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Home My WebLink AboutReg 2015-10-19 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ REGULAR MEETING ❖ Jim Haggerton, Mayor Counci /members: • :- Joe Duffie • :- Dennis Robertson David Cline, City Administrator Allan Ekberg • :- Verna Seal Kate Kruller, Council President Kathy Hougardy De'Sean Quinn Monday, October 19, 2015; 7:00 PM • Ord #2483 • Res #1866 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL Update on Green Dot Campaign. Jill Braun, Deputy Director of DAWN PRESENTATION (Domestic Abuse Women's Network). 3. APPOINTMENT Confirm the appointment of Pastor Janice Bolerjack to Position #6 on the Pg.1 Community- Oriented Policing Citizens Advisory Board (COPCAB), with a term expiring March 31, 2018. 4. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (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. 5. CONSENT a. Approval of Minutes: 10/5/15 (RegularMtg.) AGENDA b. Approval of Vouchers. c. Authorize the acceptance of a grant from the Washington State Pg.7 Department of Transportation to be used for the Cascade View Elementary Safe Routes to School — Phase II Project in the amount of $838,950.00. [Reviewed and forwarded to Consent by the Transportation Committee on 1015115.] d. Authorize the Mayor to sign amendment #1 to contract #15 -079 with Pg.21 The Futures Corporation to add the Human Resources Strategic Plan to the scope of work in the amount of $25,000.00 (total contract not to exceed $50,000.00). [Reviewed and forwarded to Consent by the Finance and Safety Committee on 1016115.] e. An ordinance granting a non - exclusive franchise to Puget Sound Pg.33 Energy, Inc., a Washington corporation, to construct, install, replace, maintain, repair, and operate electric light, power, and natural gas systems in, upon, over, under, along, across, and through the franchise area; repealing Ordinance Nos. 471 and 1178. [Reviewed and forwarded to Consent by the Utilities Committee on 10113115.] f. Authorize the acceptance of grant amendment No. 2 to agreement Pg.57 #14 -102 with the Washington State Recreation and Conservation Office (RCO) to be used for the Duwamish Gardens Project in the amount of $200,000.00. (The City match of $200,000.00 to be provided from previously- awarded non -RCO grant funds.) [Reviewed and forwarded to Consent by the Utilities Committee on 10113115.] (cont) (continued...) REGULAR MEETING Monday, October 19, 2015 Page 2 5. CONSENT g. Authorize the Mayor to sign the Real Estate Exchange and Purchase Pg.69 AGENDA Agreement and Indemnity Agreement with Amalfi Investments, LLC, for (cont.) a property exchange within the Duwamish Gardens Project location, in the amount of $7,200.00. [Reviewed and forwarded to Consent by the Utilities Committee on 10113115.] h. Award a bid to Michels Corporation for construction of the 2015 Central Pg. iii Business District Sanitary Sewer Rehabilitation Project in the amount of $528,464.52 (plus contingency), and authorize the Mayor to sign the contract. [Reviewed and forwarded to Consent by the Utilities Committee on 10 /13 /I5.] i. Award a bid to Olson Brothers —Pro Vac, LLC, for construction of the Pg. iii 2015 Sanitary Sewer Manhole Rehabilitation Project in the amount of $105,068.10 (plus contingency), and authorize the Mayor to sign the contract. [Reviewed and forwarded to Consent by the Utilities Committee on 10 /13 /I5.] 6. UNFINISHED a. A resolution expressing support for King County Proposition No. 1, the Pg.123 BUSINESS regular property tax levy for Children, Youth, Families and Communities. Title: King County Proposition No. 1 — Regular Property Tax Levy for Children, Youth, Families and Communities. Public comments will be accepted Q b. Impact fee deferrals: Pg.127 1) An ordinance amending Ordinance No. 2305 §3, as codified at Pg.129 Tukwila Municipal Code Section 9.48.060; providing a process for the deferral of transportation impact fees to encourage residential development within certain portions of the Southcenter area of the City. 2) An ordinance amending Ordinance No. 2366 §1 (part), as codified Pg.133 at Tukwila Municipal Code Section 16.28.040; providing a process for the deferral of parks impact fees to encourage residential development within certain portions of the Southcenter area of the City. 3) An ordinance amending Ordinance No. 2365 §1 (part), as codified Pg.137 at Tukwila Municipal Code Section 16.26.040; providing a process for the deferral of fire impact fees to encourage residential development within certain portions of the Southcenter area of the City. (coat.) (continued...) REGULAR MEETING Monday, October 19, 2015 Page 3 6. UNFINISHED b. Impact fee deferrals (continued): BUSINESS 4) A resolution repealing Resolution No. 1845; adopting a consolidated Pg.141 (coat.) Permit Fee Schedule; and providing for a building permit fee deferral process to encourage residential development within certain portions of the Southcenter area of the City. c. Update on Regional Fire Authority Annexation Steering Committee. Pg.153 7. NEW BUSINESS S. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.177 Cl. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.aov, 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 Meetin ,g Date Prepared by Mayor re vi jai Council revieav 10/19/15 CT ITEM INFORMATION ITEMNO. 9 I Si',AF SPONSOR: MAYOR HAGGERTON ORIGIN:IL AUL;ND.A D.\,1'I�.: 10/19115 A( ;FND.1 ITF.tit T1T1,F Community Oriented Policing Citizen's Advisory Board Appointment Cx1,1,1GORY ❑ Discussion Rltg Date ❑ Motion lTtg Date 1O� I9 ❑ Resolution Altg Date ❑ Ordinance Mtg Date ❑ BidAvard �11tg Date ❑ Public F1earing Mtg Date ❑ Other lltg Date SPONSOR ❑ Council ® Mayor ❑ I-IR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIV SPONSOR'S Appointment of Pastor Janice Bolerjack to Position #6 of the Community Oriented Policing Sunl,\r�vR�° Citizen's Advisory Board ( COPCAB) RI?.\'IFAXt;D BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A CONIMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR /At)MIN. Confirm Appt. to COPCAB COM,N11- 171"IF N/A COST IMPACT/ FUND SOURCE EXPtNDITURi: Rt?QUIRL:D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated October 5, 2015 2 TO: FROM: DATE: SUBJECT: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 -2544 INFORMATIONAL MEMORANDUM CITY COUNCIL MAYOR HAGGERTON OCTOBER 5, 2015 Jim Haggerton, Mayor APPOINTMENT TO THE COMMUNITY ORIENTED POLICING CITIZEN'S ADVISORY BOARD ISSUE Position #6 on the Community Oriented Policing Citizen's Advisory Board is currently vacant. Civil Service Commission Position #6: This position for a business representative is currently vacant. I am pleased to forward you an application from Janice Bolerjack, Pastor at Riverton United Methodist Church for the past 8 years. Pastor Bolerjack is actively involved in our local community including working at the Tukwila School District as a substitute teacher. I am recommending that she be appointed to Position #6 of the Community Oriented Policing Citizen's Advisory Board. Her term will expire March 31, 2018. If you have any questions regarding this appointment, please let me know by noon on Tuesday, October 13, 2015. RECOMMENDATION I am recommending the appointment of Pastor Janice Bolerjack to the Community Oriented Policing Citizen's Advisory Board at the October 19, 2015 Council Meeting. Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov rd City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433 -1800 Fax: (206) 433 -1833 RECEIVED Email: BoardsCommsatukwilawa.gov Website: www.tukwilawa.gov Application for Appointment BOARDS AND COMMISSIONS Please complete the ENTIRE application form. Applicants may attach a cover letter and /or a resume totaling no more than three pages. �Ot -e r�4C.K- DATE: S_/Z_0 1-57 NAME: 4crr � S 6t Y-\ \ C-e. Last .00 6934& ADDRESS: 13UZ N t' k r AA J Street MAILING ADDRESS (if different): HOME PHONE: Wf- V 6t2-S bye First M.I. TOVWII C�_ 951 (08 City Zip CELUMOBILE PHONE: 2- S � q9 EMPLOYER:616d M� a�►s� 61(JE -MAIL: 1QnWl @ao,, Covet Please check all that apply to you within the City of Tukwila limits: 0 Resident P4 Business Owner /Representative ❑ School District Representative ❑ High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: BOARDS & COMMITTEES: ❑ Arts K Community Police Advisory ❑ Civil Service ❑ Human Services ❑ Equity & Diversity ❑ Library ❑ Parks ❑ Sister Cities ❑ Planning ❑ Lodging Tax ❑ Other /Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS7)?1 Yes ❑ No If "yes", please list: LvY,ren�l ov) 4Qy'ngn SrrV(ce5 AdVt5oC AVAILABLE TO ATTEND MEETINGS: N Daytime QrEvenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): ❑ FOR CITY USE ONLY: IATTERVIEW DATE: APPbINTER; Cl Tea 0 No TERM EXPO ES: 5 Profeessional/Community Activities - - -f Activities(organizations, clubs, service groups, etc): a3� oY a-' eVe4yn zaDAFL UY1tyMA-�cuj lSt f blurrk - -4 V' OCt_5% v? 0, V-5 S J05-�A y±e + ea c L e r a+ TLLV-w l lCt C'kQ61 b IS TAI CT t t V'.e ill n t-a1 J v1 I 4-tl 61A Va Vr 1 n LA-'; 'D t> Hobbies/interests: CO h AAJ Y �l o h 5� r ` v r 0L 1 YP�0.