm as the highest among the submittals. Subsequent discussions between the panel members concluded that this clear consensus negated the need for interviews as interview scores were unlikely to change the ranking order. David Evans and Associates, Inc. (DEA) was the highest rated firm. DEA attended a scoping meeting with the City and has provided a draft scope of work (attached). Below is the scoring matrix with the results of the SOO review: Total Score David Evans and Associates, Inc. 285 points H.W. Lochner 272 points TranTech Engineering 266 points FINANCIAL IMPACT Once the scope of work is finalized, a fee will be negotiated and the contract will be presented to a future COW for approval. OTHER The City is also conducting an Allentown survey that is assessing a wide range of quality of life issues, including crime, neighborhood infrastructure (sidewalks, street lights, etc.), traffic, animals and safety. City staff has completed its initial canvass of the neighborhood and is preparing a second visit to outstanding homes. The survey will be completed in December and staff will present the findings to the City Council early next year. The survey will be used to lay the groundwork for a future Allentown Community Assessment Study. RECOMMENDATION Discuss the consultant selection of David Evans and Associates, Inc. to provide preliminary engineering services for the BNSF Intermodal Facility Access Project. Attachment: Draft Scope of Work W: \PW Eng \PROJECTS\A- RW & RS Projects \BNSF Intermodal Facility Access (99510409) \RFQ \Into Memo BNSF IAP Consult Select RT gl BM -BG mod.docx 75 76 City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and David Evans and Associates Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform professional engineering services in connection with the project titled BNSF Intermodal Facility Access. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2016, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2016 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $299,999 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 77 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1 -2013 i Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. 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. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 "W 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 MN Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: David Evans and Associates, Inc. 415 -118th Avenue SE Bellevue, WA 98005 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of CITY OF TUKWILA Mayor, Jim Haggerton Attest /Authenticated: City Clerk, Christy O'Flaherty CA revised : 1 -2013 2015. CONSULTANT By: Printed Name /Title: Manuel Feliberti, Associate Approved as to Form: Office of the City Attorney Page 5 F- M. EXHIBIT A CITY OF TUKWILA BNSF INTERMODAL FACILITY ACCESS Scope of Services Prepared by: David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 February 17, 2015 FiR TABLE OF CONTENTS TASK 1.0 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES .... ..............................1 1.1 Project Description ............................................................................................................................................ ..............................1 1.2 Design Criteria ..................................................................................................................................................... ..............................1 1.3 Project Deliverables Furnished by the CONSULTANT ....................................................................... ..............................1 1.4 Responsibilities and Services Provided by the CLIENT ..................................................................... ..............................1 1.5 Project Assumptions .......................................................................................................................................... ..............................2 TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL ............................... ............................... 2 2.1 Project Management .......................................................................................................................................... ..............................2 2.2 SUBCONSULTANT Coordination ............:..................................................................................................... ..............................2 2.3 Develop Project Schedule ................................................................................................................................ ..............................2 2.4 Monthly Invoices /Progress Reports .......................................................................................................... ..............................3 2.5 Project Kick -off Meeting and Progress Meetings .................................................................................. ..............................3 2.6 Quality Control /Quality Assurance Review ............................................................................................ ..............................3 2.7 Change Management ......................................................................................................................................... ..............................3 TASK3.0 SURVEY .................................................................................................................. ............................... 4 3.1 Field Review .......................................................................................................................................................... ..............................4 3.2 Data Collection ..................................................................................................................................................... ..............................4 3.3 Utilities As -Built Research .............................................................................................................................. ..............................4 3.4 Base Map Preparation ...................................................................................................................................... ..............................4 TASK 4.0 ALTERNATIVES ANALYSIS (CONCEPTUAL DESIGN) .............................. ............................... 4 4.1 Project Site Visits (2 Total) ............................................................................................................................. ..............................4 4.2 Alternative Conceptual Design ..................................................................................................................... ..............................4 4.3 Conceptual Cost Estimates ............................................................................................................................. ..............................5 4.4 Preferred Alternative Selection .................................................................................................................... ..............................5 4.5 Alternative Analysis Report ........................................................................................................................... ..............................6 TASK 5.0 ENVIRONMENTAL RESEARCH ....................................................................... ............................... 6 5.1 Existing Conditions Memorandum ............................................................................................................. ..................:...........6 5.2 Cultural Resources Alternative Analysis .................................................................................................. ..............................6 5.3 Cultural Resources Technical Memorandum ......................................................................................... ..............................7 5.4 Hazardous Materials Review ......................................................................................................................... ..............................8 5.5 Geology and Soils Review ......................:......................................................................................................... ..............................9 5.6 Existing Hydraulic Review ............................................................................................................................ .............................10 TASK 6.0 STAKEHOLDERS CONCURRENCE .................................................................. .............................10 6.1 Railroad Coordination .................................................................................................................................... .............................10 6.2 Community Involvement ............................................................................................................................... .............................10 TASK 7.0 PRELIMINARY DESIGN OF PREFERRED ALTERNATIVE (IF REQUESTED) ..................12 S: ITRANSIDEAX00301mIATukwilalBNSF AccesslTukwila - BNSF Intermodal Access Scope_2015- 0217.docx City of Tukwila i Scope of Services BNSF Intermodal Facility Access February 17, 2015 0 TASK 1.0 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1.1 Project Description The City of Tukwila (CLIENT) is requesting professional services from David Evans and Associates, Inc. (CONSULTANT) for an alternative study, conceptual designs and cost estimates, and selection of a preferred alternative for the access to BNSF Intermodal Facility (also known as South Seattle Yard) in the Allentown community of Tukwila. The major features of the project include: • Conceptual Design • Conceptual Cost Estimate for each Alternative • Environmental Desktop Research • Public Outreach • Railroad Coordination • Council Presentation • Preferred Alternative Selection 1.2 Design Criteria The conceptual design will be based on the requirements of the City of Tukwila Infrastructure Design and Construction Standards and AASHTO's "Green Book." 1.3 Project Deliverables Furnished by the CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. The CLIENT review sets will be returned with each subsequent revision, illustrating that each review comment has been addressed as stated, or how /why it was not addressed. The CONSULTANT shall deliver the following documents and products to the CLIENT as part of this agreement: • Project Schedule and Monthly Updates. • Electronic copy of the existing base map, GIS parcel lines, and data points in AutoCAD. • Roll plot exhibits of alternatives (hard copy roll plot and electronic PDF file). • Preliminary Conceptual Plans (11 "x17" and electronic PDF file). • Screening Matrix. • Preferred Alternative Selection. • Alternative Technical Memorandum. • Cultural Resources Technical Memorandum. • Hazardous Material Memorandum. • Geology and Soils Memorandum. • Arrangements and Presentations for Community Meetings. • Arrangements and Presentations for City Council Briefings. • Arrangements and Meeting with Local Business Owners. • Summary of Stakeholder Interviews. 1.4 Responsibilities and Services Provided by the CLIENT The CLIENT will: • Provide all available existing as -built plans, right -of -way plans, horizontal and vertical monument information, GIS maps, and other mapping information as available to the CONSULTANT. S .ITRANSV)EAX0030VnIATukw#aIBNSF AccessITukwita - BNSF Intermodal Access Scope 2015- 0217.docx City of Tukwila 1 Scope of Services BNSF Intermodal Facility Access February 17, 2015 L.* 'R • Review all submittals made to the CLIENT within 15 working days, or as agreed, and return them to the CONSULTANT with consolidated written comments regarding changes or revisions needed. • Provide an electronic copy of the aerial photograph to reference into CAD drawings. • Provide a hydraulic model of the Duwamish River. 1.5 Project Assumptions • All drawings will be prepared in AutoCAD 2012 format, utilizing the CONSULTANT's CADD standards, and drawn at one inch equals forty feet for 11" x 17" plans. Only 11 "x17" plans will be developed for this Scope of Services. • Up to five (5) alternatives will be evaluated. • The project duration is assumed to be nine (9) months. TASK 2.0 PROJECT MANAGEMENT AND QUALITY CONTROL 2.1 Project Management Direction of the CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly progress reports that include the status of individual work elements, number of meetings attended, outstanding information required, and work items planned for the following month. Monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions may include formal requests for increases, modifications, or reductions in scope and /or budget. The CONSULTANT will use an earned value spreadsheet to monitor and track project expenditures by task. The earned value spreadsheet shall be submitted with each invoice and progress report. Drawings and documents received and generated over the course of the project require review, coordination, and file management. The status of requested information will also be maintained. 2.2 SUBCONSULTANT Coordination Direction of the SUBCONSULTANT and review of their work over the course of the project shall be provided by the CONSULTANT. Monthly monitoring of the SUBCONSULTANT's design budget will occur over the course of the project. Current status, as well as projections, will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for increases, modifications, or reductions in scope and /or budget. The following subconsultants are anticipated to be used on this PROJECT: • GeoEngineers— Hazardous Materials and Geology and Soils Review • Historical Research Associates (HRA) — Cultural /Historical Review • Envirolssues —Community Involvement • Abeyta & Associates — Right -of -Way Costs 2.3 Develop Project Schedule The CONSULTANT and the CLIENT will jointly develop an overall project schedule showing all major and supportive activities. The schedule shall be prepared to reflect a 9 -month Alternative Analysis completion of the project. The schedule shall be arranged to meet key target dates. The CONSULTANT shall update the schedule monthly to reflect the current status of the project. S: ITRANSIDEAX00301mIATukwilalBNSF AccesslTukwila - BNSF Intermodal Access Scope 2015- 0217.docx City of Tukwila 2 Scope of Services BNSF Intermodal Facility Access February 17, 2015 :• Deliverables: Project Schedule and Monthly Updates. 2.4 Monthly Invoices /Progress Reports Monthly invoices will be prepared by the CONSULTANT per CLIENT requirements for work activities for the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back -up material for all expenses and will show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (10 total). 2.5 Project Kick -off Meeting and Progress Meetings After receiving notice to proceed from the CLIENT, the CONSULTANT will conduct a project team kick -off meeting with staff expected to be involved in the project and key CLIENT staff. The meeting will be used to discuss key elements of the Scope of Work, the project schedule, document control, and QA /QC procedures; and to clearly define the roles and responsibilities of the project team members. This work element provides for the preparation, attendance, follow -up, and documentation of meetings during the length of the project. These meetings will be the forums for agencies to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. The CONSULTANT shall prepare for, attend, and document up to nine (9) meetings with CLIENT staff. Meetings will be required for coordination with the CLIENT and other affected agencies. The CONSULTANT will attend one meeting every month with the CLIENT's project manager for the duration of the project. The meetings will be held in a location acceptable to the CLIENT and the CONSULTANT. Deliverables: Meeting Minutes (10 total). 2.6 Quality Control /Quality Assurance Review This work element is for the QA /QC review of CONSULTANT deliverables by a designated QA /QC staff member of the CONSULTANT team. The review will cover documents, reports, PS &Es, and pertinent information on an on -going basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format, and assures that the overall project objectives are being fulfilled. 2.7 Change Management Project Managers from the CLIENT and the CONSULTANT are responsible for managing changes to the scope and schedule. The CLIENT is responsible for the authorization of any changes to the scope, budget, and /or schedule. Team members must ensure that work within their areas remains within the defined project scope, schedule, and budget. When issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, team members must communicate potential changes to the Project Manager as early as possible. Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. The CONSULTANT shall obtain written authorization from the CLIENT before implementing any change to this Scope of Services, schedule, or budget. All changes shall be documented using the Project Change Form. S: ITRANSV)EAX0030VnIATukwilalBNSF AccesslTukwila - BNSF Intennodal Access Scope 2015- 0217.docx City of Tukwila 3 Scope of Services BNSF Intermodal Facility Access February 17, 2015 L.*YA TASK 3.0 SURVEY 3.1 Field Review The CONSULTANT and project team will conduct a field review at the outset of the project to identify key field conditions that may impact the conceptual design including the location and /or presence of driveways and roadways, trees, mail boxes, ADA compliance, utilities (underground and overhead), potential intersection site distance and clear zone issues, and drainage issues. 3.2 Data Collection The CONSULTANT shall research CLIENT records to recover the monumentation controlling the site. The CONSULTANT will use Tukwila provided GIS information for existing roadway and right -of -way information. 3.3 Utilities As -Built Research The CONSULTANT shall perform a desktop only research on existing utility information from the CLIENT and respective utility agencies for inclusion in the mapping. Field locates is not included. 3.4 Base Map Preparation The CONSULTANT shall prepare the existing base mapping. The CONSULTANT shall use Tukwila's GIS data as the basis for the base mapping, including GIS parcels lines. The CONSULTANT shall create an existing digital terrain model (DTM) using Tukwila's GIS 2 -foot contours. The CONSULTANT shall preform a topographic survey only in the areas adjacent to the Duwamish River where the 48th Avenue S and Gateway Drive — North Leg alternatives cross the river. This topographic data will be incorporated into the existing base map and DTM. The mapping shall be plotted at a scale of one inch equals forty feet (1 " =40'). Deliverables: Electronic copy of the existing base map, GIS parcel lines, and data points in AutoCAD. TASK 4.0 ALTERNATIVES ANALYSIS (CONCEPTUAL DESIGN) 4.1 Project Site Visits (2 Total) The CONSULTANT shall conduct two (2) site visits during the Alternatives Analysis to become familiar with the site. CLIENT staff shall be present at the site visits, if requested. 4.2 Alternative Conceptual Design The CONSULTANT shall develop the conceptual design for up to five (5) alternatives. The conceptual design will include horizontal and vertical alignments, one typical roadway section, and roadway channelization for each alternative. The CONSULTANT shall include the existing alignment or "Do- Nothing" option. It is assumed that refinements to the alternative will not be performed. The five (5) alternatives will be based upon previous alternative studies performed by the City. These alternatives are as follow: • S 124th Street • Gateway Drive — North Leg • 48th Avenue S S: ITRANSIDEAX00301mlATukwilalBNSF AccesslTukwila - BNSF Intermodal Access Scope 2015- 0217.docx City of Tukwila 4 Scope of Services BNSF Intermodal Facility Access February 17, 2015 • S 112th Street • Airport Way S It is assumed that Gateway Drive — North Leg and 48th Avenue S will include a new bridge over the Duwamish River. Deliverables: Roll plot exhibits of alternatives (hard copy roll plot and electronic PDF file). Preliminary Conceptual Plans (11 "x17" and electronic PDF file). 4.3 Conceptual Cost Estimates The CONSULTANT shall develop a conceptual construction cost estimate for each alternative. As part of the conceptual construction cost estimates, the CONSULTANT shall the following tasks to determine the preliminary right -of -way costs: • Provide a schedule and financial cost estimates for property acquisitions: • Work will include the review of plans. • Site inspections of each parcel (a total maximum of 40 parcels for all 5 options). • Detailed public property research, land use and zoning information for potentially impacted parcels for each option (a total maximum of 40 parcels for all 5 options). • Evaluation of each parcel's zoning requirements (a total maximum of 40 parcels for all 5 options). • Evaluation of the market value and cost multiplier for each land use classification (a maximum of 5 land use classifications). • Identification of acquisition impacts and assessments for each parcel (a total maximum of 40 parcels for all 5 options). • Identification of relocation impacts and assessments for each parcel (a total maximum of 40 parcels for all 5 options). Prepare a report identifying potential property acquisition impacts (including relocation activities) for each option (a total maximum of 40 parcels for all 5 options): • The report at a minimum will include a list of potential property acquisitions /easements and rights of entry, zoning requirements and potential cost. • Prepare a draft conceptual cost estimate (hard copy and electronic PDF file). • Prepare a final conceptual cost estimate (hard copy and electronic PDF file). • Conduct preliminary site visits (Up to 40 parcels). Appraisals of parcels are not included. Deliverables: Potential Property Acquisition Impacts (hard copy and electronic PDF file). Draft Conceptual Cost Estimate (hard copy and electronic PDF file). Final Conceptual Cost Estimate (hard copy and electronic PDF file). 4.4 Preferred Alternative Selection The CONSULTANT shall prepare a screening matrix for the selection of the preferred alternative. The screening matrix shall be developed by the CONSULTANT based on criteria developed by the CITY, BNSF, and the CONSULTANT. Deliverables: Draft Screening Matrix. Final Screening Matrix. Preferred Alternative Selection. S: ITRANSIDEAX00301m1ATukwilalBNSF AccesslTukwila - BNSF Intermodal Access Scope 2015- 0217.docx City of Tukwila 5 Scope of Services BNSF Intermodal Facility Access February 17, 2015 :• 4.5 Alternative Analysis Report In supporting the SEPA process, an Alternatives Analysis Report shall be prepared for this project by the CONSULTANT and shall include developing alternatives for roadway alignment and typical roadway sections with support information from the Environmental Research task. The Alternative Analysis Report shall include the following elements: • Cover. • Executive Summary. • Introduction. • Project Background. • A summary of the design criteria to be used for the proposed improvements. • An evaluation of up to five (5) alternatives and the Do- Nothing scenario for roadway alignment and typical roadway sections to be screened. • A summary of the desktop research performed for critical areas, cultural /historical, hazardous materials, geology and soils, and hydraulic that could potentially impact each alternative. • Conceptual cost estimates for each proposed alternative including construction and right -of -way acquisitions costs. • Identification of project limits and types of right -of -way acquisitions needed for each alternative. • Conceptual plan sheets and typical roadway sections for each alternative. Deliverables: Draft Alternative Technical Memorandum. Final Alternative Technical Memorandum. TASK 5.0 ENVIRONMENTAL RESEARCH 5.1 Existing Conditions Memorandum The CONSULTANT shall prepare an Existing Conditions Memorandum to identify key discriminators and environmental constraints for the top design alternatives. A desktop review will be conducted to review critical areas maps and GIS data from the City, County, and various state agencies. A site visit will be performed to identify potential missing information from the desktop review. The Existing Conditions Memorandum shall identify potential environmental constraints within the project area, possible mitigation strategies, and permitting implications associated with the top design alternatives. One site visit will be performed to review all of the alternatives. Deliverables: Draft Existing Conditions Memorandum (3 copies and.electronic PDF). 5.2 Cultural Resources Alternative Analysis The CONSULTANT shall analyze the potential impacts of five alternatives on previously recorded cultural resources (archaeological sites; eligible or listed historic register properties; and buildings, structures, and objects [BSOs] 35 years old or older that may be eligible for listing in the National Register of Historic Places [NRHP], Washington Heritage Register [WHR], or King County Landmarks Register [Tukwila has an interlocal agreement for historic preservation with King County). (Note: HRA proposed to evaluate buildings, structures, and objects 35 years old or older to account for King County Landmark's 40 -year age criteria minus 5 years to account for the potential length of the project.) Additionally, the CONSULTANT shall analyze the archaeological sensitivity of each of the alternatives in order to establish the likelihood of these alternatives encountering cultural resources during S: ITRANSIDEAX00301mlATukwilalBNSF AccesslTukwila - BNSF Intermodal Access Scope_2015- 0217.docx City of Tukwila 6 Scope of Services BNSF Intermodal Facility Access February 17, 2015 M construction. The report will make recommendations regarding cultural resource studies that should take place, including suggested methods of inquiry, prior to the selection and design of a final alignment. 5.2.1 Background Research Background research will be performed to inform recommendations regarding the need for future cultural resources studies (e.g., recommended methods of inquiry) and the potential for encountering archaeological resources of varying time periods and historic - period architectural resources (35 years old or older) along each of the proposed alternative alignments. Geoarchaeology The CONSULTANT shall review available and pertinent geologic datasets in the vicinity and within the project alternatives in order to evaluate the Project's potential for encountering sediments that could contain archaeological resources. These datasets are anticipated to include nearby geotechnical bore logs, geologic maps, and soil survey data, among other sources of information. This subtask will also include identification of areas that have been subject to previous disturbance as a result of development activities and areas where deep fill exists. The depth of the documented disturbance and fill will be documented where possible. This information will be used to inform recommendations and the likelihood of encountering buried cultural materials along each of the proposed alternatives. Archaeology The CONSULTANT shall perform background research using the Washington Information System for Archaeological and Architectural Resources Data ( WISAARD), .ethnographic sources, available historic maps, and other sources in the Seattle Office library and local repositories that may have bearing on the potential for archaeological resources to be located within each of the proposed alternative alignments. Locations of previous archaeological surveys (and the methods employed), archaeological sites, ethnographic sites, cemeteries, and historic - period features will be important for further evaluating the proposed alternatives and refining recommendations for cultural resources investigation. Buildings, Structures, and Objects The CONSULTANT shall perform background research using WISAARD and the King County assessor's website to identify BSOs that are 40 years old or older within or immediately adjacent to each of the proposed alternatives. The NRHP status of previously recorded buildings will be recorded, and recommendations will be made regarding the alternative that is least likely to impact historic BSOs. 5.3 Cultural Resources Technical Memorandum The CONSULTANT shall prepare a Cultural Resources Technical Memorandum summarizing the results of the archival research, and presenting recommendations for further cultural resources inquiry. This memorandum will reflect professional standards for format and content as expressed in the guidelines prepared by the Washington State Department of Archeology and Historic Preservation (DAHP). The memorandum may include: • A summary of the results of the background literature and records research. • A summary of geologic conditions and landscape modification. • A description of cultural resources and archaeological surveys /projects located along each of the proposed alternatives. • A summary discussion of the archaeological sensitivity of and potential for each of the proposed alignments to encounter archaeological resources or have an effect on a traditional cultural property. S: ITRANSIDEAX00301mIATukwilalBNSF Accesffukwila - BNSF Intermodal Access Scope 2015- 0217.docx City of Tukwila 7 Scope of Services BNSF Intermodal Facility Access February 17, 2015 91 • A summary discussion of the presence of aboveground historic resources that are either eligible for or listed in the federal, state, or local registers or that need evaluation due to their age and recommendations about which alignment might have more of an impact on known or potentially historic buildings and structures. Recommendations regarding future actions for addressing concerns along each of the proposed alternatives. • References cited. The report will include such tables, maps, photographs, and other graphics as are needed to depict the scope of the study and results. If revisions to the Draft Cultural Resources Technical Memorandum are required, additional budget will be negotiated. Deliverables: Draft Cultural Resources Technical Memorandum (3 hard copies and electronic PDF). 5.4 Hazardous Materials Review The CONSULTANT shall prepare a Hazardous Materials Memorandum for the project. By identifying and assessing the potential for encountering environmental contaminants in soil and water during the alternative evaluation, the memorandum shall contribute to the overall evaluation of hazardous materials on construction activities, human health, and the environment. The memorandum shall also provide information needed to determine whether additional hazardous material investigations (such as initial site assessments or preliminary site investigations) should be conducted. Site Screening Review /Regulatory Database Study The CONSULTANT shall review the results of a federal, state, local, and tribal environmental database search (Environmental Database Resources [EDR] Report) for listings of sites with known or suspected environmental conditions on or near each alternative site within the search distances specified by ASTM International (ASTM) Standard E 1527 -05. Field Reconnaissance /Windshield Survey The CONSULTANT shall conduct a drive -by reconnaissance of the project boundary at each alternative site. The windshield survey will focus on sites with known or suspected environmental concerns that could potentially affect acquisition or construction decisions. All properties being considered for right - of -way (ROW) acquisition will be included in this effort as applicable. The windshield survey will be limited to features readily observed from public access corridors and we will not be entering or viewing conditions within buildings. Information regarding the sites will be recorded in field notes and photographs. File Review /Aerial Photograph Review /Data Validation The overall project footprint for each alternative site will include properties, as identified in field reconnaissance, both within and outside of the proposed ROW that may have a potential to affect acquisition decisions and construction activities due to the possible or known presence of contaminants. Suspect properties will be identified during the field reconnaissance and this task activity. Pertinent files for these suspect sites will be reviewed to identify the nature and extent of any known contamination, completed remedial activities, and the effect these sites may have on environmental conditions within the project corridor. This task will be accomplished by performing the following activities: Review of publicly available records from the Washington State Department of Ecology (Ecology) via regular mail or electronic mail. Review of available aerial photographs to evaluate the history of the project site. S: ITRANSIDEAX00301m1ATukwilalBNSF AccesslTukwila - BNSF Intennodal Access Scope 2015- 0217.docz City of Tukwila 8 Scope of Services BNSF Intermodal Facility Access February 17, 2015 92 • Review of available geologic literature and topographic maps to determine surface drainage paths as well as groundwater depth and flow direction below the project footprint. • Review of historical tax assessor records from the King County website. • Screening of the suspect properties based on their location relative to prospective ROW construction areas as well as on additional site - specific environmental data available in regulatory agency files. This screening process will identify conditions that represent the potential to significantly affect the ROW acquisition area, including design, acquisition, or construction. Hazardous Materials Technical Memorandum The CONSULTANT shall prepare a technical memorandum for the linear study. The memorandum will include a summary of the results for each alternative site regarding the potential for contamination by hazardous substances. Each property of concern within each alternative site will be identified in the memorandum. If revisions to the Draft Hazardous Materials Technical Memorandum are required, additional budget will be negotiated to complete this task. Deliverables: Draft Hazardous Materials Technical Memorandum (3 hard copies and electronic PDF). 