�on51�t�� 5At2 t'\0wt.PI p h"SS ,7rPVPV, �It)n . Qualifications as related to this position: ( cll IZf UVAM V+'11 `W V1R2_ r I e Y V) vlg 0V% WLry\,v► !:�p.Y 11rrg< &A ISVrJ &6Yr _ W nyt Wlt� PeAre 4- C-iy to Af`oLtA� i. o ,,14- kv Other comments /additional information for consideration: Appiication for Appointment Boards & Commissions Page 2 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meetiqu Date Prepared by Mayor's review Council review 10/19/15 BG ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR [:]Council ❑ Mayor ❑ HR ❑ DCD ❑Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S The City was awarded $838,950.00 from the 2015 -2017 WSDOT grant with federal funds SUM1bIARY for the Cascade View Safe Routes to School Project Phase II. Improvements will include sidewalks on 33rd Ave South and South 140th St and a traffic circle. The City match requirement is $89,000, of which $37,242.00 has already been received from a developer's mitigation for frontal improvements. Council is being asked to accept the Washington State Department of Transportation grant with federal funds for $838,950.00. RFwIEWI D BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/05/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMI'rfl -r, Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE, RI QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PG 3, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 ITEM INFORMATION ITEM NO. 5.C. STAFF SPONSOR: BOB GIBERSON ORIGINAI.AGE..,NDA DATE: 10/19/15 AGENDA ITEM TITLE Cascade View Safe Routes to School Phase II Acceptance of Washington State Department of Transportation (WSDOT) Grant CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 10119115 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR [:]Council ❑ Mayor ❑ HR ❑ DCD ❑Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S The City was awarded $838,950.00 from the 2015 -2017 WSDOT grant with federal funds SUM1bIARY for the Cascade View Safe Routes to School Project Phase II. Improvements will include sidewalks on 33rd Ave South and South 140th St and a traffic circle. The City match requirement is $89,000, of which $37,242.00 has already been received from a developer's mitigation for frontal improvements. Council is being asked to accept the Washington State Department of Transportation grant with federal funds for $838,950.00. RFwIEWI D BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/05/15 COMMITTEE CHAIR: JOE DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMI'rfl -r, Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE, RI QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 103 RESIDENTIAL STREETS (PG 3, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated 10/02/15 Map of Plan Sheet Award Letter from WSDOT Minutes from the Transportation Committee meeting of 02/10/14 Minutes from the Transportation Committee meeting of 10/05/15 N City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: October 2, 2015 SUBJECT: Cascade View Elementary Safe Routes to School — Phase II Project No. 91210301 Acceptance of WSDOT Safe Routes to School Grant ISSUE Accept a Safe Routes to School Grant award of federal funds from the Washington State Department of Transportation ( WSDOT) in the amount of $838,950. BACKGROUND Walking routes for students to Cascade View Elementary School include unimproved roadway segments that do not currently have sidewalks or other safety enhancements. The City was successful in receiving grant funds to construct a trail that connected S 1401h St to 32nd Ave S as the first phase of improvements. Phase II will add improvements along S 140th St and 33rd Ave S that will directly connect the previously constructed trail and will provide safer walking routes for students throughout the neighborhood. A development on 33rd Ave S has provided mitigation funding that will be used to provide a portion of the required City matching funds. DISCUSSION The successful acquisition of the Cascade View Elementary Safe Routes to School — Phase II grant will allow the City to construct improvements on 33rd Ave S (S 14011 St to S 14411 St) and on S 140th St (Military Road to 34th Ave S) that will include: curb, gutter and sidewalk on one side of the street, a traffic circle at the intersection of 33rd Ave S/S 1401h St, ADA compliant curb ramps and curb extensions and a pedestrian refuge island with the traffic circle (see attached Plan Sheet). FINANCIAL IMPACT The total estimated project construction cost is $927,950. City required matching funds total $89,000. No Education /Encouragement/Enforcement components were proposed as those efforts were included in Phase 1 of the Cascade View Safe Routes to School Project. Phase II is currently scheduled after 2021, so a budget amendment will be proposed to Council to fund Phase II in 2016 for the remaining City match of $51,758.00. Proiect Funding Cascade View Elementary Safe Routes to School — Phase II Grant $ 838,950.00 City Funds — CIP Sheet 3 51,758.00 Matching Funds — Mitigation Received (Orcas Homes Development) 37,242.00 Total $ 927 950.00 RECOMMENDATION Council is being asked to accept the grant award from WSDOT in the amount of $838,950.00 for the Cascade View Safe Routes to School — Phase II Project and consider this item on the Consent Agenda at the October 19, 2015 Regular Meeting. Attachments: Google Earth Pro -Plan Sheet Award Letter from WSDOT Transportation Committee Minutes 02 -10 -14 with page 3, 2015 CIP W9PW Eng1PROJECTSIA- RW & RS Projects\Safe Routes to School -Cascade View (91210301)1Grantllnfo Memo Grant Accept Phase 11 10-02-15 gl.docx E 10 Cascade View SRTS s Zoo 900 i � • r • 11 12 RECEIVED SEP 2 8 2015 Washington State TU KWILA Transportation Building VA# Department of TfransportatiPOBLiC WORKS 310 Maple Park Avenue S.E. P.O. 7309 pox 504-7300 Lynn Peterson 360- 705 -7000 Secretary of Transportation TTY' 1-800.-833-6388 September 25, 2015 www.wsdot.wa.gov Mr. Bob Giberson Public Works Director City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 -2545 Cascade View Elementary Safe Routes to School Project 2015 -17 New Law — Connecting Washington Safe Routes to School Program � (( Federal Funding Dear Mr. G- be�fson: WSDOT is pleased to advise you that the above mentioned project was recently selected to receive funding through the Safe Routes to School program. The federal funding is limited to the amount shown below: Project Name: Cascade View Elementary Safe Routes to School Project $838,950 Scope: See attached Project Summary. In order to meet state requirements, the following are required: • Reporting of benefits and expenditures for transit, bicycle and pedestrian elements as required. (see attached) • Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. • Please refer to the Local Programs web page for detailed authorization information, including: ( http:// www .wsdot.wa.aov /localprograms /) ✓ Local Agency Guidelines (LAG) manual for detailed requirements; ✓ Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) amendments, as applicable; ✓ Funding and billing forms; ✓ Quarterly Project Report required to be completed by the end of March, June, September and December each year. To access the database you will need an account name and password. Your account name is Tukwila and your password is Tukwi785. The password is case sensitive. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible expenditures. For assistance please contact Ed Conyers, your Region Local Programs Engineer, at 206.440.4734. Sincerely, Kathleen B. Davis Director Local Programs KBD:st:sas cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82 -121 13 Connecting Washington Projects — Reporting Requirements 1. At Contract Award — report the estimated cost to implement any transit, bicycle or pedestrian project elements. 2. Annually, report separately on amounts expended and the funds utilized to benefit transit, bicycle and pedestrians. To assist in approximating the amount of funding spent on a contract, below are some types of work for each of the elements: Transit elements, such as: ✓ Bus pullout ✓ Direct Access On/Off ramp ✓ HOV/HOT Lane ✓ Park and Ride Lot ✓ Transit stops /shelters ✓ Business Access & Transit (BAT) lanes Bicycle elements, such as: ✓ ' Stand -alone /separate path ✓ Shared use path (50% bicycle /50% pedestrian) ✓ Drainage systems associated with the path (ignore if incidental) ✓ Joint use shoulder including pavement marking & signage (shoulder was widened for bicycles to travel on) ✓ Bike lane on bridge (% based on width of lane to total bridge width) ✓ Bike racks on buses, at trailheads, on local routes or schools ✓ Bike parking stations ✓ Bike share projects ✓ 'Roadway reconfiguration (road diets) (50% bicycle /50% pedestrian) • Raised crosswalk/intersection (50% bicycle /50% pedestrian) • Curb extensions (bulb out) (50% bicycle /50% pedestrian) Pedestrian elements, such as: ✓ Sidewalk and trails or walking path ✓ Shared use path (50% bicycle /50% pedestrian) ✓ Curb and gutter for sidewalk ✓ Drainage systems associated with the path (ignore if incidental) • Sidewalk on bridge (% based on width of sidewalk to total bridge width) • Electronic Walk Sign with audio speaker (APS) • Lighting at pedestrian crossing ( if easy to break out of illumination system ) ✓ Pedestrian lighting ✓ Crosswalk pavement markings and signage ✓ ADA accessible curb ramps ✓ Roadway reconfiguration (road diets) (50% bicycle /50% pedestrian) ✓ Raised crosswalk/intersection (50% bicycle /50% pedestrian) ✓ Curb extensions (bulb out) (50% bicycle /50% pedestrian) ✓ Refuge Islands WSDOT —local Programs 14 Project Summary Program: Safe Routes to School Date: September 2015 Agency: City of Tukwila Project Title: Cascade View Elementary Safe Routes to School- Phase II Project Description: The project includes sidewalk, curb, gutter, traffic circle, curb extensions, and curb ramps. Detailed Project Description: 1. Installs 2700 linear feet of 6 -foot wide sidewalk with curb and gutter on the east side of 33`d Ave S (S 1401h St to S 1441h St) and on the north side of S 1401h St (Military Rd S to 34th Ave S) ; 2. Installs a traffic circle at the intersection of 33`d Ave S and S 140th St; 3. Installs curb extensions and pedestrian refuge island at the east entrance /exit to the traffic circle at S 140th St and 33`d Ave S; 4. ADA compliant curb ramps. Project Schedule: Project Definition 07/2015 Begin Design 07/2015 NEPA /SEPA Kick Off 09/2015 Environmental Documents Approved 02/2016 Right -of -Way Started N/A Right of Way Complete (certification) N/A Geometric /30% Design Complete 09/2015 Estimated Contract Ad 04/2016 Estimated Contract Award Date 05/2016 Open to Public (operationally complete) 09/2016 Proiect Cost and Award Amount: Phase Total Project Cost Amount Requested Amount Awarded Preliminary Engineering $134,144 $105,000 $105,000 Right -of -Way N/A N/A N/A Construction $793,806 $733,950 $733,950 Total $927,950 $838,950 $838,950 Page 1 of 1 15 16 Transportation Committee Minutes February 10, 2014 - Page 2 53`d Avenue South (South 137th Street to South 144 t Street). Staff is seeking approval to apply for a $1 million dollar WSDOT Pedestrian and Bicycle Program grant. This residential street improvement project is scheduled for design in 2015, Staff indicated that the CIP project descriptions for Residential, Surface Water, and Water would be updated. Cascade View Safe Routes to School - Phase II (33`d Avenue South /South 140"' Street). Staff is seeking approval to apply for $750,000.00 in WSDOT Safe Routes to School funding. This funding does not require a City match, but if City funds are demonstrated the application becomes more competitive. The Committee requested that staff identify City matching funds. Phase II of this project will include the construction of a roundabout and new sidewalks. UNANIMOUS APPROVAL TO PROCEED WITH GRANT APPLICATIONS. III. SOUTH COUNTY AREA TRANSPORTATION BOARD (SCATBD) Meeting Bob Giberson attended the March 18, 2014 meeting, noting the discussion on oil transportation safety, which has been a growing issue of concern for cities. Councilmembers and staff discussed the growing concern for rail oil transport, particularly with regard to the BNSF intermodal yard in Allentown and any potential future expansion of that facility. BNSF has stated a commitment to purchasing 5,000 new tanker cars that have been designed with improved safety features for the transport of oil. Staff mentioned the current negotiations toward an agreement with BNSF, which will take into account public and Council input. INFORMATION ONLY. IV. MISCELLANEOUS In light of recent public comment regarding the sidewalks on the South 144`h Street Bridge (over I- 5), Staff noted that in 2013, funding from PSRC Transportation Alternatives was applied for but not awarded. Staff will continue to develop the proposal for this project and seek funding opportunities as they arise. The S 144th St bridge is owned by WSDOT and proper coordination is essential. Staff noted that a meeting was recently held with Riverview Plaza owners regarding the alignment plan for the Tukwila Urban Center Pedestrian Bridge. They were pleased to know the City is considering multiple options. Meeting adjourned at 6:51 p.m. Next meeting: Monday, April 14, 2014 Committee Chair Approval Minutes by LH, Reviewed by GL. 17 i TO: FROM: BY: DATE: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director Robin Tischmak, City Engineer March 21, 2014 SUBJECT: Strander Boulevard Extension /53 d Ave S /Cascade View Safe Route Phase II Project Nos. 98610403, 99110301, 91210301 Grant Applications ISSUE Authorize the submittal of grant applications for federal and state transportation funds. BACKGROUND The USDOT announced TIGER FY 2014 grant applications are due on April 28, 2014. PSRC is overseeing the regional and countywide competitive process for federal transportation grants. The regional grant applications are due on April 8, 2014 and the countywide applications are due May 7, 2014. WSDOT has announced that Safe Routes to School grant applications are due on May 5, 2014. DISCUSSION Strander Boulevard Extension Project: Final Phase TIGER FY grant 68% PSRC /FHWA grant FMSIB (pledged) TIB /Renton /Tukwila Match $37,000,000 $25,000,000 $5,000,000 $5,000,000 $2,000,000 53rd Ave S (S 137th St to S 144thSt) Project Total City 103 Fund Pedestr an57c-y-c-i-e-7 Surface Water Fund Water Fund $4,168,000 $451,000 $1,000,000 $1,557,000 $1,160,000 Cascade View Safe Routes to School - Phase II (33rd Ave S/S 140th St) Project Total City 103 Fund Safe Routes to School Developer Contribution $839,000 $89,000 $750,000 Future potential from nearby short plat RECOMMENDATION Committee approval to submit grant applications for the grant funds listed above. Attachments: Strander Blvd /SW 27`h St Extension, CIP page 31 53rd Ave S, CIP pages 6, 90, and 65 Cascade View Safe Routes to School, CIP page 3 W APW Eng \OTHER \Grant Applications\2014 \INFO MEMO 2014 Grant Apps TC 03- 24- 14.docx CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2016 to 2021 PROJECT: Cascade View Safe Routes to School Project No. 91210301 Construct an off - street, paved shared use path, sidewalks, and a traffic circle at 33rd Ave S and S 140th St. DESCRIPTION: This route was identified in the Walking Audit prepared for the Cascade View school zone. S 140th St is one of the high priority missing sidewalk areas prioritized as part of the Walk and Roll Plan. JUSTIFICATION: Enhance safety for students walking to Cascade View Elementary School and encourage transportation choices for Cascade View neighborhood residents. STATUS: Phase I is construction of an off - street, paved shared use path between S 137th St and S 140th St. Phase II includes a traffic circle at 33rd Ave S/S 140th St. Also includes sidewalks on the east side of 33rd Ave S between S 140th St & S 144th St and the north side of S 140th St between Military Rd S and 34th Ave S. MAINT. IMPACT: New trail, traffic circle, and sidewalks will need to be maintained. COMMENT: WSDOT Safe Routes to School State grant for $428K for Phase I. Funding for Phase II in beyond will be part of a future grant application. FINANCIAL Through Estimated (in &nnn'q► 2n1a 2n15 2016 2017 2018 2019 2020 2021 BEYOND TOTAL EXPENSES Phase II Design 59 29 183 271 Land (R/W) 65 65 Const . Mgmt. 46 45 126 217 Construction 247 90 530 867 TOTAL EXPENSES 417 1 164 1 01 01 01 01 01 01 839 1 1,420 FUND SOURCES Awarded Grant 368 29 397 School District Grant Portion 29 29 Proposed Grant 750 750 Mitigation 37 37 City Oper. Revenue 49 106 0 0 0 0 0 0 52 207 TOTAL SOURCES 417 164 0 0 0 0 0 0 839 1,420 Draft 2016 - 2021 Capital Improvement Program 3 19 I S 156 St St GIS 160 St I Draft 2016 - 2021 Capital Improvement Program 3 19 City of Tukwila Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes October 5, 2015 — 5:15 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Joe Duffle, Chair; Allan Ekberg, Dennis Robertson (Absent: Kathy Hougardy) Staff: David Cline, Bob Giberson, Pat Brodin, Frank Iriarte, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:17 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. WAPA Best City Paving Award: Overlay and Repair — East Marginal Way South Staff shared with the Committee that the City received the Washington Asphalt Pavement Association (WAPA) Best City Paving Award for the Overlay and Repair — East Marginal Way South (South 81St Place to South Norfolk Street) Project. This project was selected over 13 other paving projects in Western Washington. The project scope included pavement repairs and an asphalt overlay, new pavement markings, pedestrian safety upgrades, and storm water improvements. INFORMATION ONLY. B. Grant Acceptance: Cascade View Safe Routes to School — Phase II Staff is seeking Council approval to accept a Safe Routes to School Grant award from WSDOT in the amount of $838,950.00 for the Cascade View Safe Routes to School — Phase II Project. Phase II of this project will add improvements along South 140th Street and 331 Avenue South that will connect the trail constructed in Phase I and provide safer routes throughout the neighborhood. The total construction cost is $927,950.00, and a budget amendment will be proposed to fund Phase II for the required City match. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. C. Public Comment: TUC Pedestrian - Bicycle Bridge over Green River Public comment is being accepted at this committee meeting and at the October 12, 2015 Committee of the Whole on the proposed fill and excavation to the Christensen Road Property for the Tukwila Urban Center Pedestrian /Bicycle Bridge over Green River. In this project the Green River Trail will be widened from the bridge landing point westerly to Christensen Road. Mitigation for this fill is best located on the Christensen Road Property, which is designated as a Section 4(f) facility per the US Department of Transportation Act of 1966. The Committee acknowledged the de minimus use of public park and habitat restoration property, which means that activities, features or attributes of the property will not be adversely affected. FORWARD TO OCTOBER 12, 2015 COMMITTEE OF THE WHOLE. 20 COUNCIL AGENDA SYNOPSIS - - - -1 nitials Meetin Date P- Pared by Mgyor 'j- m)ie) Council review 10/19/15 sb ITEM INFORMATION ITEM NO. 5.D. 21 Srnrl� SPONSOR: STEPHANIE BROWN 10/19/15 A(II;N1).\ I'll :nn TI, rj,i Contract Amendment with the Futures Corporation Cx n?CiORY ❑ Di cUs'lion Mtg Dale ® Motion Mtg Date 10119115 ❑ Resolution Mtg bate ❑ Ordinance Mtg Date ❑ I3id,,Iivard Ivltg Date ❑ Public Hearin, Mtg Date ❑ Other Mtg Date SPONSOR ❑ Counczl ❑ Mayor ® I -IR ❑ DCD ❑ .Finance [],Fire ❑ 17' ❑ P &R ❑ Police ❑ PWI SPONSOR'S Amend the current contract for services agreement ( #15 -079) between the City of SU 'III' \RY Tukwila, and John Luthy of the Futures Corperation to assist with the development of operation and strategic plans for the Human Resources Department and other City departments as requested. RI.vIT;WED BY ❑ COW Mtg. ❑ CA &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMI YEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR /AI)MIN. Human Resources Department CONINIFI FI , Unanimous approval; forward to Consent Agenda COST IMPACT / FUND SOURCE Exi,i NDITURI REQUIRED AMOUNT' BUDGETED APPROPRIATION REQUIRED $25,000 $25,000 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated 10/6/15 (revised after the 10/6/15 FS Meeting) Draft contract amendment Minutes from the Finance and Safety Committee meeting of 10/6/15. 21 22 City of Tukwila Jim Haggerton, Mayor TO: Mayor Haggerton Finance and Safety Committee FROM: Stephanie Brown, Human Resources Director DATE: October 6, 2015 SUBJECT: Contract Amendment ( Updated memo after FS Committee in strike -thru underlined format) ISSUE In April of this year, the City hired consultant John Luthy, of the Futures Corporation to work with the Technology Services Department to develop an operations and strategic plan. John Luthy has extensive experience in local and state government in the areas of strategic planning and organizational development. The contract also provides for other departments to work with John Luthy for the same purpose, if requested. The funding for this contract was not to exceed $25,000, and expenditures have reached this amount. BACKGROUND The Human Resources Department provides internal services to all City departments and recognized the value of what the Technology Services Department developed and wanted to also create an operations and strategic plan to help guide our work now and into the future in alignment with Goal Four of the -the City's Strategic plan. The outcome of this work will be to improve capabilities and efficiencies within the City on the path to developing a high performing and effective organization. In addition, the Finance and Parks & Recreation departments have expressed interest and this additional funding will also support their efforts. FINANCIAL IMPACT The request is to amend the contract for an additional $25,000, with not to exceed $50,000. Each department utilizing the services of John Luthy have funding allocated in their budget to cover his expenditures. RECOMMENDATION The Committee is being asked to approve the contract amendment and forward this item to the October 19, 2015, Consent Agenda. ATTACHMENTS Contract for Services Amendment (Draft) Exhibit A -1 Scope of Work (Draft) 23 24 City of Tukwila Agreement Number: 15-079(a) 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and John Luthy, of the Futures Corporation. That portion of Contract No. 15-079 between the City of Tukwila and John Luthy of the Futures Corporation, is amended as follows: The Consultant agrees to perform the services, identified on Exhibit "A -1" attached hereto, for the Human Resources Department, and potentially other City departments as requested. 