5.5 Geology and Soils Review The CONSULTANT shall perform the following geotechnical services: • Develop a preliminary understanding of geologic conditions at the five proposed alignments by reviewing information provided, readily available published geologic data, and in -house files. • Conduct a site visit and visual reconnaissance of the five alternatives. • Discuss preliminary findings with the City. • Identify geotechnical conditions along each alignment. The CONSULTANT shall include their preliminary opinion regarding possible design and construction issues related to geology and soil and groundwater conditions based on their findings, reconnaissance, and discussions. Discussion topics may address the following: • Steep slopes • General earthwork planning • Settlement of fills and structures • Foundation bearing support and subgrade preparation • Liquefaction • Ground improvement • Temporary shoring Geology and Soils Technical Memorandum The CONSULTANT shall prepare a technical memorandum presenting a summary of our review, reconnaissance, and preliminary conclusions and recommendations. The memorandum will include a section designated to each alternative. If revisions to the Draft Geology and Soils Technical Memorandum are required, additional budget will be negotiated. S: ITRANSIDEAX003OVnlhTukwi7alBNSF AccesslTukwila - BNSF Infennodal Access Scope 2015- 0217.docx City of Tukwila 9 Scope of Services BNSF Intermodal Facility Access February 17, 2015 93 Deliverables: Draft Geology and Soils Technical Memorandum (3 hard copies and electronic PDF). 5.6 Existing Hydraulic Review The CONSULTANT shall review the existing Duwamish River hydraulic model data and maps in order to determine the 100 -year water surface elevation. Field investigation or hydraulic modeling is not included for this phase of the project. TASK 6.0 STAKEHOLDERS CONCURRENCE 6.1 Railroad Coordination The CONSULTANT shall meet monthly with BNSF railroad to understand BNSF project goals, discuss BNSF concerns, provide project updates, and address BNSF comments. It is assumed up to 4 meetings will be held and will be attended by two consultant staff. Deliverables: Meeting Minutes (4 total). 6.2 Community Involvement Neighborhood Outreach The CONSULTANT will develop and implement a community outreach process to ensure that adjacent or affected neighborhoods are aware of the project, understand the alternatives being considered, are given opportunities to provide feedback about the project, and are informed of project milestones and outcomes. The community engagement process will include: • Public Involvement Plan (PIP): The PIP will include public engagement strategies, activities, materials, target audiences, and other communications products. • Presentations to Neighborhood Councils or Other Targeted Community Groups (up to three): The Allentown and Foster Point neighborhoods would be a primary focus of this effort, given their proximity to the intermodal facility. • Community Open House: Community members will be invited to hear from project leaders about the alternatives under consideration and the factors that will contribute to the eventual choice. The Open House will serve as an opportunity to collect input from the community related to proposed design elements of the project. • Project Fact Sheet: The CONSULTANT will develop a project fact sheet to ensure project information shared with the public is consistent, and easily and readily accessible. • Email Updates to the Community at Appropriate Project Milestones (up to four): The CONSULTANT will provide project information to the community via email so that community members are provided with current, accurate information as the project progresses. These email updates will also be provided to City Council members, community leaders, and business owners interested in or affected by the project. • Project Website and Social Media: The CONSULTANT will work with City staff to post information about the project online on the City's website and associated social media sites (e.g. Facebook, Twitter). Website and social media content will be developed by the CONSULTANT at appropriate project milestones (up to four times). S. ITRANSIDEAX0030VnIATukwilalBNSF AccesslTukwila - BNSF Intermoda/ Access Scope 2015- 0217.docx City of Tukwila 10 Scope of Services BNSF Intermodal Facility Access February 17, 2015 M Assumptions: • The CONSULTANT will coordinate venues and logistics; prepare agendas and /or talking points; distribute notifications; develop materials; and staff, facilitate, and summarize the neighborhood council and /or targeted community group meetings. • The CONSULTANT will coordinate venue and logistics; prepare an agenda; distribute the notification; develop materials; and staff, facilitate, and summarize the Community Open House. The CLIENT will notify the appropriate City staff of the meeting and request their presence. • The CLIENT will distribute email updates to the community using content and a distribution list provided by the CONSULTANT. • The CLIENT will host, maintain, and update content on the project website. • The CLIENT will maintain and update project social media sites, post content, and connect with social media of other departments, initiatives, and other stakeholders. • The CONSULTANT will coordinate and pay for printing of all project - related materials, including but not limited to, fact sheets, display boards, and flyers. Deliverables: One (1) Public Involvement Plan (initial draft, final draft, and up to three updates as needed). Meeting notifications and summaries for up to three (3) community /neighborhood presentations. Meeting notification, meeting materials, and summary for one (1) Community Open House. One (1) PowerPoint or similar presentation tool for community meetings and open house (one final, and up to four updates as needed). One (1) project fact sheet (one final, and up to two updates as needed). One (1) email distribution list (to be maintained and updated over the life of the project).. Up to four (4) email updates to community members and key stakeholders. Up to four (4) proposed website and social media updates. Elected Officials Outreach The CLIENT and CONSULTANT shall engage elected, local government agency and identified community leaders in the alternative project areas, keeping them apprised of progress, and shall solicit feedback on the priorities for their particular agencies or for the community. The engagement process will include: Individual or small group meetings (up to eight (8)): Project leaders will meet with City Council members or identified community leaders either individually or in a small, informal group setting to hear in greater detail the needs, concerns, and priorities for their particular communities, and determine which components will be crucial in gaining their approval of the eventual selected alternative. PowerPoint presentations for City Council (up to three (3)): Briefings to the Tukwila City Council will be provided by the CLIENT at appropriate project milestones, keeping them apprised of community feedback received. The CONSULTANT will develop PowerPoint presentations describing key project milestones and current project status in preparation for up to three City Council briefings. Deliverables: Summaries for up to eight (8) individual or small group meetings. One (1) PowerPoint or similar presentation tool for up to three (3) City Council briefings (one final, and up to three updates as needed). S: ITRANSV)EAX0030VnIATukwilalBNSF AccesslTukwila - BNSF Intermodal Access Scope 2015- 0217.docx City of Tukwila 11 Scope of Services BNSF Intermodal Facility Access February 17, 2015 95 Business Outreach The CONSULTANT, with support from the CLIENT, shall engage business owners from the Gateway Business Park and other adjacent businesses near the project area to keep them apprised of progress, and to solicit feedback on how the proposed alternatives would affect their business operations. The engagement process will include: Individual or small group meetings and /or stakeholder interviews conducted via phone (up to twelve (12)): Project leaders will meet with business owners or operators either in person or via phone to hear in greater detail the needs, concerns, and priorities for their particular communities, and to determine which components will be crucial in gaining their approval of the eventual selected alternative. Provide ongoing updates via email: As noted under the first item, email updates will be provided at appropriate project milestones (up to four (4)). Assumptions: • The CONSULTANT will schedule, coordinate logistics, prepare agendas and /or talking points, develop materials, staff, facilitate, and summarize individual or small group meetings and /or stakeholder interviews. Deliverables: Develop list of questions for business owners regarding business operations and concerns related to the BNSF Intermodal Facility. Arrange logistics for staff meetings and /or phone interviews (number to be determined). Summaries for up to twelve (12) small group meetings and /or stakeholder interviews. TASK 7.0 PRELIMINARY DESIGN OF PREFERRED ALTERNATIVE (IF REQUESTED) City of Tukwila BNSF Intermodal Facility Access M. S: ITRANSIDEAX0030VnIATukwila1BNSF AccesslTukwila - BNSF Intermodal Access Scope 2015- 0217.docx 12 Scope of Services February 17, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 City of Tukwila BNSF Intermodal Facility Access David Evans and Associates, Inc. Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 181,719 Direct Expenses No. Negotiated Each Classification Hrs. x Rate = Cost Principal In Charge (PICH) 5 $ 254.29 $1,271 Project Manager (MGPE) 357 $ 192.60 $68,759 QA/QC Manager (MGPE) 54 $ 192.60 $10,400 Rail Engineer IV (RAL4) 40 $ 234.04 $9,362 Railroad Engineer (SPJM) 20 $ 195.61 $3,912 Professional Engineer (PFEN) 278 $ 136.93 $38,066 Sr. CADD Technician (SCAD) 104 $ 112.85 $11,737 CADD Technician (CADD) 8 $ 81.25 $650 Sr. Bridge Engineer 50 $ 165.52 $8,276 Sr. Scientist (SSCI) 92 $ 124.29 $11,435 Water Resources Engineer (WREN) 9 $ 140.54 $1,265 Senior Graphic Specialist (SGRP) 28 $ 102.32 $2,865 Survey Manager (SVYM) 2 $ 183.57 $367 Professional Land Surveyor (PLSU) 11 $ 109.84 $1,208 Survey Technician (SVTE) 28 $ 90.28 $2,528 Party Chief (PCHF) 16 $ 105.33 $1,685 Instructment Person (INST) 16 $ 66.21 $1,059 Administrative Assistant (ADMA) 63 $ 86.97 $5,479 Project Administrator (PADM) 14 $ 99.61 $1,395 Direct Expenses Sub -Total (including Total Hrs. 1195 $ Salary Cost $ 181,719 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 181,719 Direct Expenses No. Unit Each Cost Reproduction Costs Reports 5 reports @ $15 /report $ 75.00 Mail /Deliveries /Fed Ex 12 @ $35 $ 420.00 Mileage 930 miles @ $0.575 /mile $ 534.75 Subtotal $ 1,030 David Evans and Associates Total $ 182,749 Subconsultants Hrs Total Abeyta Associates 121 $ 14,455 Envirolssues 443 $ 51,311 GeoEngineers 275 $ 35,606 Historical Research Associates 172 $ 15,878 1,011 Subconsultant Total $ 117,249 Direct Expenses Sub -Total (including Subconsultants) $ 118,279 Total Costs $ 299,999 Page 1 of 12 S:\ TRANS \DEAX0030 \mlf\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xls Printed: 2/17/2015, 4:36 PM 97 9:1 City of Tukwila BNSF Intermodal Facility Access David Evans and Associates, Inc. z a a s s B 9 0 2 3 4 5 6 8 9 Work Element Work Element Principal In Charge (PICH) Project Manager (MGPE) QA/QC Manager (MGPE) Rail Engineer IV (RAL4) Railroad Engineer (SPJM) Professional Engineer (PFEN) Sr. CADD Technician (SCAD) CADD Technician (CADD) Sr. Bridge Engineer Sr. Scientist (SSCI) Water Resources Engineer (WREN) Senior Graphic Specialist (SGRP) Survey Manager (SVYM) Professional Land Surveyor (PLSU) Survey Technician (SVTE) Party Chief (PCHF) Instructment Person (INST) Administrative Assistant (ADMA) Project Administrator (PADM) ' DEA DEA Total $ TO hrs Tota! n s Tots! h Tots! hrs Total: hrs TO hrs TO hrs TO hrs TO hrs TO hrs TO hrs TO hrs Total; hrs Total hrs Tt tai # rs Total hes Total hrs Total hrs Tots! hrs tTotal hrs 2.0 Project Management and Quality Control 2.1 Project Management (2 hrs /week for 10 mo) 3 120 8 4 '135 X24.969 22 Subconsultant Coordination 40 - 40 57,704 2.3 Develop Project Schedule 24 24 25 54,622 2.4 Monthly Invoices /Progress Reports (10 Total) 10 5 10 2.5 Project Kick -off Meeting and Progress Meetings (up to 10) 22 10 32 55,107 2.6 Quality Control /Quality Assurance Review 2 40 42 X8,213 2.7 Change Management 8 6 51,541 Wak Element 2.0 To 5 224 40 23? 14 306 $68,613 3.0 Survey 3,1 Field Review 2 2 2 6 51,026 3.2 Data Collection 2 4 16 16 38 10 27 53 325 3.3 Utilities As -Built Research 2 8 51.153 3.4 Base Map Preparation 2 1 24 52,550 Wak Element 3.0 To E 2 6 2 i 11 28 16 i 16 81 $8,055 4.0 Alternative Analysis (Conceptual Design) 4,1 Project Site Visits (2 total) 4 3 8 2 11 X2,784 4.2 Alternative Conceptual Design 8 8 40 5 140 100 8 42 4 355 552,040 4.3 Conceptual Cost Estimates 4,3.1 Draft Conceptual Cost Estimate 2 2 40 4 1 49 56.997 4.3.2 Final Conceptual Cost Estimate 1 2 20 2 1 26 ?,3,734 4,4 Preferred Alternative Selection 4.4.1 Draft Screening Matrix 4 4 8 ': 16 ! 3 52,312 4.4.2 Final Screening Matrix 1 1 1 X404 45 Alternative Analysis Report (Draft and Final) 4.5.1 Draft Alternative Technical Memo 8 1 40 4 8 61 25 58,316 45,2 Final Alternative Technical Memo 2 1 16 2 4 53.321 Work Element 4,0 Totat: 30 14 40 8 268 100 8 50 9; 4 6 15 852 $79,905 Page 2 of 12 S: \TRANS \DEAx0030MIfTUkwila \BNSF Access \Tukwila - BNSF Intermodel Access Budget Estimate_2015-0217.XIs Printed: 2/17/2015, 4:36 PM 0 0 David Evans and Associates, Inc. z a a s a B 9 0 2 3 4 5 6 8 9 Work Element Work Element Principal In Charge (PICH) Project Manager (MGPE) QA/QC Manager (MGPE) Rail Engineer IV (RAL4) Railroad Engineer (SPJM) Professional Engineer (PFEN) Sr. CADD Technician (SCAD) CADD Technician (CADD) Sr. Bridge Engineer Sr. Scientist (SSCI) Water Resources Engineer (WREN) Senior Graphic Specialist (SGRP) Survey Manager (SVYM) Professional Land Surveyor (PLSU) Survey Technician (SVTE) Party Chief (PCHF) Instructment Person (INST) Administrative Assistant (ADMA) Project Administrator (PADM) ' DEA ! DEA To To Total Total Total To To To To To To To To To Total Total Total Total Total hr5 Total hT$ To 5.0 Environmental Research 5.1 Existing Conditions Memorandum (Draft) 2 80 6 8 i 96 511,638 5.2 Cultural Resources Alternative Analysis 5.3 Cultural Resources Technical Memo Draft Cultural Resources Tech Memo 2 1 ':_.3__... 5509 Final Cultural Resources Tech Memo Will be negotiated as a supplement to the contract if requested 5.4 Hazardous Materials Review Draft Hazardous Materials Memo 2 1 3 5509 Final Hazardous Materials Memo Will be negotiated as a supplement to the contract if requested 5.5 Geology and Soils Review Draft Geology and Soils Memo 2 1 i 3 3509 Final Geology and Soils Memo Will be negotiated as a supplement to the contract if requested 5.6 Existing Hydraulic Review 1 5 Work Etement 5.0 Totat ; 9 83 5 6 $ 111 $14062 6.0 Stakeholders Concurrence 6.1 Railroad Coordination Meetings (4 Total) 12 12 9 ': 33 55,441 6.2 Community Involvement Neighborhood Outreach Public Involvement Plan (PIP) 2 2 16 3355 Community Presentations (up to 3) 8 4 4 ?2.540 Community Open House 4 4 5770 PowerPoint for Community Mtgs &Open House 4 i 4 3770 Project Fact Sheet 1 1 5193 Email Distribution List Email Updates for Community Members (up to 4) 2 Website Content and Social Media Updates (up to 4) 2 16 18 52.022 Elected Officials Outreach Individual /Small Group Briefings (up to 8) 20 20 City Council Briefings (up to 3) 20 PowerPoint for City Council Briefings (up to 3) 12 8 -: `;,007 Business Outreach List of Questions for Business Owners 1 1 24 3193 Small Group Meetings and /or Stakeholder InterviewsMeetings (up to 12) 24 54.622 Wark Element 6.OTOtat '; 92 12 4 4 76 17i 145 $24,1 &1' 7.0 Preliminary Design of Preferred Alternative (if requested) ork Etement 7,0 Total EXPENSES 51.0,0 PROJECT WORK ELEMENTS TOTALS 5 357 54 40 20 278 104 8 50 92 9 28 2 11 28 16 16 63 14 1195 $182,749 Page 3 of 12 S: \TRANS \DEAX0030MIfTukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.XIs Printed: 2/17/2015, 4:36 PM 102 City of Tukwila BNSF Intermodal Facility Access Abevta Associates Total Hrs. 121 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Direct Expenses Reproduction Costs Copies Reports Plans Appraisal Consultant Mail /Deliveries /Fed Ex Mileage Subtotal Abeyta Associates Total No. Unit Negotiated Classification Hrs. x Rate = Cost 1 SR/WA 84 $ 125.35 $10,529 2 ROW Technician 22 $ 114.45 $2,518 3 Admin 15 $ 81.75 $1.226 Total Hrs. 121 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Direct Expenses Reproduction Costs Copies Reports Plans Appraisal Consultant Mail /Deliveries /Fed Ex Mileage Subtotal Abeyta Associates Total No. Unit Each Cost 55 pages @ $0.15 /page $ 8.25 4 reports @ $10 /report $ 40.00 0 sets @ /set $ - 0 @ $5,500 $ - 15 @ $0.48 $ 7.20 218 miles @ $0.575 /mile $ 125.35 Page 4 of 12 S: \TRANS \DEAX0030 \mlflTukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xis $ 14,274 $0 $ 14,274 $ 181 $ 14,455 Printed: 2/17/2015, 4:36 PM 103 City of Tukwila BNSF Intermodal Facility Access Abeyta Associates 1 2 3 Work Element # Work Element u) ROW Technician E Q Abeyta Abeyta Total $ Total hrs Total hrs Total hrs Total hrs 4.0 Alternative Analysis (Conceptual Design) 4.1 Project Site Visits (2 total) 4.2 Alternative Conceptual Design 4.3 Conceptual Cost Estimates 4.3.1 Draft Conceptual Cost Estimate 60 22 10 ; 92 510.856 4.3.2 Final Conceptual Cost Estimate 24 5 29 $3.417 Work Element 4.0 Total 84 22 5 121 $14,274' EXPENSES $181 PROJECT WORK ELEMENTS TOTALS 84 22 15 121 $14,455 Page 5 of 12 S:\ TRANS \DEAX0030 \mlf\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xls Printed: 2/17/2015, 4:36 PM City of Tukwila BNSF Intermodal Facility Access Envirolssues Total Hrs. 443 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Direct Expenses Reproduction Costs Copies Reports Plans Parking Mail /Deliveries /Fed Ex Mileage Subtotal Envirolssues Total No. Unit Negotiated Classification Hrs. x Rate = Cost 1 Project Coordinator 124 $ 67.33 $8,350 2 Associate 11 221 $ 122.96 $27,174 3 Senior Associate (Charla) 72 $ 172.73 $12,436 4 Graphics 26 $ 73.19 $1,903 Total Hrs. 443 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Direct Expenses Reproduction Costs Copies Reports Plans Parking Mail /Deliveries /Fed Ex Mileage Subtotal Envirolssues Total No. Unit Each Cost 1000 pages @ $0.89 /page $ 890.00 0 reports @ /report $ - 0 sets @ $100 /set $ - 10 @ $5 $ 50.00 0 @ $ - 884 miles @ $0.575 /mile $ 508.30 Page 6 of 12 S: \TRANS \DEAX0030\mlf\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xis $ 49,863 $0 $ 49,863 $ 1,448 $ 61,311 Printed: 2/17/2015, 4:36 PM M9 City of Tukwila BNSF Intermodal Facility Access Envirolssues 1 2 3 4 Work Element # Work Element Project Coordinator Associate II Senior Associate (Charla) Graphics ENV + ENV Total hrs Total hrs Total hrs Total hrs Total hrs Total $ 2.0 Project Management and Quality Control 2.1 Project Management (2 hrs /week for 10 mo) 2.2 Subconsultant Coordination 2.3 Develop Project Schedule 2.4 Monthly Invoices /Progress Reports (10 Total) 5 5 10 ! $1,478 2.5 Project Kick -off Meeting and Progress Meetings (up to 10) 32 8 40 $5,317 2.6 Quality Control /Quality Assurance Review 2.7 Change Management Work Element 2.0 Total 37 13 50 $6,795' Page 7 of 12 S:\ TRANS \DEAX0030 \mlf\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xls Printed: 2/17/2015, 4:36 PM Envirolssues 1 2 3 4 Work Element # Work Element Project Coordinator Associate II Senior Associate (Charla) Graphics ENV + ENV Total hrs Total hrs Total hrs Total hrs Total hrs Total $ 6.0 Stakeholders Concurrence 6.1 Railroad Coordination Meetings (4 Total) 6.2 Community Involvement Neighborhood Outreach Public Involvement Plan (PIP) 18 10 5 33 $3,305 Community Presentations (up to 3) 16 20 10 8 54 $5,849 Community Open House 16 30 10 14 70 $7,518 PowerPoint for Community Mtgs & Open House 6 8 2 16 $1,733 Project Fact Sheet 6 12 2 4 24 $2,518 Email Distribution List 8 8 16 $1 ,522 Email Updates for Community Members (up to 4) 6 10 16 8 $1,634 Website Content and Social Media Updates (up to 4) 4 4 $761 Elected Officials Outreach Individual /Small Group Briefings (up to 8) 24 30 10 64 $7,032 City Council Briefings (up to 3) 12 PowerPoint for City Council Briefings (up to 3) 6 6 $1,774 Business Outreach List of Questions for Business Owners 6 2 8 $1,083 Small Group Meetings and /or Stakeholder InterviewsMeetings (up to 12) 20 40 12 72 $8,338 Work Element CO Total 124 184 59 26 393 $43,068' EXPENSES $1,448 PROJECT WORK ELEMENTS TOTALS 124 221 72 26 443 $51,311 0 v Page 8 of 12 S: \TRANS \DEAX0030 \mlf\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xls Printed: 2/17/2015, 4:36 PM City of Tukwila BNSF Intermodal Facility Access GeoEnaineers Page 9 of 12 S:\ TRANS \DEAX0030 \mlt\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xis Printed: 2/17/2015, 4:36 PM i Total Hrs. Negotiated Classification Hrs. x Rate = Cost 1 Principal 0 $ 220.44 $0 2 Associate 15 $ 209.92 $3,149 3 Senior Engineer /Scientist/Analyst 2 0 $ 165.99 $0 4 Senior Engineer /Scientist /Analyst 1 46 $ 147.71 $6,795 5 Project Engineer /Scientist/Analyst 2 50 $ 126.98 $6,349 6 Project Engineer /Scientist/Analyst 1 0 $ 115.23 $0 7 Staff 3 Engineer /Scientist/Analyst 127 $ 109.07 $13,852 8 Staff 2 Engineer /Scientist/Analyst 0 $ 95.13 $0 9 Staff 1 Engineer /Scientist/Analyst 0 $ 86.67 $0 10 CAD Designer 10 $ 108.31 $1,083 11 Senior Technician 0 $ 83.21 $0 12 Administrator Support 27 $ 80.38 $2,170 Page 9 of 12 S:\ TRANS \DEAX0030 \mlt\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xis Printed: 2/17/2015, 4:36 PM i Total Hrs. 275 Salary Cost $ 33,398 Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) $0 Total Salary Cost $ 33,398 Direct Expenses No. Unit Each Cost Reproduction Costs Copies 500 pages @ $0.15 /page $ 75.00 Reports 12 reports @ $30 /report $ 360.00 Plans 0 sets @ /set $ - EDR /Database 5 search@ $300 /search $ 1,500.00 Mail /Deliveries /Fed Ex 4 package@ $25 /package $ 100.00 Mileage 300 miles @ $0.575 /mile $ 172.50 Subtotal $ 2,208 GeoEngineers Total $ 35,606 Page 9 of 12 S:\ TRANS \DEAX0030 \mlt\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xis Printed: 2/17/2015, 4:36 PM i City of Tukwila BNSF Intermodal Facility Access GeoEngineers 1 2 3 4 5 6 7 8 9 10 11 12 Work Element # W Work Element P Principal Associate Senior Engineer /Scientist/Analyst 2 Senior Engineer /Scientist/Analyst 1 Project Engineer /Scientist/Analyst 2 Project Engineer /Scientist/Analyst 1 Staff 3 Engineer /Scientist/Analyst Staff 2 Engineer /Scientist/Analyst Staff 1 Engineer /Scientist/Analyst CAD Designer Senior Technician Administrator Support GEO ! G GEO Total T Total T Total T Total T Total T Total T Total T Total T Total T Total T Total T Total T Total T 5.0 E Environmental Research 5.4 H Hazardous Materials Review Draft Hazardous Materials Memo 1 10 5 50 7 75 1 10 1 15 1 160 $ $18.917 Final Hazardous Materials Memo W Will be negotiated as a supplement to the contract if requested 5.5 G Geology and Soils Review Draft Geology and Soils Memo 5 5 4 46 5 52 1 12 1 115 1 14.481 Final Geology and Soils Memo W Will be negotiated as a supplement to the contract if requested Work Element 5.0 Total 1 15 4 46 5 50 1 127 1 10 2 27 2 275 $ $33398 EXPENSES X X2208 PROJECT WORK ELEMENTS TOTALS 1 15 46 50 127 10 27 2 275 $ $35,606 Page 10of12 S: \TRANS \DEAX0030 \mlflTukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xls Printed: 2/17/2015, 4:36 PM City of Tukwila BNSF Intermodal Facility Access Historical Research Associates Total Hrs. 172 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Direct Expenses Reproduction Costs Copies Reports Plans Parking Mail /Deliveries /Fed Ex Mileage Subtotal No. Unit Each Cost 1200 pages @ $0.10 Negotiated $ 120.00 Classification Hrs. x Rate = Cost 1 Sr Archaeologist 8 $ 118.00 $944 2 Sr Historian 6 $ 110.00 $660 3 Project Archaeologist 48 $ 89.00 $4,272 4 Architectural Historian 38 $ 86.00 $3,268 5 Research Archaeologist /GIS 12 $ 76.00 $912 6 Geoarchaeologist 48 $ 96.00 $4,608 7 Editor 4 $ 75.00 $300 8 Production Specialist 2 $ 91.00 $182 9 Office Manager /Clerical 2 $ 56.00 $112 10 Project Administrator 2 $ 80.00 $160 11 Computer Support 2 $ 107.00 $214 Total Hrs. 172 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost 0% per year @ 0 year(s) Total Salary Cost Direct Expenses Reproduction Costs Copies Reports Plans Parking Mail /Deliveries /Fed Ex Mileage Subtotal No. Unit Each Cost 1200 pages @ $0.10 /page $ 120.00 0 reports @ /report $ - 0 sets @ /set $ - 1 @ $40 $ 40.00 2 @ $20 $ 40.00 80 miles @ $0.575 /mile $ 46.00 Historical Research Associates Total Page 11 of 12 S:\ TRANS \DEAX0030 \mlf\Tukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate_2015- 0217.xis 110 $ 15,632 $0 $ 15,632 $ 246 $ 15,878 Printed: 2/17/2015, 4:36 PM City of Tukwila BNSF Intermodal Facility Access Historical Research Associates 1 2 3 4 5 6 7 8 9 10 11 Work Element # Work Element Sr Archaeologist Sr Historian Project Archaeologist Architectural Historian Research Archaeologist/GIS Geoarchaeologist Editor Production Specialist Office Manager /Clerical Project Administrator Computer Support HRA HRA Total $ Total lots Total hrs To hrs To hrs To hrs Total hrs Total hrs To hrs To hrs To hrs To hrs Total hrs 5.0 Environmental Research 5.2 Cultural Resources Alternative Analysis 2 2 24 8 6 24 2 2 2 72 56526 5.3 Cultural Resources Technical Memo Draft Cultural Resources Tech Memo 6 4 24 30 6 24 4 2 100 59106 Final Cultural Resources Tech Memo Will be negotiated as a supplement to the contract if requested Work Element 5.0 Total 8 6 48 88 12 48 4 2 2 2 172 $'15;632 EXPENSES 5246 PROJECT WORK ELEMENTS TOTALS 8 6 48 38 12 48 4 2 2 2 2 172 $15,878 Page 12 of 12 S: \TRANS \DEAX0030 \mlflTukwila \BNSF Access \Tukwila - BNSF Intermodal Access Budget Estimate2015- 0217.xls Printed: 2/17/2015, 4:36 PM 112 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meetin Date ,g Prepared by Mayor's review Council review 11/24/14 MD ❑ Resolution All ,g Dale Z Ordinance Allg Date 3116119 12/01/14 MD ❑ Other Mig Date SPONSOR ❑ Council [:] Mayor E].HR Z DCD 0.1"inance ❑ Eire [:] IT [:] P&R E].Police ❑ PW 03/09/15 MD RECOMMENDATIONS: SP()NsoR/Ai)mIN. Department of Community Development Comm"I"T"" Unanimous Approval; Forward to Committee of the Whole COST IMPACT I FUND SOURCE Exl3ENI)I'I'URl-,'Ri?QUIRI?l) AMOUNT BUDGETED APPROPRIATION REQUIRED 03/16/15 MD RECORD OF COUNCIL ACTION 11/24/14 ITEM INFORMATION ITEM NO. CA I a 113 � STAFFSPONSOR: JACK PACE �ORI(.',INAI.A(3l,"NI)ADA'1'E: 11/24/15 A(,,],"NI)A ITi,,m Trn,i," An Ordinance and Development Agreement for the proposed hotel at 90 Andover Park East. CATEGORY Z Dismssion iAItg Date 319119 [:1 Motion AItg Date ❑ Resolution All ,g Dale Z Ordinance Allg Date 3116119 ❑BidAnard Mt ,g Dale Z Public Hwin ,g A11g Date 11124114 ❑ Other Mig Date SPONSOR ❑ Council [:] Mayor E].HR Z DCD 0.1"inance ❑ Eire [:] IT [:] P&R E].Police ❑ PW SPONSOR'S Development Agreement for the proposed hotel development at 90 Andover Park East that SUMMARY would allow the shared use of parking in the right-of-way of Christensen Road. The Council is being asked to consider the draft ordinance and the associated development agreement. REVIEWED BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/23/15 COMMITTEE CHAIR: VERNA SEAL RECOMMENDATIONS: SP()NsoR/Ai)mIN. Department of Community Development Comm"I"T"" Unanimous Approval; Forward to Committee of the Whole COST IMPACT I FUND SOURCE Exl3ENI)I'I'URl-,'Ri?QUIRI?l) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/24/14 Discussion and Public Hearing 12/1/14 Discussion and referred back to Community Affairs and Parks Committee 3/9/15 MTG. DATE ATTACHMENTS 3/9/15 Information Memorandums dated dated 2/18/15 and 11118/14 Parks Commission meeting minutes Memo analyzing the proposal regarding the regulations in the shoreline zone/buffer map Letter from Developer with three alterate site plans Ordinance and Development Agreement Minutes from the Community Affairs and Parks Committee meeting of 2/23/15 3/16/15 113 114 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director Department of Community Development BY: Minnie Dhaliwal, Planning Supervisor DATE: February 18, 2015 SUBJECT: Development Agreement for the proposed hotel at 90 Andover Park East. ISSUE Should the City Council approve the Development Agreement for the proposed hotel development at 90 Andover Park East; allowing the shared use of parking in the right -of -way of Christensen Road? BACKGROUND Tukwila TSD LLC is proposing to develop a new five story hotel at 90 Andover Park East with approximately 90 guest rooms. One parking space per room is required for lodging uses in the Tukwila Urban Center Transit Oriented Development District. The developer has submitted a site plan showing that the required number of parking stalls cannot be accommodated on the project site. Therefore the developer is proposing shared use of parking and drive aisle area in the right -of -way of Christensen Road. TMC 18.86 allows the City to use development agreements 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. This item was previously discussed by the Community Affairs Committee on November 12, 2014; Committee of the Whole held a public hearing on November 24, 2014 and it was referred back to the Community Affairs and Parks Committee on December 1, 2014. See attached memo for the information that was provided to the City Council previously on this item (Attachment A). Additionally, the Parks Commission was briefed on the pocket park proposal on January 21, 2015, and the minutes of the meeting are attached (Attachment B). DISCUSSION City Council asked staff to provide information on how the proposal complies with the City's shoreline regulations and asked the Community Affairs and Parks Committee to further review the proposal and make a recommendation to the Committee of the Whole. Additionally since the last City Council meeting the developer has come back with a couple of additional options for the City to consider, which are also attached. 115 INFORMATIONAL MEMO Page 2 In order to help facilitate decision making on this proposal it may be easier to break down the discussion into following issues: 1. Does the proposal comply with the city's shoreline regulations? 2. Does the city want to allow use of public right -of -way for shared parking for the hotel? 3. How many parking spaces should be shared between the hotel and trail users and how many should be guaranteed for the trail users? 