1. Project Designation. The Consultant is retained by the City to perform operation and strategic planning services for the Human Resources, and other City departments as requested. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A-l" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 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 December 31, 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 "A-l" attached hereto, provided that the total amount of payment to the Consultant for the new scope of work shall not exceed $25,000 without express written modification of the Agreement signed by the City. The total contract amount shall not exceed $50,000.00. CA: 2012 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. Page I of 2 25 City of Tukwila Agreement Number: 15-079(a) 6200 Southcenter Boulevard, Tukwila WA 98188 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. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CITY OF TUKWILA CONTRACTOR Jim Haggerton, Mayor ATTEST/AUTHENTICATED City Clerk CA: 2012 26 Printed Name/Title: APPROVED AS TO FORM City Attorney Page 2 of 2 City of Tukwila 6200 • Southcenter Boulevard, Tukwila WA 98188 EXHIBIT A-1: SCOPE OF WORK City of Tukwila Departmental Strategic Planning Project Contract Number: *This proposal is focused on the Human Resources (HR) department, in addition to providing support to other departments in the development of an operation and strategic plan if desired. It is important to restate that The Futures Corporation, and John Luthy specifically, began pioneering a total strategic planning process for public agencies over forty years ago after training with the RAND Corporation in 1974. In 2002, this simple process was selected and published in a guide by the International City/County Management Association and has been introduced throughout the country. Developed over many years, the process combines traditional strategic planning, operations planning, financial planning, and organization improvement planning into a comprehensive process designed to make public agencies more collaborative, efficient, productive, and accountable. It is generally an inclusive process, with involvement by the City Administrator and Mayor. In the case of the HR department, department directors and key personnel from each department that utilizes HR services will be included in analysis and planning. One of the central concepts of this integrated approach is to TEACH it to as many people as possible, so participants will begin to understand planning and use it in everything they do. Therefore, long-term strategic thinking, inclusion, and cooperative planning are all essential elements. I ESSENTIAL PROJECT METHODOLOGY I The following sections provide a brief review of the project as stated in initial conversations, and presents essential planning and proposed project deliverables. The Futures Corporation will provide a strategic planning overview/ basic training to as many City departments as possible. It will provide a precise introduction to the planning process that offers a straightforward path to plan development. 2. A published planning guide and the book, planning the Future will be provided to City personnel at cost and will be used as the basis for plan development along with other materials written by John Luthy and published by the International City/County Management Association (ICMA). This is a proven system that has received considerable acclaim. 3. Individual planning 'how to' handouts will be provided for to help facilitate HR's planning as required. Provide additional training to HR staff to help them understand the planning process and key actions moving forward. 27 4. Examples of well- conceived HR plan formats from other applicable cities or counties will be provided. These will expedite HR's deliberation regarding how to format its plan and what content is essential. Review existing mission, vision and values statements (if available) and amend as necessary. 6. Facilitate an organization and operational analysis that will help determine internal issues and challenges that need to be considered in long -term HR planning. 7. Conduct analysis to determine external technical/ communications issues/ challenges that impact the user community (City agencies) and develop a list of those issues and challenges that are negatively impacting the City's (or an agency's) overall efficiency, effectiveness, productivity, quality or cost. 8. Help establish HR's long -term overarching goals. What MAJOR achievements or milestones does HR wish to accomplish for its internal operation and its user community (city government) and what issues or challenges are driving them? 9. After analysis in both the HR department and with user agencies, Identify Major Challenge Areas (MCAs) that involve communications, including service issues that impact efficiency, effectiveness, productivity, quality and cost. Summation: Ultimately the HR department will have a properly articulated mission, vision and values statement, a listing of major internal issues and challenges that impact its ability to achieve its mission, as well as broader issues and challenges that impact the City's user community (other departments) and their ability to provide efficient, effective and high quality services. Benchmark Deliverables The HR department will have a clear mission as well as a vision of perceived future challenges and a statement of values or operating philosophy - The process will review existing vision and mission statements and help the department articulate a current and accurate vision and mission. 2. Identify key issues and challenges — The process will identify both tangible and intangible issues and challenges the department and city user community faces. These will provide the basis for long- term goals and strategic initiatives adopted by the department and establish a platform for setting priorities based on impact and consequence. Link with current initiatives - The Mayor's, Council's and City Administrator's current and preferred long -term focus areas will be reviewed and will be established as essential parameters for all departmental core programs. The Futures Corporation Consultant Agreement 2015 Page 2 4. Performance Measurement & Reporting — Done properly, the strategic plan will naturally identify accurate and meaningful performance measures that can be used to gauge progress Connect user community/ departmental expectations — The plan will use existing data plus input from either meetings with key stakeholders or partnering/ collaborating agencies to assess needs, expectations and issues related to the perceived state of IT. BUDGET AND COST SUMMARY Knowing the talent that exists in the HR department and City, we assume that some information gathering, writing, formatting, and final plan publishing may be accomplished by management staff and department personnel. We also assume that John Luthy's best role is to introduce a clear, streamlined approach and conduct analysis that can be used to develop a clear, issue -based strategic plan. However, John Luthy is typically asked to undertake much of the writing to create samples and this time is factored into this budget. Also, other departments have suggested that they would like some time to discuss their planning and plan development, so at least some additional time is assumed for that as well. The project budget is established as a not -to- exceed amount that includes travel and expenses associated with that travel. For the total project, other than some aspects of full implementation that may require more or possibly less time, the following represents the cost summation. A maximum of two trips to Tukwila is anticipated with an average of three to four lodging nights (minimum trip is 3 days to maintain efficiency). Airfare is calculated at $370 per trip and lodging at $130 /night. If transportation can be provided to and from the airport, car rental can be avoided and food would be the only other expense, cost are estimated at $1,000. On -site time is calculated at 3 days and another 20 to 30 days off -site for the amount of plan drafting that is typically done. Total budget estimate is not to exceed $25,000. The Futures Corporation Consultant Agreement 2015 Page 3 29 ,951 Cit j o I Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes October 6, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; De'Sean Quinn, Joe Duffie Staff: Stephanie Brown, Derek Speck, Mary Miotke, Brandon Miles, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Amendment: Human Resources Operations and Strategic Plan Staff is seeking Council approval of a contract amendment with John Luthy of the Futures Corporation to fund his services toward operations and strategic plan development for the Human Resources, Finance, and Parks and Recreation Departments. The request is to amend the contract for an additional $25,000, not to exceed $50,000. The departments each have funding available to cover this cost. Committee members were supportive of this ongoing work, citing the successful partnership between Mr. Luthy and the Technology Services Department, and requested that staff expand the informational memo to include detail on his qualifications and the expected outcomes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. B. Ordinances and Resolution: Fee Deferral Program Staff is seeking Council approval of a fee deferral program to be implemented in the Transit Oriented Development (TOD) area of the Southcenter zone in order to encourage residential development. Council gave direction at the May 11, 2015 Committee of the Whole meeting for staff to prepare the legislation that would support this program, which comprises three ordinances and one resolution. A fee deferral program is an option that allows developers to pay certain fees, normally due upon permit issuance, closer to the time when revenues can be collected from the project. If approved by Council, the program would apply to the Washington Place project currently under construction as well as future residential developments in the TOD area. Staff explained the terms and provisions applicable to impact fee deferral and building permit fee deferral as outlined in the memo and the draft legislation. Under this program, revenues will not be reduced. Interest will be charged on all fees deferred, based on the ten year US Treasury note for impact fee deferral and the two year US Treasury note for building permit fee deferral. 