4. What is the appropriate compensation for sharing parking in the right -of -way? 1. Does the proposal comply with the city's shoreline regulations? This area of the shoreline is designated as Urban Conservancy and the shoreline buffer ends on the river side of the existing roadway (Christensen Road). The conceptual site plan showing the hotel location and other site improvements meets the shoreline use, site setback and site configuration requirements. Detailed review of the construction plans will be done during the shoreline substantial development permit review process, which is an administrative decision issued after public notification to the interested agencies and surrounding property owners. The staff report of the shoreline permit is then sent to Department of Ecology for their review. See attached handout explaining the shoreline review process and code criteria along with the map showing the shoreline buffer (Attachment C). 2. Does the city want to allow use of public right -of -way for shared parking for the hotel? The existing site is a former gas station. The fuel canopy and the underground tanks were removed in 2007. In 2008, land use approval was granted for a 12,000 sq. ft. single story retail building that was never constructed. The existing lot is only 50,000 sq. ft. and without the shared parking agreement the likely form of development to occur on this site is single story. The current proposal to share the parking in the right -of -way would allow a five story hotel to be constructed. This form of development fits in with the vision anticipated by the Southcenter Subarea Plan for this area. The previous memo to the City Council (Attachment A) listed the goals and policies of the City's Comprehensive Plan and the Southcenter Subarea Plan that are achieved by the City entering into this development agreement. The proposal includes: • Shared use of parking in the right -of -way. • Initial term of 50 years with an option to extend for 30 additional years • The agreement shall terminate if any of the following terms are not met: a) The applicant fails to submit a complete building permit application for the construction of the hotel within one year; or if the construction is not completed within three years; or if the developer does not comply with maintenance obligations; b) If the property is redeveloped or a change of use occurs; c) If WSDOT widens 1 -405 or should any other project or condition arise that requires reconfiguration of Tukwila Parkway and /or the Project parking area; d) If the developer abandons the project; e) The developer shall renegotiate a new agreement or provide documentation showing how the number of parking spaces required by code will be provided if the hotel use is to continue after the expiration of the agreement. 116 INFORMATIONAL MEMO Page 3 3. How many parking spaces should be shared and how many should be guaranteed for the trail users? Tukwila Municipal Code requires one parking space per hotel room. The developer has stated that the franchise requires one parking space per hotel room plus two additional spaces. Per Smith Travel Research Report for hotels in Tukwila's general market, the occupancy rate for year 2014 varied from 80 to 90 percent during the high season (May through September) with December /January being the lowest around 60 percent; for an average annual room occupancy of 77 percent. The proposed hotel has 53 on -site parking spaces (hotel use only) and would like to share 45 parking spaces within the right -of -way (hotel and trail users). There are currently only 27 parking spaces in the right -of -way and the developer has proposed to add 18 new parking spaces within the undeveloped right -of -way; resulting in 45 spaces in the right -of -way. 41 out of 45 spaces will be shared between the hotel users and trail users and four spaces will be reserved exclusively for trail users. This allows four guaranteed spaces for the trail users but they could also park anywhere on the remaining 41 spaces. There is currently no data on the number of spaces used by trail users. However it can be stated that hotel parking spaces are expected to be used primarily in the evening and night time hours and parking for the trail access is expected to be used during day light hours. The proposed hotel has only a small meeting room and no restaurant, therefore the parking demand is anticipated to be less than a hotel with a large meeting room /convention facility. The developer has also provided parking data for the hotels currently operated by them showing that the parking demand is less than one car per occupied room (Attachment D). 4. What is the appropriate compensation for sharing parking in the right -of -way? Since the last meeting the developer has come back with the following options for the City to consider as appropriate compensation for allowing shared use of parking: Option 1: Develop and maintain a public pocket park within the existing cul -de -sac with $10,000 payment to the City. Option 2: Replace the asphalt in the cul -de -sac area with landscaping along with a monetary payment of $93,849 to the City. Option 3: Convert the cul -de -sac into parking area with a monetary payment of $145,897 to the City. 117 INFORMATIONAL MEMO Page 4 Listed below is the summary of compensation for all three options: Compensation for sharing Option 1:Pocket Option 2: Cul -de- Option 3: Cul -de- parking in the right -of -way Park sac to sac into parking landscaping Developer shall develop x and maintain a public pocket park Developer shall maintain x x x the parking area Parking spaces for trail 41 shared and 4 41 shared and 4 41 shared and 7 users guaranteed. guaranteed guaranteed Developer shall construct a x x x pedestrian connection between the intersection of Andover Park East and the Green River Trail Members of the public x x x and emergency vehicles will have access through the hotel parking lot. Monetary Payment $10,000 $93,849 $145,897 Pros and Cons A public pocket The impervious There are three park in the urban surface in the additional parking center, which shoreline zone is spaces under this complements the reduced. There is option but Green River Trail. opportunity to plant impervious surface The impervious native vegetation increases. The city surface in the in the shoreline gets monetary shoreline zone is zone. The city gets payment of reduced. The city monetary payment $145,897. gets monetary of $93,849. payment of $10,000. FINANCIAL IMPACT The land is valued at $25 per square feet. The right of way area is 17,103 square feet with a land value of $427,575. The developer had previously provided a cost estimate of $186,037 for the development of the pocket park. All three options listed above cost the developer $186,037. Additionally the developer has estimated about $6000 per year in maintenance costs. There is no negative financial impact to the city under any of the three options. City Council may want to decide what could be done with the monetary payment. This decision could occur separate from the development agreement process. Some options for the City Council to consider are: • Put the money the city's tree mitigation fund • Establish a shoreline restoration fund • Designate the money towards another project in the Urban Center such as Tukwila Pond or pedestrian bridge project. 118 INFORMATIONAL MEMO Page 5 Designate the money towards any other project on the City's Capital Improvement Program list Put the money in the City's general fund. RECOMMENDATION Staff recommends that the city enter into the development agreement to share the parking in the right -of -way in order to facilitate the hotel development. Regarding the decision on the appropriate compensation for the shared use of right -of -way staff recommends option 2. Under this option the city will get a monetary payment of $93,849, impervious surface in the shoreline zone is reduced and the city still retains the opportunity to put in a pocket park at a future date. ATTACHMENTS A. Memo to Committee of the Whole Nov 24, 2014. B. Meeting minutes Parks Commission meeting Jan 21, 2015. C. Memo analyzing the proposal as it relates to the regulations in the shoreline zone along with the buffer map. D. Letter from the Developer with three alternative site plans. 119 120 Attachment A City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Jack Pace, Director Department of Community Development BY; Minnie Dhaliwal, Planning Supervisor DATE: November 18, 2014 (Revised after Community Affairs and Parks Committee meeting on November 12, 2014) SUBJECT: Development Agreement for the proposed hotel at 90 Andover Park East. ISSUE Should the City Council approve the proposed Development Agreement for the proposed hotel development at 90 Andover Park East that would allow the shared use of parking in the right -of- way of Christensen Road in exchange for the construction of a public pocket park? BACKGROUND Tukwila TSD LLC is proposing to develop a new five story hotel at 90 Andover Park East with approximately 90 guest rooms. One parking space per room is required for lodging uses in the Tukwila Urban Center Transit Oriented Development District. The developer has submitted a site plan showing that only 53 parking spaces can be accommodated on the project site. Therefore the developer is proposing shared use of parking and drive aisle area in the right -of- way of Christensen Road in exchange for developing a public pocket park in the cul -de sac area of Christensen Road. TMC 18.86 allows the City to use development agreements 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. DISCUSSION The proposal reviewed by the Community Affairs and Parks Committee included: • Shared use of parking and drive aisle area in the right -of -way of Christensen Road, with 18 new parking spaces added by the developer within the undeveloped right -of -way area adjacent to the hotel site. The developer would also reconfigure the existing spaces to increase the number of parking spaces in the right -of -way. A total of 45 parking spaces would be available within the right -of -way; out of which 41 will be shared between the hotel use and members of the public with four spaces exclusively reserved for non -hotel users including those who want to access the Green River Trail. In exchange for the shared parking the developer shall: a) Develop and maintain a public pocket park within the existing cul -de -sac area. b) Maintain the park and the parking area for the term of the agreement. c) Provide public access through the subject property to compensate for the cul -de -sac closure. d) Construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the pocket park and the Green River Trail. 121 INFORMATIONAL MEMO Page 2 • Initial term of 50 years with an option to extend for 30 additional years. The agreement shall terminate if any of the following terms are not met: a) The applicant fails to submit a complete building permit application for the construction of the hotel within one year; or if the construction is not completed within three years; or if the developer does not comply with maintenance obligations for the park and 'the parking areas; b) If the property is redeveloped or a change of use occurs; c) If WSDOT widens 1 -405 or should any other project or condition arise that requires reconfiguration of Tukwila Parkway, the Project parking area, and/or the Pocket Park; d) If the developer abandons the project; e) The developer shall renegotiate a new agreement or provide documentation showing how the number of parking spaces required by code will be provided if the hotel use is to continue after the expiration of the agreement. This proposal furthers the following goals and policies of the City's Comprehensive Plan and the Southcenter Subarea Plan; • The .Southcenter Subarea Plan envisions that parking will be accommodated by a combination of off- and on- street parking spaces /lots and shared parking facilities within the Transit Oriented Development (TOD) Neighborhood. • The Southcenter Element of Tukwila's Comprehensive Plan includes policy 12.2.1 to "Recognize, protect and enhance the open space network by augmenting existing parks, enhancing access to passive and active recreation areas such as Tukwila Pond, Minkler Pond and the Green River...." • The implementation strategies for policy 10,2.1 of the Tukwila Comprehensive Plan includes, "Look for opportunities for pocket park development" and "Seek opportunities for public /private partnerships ". • Uses that provide public access and public recreation are prioritized in the Urban Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan. The pocket park and shared parking are considered mutually beneficial to the City and the developer for the following reasons: • There are currently only 27 parking spaces in the right of -way area and the proposal will provide 45 parking spaces. • Hotel parking spaces are expected to be used primarily in the evening and night time hours and parking for the trail access is expected to be used during day light hours. • The pocket park will complement the Green River Trail. The proposal facilitates higher intensity development that is envisioned by the Comprehensive Plan for this area. • The cost of construction and maintenance of the pocket park and the parking spaces will be paid for by the developer in exchange for the shared use of the parking. Members of the public and emergency vehicles will have access through the hotel parking lot. 122 INFORMATIONAL MEMO Page 3 Alternative proposal discussed at the Community Affairs and Parks Committee: Committee's Recommendation: At the Community Affairs and Parks Committee an alternative that would allocate the funds specified in the development agreement for the pocket park to ,go toward a tree planting project in the area of the river bank across Christensen Road was discussed. This alternative was recommended by the Committee as it advances the goals of regional efforts to restore aquatic ecosystems and salmon habitat in the Green - Duwamish watershed. Under this proposal, the developer would provide the money and the City could assume responsibility for the project, either alone or in collaboration with a group already doing this kind of restoration work. The Committee supported the alternative if it did not delay the agreement or add costs for the developer. The Committee agreed to forward the item for Committee of the Whole discussion to include the original proposal and additional analysis relating to the alternative proposal. The Committee of the Whole would then select the preferred option. Staff has further reviewed the alternative proposed by the Committee with the City's Public Works and Parks Department and listed below is their response. A map showing the riverbank area in the general vicinity of the subject site is attached to this memo. The total area from south of 1 -405 to the bend in the River is approximately 73,000 square feet, The project cost for any shoreline restoration project that includes site preparation and planting is approximately $2 per square foot. Review of the Committee's recommendation by Bob Giberson, Public Works Director: Following projects are underway that might preclude the quick approval of a Green River planting plan adjacent to 90 Andover Park East along the river: a) Green River System Wide Improvement Framework (SWIF) process will be ongoing through early 2015. It is a US Army Corp of Engineers planning process that is being completed by King County Flood Control District. It involves ongoing engagement with state /federal agencies, business community, environmental community, WRIA9 and other agencies. It will include a prioritized list of capital projects to achieve flood protection.goals and vegetation management plans to address large trees and shrubs location with respect to levees. More information about SWIF is available online at littp:// tiilNti il. kingcounty .gov /enviro.nmeiit/Nvlr /sections - programs /z•iver- i floodplain- section/capital- proe cts/jreen- river- system - .wide- improve.ment- framework.aspx b) The Tukwila 205 Levee Certification effort will not be completed for at least one year. The biggest unknown to obtain FEMA levee accreditation approval is the scope of repairs and /or improvements. Any required repairs and/or improvements will jeopardize any recent plantings. c) The TUC Pedestrian /Bicycle Bridge final design may include habitat mitigation near the bend in the river to the south of 90 Andover Park East. The design for this project will be completed in 2015 and constructed by 2017 As an alternative option, it appears that there is sufficient contingency in the pocket park cost estimate to allow the developer to contribute $10-,000 towards a planting plan for the riverbank. Once a planting plan is approved by the necessary agencies, the developer's funds can be used as a match to other available funds for a complete habitat enhancement planting effort in this vicinity. 123 INFORMATIONAL MEMO Page 4 Review of the Committee's recommendation by Rick Still, Parks and Recreation Director: Background on why the pocket park is a valid proposal: a) A system of pocket parks in the Tukwila Urban Center (TUC) is vital to meeting the recreation and social needs of the community because purchasing larger parcels in this area is cost prohibitive at this time. The few parks currently located in TUC are heavily used by patrons for spending time away from offices on breaks, gaining access to the trail system, meeting people to gather and socialize, for exercise at or to visit as a part of their exercise routine, for access while walking to the train, and to enjoy nature while in an urban setting. b) In 2006, staff met with a developer who introduced the concept of using the Christensen Trail parking area as part of their development located between Christensen Road and Andover Park East. Through discussions with this developer, staff hired a landscape architect to initiate a site study and prepare a conceptual design for a pocket park at the turnaround at the north end of Christensen Road. This conceptual design was utilized with several developers throughout the past seven years. c) The Christensen Road pocket park provides an area on the north end of the TUC where there currently is not a recreational opportunity for the community. The area is easily accessed from local businesses and residential areas near City Hall. Hotel development in this area increases the need for a park since many of the people staying in hotels will be using the trail to access Starfire Sports at Fort Dent Park. The park will help contribute to a more connected community and build a sense of community pride. Staff has looked at ways to accommodate tree planting along the Green River while maintaining construction of the pocket park. Staff believes that with value engineering of the pocket park the developer could reduce the construction cost to allow approximately $10,000 for tree plantings along the Green River Trail at Christensen Road. The Committee of the Whole has the following options: 1. Approve the development agreement as originally proposed to allow shared parking in the right -of -way in exchange for building and maintaining a pocket park. 2. Approve the development agreement for the alternative proposed by the Community Affairs and Parks Committee to allow shared parking in the right -of -way in exchange for getting a monetary payment for the Green /Duwamish riverbank planting project. 3. Approve the development agreement as originally proposed with an amendment to include $10,000 payment by the developer towards Green /Duwamish River restoration /planting projects or to implement the goals and policies of the Comprehensive Plan related to Urban Forestry. FINANCIAL IMPACT There is no financial impact to the City as all costs associated with the development and maintenance of the pocket park and additional parking shall be borne by the developer. The developer's cost estimate for the development of the pocket park and additional parking area is $186,037. Also, the annual maintenance costs are anticipated to be $6000 per year and subject to inflation over the term of the agreement. The land value of the right -of -area with the shared parking is $427,575 ($25 per square foot for 17,103 square feet total area). 124 INFORMATIONAL MEMO Page 5 RECOMMENDATION The Council is being asked to hold a public hearing on this item and select one of the options listed above. Staff recommends approving the development agreement as originally proposed with an amendment to include $10,000 payment by the developer for the Green %Duwamish River restoration /planting project or to.implement the goals and policies of the Comprehensive Plan related to Urban Forestry. If the Council selects this option then Section 8 of the Development Agreement will be revised to include a clause stating the developer shall be responsible to make a payment of $10,000 for Green /Duwamish River restoration /planting projects or to implement the goals and policies of the City's Comprehensive Plan related to Urban Forestry. This payment shall be required prior to the issuance of the building permit for the hotel. Also, Exhibit 3 shall be amended to reflect this payment. Staff also recommends adding two items to the 2015 work plan: a) Review current policies regarding non - public uses in the public right -of -way. b) Review policies /projects for restoration /planting projects of the Green /Duwamish riverbank and how the city will implement the goals and policies of City's Comprehensive Plan relating to Urban Forestry. ATTACHMENTS Vicinity Map Draft Ordinance Development Agreement Exhibit 1- Legal Description Exhibit 2- Conceptual Site Plan Exhibit 3- Conceptual Site Plan of the Pocket Park; list of park amenities with construction cost estimates; and land value estimates. Map showing the riverbank in the vicinity of the subject site Minutes from Community Affairs and Parks Committee meeting Nov 12, 2014. 125 126 Attachment B TUKWILA PARKS COMMISSION PARKS & RECREATION GOOD HEALTHY FUN MINUTES January 21, 2015 5:30pm Tukwila Community Center Call to Order: Committee Vice - Chairperson Don Scanlon called the meeting to order at 5:37pm. Attendance: Commissioners — Don Scanlon, Alice Russell, Joanne McManus Staff — Dave Johnson Approval of Minutes: Alice Russell moved to approve the minutes of the'JNpvember 19, 2014 meeting. Joanne McManus seconded the motion. The motion passed unanimously ,I(1( jH1111,�1 "� Business Items �li�� i�'��l!lii�, ,, `um �illj �11`Ih�lp,� A. Project Update —The Commission reviewed the Proj da , U te �,pd in the Agenda Packet. B. Commission Appointments — Staff informed the' ,i,,6 i�mission that Julie b ,,, as resigned her position on �ill�' I!�pIlI� "'iV!Jill it �llo, , the Commission due to time constraints and wr�i,lpegin advertising to fill th6.�l� ncy. Hassan Abdi s 'i��1ltVIVEafi�� « " +li�� ch�''� position on the Commission as a Student Represe t e expir 'I ,June 2015 an will work with staff �Ilii�ll�liit 4 IIAIf lil��j U {llal ii� to recruit a student to replace him. Alice Russell s tet ippaxF�, ommission expires'; ,,March 2015. C. Department Update — Staff informe ,khe Commission of d`11101191. p ttment updates including the MLK Day of �:r��t, ,lr �f Service at TCC and Duwamish Hill Presenie, transfer of Pool open id lions to the MPD, and recent clean -up work at Crystal Spring Park. �° v Staff provided updates 1. Duwamish Commissic �dr` ,,idea of hol Chi nook�'1 "gll,� Duwamish C Pocket Park Rocket Park Other "iIIE1�1l�� e4' 11 i, A. Don Scanlon atten provided a summary d the"Pommission o here 'fee "dbacku o rtl�e staff on the following items: rdens ' C'oxmmission asked! to begin considering names for the site. The could lik&'to get some 1i9ltorical information about the site. Also suggested the tu41�� g a prbhc contest to name the site. hase a Foster �olf�Links The Commission supports the purchase. project he Commission, supports this project, especially as it ties in with U °IN4 and Duwamish Hill "' reserve. — Th�Cornmission supports the development of the originally proposed �� lA� (long Christensen Road. SIN 19G��IIf,P i ming on the Open Government Trainings Act on January 12, 2015 and &ssion. B. Joanne McManus asked staff to look into jackets or some other apparel for the Commissioners as an identifier when meeting with the community and out in the public. C. Don Scanlon noted that due to pollution, nearly all of the coho eggs in the Southgate Creek incubator have died. Don is working with Public Works on this. Adjournment: Alice Russell moved to adjourn at 6:13pm. The motion was seconded by Joanne McManus. The motion passed unanimously. 127 TUKWItA PARKS COMMISSION GOOD HEALTHY FUN MINUTES February 18,2015 5:30pm Tukwila Community Center CalltoOrder: Chairperson Sean Albert called the meeting to order at 5:34pm. Attendance: Commissioners — Sean Albert, Don Scanlon, Alice Russell, Joanne McManus Staff — Dave Johnson, Robert Eaton, Ryan Larson Approval mfMinutes: Don Scanlon moved to approve the minutes uary21,2O15meeting. Alice Russell seconded the motion. The motion passed unanimously. Business Items A. Proeect Update — Ryan Larson from the City's r s eparthie,nt/T rovided updates to the Commission on the status of the Duwamish r as well as, gipotential Chinook Winds site. Dave Johnson presented information to the i n the "classro6`ffi,,',!mJn Phase 11 of the Duwamish Hill Preserve. Commissioners offered input a includ* ip how ni ttractive it is while also noting the potential for vandalism and wanti 9 t su ce tgo, will Zg forward the feedback to the clesigne� B. Commission Appointments — Alice R 11""' m,on the Coi"[�� us ,,ion expires in March 2015 and expressed her desire to not be re-appointed. s agree to ,ppointment until a replacement is found. Staff noted that,search for repi nt C. ndudingthe upcoming Dr. Seuss event on 2 ai , C CIO from March 16-22. D. P a r k R u I es,/",' u I at i o n i*StaffighiMnh e, r) ro R e of the work of updating the Park Rules and Regujja- n that staff is lo s,� Ali&,` ssell going on this update. Joanne Other A. Staff pres ,,,/,,ion on Ni'Development Agreement for the proposed hotel at 90 Ando er ar I k n`4 ,`,I'Pocket Park"). Much discussion ensued about the 3 different options VEY bein res t cket Park/�E,4, -de-sac to Landscaping, and 3) Cul-de-sac to Parking. Don Scanlon moved to r j t I I McManus seconded the motion. The motion passed unanimously. Adjournment: Alice Russell urn at 7:25pm. The motion was seconded by Joanne McManus. The motion passed unanimously. Attachment C Analysis of the proposal as it relates to the regulations in the shoreline zone State Shoreline requirements are implemented through the Shoreline Overlay District in the Tukwila Zoning Code (Tukwila Municipal Code (TMC) 18.44). Tukwila's shoreline regulations were updated in October, 2011 when the Department of Ecology approved the City's new Shoreline Master Program (SMP) and implementing regulations. If the Council decides to enter into the development agreement for the use of public right -of -way for the hotel development, the project is still subject to obtaining approval of a Shoreline Substantial Development Permit by the Community Development Director and Design Review approval by the Board of Architectural Review. What is the process for the shoreline permit? A Shoreline Substantial Development Permit is required for the construction of a hotel at the property located at 90 Andover Park East. The decision on this permit is made administratively by the Director of the Department of Community Development after the expiration of a 30 day public notice period. As part of that process, a detailed staff report that analyzes the proposal with respect to the City's Shoreline Master Program is prepared and a decision is rendered. The City's decision is sent to the Department of Ecology for its review. There is a 21 day appeal period on Shoreline Substantial Development Permits and no construction may occur during that time. What is the shoreline environment designation around the subject site? The shoreline environment along the west side of the Green/Duwamish river bank from I -405 to the south city limits is Urban Conservancy. The shoreline in this area is part of the Tukwila 205 Levee. What is the shoreline zone and shoreline buffer in this area? The shoreline zone is the entire 200 feet from the ordinary high water mark (OHWM) of the River. Within the 200 foot shoreline jurisdiction, there is a shoreline buffer, which in this area is 125 feet from the OHWM due to the presence of 205 levee. Also, it is important to note that if there is a road that runs parallel to the river through the buffer, the buffer ends on the river side of the existing improved street or roadway. See attached map that shows the shoreline buffer around the subject site. What uses are allowed in the shoreline buffer area? TMC 18.44.050 lists the permitted uses in the shoreline buffer of the Urban Conservancy environment. Parks and maintenance of existing streets and rights -of -way are permitted in the buffer area. Additionally, any proposed project in the shoreline zone is reviewed to ensure that the proposed use is consistent with TMC 18.44.030 - Shoreline Use Matrix and the underlying zoning. The current proposal to build a hotel at the subject site is a permitted use outside the shoreline buffer. l� %i What other shoreline requirements will apply to the proposed project? As part of the shoreline permit review process the proposed project will be reviewed to ensure the following code requirements are met: a) TMC 18.44.070 C. i) General Standards to meet standards of the underlying zoning district. ii) Setbacks and site configuration requirements. iii) Height Restrictions of 15 feet within the river buffer area and 45 feet between the outside edge of the buffer and 200 feet of the OHWM. iv) Lighting to meet minimum lighting levels and at the same time preventing spillover on the river channel. v) Off street parking and loading — requirements to screen parking, loading or storage facilities located between the river and any building. b) TMC 18.44.080 Vegetation and Landscaping: The project will be reviewed for consistency with the Shoreline Master Program's vegetation and landscaping requirements. Please note that on properties located behind publicly maintained levees, an applicant is not required to remove invasive vegetation or plant native vegetation within the river buffer. However retention of existing trees; planting standards for interior parking lot and yard landscaping standards are required along with specific vegetation management standards including limitations on use of pesticides. c) TMC 18.44. 