31 32 COUNCIL AGENDA SYNOPSIS nitialr Meetin ,g Date BOB GIBERSON or �- evMeav . Council reUieaa 10/19/15 BG °c ® Ordinance Aft g Date 10119115 ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date ❑Other Mt Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Puget Sound Energy, Inc. provides natural gas and an electrical transmission and SUMMARY distribution system in Tukwila. This new franchise agreement allows Puget Sound Energy to construct, install, replace, maintain, repair, and operate electric light, power, and gas in the franchise area. It will also repeal the two existing Ordinance Nos. 471 and 1178. Council is being asked to approve the new ordinance for the 15 -year non - exclusive franchise agreement with Puget Sound Energy. RFV1FA VI ?D BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/13/15 COMMIT I "EE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMM I 11, "E' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDiTLIRh; Rl, "QUIRI?.D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 ITEM INFORMATION ITEMNO. 5.E. 77FAFFSPONSOR: BOB GIBERSON ORIGINAL, AGENDA DATE: 10/19/15 AGI3NDA ITI Ni Trri.E Ordinance Granting a Non - Exclusive Franchise Agreement with Puget Sound Energy, Inc. CATI":GORY ❑ Discussion Nltg Date ❑ Motion Aft g Date ❑ Resolution R4tg Date ® Ordinance Aft g Date 10119115 ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date ❑Other Mt Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S Puget Sound Energy, Inc. provides natural gas and an electrical transmission and SUMMARY distribution system in Tukwila. This new franchise agreement allows Puget Sound Energy to construct, install, replace, maintain, repair, and operate electric light, power, and gas in the franchise area. It will also repeal the two existing Ordinance Nos. 471 and 1178. Council is being asked to approve the new ordinance for the 15 -year non - exclusive franchise agreement with Puget Sound Energy. RFV1FA VI ?D BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/13/15 COMMIT I "EE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMM I 11, "E' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDiTLIRh; Rl, "QUIRI?.D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated 10/09/15 Draft Ordinance with Exhibits Service Area Map Minutes from the Utilities Committee meeting of 10/13/15 33 M City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director." BY: Frank Iriarte, Deputy Public Works Director DATE: October 9, 2015 SUBJECT: Puget Sound Energy, Inc. Ordinance Approving Franchise Agreement ISSUE Approve Ordinance for Puget Sound Energy Inc. (PSE) Franchise Agreement. BACKGROUND The Tukwila Municipal Code requires all utilities using the City's right -of -way to have a non- exclusive franchise. PSE has two Franchise Agreements with the City: (1) Ordinance No. 1178 granted a 25 -year franchise to Washington Natural Gas Company (WNGC) to construct, maintain, and operate a natural gas distribution system. WNGC merged in 1997 to become Puget Sound Energy. Ordinance 1178 has expired and will be repealed. (2) Ordinance No. 471 granted a 50 -year franchise to Puget Sound Power and Light Company, now PSE, to construct, maintain, and operate an electrical transmission and distribution system. Ordinance No. 471 expires in 2017. The City and PSE have been negotiating a new franchise agreement that covers both gas and electric services. After significant effort, both parties reached consensus on a new proposed Ordinance. DISCUSSION The new dual gas and electric Franchise Agreement provides for a 15 -year non - exclusive franchise that allows PSE to construct, install, maintain, and operate electric power and natural gas systems in Tukwila. The natural gas service area is citywide and the attached map depicts PSE's current electrical power service area. The following is a brief summary of some of the most critical franchise terms in the proposed ordinance: • Section 1(7). Public Improvement. Both parties spent considerable time discussing and defining what constitutes a Public Improvement project. This definition is critical because it determines which party is responsible for paying the expenses associated with relocating PSE's facilities within the franchise area. For City capital projects undertaken within the franchise area, PSE is obligated to pay for relocation costs. • Section 2. Non - exclusive Franchise Granted. This Section defines the rights, privileges, and authority granted to PSE. It also restricts PSE from offering other services that are not related to electrical power and natural gas operations. • Sections 3 & 4. Franchise Term and Extension. During negotiations, both parties had significantly different preferences for the franchise term and extension. The proposed agreement provides for an initial 15 -year term with one five -year extension. WAPW Eng \PROJECTS \Franchise \Info Memo PSE Franchise Ordinance 10 -05 -15 gl sb.docx 35 INFORMATIONAL MEMO Page 2 • Section 9. City Use of PSE Poles. Upon approval by PSE and subject to some restrictions, the City could install and maintain pole attachments and overhead wires for police, fire, traffic control, and other noncommercial City purposes. Section 10(E). Relocation. The relocation provision proved to be very challenging. It is one of the most critical Sections in the Proposed Agreement. The negotiated language outlines detailed relocation procedures and provides more clarity and certainty that capital improvement projects requiring relocation of PSE facilities will be accomplished in a timely manner. This Section also covers funding obligations related to third party public or private development projects that require relocation of PSE Facilities. • Section 11(C). Emergency Response Plan. Franchise Agreement addresses emergency response plan requirements. • Section 15. Administrative Fees. As specified in RCW 35.21.860, the City is prohibited from imposing a franchise fee, but PSE is subject to a $5,000 administrative fee. Section 20. Dispute Resolution. In the event an issue regarding the terms and conditions of this Franchise could not be resolved within the established timeframe, this Section outlines a deliberate process for parties to follow and attempt to resolve the dispute. FINANCIAL IMPACT Under the terms of the Franchise, PSE will be required to pay the City a $5,000 administrative fee within 30 days of franchise approval by Ordinance. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a franchise agreement to Puget Sound Energy and consider this item on the Consent Agenda at the October 19, 2015 Regular Meeting. Attachments: Draft PSE Franchise Ordinance Service Area Map 36 WAPW Eng \PROJECTS \Franchise \Info Memo PSE Franchise Ordinance 10 -05 -15 gl sb.docx DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO PUGET SOUND ENERGY, INC., A WASHINGTON CORPORATION, TO CONSTRUCT, INSTALL, REPLACE, MAINTAIN, REPAIR, AND OPERATE ELECTRIC LIGHT, POWER, AND NATURAL GAS SYSTEMS IN, UPON, OVER, UNDER, ALONG, ACROSS, AND THROUGH THE FRANCHISE AREA; REPEALING ORDINANCE NOS. 471 AND 1178; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Puget Sound Energy, Inc., hereinafter referred to as "PSE," is an investor -owned utility that, among other things, provides gas and electrical service to residential and commercial customers in the Puget Sound region; and WHEREAS, PSE's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of its electrical, power and natural gas systems; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure that the burden of costs for the operations of non - municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non- exclusive franchises for the use of public streets, right -of -ways, and other public property for transmission of natural gas and electrical power; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W:\Word Processing \Ordinances\PSE Franchise Agreement 9 -30-15 Fl:bjs Page 1 of 14 37 Section 1. Definitions. The following terms contained herein, unless otherwise indicated, shall be defined as follows: 1. City: The City of Tukwila, a municipal corporation of the State of Washington, specifically including all areas incorporated therein as of the effective date of this ordinance and any other areas later added thereto by annexation or other means. 2. Facilities: Any and all: a. natural gas distribution systems including, but not limited to, gas pipes, pipelines, mains, laterals, conduits, feeders, regulators, meters, meter - reading devices and (subject to Section 2, paragraph B) communication systems; b. electric transmission and distribution systems including, but not limited to, poles (with or without crossarms), wires, lines, conduits, cables, braces, guys, anchors and vaults, meter - reading devices, and (subject to Section 2, paragraph B) communication systems; and c. any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, whether the same be located over or under ground. 3. Force Majeure Event. Any event, occurrence or circumstance (or combination thereof) beyond the reasonable control of the affected party including, but not limited to, acts of God, acts of terrorism, war, riots, civil disturbances, acts of nature, natural disasters, floods, tornadoes, earthquakes, unusually severe weather conditions, unforeseen labor conditions, acts or omissions of third parties, and /or acts or omissions of the other party. 4. Franchise Area: Any, every and all of the roads, streets, avenues, alleys, highways and public rights -of -way of the City as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys, highways and public rights -of -way that may hereafter be laid out, platted, dedicated or improved within the present limits of the City as such limits may be hereafter extended. 5. Person: An entity or natural person. B. PSE. Puget Sound Energy, Inc., a Washington corporation, and its successors and assigns. 7. Public Improvement. Any construction, alteration, repair, realignment, widening or other improvement (collectively "Improvement ") of the right -of -way within the Franchise Area for purposes of public welfare, health, or safety, that is undertaken by or on behalf of the City and is funded by the City (either directly with its own funds or any other public monies obtained by the City). The term "Public Improvement" shall include any such improvement or repair undertaken by the City that requires the relocation of PSE's Facilities within the Franchise Area even if the improvement or repair entails, in part, related work performed for a third party municipality under a valid interlocal agreement between the City and such municipality (except to the extent the MWord Processing\OrdinancesTSE Franchise Agreement 9 -30 -15 Fl:bjs Page 2 of 14 i relocation of PSE's Facilities is caused by the work done for such third party), but shall not include, without limitation, any other improvements or repairs undertaken by or for the benefit of third party entities. 