100 Public Access: The project will be reviewed for consistency with the public access requirements. As part of the development agreement, the developer has agreed to construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the Green River Trail. d) Analysis of "no net loss of the ecological function" shall be done. This analysis shall take into consideration how much vegetation currently exists within the 200 foot shoreline jurisdiction; what is the condition of the shoreline; and how the proposed project impacts the shoreline. This analysis takes into consideration if any fill is proposed along the shoreline; if any stormwater will be discharged to the.river; and if there is any alteration of the vegetation. If any loss of ecological function is anticipated then the loss is mitigated through one or a combination of the mitigation sequencing steps identified in the SMP. 130 Shoreline Buffer: 90 Andover Park East 132 Attachment D January 27, 2015 Ms. Minnie Dhaliwal Planning Supervisor City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Sent via email: Minnie.Dhaliwal @TukwilaWA.gov RE: Proposed hotel to be located at 90 Andover Park East by Tukwila TSD LLC Dear Ms. Dhaliwal: We have reviewed the attached three development scenarios that include design options for development of our proposed hotel and the adjacent parking area and /or pocket park that would allow shared use parking in the right -of -way of Christensen Road. We are seeking approval of one of the options so that we may finalize a Development Agreement that would allow shared use parking in exchange for the selected option. We want the City to select the Scenario that is best suited for their needs; however, we are of the opinion that Option 3, which would maximize parking for the park and hotel and allow for development of 101 spaces (53 on -site hotel spaces and 48 off -site spaces along Christensen Road) is the best option for the City, Public, and hotel. The cost for development of this scenario is approximately $40,140 which would include a payment of $145,897 to the City for utilization as deemed most appropriate for the City's needs. The second preferred option is Option 2. This Scenario would include landscaping the cul -de sac area at the north end of Christensen Road which would allow for development of 98 spaces (53 on -site hotel spaces and 45 off -site spaces along Christensen Road). The cost of this scenario is estimated to be $92,188 with a residual amount of $93,849 being paid to the City for utilization as deemed most appropriate for the City's needs. The third preferred option is Option 1. This scenario would include development of the existing cul de sac into a pocket park as initially proposed which would allow for development of 98 spaces (53 on -site hotel spaces and 45 off -site spaces along Christensen Road). The cost of this scenario is estimated to be $186,037 less $10,000 that will be paid to the City for use along the Green River Shoreline or for other appropriate uses. 133 Ms. Minnie Dhaliwai January 27, 2015 Page 2 The proposed hotel will include 92 rooms with no restaurant and only a board room and one small meeting room which should minimize the amount of parking required (94 spaces required per hotel company). Most of the hotel's parking will be required during the late evening hours with minimal parking needed during daylight hours. We have also attached a summary of three different hotels' parking requirements at various times of the daylight hours. Based on our experience, guests will require minimal parking during the daytime hours which should leave more than adequate parking for the public (see the attached parking summary). Our architect cannot finalize plans until we have approval to proceed. We have already acquired the site and would greatly appreciate a timely decision so that we might move forward with the preliminary design that must then be submitted to the City for review and approval before we can get building permits. We thank you for your assistance and look forward to expediting the Development Agreement Sincerely, kwila TSD LLC 134 Parking Stats: Based on the hotels we operate within King County in neighboring cities close to Tukwila and Eastern Washington, this is an example of what we observed from the hotel parking lot. All three hotels include one board room and one hotel also has an additional meeting room that seats 50 persons (p). None of the hotels has a restaurant. The following tables show the occupied rooms for the day and number of cars parked at the designated hours surveyed. Hotel 1 [60] 1 Board room Friday /Sat Sunday Mon — Wednesday Thursday Occupied Rooms 38 20 24 22 11 AM — Cars in lot 3 4 4 2 5 PM — Cars in Lot 1 1 7 3 Hotel 2 [100] 1 Board Room & 1 Meeting Room 50p Friday /Sat Sunday Mon — Wednesday Thursday . Occupied Rooms 26 17 65 51 11 AM — Cars in Lot 7 2 5 4 5 PM — Cars in Lot 3 3 18 6 Hotel 3 [85] 1 Board room Friday /Sat Sunday Mon — Wednesday Thursday Occupied Rooms 65 18 37 32 11 AM — Cars in Lot 6 7 6 4 5 PM — Cars in Lot 5 4 10 7 135 OPTION I - POCKET PARK EXISTING CURB LINE 136 I a I I I b I 1 I cu N C:l H W U ¢ CL y cu N I I f O L- l.a_ Ll Ll O W W ¢ (�/1 L I Z N ¢ L. d W l7 .Z. d I ¢ N C3 (n l7 Z Y Z (n q J U Z IIIIIIIIIIULI a Z k I 53 GNSITE PARKING SPACES 4 GFF�ITE PAR NG .~�. I x W &TICICICICIC11C cicc ccccccccccc Li iil W SITE PLAN - OPTION = 511 -a. 53 GNSITE PARKING SPACES N 45 OFFSITE PARKING SPACES 98 TOTAL I HOLIDAY INN XPRESS TUKWILA, WA TUKWILA TSD L.L.C. Dale 5weerlecJ. ARCHITECT 5715 143rd Pl— S.E. Sellewe, WA 98006 425260-8969 1/22/15 OPTION 2 - CUL DE SAC INTO LANDSCAPING EXISTING / CURB LINE TUKWILA PARK LANDSCAPING \ \ 17d4 O ESQ LS IAR C N S AC PST I �, i.............. ........... :......: ; <.. I I b PATIO :.... .:::..' ; II Cu .............................. . ........ 0 N w U a N a HOTEL ATYPICAL PARKING w 5 -STORY CE 9'x19' 59, 1 70 5Q. FT. W 92 UNIT5 u� o a 0 ¢ Lu w vim, O z I a w o I o N w .Y r w d PROPERTY LINE GZ J i I F(- - n v ¢ A w S ¢ I v uj I � z_ 0 w k I 53 ONSITE PARKING a SPACES z I 4� OFMTE PAR NG C C C C C C C C C C C C C C C C C C C C x w �cc w SITE PLAN - OPTION 2 I - = 50'_0" N 53 ONSITE PARKING SPACES 45 OFFSITE PARKING SPACES 98 TOTAL HOLIDAY INN XPRESS TULWILA, WA TUKWILA TSD L.L.C. Dale Sweeney ARCHITECT 5715 143rd Pl— S.E. Sellewe. WA 88006 425 - 260 -8869 1122/1 e; 137 138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING THE DEVELOPMENT AGREEMENT WITH TUKWILA TSD, LLC, FOR THE SHARED USE OF PARKING IN THE PUBLIC RIGHT -OF -WAY OF CHRISTENSEN ROAD AS IT RELATES TO THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT 90 ANDOVER PARK EAST; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.7013.170, 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, Tukwila TSD, LLC, desires to build a new five -story hotel at 90 Andover Park East with over 90 guest rooms; and WHEREAS, Tukwila TSD, LLC, proposes non - exclusive use of parking and drive aisle area in the right -of -way of Christensen Road to meet the parking requirements for the proposed hotel at 90 Andover Park East; and WHEREAS, Tukwila TSD, LLC, also proposes to construct additional parking in the right -of -way, provide monetary compensation to the City for the shared use of parking, and maintain parking in the public right -of -way for the term of the agreement; and WHEREAS, the City of Tukwila and Tukwila TSD, LLC, wish to enter into a Development Agreement for the shared use of parking in the public right -of -way of Christensen Road as it relates to the planned development of a hotel located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 24th day of November 2014 to take public testimony regarding this Development Agreement, as proposed; and W: Word Processing \Ordinances \DA - Shared use of parking at 90 APE DA 2 -27 -15 MD:bjs Page 1 of 2 139 WHEREAS, the City Council finds that the terms of this Development Agreement are necessary to achieve public benefits, to respond to changing community needs and to encourage modifications that adequately achieve the purposes of otherwise applicable City standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement. The Development Agreement by and between the City of Tukwila and Tukwila TSD, LLC, for the use of shared parking in the public right -of -way of Christensen Road as it relates to the planned development of a hotel located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. Section 2. 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 3. 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 4. 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 12015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Exhibit A — Development Agreement Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \DA - Shared use of parking at 90 APE DA 2 -27 -15 MD:bjs 140 Page 2 of 2 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND TUKWILA TSD LLC, FOR THE SHARED USE OF PARKING IN THE RIGHT -OF -WAY OF CHRISTENSEN ROAD, AS IT RELATES TO THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT 90 ANDOVER PARK EAST I. PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this + day of 2015, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Tukwila TSD LLC, a (corporation, limited partnership, partnership, etc.) organized under the laws of the State of Washington, hereinafter the "Developer." II. RECITALS WHEREAS, the Developer desires to develop a new five -story hotel at 90 Andover Park East with over 90 guest rooms; and WHEREAS, one parking space per guest room is required for lodging uses in the Tukwila Urban Center Transit Oriented Development District; and WHEREAS, the Developer has submitted a site plan showing the required number of parking stalls for the hotel cannot be accommodated as surface parking on the project site; and WHEREAS, the Developer proposes non - exclusive use of parking and drive aisle area in the right -of -way of Christensen Road to meet the parking requirements for the proposed hotel at 90 Andover Park East; and WHEREAS, the City of Tukwila is the owner of the Christensen Road right -of -way, which includes undeveloped area adjacent to the project's eastern property line, paved street, parking, and cul -de -sac areas; and WHEREAS, the parking area in the right -of -way of Christensen Road is currently used by members of the public for access to the Green River Trail, shoreline, and parks areas; and WHEREAS, hotel parking spaces are expected to be used primarily in the evening and nighttime hours; parking spaces for trail, shoreline, and parks access are expected to be used during daylight hours; and WHEREAS, the Developer proposes to add parking spaces within the undeveloped right -of- way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of parking spaces that would be shared for hotel use and the public for access to the Green River Trail; and 1 141 WHEREAS, all parking spaces within the right -of -way area will be shared and at least four /seven spaces will be designated for non -hotel users to ensure access to the Green River Trail for members of the public; and WHEREAS, the Developer proposes to maintain the parking area within the right -of -way as outlined in Exhibit 2 for the length of this agreement; and WHEREAS, the vision for parking areas within the Transit Oriented Development (TOD) Neighborhood in the Southcenter Subarea Plan is that "parking will be accommodated by a combination of off- and on- street parking spaces /lots" and shared parking facilities. "Such facilities can be shared between public and private uses" (p. 19); and WHEREAS, the Developer proposes to construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the Green River Trail; and WHEREAS, implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan include "Seek opportunities for public /private partnerships;" and WHEREAS, a through -way from Andover Park East to Christensen Road will be constructed as part of the project to replace the emergency vehicle maneuvering function of the cul -de -sac; and WHEREAS, uses that provide public access are prioritized in the Urban Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan and the proposed development furthers this goal; and WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement must 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 real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, for the purposes of this development agreement, "development standards" includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and 2 142 WHEREAS, Tukwila Municipal Code Section 18.86.030 explicitly allows for flexibility in development standards applicable to a property developed under a development agreement "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, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement "), relates to the development known as the 90 Andover Park East Hotel, which is located at: 90 Andover Park East (hereinafter the "Subject Property "); and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200); and WHEREAS, a public hearing for this Development Agreement was held on November 24, 2014, and the City Council approved this Development Agreement by Ordinance No. on and NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: III. AGREEMENT Section 1. The Project. The Project is the development and use of the Subject Property, consisting of 0.39 acres (approximately 17,000 square feet) in the City of Tukwila located at 90 Andover Park East and a portion of Christensen Road right -of -way for a 92 -room 5 -story hotel and 45(option 2) / 48(option3) shared parking spaces on Christensen Road right -of -way, as shown on Exhibit 2. Section 2. The Subject Property. The Subject Property and right -of -way are legally described in Exhibit 1, attached hereto and incorporated herein by this reference. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Council" means the duly elected legislative body governing the City of Tukwila. c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City. d) "Director" means the City's Community Development Director. e) "Effective Date" means the effective date of the Adopting Ordinance. 3 143 f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, building standards. "Existing Land Use Regulations" does not include non -land use regulations, which includes taxes and impact fees. g) "Landowner" is the party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this Agreement. h) "Project" means the anticipated development of the Subject Property, as specified in Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits. i) "Vesting date" means the date a valid and fully complete building permit application for the hotel is submitted to the City of Tukwila. Section 4. Exhibits. Exhibits to this Agreement are as follows: A. Exhibit 1 - Legal description of the Subject Property and the right -of -way. (Option 2 or 3) B. Exhibit 2 - Conceptual Site Plan (Option 2 or Option 3) Section 5. Parties to Development Agreement. The parties to this Agreement are: A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032. C. The "Landowner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property. Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as explicitly outlined in this Agreement and as authorized in the exercise of its governmental functions. FAI 144 Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of 50 years, with the option to extend the Agreement an additional 30 years, unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post- termination obligations of the Developer or Landowner. Section 8. Terms. A. Design • The Project at 90 Andover Park East shall be allowed non - exclusive use rights for the parking spaces and drive aisle area of Christensen Road (as depicted in Exhibit 2) to meet minimum parking requirements for the development. This Agreement shall not preclude the City from entering into additional agreements regarding use of this area by other private parties. The Project will be subject to the development regulations in effect at the time of complete permit application submittals. • The site plan attached as Exhibit 2 is included with this Agreement for reference only, and has not yet been approved as of the date of execution of this Agreement. The site plan shall be subject to modifications during review of the required land use permits. • As a result of the cul -de -sac closure, public access through 90 Andover Park East is hereby allowed and provided for. • The Developer shall construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the Green River Trail. • All shared parking stalls will be constructed and maintained to Public Works Infrastructure Design and Construction Standards. • The Developer shall be responsible for making a payment of $93,849(option 2)/ $145,897(option 3) to the City of Tukwila. This payment shall be made prior to the issuance of the building permit for the hotel. B. Construction • The cost of permits and plans required for construction of the parking area shall be borne by the Developer and submitted as part of the permits for the hotel. The parking in the right -of -way must receive final approval by all required City departments prior to issuance of the Certificate of Occupancy for the hotel. C. Maintenance • The parking area shall be subject to inspections every five years. • Developer is solely responsible for the cost and maintenance of the parking spaces. New striping of the parking spaces shall be completed every three years. 5 145 D. Operations • A total of 92 parking spaces are required for the 92 -room hotel as proposed. The site plan in Exhibit 2 includes 98(option2) / 101(option3) parking spaces. All parking spaces within the right -of -way of Christensen Road shall be for the joint use of the hotel users and members of the public and at least four(option2) I seven(option3) spaces shall be designated for non -hotel users to ensure access to the Green River Trail for members of the public. If the final design of the hotel is for less than 92 rooms, then any additional spaces after calculating one space per room plus two spaces shall be designated for non - hotel users. Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Section 10. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under Shoreline Substantial Development Permit and Design Review. Nothing in this 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 Existing Land Use Regulations. Section 12. Existing Land Use Fees and Impact Fees. A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in Chapters 16.26 and 9.48 of the Tukwila Municipal Code. IV. GENERAL PROVISIONS Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of the Developer and the City. 1 146 Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and /or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the Developer fails to submit a complete building permit application for the construction of the hotel within one year, or if the Project construction is not completed within three years, of the effective date of this Agreement; or if at any time after Project construction is completed, Developer fails to maintain the parking areas according to the terms of this Agreement. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. B. This 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 identified in this Agreement, or submits applications for development of the Subject Property that are inconsistent with such permits and approvals. C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park East, or at such time as 90 Andover Park East is redeveloped. D. This Agreement shall terminate in the event the Washington State Department of Transportation (WSDOT) widens Interstate 405 in the vicinity of the Subject Property, or should any other project or condition arise that requires reconfiguration of Tukwila Parkway and /or the Project parking area. E. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if /when written notice is provided to the City that the Developer's interest in the Project has been terminated. Said notice shall be given to the City no more than 30 days after the Developer's interest in the Project is terminated. F. This Agreement may terminate pursuant to Section IV.,3, Severability, or Section IV.,10, Default, or as otherwise outlined in this Agreement. G. If the use will continue upon expiration of the term of this Agreement, the Developer shall either negotiate a new agreement with the City or provide documentation showing how the number of parking spaces required by the codes at the time of expiration will be provided. N 147 Section 5. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the 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 map or other land use entitlements approved with respect to the Subject Property, any other conditions of any other development specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. Section 6. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this 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 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section S. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution. A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have 30 days from receipt of written notice in which to cure the alleged breach unless the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the cure period, or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the ,30 -day period or other time period as agreed to by the Parties, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce N. .; the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Development Agreement and the Code. Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 12. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are not other agreements, oral or written, except as expressly set forth herein. Section 13. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 14. Covenants Running with the Land. The conditions and covenants set forth in this 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, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject 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 Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see RCW 36.7O13.200). However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the City Council from making any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the Subject Property. Section 16. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. 4 Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as designated in Section 5. Notice to the City shall be to the attention of both the Mayor's Office and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the Project, are paid to the City. This Agreement shall be terminated if the Developer does not pay to the City the fees provided for in this section. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within 30 days from the City's presentation of a written statement of charges to the Developer Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City and Developer will collaborate to resolve such legal action. In the event such legal action cannot be resolved, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and /or Landowner(s). In such event, Developer and /or such Landowners shall hold the City harmless from and defend the 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. Neither the City nor the Developer and /or Landowner shall settle any lawsuit without the consent of the other. The City and Developer/Landowner shall act in good faith and shall not unreasonably withhold consent to settle. Section 21. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 22. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 23. Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than 14 days after the Effective Date. 10 150 Section 24. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: LIM By Its Managing Member Its Mayor Tukwila TSD LLC 2110966 1h Avenue South Kent, WA 98032 ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney STATE OF WASHINGTON) ss. COUNTY OF ) On this day of , 2015, before me personally appeared , to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 11 151 STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of , 2015, before me personally appeared , and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged as the of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 12 152 Exhibit 1 Exhibit 1: Legal Description Legal Description shall be revised based on the final decision by City Council. 153 Exhibit 2 (Option 2) OPTION 2 — CUL DE SAC INTO LANDSCAPING EXISTING CURB LINE i TUKWILA PARK LANDSCAPING t` � 1 \ t nd-P � _ OF SI BAR CIN S AC a PST I a ............... ........... I I PATIO: ?::# I r\ N ............................. O N W U Q H N r10TEL g TYPICAL PARKING Cua _ .........CE 5 -STORY . ' ' I °w � Q . ..: 59, 170 5Q. FT. W w 9UNI � I o Q O a w vai j z I I ti¢ Z li z o Q nn Q 4 ¢ N o N Lzo z wY a PROPERTY LINE ............................... .............. I V J:::::..................... ¢ ¢ N w I I � W � u z Cy- Em w > I 53 ONSITE PARKING Cr SPACES 4� OFFITE PAR NG z N I C C C C C C C C C C C C C C C C C C I x w a rn U: LANDSCA w SITE PLAN - OPTION 2 1"= 50' -0" N 53 ONSITE PARKING SPACES 45 OFFSITE PARKING SPACES 98 TOTAL HOLIDAY INN XPRESS TUKWILA, WA TUKWILA TSD L.L.C. Da�e �weenecJ. ARCHITECT 5715 143rd Place S.E. Bellevue, WA 98006 425 - 260-8969 1/22/15 154 OPTION 3 - CUL .DE SAC INTO PARKING N Q W Y r' Q a w 0 0 z Q PROPERTY LINEI EXISTING CURB LINE TUKWILA PARK SITE PLAN - OPTION 3 53 ONSITE PARKING SPACES 48 OFFSITE PARKING SPACES 101 TOTAL Exhibit 2(Option3) HOLIDAY INN XPRESS TULWILA, WA TUKWILA TSD L.L.C. Da�ejweenecJ. ARCHITECT 5715 143rd Place S.E. 6e11ewa, WA 98006 425- 260 -8969 1/22/15 155 156 City Of Tukwila • Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes February 23, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: David Cline, Rick Still, Bob Giberson, Dave Johnson, Jack Pace, Nora Gierloff, Minnie Dhaliwal, Rachel Turpin, Laurel Humphrey Guests: David Kwok, Thomas Kennedy, Dale Sweeney, Brook Alford CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Development Agreement for Proposed Hotel at 90 Andover Park East Staff is seeking Council approval of a development agreement with Tukwila TSD LLC for a new five story hotel at 90 Andover Park East with approximately 90 rooms. The development agreement would waive the parking requirement of one space per room in lieu of a proposal for shared parking and drive aisle area in the Christensen Road right -of -way. When this item was originally presented to the CAP Committee in November 2014, the agreement included a provision for the developer to develop and maintain a pocket park in the adjacent cul -de -sac in exchange for the use of the right -of -way. On December 1, 2014 the Committee of the Whole referred this matter back to Community Affairs and Parks with the intent for the Committee to review additional information regarding the proposal's compliance with the Shoreline Master Program (SMP), as well as review of the parking needs of recreational trail users. Since that time the developer has proposed two additional options for compensation, and the Park Commission has reviewed these as well. To organize the issues at hand, staff asked the Committee the following questions: 1) Does the proposal comply with the City's shoreline regulations? Staff confirmed that the conceptual site plan meets shoreline use, site setback and site configuration requirements. Further review by the City and the Department of Ecology will occur when the construction plans are submitted. 2) Does the City want to allow use of public right -of -way for shared parking for the hotel? Committee members expressed support for this development and the plan to share parking. 3) How many parking spaces should be shared and how many should be guaranteed for trail users? Committee members and staff discussed this at length with an emphasis on ensuring sufficient parking for trail users, including evening hours. While the current proposal guarantees four dedicated recreational spots, trail users are allowed to use any available spot in the shared parking area which is currently designed to have 45 spots. Based upon current trends and experience with its other hotels, the developer believes that parking demand will be less than one car per room, and there will be ample parking for both guests and trail users. The Committee did not make a firm recommendation on the number of dedicated parking spaces, but ultimately requested that if the number of proposed hotel rooms is reduced in the final plan, that additional parking spots be dedicated to trail use. 157 Community Affairs & Parks Committee Minutes February 23, 2015 - Pape 2 4) What is the appropriate compensation to the City for shared parking in the right - of -way? Since the Council last reviewed this proposal the developer has prepared the following options: Option 1: Develop and maintain a public pocket park in the existing cul -de -sac, with $10,000 payment to the City. Option 2: Replace the asphalt in the cul -de -sac area with landscaping, with a $93,849 payment to the City. Option 3: Convert the cul -de -sac into parking area, with a $145,897 payment to the City. All three options cost the developer $186,037, none present a negative financial impact to the City, and the pedestrian connection from Andover Park East is not affected in any scenario. Staff recommends option 2 because the City will receive monetary compensation, impervious surface in the shoreline zone is reduced, vegetation is added, and the City retains the flexibility to construct the pocket park in the future if it desires. The Park Commission has also been briefed on the proposal and while it is supportive of the proposed pocket park, at its February meeting it unanimously voted to reject Option 3. The Committee discussed the merits of each, and options 2 and 3 emerged from this discussion without full agreement. The Committee asked that a development agreement be drafted including options 2 and 3 for Committee of the Whole discussion. The issue of how the monetary payment to the City will be dedicated is a separate matter requiring discussion another time. Committee members expressed preliminary support for dedicating those funds to shoreline restoration activities on this reach of the river. COMMITTEE DIRECTION TO FORWARD DEVELOPMENT AGREEMENT INCLUDING OPTIONS 2 AND 3TO COMMITTEE OF THE WHOLE. B. Ordinance: Medical Cannabis Collective Gardens and Dispensaries Moratorium Staff is seeking committee direction on the development of an ordinance relating to the moratorium on medical cannabis collective gardens and dispensaries. The current moratorium is set to expire on May 27, 2015, and it is still unknown whether the State Legislature will take any action on new or clarified regulations in its current session. The Committee was asked to choose between renewing the current moratorium or directing staff to develop a new ordinance prohibiting medical cannabis collective gardens and dispensaries, which would then be sent to the Planning Commission for review. If the latter, the City could choose to revisit the issue if either the Federal or State government makes changes to the legal or regulated status of medical cannabis. Committee members discussed the option and unanimously asked staff to draft an ordinance that would renew the moratorium including a provision to be in effect until six months after the close of the legislature. The separate issue of appropriate penalties for violation of the moratorium is on the Committee work plan to be discussed at a future date after additional research has been completed. Regarding recreational marijuana, staff noted that no licenses have been issued by the Washington State Liquor Control Board for recreational marijuana producers, processors or retailers within the City. None of the 19 proposed applications meet the zoned criteria for such uses. UNANIMOUS APPROVAL. FORWARD ORDINANCE TO RENEW MORATORIUM TO COMMITTEE OF THE WHOLE. 158 ➢ Arts Commission: I st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ Civil Service Commission: 1 st Mon., 5:00 PM, Hazelnut Conf Room. Contact Kim Gilman at 206 - 431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf Room Meeting Cancelled. ➢COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206 - 431 -2197. ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206- 433 -1868. ➢Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room. ➢ Library Advisory Board: I st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 - 767 -2342. ➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Transportation Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room. ➢Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59s' Avenue S. Contact Joan Hernandez at 206- 248 -0260. > Tukwila Int'l. Blvd. Action Crate: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206 - 433 -1815. ➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room. (A) NPDES Program 2014 Annual Report and 2015 Surface Water Management Program (SWAP) Plan. (B) Fort Dent Park BNSF Sewer Relocation Consultant Agreement. (C) Interurban Water Reuse Reclaimed Water Service & Use Agreement with Starfre Sports. 159 I March April 160 Tentative Agenda Schedule 0 6 Special Presentation: 2014 Police Department Annual Report. Appointments/ Proclamations: - Commission and Board Appointments - Proclamations: Earth Day Arbor Day National Volunteer Day Unfinished Business: An ordinance updating TMC 3.32 regarding unbudgeted equipment or fixed assets. 9 See agenda packet cover sheet for this week's agenda (March 9, 2015 Committee of the Whole Meeting). 13 16 Unfinished Business - An ordinance providing for the issuance of $6,250,000 Limited Tax General Obligation (LTGO) Bonds for arterial streets. -An ordinance amending ordinance nos. 2464 and 2465 to conform debt service payment dates. - Authorization to spend Lodging Tax funds for street pole banners. -An ordinance updating TMC 3.32 regarding unbudgeted equipment or fixed assets. -An Interlocal Agreement extending Animal Control Services. 20 Special Presentation: Watershed -based restoration and salmon recovery in Tukwila (WRIA9) 23 Special Issues - An ordinance updating TMC 3.32 regarding unbudgeted equipment or fixed assets. - Discussion and consensus on Sound Cities Association Public Issues Committee (SCA PIC). Committee of the Whole to be followed by a Special Meeting. 27 Special Presentation: State of the Municipal Court. Public Hearing: -An ordinance relating to medical cannabis moratorium. Special Issues: -An ordinance relating to medical cannabis moratorium. - Discussion and consensus on Sound Cities Association Public Issues Committee (SCA PIC) Items.