8. Ordinance: This ordinance, which sets forth the terms and conditions of this Franchise. Section 2. Non- exclusive Franchise Granted. A. The City hereby grants to PSE, subject to the terms and conditions prescribed in this ordinance (this "Franchise "), the franchise, right, privilege and authority to set, erect, lay, construct, extend, support, attach, connect, enlarge, replace, repair, monitor, maintain, use and operate Facilities in, upon, over, under, along, across and through the Franchise Area to provide for the transmission, distribution and sale of natural gas and energy for power, heat and light, and any other purposes- for which natural gas and electrical energy may be used. Except as expressly provided above in this paragraph (Section 2, paragraph A), PSE shall not by this Franchise obtain any vested rights to use any portion of the Franchise Area other than in the locations approved by the City and then only subject to the terms and conditions of this Franchise. B. This Franchise specifically does not authorize PSE to place Facilities or to otherwise use Facilities within the Franchise Area for the purpose of offering to provide telecommunications, cable television, point -to -point data communications, or similar services to the public either via wire or wireless technologies regardless whether these services are provided to any person outside PSE's organization, unless approved by a separate agreement; provided that this paragraph does not restrict PSE's ability to: 1. Use telemetric devices, meters or other Facilities to monitor and operate its electrical or natural gas systems or the usage of electrical or gas energy; or 2. Permit third parties to attach wires and equipment to PSE Facilities within the Franchise Area if PSE is obligated to do so under applicable laws or regulatory requirements and /or PSE contractually obligates the third party to have sufficient rights independent of this Franchise to use and operate within the relevant portion of the Franchise Area. C. This Franchise shall not be deemed to be an exclusive franchise and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, through or under the Franchise Area that do not unreasonably interfere with PSE's rights under this Franchise. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over the Franchise Area so long as the City undertakes such use and exercises such jurisdiction in a manner consistent with the terms of this Franchise. W:1Word Processing\OrdinancesXPSE Franchise Agreement 9 -30-15 Fi:bjs Page 3 of 14 D. This Franchise shall not limit any right available to the City under applicable law to acquire, construct, own, operate, and maintain a municipal electric or gas utility at any time within the Franchise Area, and in all respects to exercise such right in accordance with applicable laws. E. Upon acceptance by PSE, this Franchise shall supersede the existing Franchise entered between the City and PSE on March 17, 1967, authorized by Tukwila Ordinance No. 471. Accordingly, the existing Franchise shall have no further force or effect as of the effective date of this Franchise except as to those terms and conditions that survive termination. F. This Franchise shall not convey any right to PSE to install Facilities on or to otherwise use City -owned or leased properties or easements outside of the Franchise Area; provided, however, this Franchise shall convey the right to PSE, subject to the terms and conditions herein, to maintain, repair and operate Facilities lawfully installed pursuant to and in conformance with any prior franchise agreements with the City regardless of whether said Facilities are outside the Franchise Area; provided that existing Facilities installed or maintained by PSE on public grounds and places within the City in accordance with prior franchise agreements (but which such Facilities are not within the Franchise Area as defined in this Franchise) may continue to be maintained, repaired and operated by PSE at the location such Facilities exist as of the effective date of this Franchise for the term of this Franchise, but no such Facilities may be enlarged, improved or expanded without the prior approval of the City pursuant to applicable ordinances, codes, resolutions, standards and procedures. G. This Franchise shall not govern or apply to Facilities located on PSE -owned or leased properties or easements (whether inside or outside of the Franchise Area, whether granted by a private or public entity, and whether now existing or hereafter acquired) and such Facilities are not, and will not be deemed to be, located pursuant to rights derived from this Franchise or pursuant to rights otherwise granted by the City. Section 3. Franchise Term. The initial term of this Franchise shall be 15 years from the effective date of this Franchise. This Franchise shall not take effect and PSE shall not have rights under this Franchise unless a written acceptance with the City is received pursuant to Section 5 of this Franchise. Section 4. Franchise Extension. Upon PSE's written request for an extension, the City may, at its discretion, extend this Franchise for up to one 5 -year extension pursuant to Section 19 provided that: (a) PSE is not in material breach of the terms and conditions of this Franchise; and (b) the terms and conditions of this Franchise conform to then - existing state laws or, if such terms and conditions do not conform to then - existing state laws, PSE is willing to amend this Franchise to bring it to compliance with such state laws. Subject to conditions set forth above, the additional term shall be on the same terms and conditions as set forth in this Franchise, except as reflected in any written amendment(s) signed by both parties. PSE shall give notice to renew this Franchise for the additional term at least 90 days, but no more than 6 months, prior to the expiration of this Franchise. W:1Word Processing\Ordinances\PSE Franchise Agreement 9 -30.15 Fl:bjs Page 4 of 14 ELI Section 5. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions, substantially in the form attached- hereto as Exhibit A, shall be filed with the City Clerk within 30 days of the effective date of this ordinance. Failure on the part of PSE to file said acceptance within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise. Section 6. Authority. The Director of Public Works or his or her designee is hereby granted by the City the authority to administer and enforce the terms and provisions of this Franchise on behalf of the City. Section 7. Right -of -Way Management. During the term of this Franchise, PSE shall comply with the provisions of Title 11 of the Tukwila Municipal Code, known as the "Right -of -Way Use Code;" provided, however, in the event of any conflict or inconsistency of such provisions with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded PSE by.City codes and ordinances. Section 8. Restoration of Franchise Area. A. Except as may be otherwise provided in a warranty or maintenance bond, at any time during the term of this Franchise, if a PSE Facility or trench within the Franchise Area causes a street to crack, settle, or otherwise fail, the City will notify PSE of the deficiency and PSE agrees to restore the deficiency and repair the damage within 30 days of written notice by the City, unless the City determines that a shorter time period is necessary to protect the property or the life, health, or safety of any individual. B. For purposes of this section, "street' shall mean all City -owned improvements within a Franchise Area right -of -way including, but not limited to, the following: pavement, sidewalks, curbing, above- and below - ground utility facilities, and traffic control devices. C. In the event that PSE should fail in its* restoration responsibilities set forth in Section 8, paragraph A above, and such failure continues for a period of 10 days after PSE receives written notice from the City regarding such failure, the City may, but in no event is obligated to, perform or contract for such work and, thereafter, PSE shall, upon the City's written request, reimburse the City for the reasonable costs incurred by the City in having such work performed. Section 9. City Use of PSE Poles. A. During the term of this Franchise, and with respect to poles which are Facilities and which are (a) wholly owned by PSE and (b) within the Franchise Area, the City, subject to PSE's prior written consent which shall not be unreasonably withheld, may install and maintain City -owned overhead wires upon such poles for police, fire, traffic W:1Word Processing\Ordinances%PSE Franchise Agreement 9 -30.15 Fl:bjs Page 5 of 14 41 control and other non - commercial municipal communications purposes. The foregoing rights of the City to install and maintain such wires are further subject to the following: 1. Such installation and maintenance shall be done by the City at its sole risk and expense, in accordance with all applicable laws, and subject to such reasonable requirements as PSE may specify from time to time (including, without limitation, requirements accommodating PSE's Facilities or the facilities of other parties having the right to use PSE's Facilities). 2. PSE shall have no obligation arising under the indemnity and insurance provisions of this Franchise as to any circumstances directly or indirectly caused by or related to such City -owned wires or the installation or maintenance thereof. 3. PSE shall not charge the City a fee for the use of such poles in accordance with this section as a means of deriving revenue therefrom; provided, however, nothing herein shall require PSE to bear any cost or expense. in connection with such installation and maintenance by the City. B. During the term of this Franchise, the City shall have the right, subject to PSE's prior written . consent which shall not be unreasonably withheld, and subject to such reasonable rules and regulations as may be prescribed by PSE from time to time, and subject to the limitations prescribed by RCW 70.54.090 or any other applicable law, to post City signs on PSE's utility poles which are Facilities within the Franchise Area. Section 10. Construction Provisions and Standards. A. Conformance with Law and Regulations. All activities in the Franchise Area performed by or on behalf of Franchisee shall be governed by applicable City codes, ordinance, rules, regulations and standards in effect at the time a completed application is filed for any required permits, and if no permits are required, at the time the activities are conducted within the Franchise Area; provided, however, in the event of any conflict or inconsistency of such ordinances with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded PSE by City codes and ordinances. B. Coordination. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future City capital improvement projects, all developer improvements, and pertinent City codes and ordinances; provided, however, in the event of any conflict or inconsistency of such codes or ordinances with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded PSE by City codes and ordinances. C. No Interference. Any construction, installation, maintenance, and restoration activities performed by or for PSE within the Franchise Area shall be constructed and located so as to not unreasonably interfere with the free passage of pedestrian and vehicular traffic. W:1Word Processing\Ordinances\PSE Franchise Agreement 9 -30-15 Fl:bjs FIX Page 6 of 14 D. "One -Call" Location and Liability. Nothing in this Franchise is intended (nor shall be construed) to relieve the parties of their respective obligations arising under applicable state law with respect to determining the location of utility facilities, and each party will comply with all such state laws in the performance of this Franchise. E. Relocation. 1. Whenever the City causes or authorizes a Public Improvement to be constructed within the Franchise Area, and such Public Improvement requires the relocation of PSE's then- existing Facilities within the Franchise Area (for purposes other than those described in Section 10, paragraph E.3. below), the City shall provide PSE, within a reasonable time prior to commencement of such Public Improvement, with written notice requesting such relocation along with plans for the Public Improvement that 'are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and PSE shall cooperate and coordinate in good faith in connection with the planning and completion of the relocation work required to accommodate the Public Improvement and shall meet at a time and location reasonably Aetermined by the City to discuss the project requirements, including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. In connection with the planning and scheduling of such relocation work: a. PSE shall provide to the City, at PSE's expense, reasonable information then available to PSE relating to the relocation work, including a detailed schedule of relocation activities, identification of affected Facilities of PSE, identification of critical path and long lead time items, relocation procedures and other design, technical and /or operational requirements for the relocation work; and b. the City shall consult with PSE and consider the extent of the Facilities to be located, the service requirements, the construction sequence for relocation and other information furnished by PSE in developing a mutually acceptable relocation plan. 2. After PSE's receipt of the City's notice and plans described in Section 10, paragraph E.1. above, PSE shall relocate the affected PSE Facilities within the Franchise Area at no charge to the City in accordance with the schedule set forth in the relocation plan, if such plan is mutually agreed upon, or the City's order to relocate. In calculating the date that relocation must be completed, the City shall consult with PSE and consider the extent of Facilities to be relocated, the service requirements, and the construction sequence for the relocation, within the .city's overall project construction sequence and constraints, to safely complete the relocation. Except as a result of a Force Majeure Event, and except for temporary relocations of Facilities needed to accommodate a Public Improvement, if the City requires the subsequent and unplanned relocation of any Facilities within 5 years from the date of relocation of such Facilities pursuant to Section 10, paragraph E, the City shall bear the entire cost of such subsequent relocation. W.Mord Processing\Ordinances\PSE Franchise Agreement 9 -30-15 Fi:bjs Page 7 of 14 43 3. Whenever (a) any public or private development within the Franchise Area, other than a Public Improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (b) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities. 4. Any condition or requirement imposed by the City upon any person or entity, other than PSE, that requires the relocation of PSE's Facilities shall be a required relocation for purposes of Section 10, paragraph E.3 above (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for - zoning, land use, construction or development); provided, however, in the event (a) the City reasonably determin &s (and promptly notifies PSE in writing of such determination) that the primary purpose of imposing such condition or requirement upon such person or entity is to cause the construction of a Public Improvement to be undertaken within a segment of the Franchise Area on the City's behalf, and (b) such Public Improvement is reflected in and consistent with the City's then- current six -year Capital Improvement Program, then only those costs and expenses incurred by PSE in integrating and reconnecting such relocated Facilities with PSE's other Facilities shall be paid to PSE by such other person or entity, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with the provisions of Section 10, paragraphs E.1 and E.2. 5. PSE may, after receipt of written notice requesting a relocation of its Facilities pursuant to Section 10, paragraph E, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise PSE in writing.if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If requested by the City, PSE shall submit additional information to assist the City in making such evaluation. In the event the City ultimately determines, in its sole discretion, that there is no other reasonable alternative, PSE shall relocate its Facilities as otherwise specified in Section 10, paragraph E. .6. Nothing in Section 10, paragraph E, "Relocation," shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing pursuant to easement or other rights not derived from this Franchise, regardless of whether such easement or other rights are on public or private property and regardless of whether this Franchise co- exists with such easement or other rights. F. Removal or Decommissioning In Place. 1. Whenever PSE permanently discontinues use of any above ground or at grade Facilities within the Franchise Area, PSE shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or decommissioning in place of such Facilities, so long as such W. Word Processing\OrdinanceslPSE Franchise Agreement 9 -30 -15 Fl:bjs Page 8 of 14 ii standards and requirements are not inconsistent with the provisions of this Franchise or with any regulatory obligations of PSE to third party users of such Facilities. No above ground or at grade Facilities constructed or owned by PSE and located within the Franchise Area may be permanently decommissioned in place without the express written consent of the City. 2. Whenever PSE permanently discontinues use of, and leaves in place, any underground Facilities within the Franchise Area, PSE shall submit to the City a plan for the permanent decommissioning of such Facilities. If the parties thereafter determine that the removal of any such Facilities is required to avoid a conflict with a Public Improvement undertaken by the City, PSE will, upon request by the City, remove any such Facilities that 'require removal in accordance with Section 10, paragraph E, and the relocation procedures. The parties will work together in good faith to avoid or minimize the need to remove any underground Facilities within the Franchise Area that are permanently discontinued and left in place by PSE. Section 11. Franchise Compliance. A. Franchise Violations. The failure by PSE to fully comply with any of the provisions of this Franchise may result in a written notice from the City that describes the violations of this Franchise and a request to cure such violations within 60 days of receipt of such notice. If PSE has not cured the violations in all material respects at the end of the 60-day period following receipt of the violation notification, the City may, by ordinance, declare an immediate termination of this Franchise unless such cure was not reasonably possible within that 60 -day period. B. Other Remedies. Nothing contained in this Franchise shall limit either party's available remedies in the event of a material breach of any provisions of this Franchise by the other party to include, but not limited to, a party's right to a lawsuit for specific performance and /or damages; provided that, if PSE's performance of this Franchise or of any obligations hereunder is prevented or substantially restricted or interfered with by reason of any Force Majeure Event, PSE shall be excused from such performance to the extent of and for the duration of such prevention, restriction or interference. C. Emergency Response Plan. During the term of this Franchise, PSE shall have a written emergency response plan and procedure. PSE's emergency plans and procedures shall designate PSE's responsible local emergency response officials and a direct 24 -hour emergency contact number for PSE. Section 12. Insurance. PSE shall procure and maintain for the duration of this Franchise, and for so long thereafter as PSE shall have Facilities in the Franchise Area, adequate insurance, or in lieu thereof provide self - insurance, against all claims for injuries to persons or damage to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to PSE, its agents, representatives or employees. W: \Word Processing \Ordinances\PSE Franchise Agreement 9 -30.15 Fl:bjs Page 9 of 14 45 Section 13. Permits and Approvals. Except as expressly set forth in this Franchise, PSE shall not be relieved from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities of PSE within the Franchise Area. Section 14. Assignment. A. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required for a transfer in trust, by other hypothecation, or by assignment or any rights, title, or interest in PSE's system in order to secure indebtedness. Further, PSE shall have the right, without notice or consent, to mortgage its rights, benefits and privileges in and under this Franchise for the benefit of bondholders. B. In any transfer of this Franchise that requires the consent of the City under Section 14,-,paragraph A, PSE shall, at the City's request, provide information readily available to PSE that bears on the transferee's technical ability and financial capability to comply with the obligations and terms required under this Franchise. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council, which approval will not be unreasonably withheld or delayed. Section 15. Administrative Fees. As specifically provided by RCW 35.21.860, the City may not impose a franchise fee or any other fee or charge of whatever nature or description upon PSE. However, as provided in RCW 35.21.860, the City may recover from PSE actual administrative expenses incurred by the City that are directly related to: (a) receiving and approving a permit, license or this Franchise, (b) inspecting plans and construction, or (c) preparing a detailed statement pursuant to Chapter 43.21 C RCW. To the extent consistent with the foregoing, PSE shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise. Section 16. Notices. Any notice to be served upon the City or PSE shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Puget Sound Energy, Inc. Community and Business Services Attn: Municipal Liaison Manager P.O. Box 90868 BOT -1 G Bellevue, WA 98009 -0868 W. Word Processing\Ordinances\PSE Franchise Agreement 9 -30-15 Fl:bjs • Page 10 of 14 Section 17. Indemnification. A. PSE shall indemnify, defend and hold harmless the City, its elected officials, employees, agents and volunteers, from any and all claims and demands made against it on account of injury or damage to the person or property of another, to the extent such injury or damage is caused by the negligent acts or omissions of PSE, its agents, servants, officers or employees in performing activities authorized by this Franchise; provided, however, that in the event any such claim or demand be presented to or filed with the City, the City shall promptly notify PSE thereof, and PSE shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand; provided further, that in the event any suit or action is begun against the City based 'upon any such claim or demand, the City shall likewise promptly notify PSE thereof, and PSE shall have the right, at its election and its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. This covenant of indemnification shall include, but not be limited to, claims against the City arising as a result of the negligent acts or omissions of PSE, its agents, servants, officers or employees in barricading, instituting trench safety systems, or providing other adequate warnings of any excavation, construction of work in any right -of -way or other public place in performance of work or services permitted under this Franchise. It is further specifically and expressly, understood that, solely to the extent required to enforce the indemnification provided herein, PSE waives its immunity under RCW Title 51; provided, however, the foregoing waiver shall not in any way preclude PSE from raising such immunity as a defense against any claim brought against PSE by any of its employees. B. Inspection or acceptance by the City of any work performed by PSE at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised prior to the culmination of any litigation or the institution of any litigation. C. In the event any claim or demand for which indemnification is provided under Section 17, paragraph A, is presented to, or suit or action is commenced against, the City based upon any such claim or demand, the City shall promptly notify PSE thereof, and PSE may elect, at its sole cost and expense, to settle and compromise such suit or action, or defend the same with attorneys of its choice. In the event PSE refuses to undertake the defense of any suit or any claim for which indemnification is provided under Section 17, paragraph A, after the City's request for defense and indemnification has been made pursuant to the indemnification clauses contained herein, and PSE's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal on the part of PSE, then PSE shall pay all the of the City's cost and expenses for defense of the action, including reasonable attorney's fees of recovering under this indemnification clause, as well as any judgment against the City. W. Word Processing\Ordinances\PSE Franchise Agreement 9 -30 -15 Fl:bjs Page 11 of 14 47 D. Should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of PSE and the City, its officers, employees and agents, PSE's liability hereunder shall be only to the extent of PSE's negligence. Section 18. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. The parties may amend, repeal, add, replace or modify any provision of this Franchise by, mutual written agreement to preserve the intent of the parties as expressed herein prior to any finding of invalidity or unconstitutionality. Section 19. Amendment. A. This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 1. references this Franchise; and 2. states that it supersedes this Franchise to the extent it contains terms and conditions that change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. B. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. Section 20. Dispute Resolution. A. The parties recognize that cooperation and communication are essential to resolving issues quickly and efficiently. If any dispute arises in regard to the terms or conditions of this Franchise, then the parties shall meet and engage in good faith discussions with the objective of settling the dispute within 10 days after either party requests such a meeting. If the parties cannot resolve the dispute within such 10 -day period, the parties will, upon the written request of either party, seek to resolve the dispute in accordance with the following dispute resolution process: W:\Word Processing \Ordinances\PSE Franchise Agreement 9 -30 -15 Fi:bjs Page 12 of 14 EN 1. Level One. A representative from PSE and the City's Public Works Director shall meet to discuss and attempt to resolve the dispute in a timely manner. If these representatives cannot resolve the dispute within 14 calendar days after referral of the dispute to Level One, either party may, by written notice to the other party, refer the dispute to Level Two. 2. Level Two. In the event either party properly refers the dispute to Level Two, a different PSE representative and the City Administrator shall meet to discuss and attempt to resolve the dispute in a timely manner. If these representatives cannot resolve the dispute within 14 calendar days after referral of the dispute to Level Two, either party may, by written notice to the other party, refer the dispute to Level Three. 3. Level Three. In the event either party properly refers the dispute to Level Three or the dispute is not resolved at Level Two within 14 calendar days after referral of that dispute to Level Two, either party may seek resolution of the dispute through litigation or other judicial proceedings in the King County Superior Court. B. Notwithstanding Section 20, paragraph A, or any other provision of this Franchise to the contrary, with respect to any dispute arising under this Franchise, either party may commence litigation or other judicial proceedings within 30 days prior to the date after which the commencement of litigation could be barred by any applicable statute of limitations or other law, rule, regulation, or order of similar import or in order to request injunctive or other equitable relief necessary to prevent irreparable harm. In such event, the Parties will (except as may be prohibited by judicial order) nevertheless continue to follow the procedures set forth in Section 20, paragraph A. Section 21. Police Powers. Franchisee acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce ordinances reasonably necessary to protect the health, safety and welfare of the public. Section 22. Future Rules, Regulations, and Specifications. PSE acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations, governing utility operations in the City that are not inconsistent with the provisions of this Franchise. Such general ordinances and regulations shall thereafter govern PSE's activities hereunder; provided, however, in the event of any conflict or inconsistency of such rules, regulations, specifications or ordinances with the terms and conditions of this Franchise, the terms and conditions of this Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive, prejudice or otherwise limit any right of appeal afforded PSE by City codes and ordinances; provided further, however, that in no event shall such rules, regulations, specifications or ordinances: 1. materially interfere with or adversely affect PSE's rights pursuant to and in accordance with this Franchise; or 2. be applied in a discriminatory manner as it pertains to PSE and other similar user of such facilities. MWord Processing \Ordinances\PSE Franchise Agreement 9 -30 -15 Fl:bjs Page 13 of 14 i • Section 23. Reservation of Rights. Subject only to the provisions of this Franchise, the City expressly reserves all of its rights, authority and control arising from any relevant provisions of federal, state or local laws granting the City rights, authority or control over the public rights -of -way or the activities of the Franchisee. Section 24. Filed Tariffs. This Franchise is subject to the provisions of any applicable tariff on file with the Washington Utilities and Transportation Commission or its successor. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. Section 26. Repealer. Ordinance Nos. 471 and 1178 are hereby repealed. Section 26. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to: correct clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 27. 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: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number. Attachment: Exhibit A — Acceptance of Franchise and Performance Guarantee W:lWord ProcessinglOrdinanceslPSE Franchise Agreement 9 -30.15 Fl:bjs 50 Page 14 of 14 EXHIBIT A (Form of Acceptance of Franchise) Puget Sound Energy, Inc. Acceptance of Franchise and Performance Guarantee Franchise issued pursuant to Ordinance No. and accepted , 20 ; 1, , am the , and (am the authorized representative to) accept the above- referenced Franchise on behalf of . I certify that this Franchise and all terms and conditions thereof are accepted by , without qualification or reservation and that unconditionally guarantee(s) performance of all such terms and conditions. DATED this day of , 20 By Its Tax Payer ID# STATE OF ss. COUNTY OF certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it (as the of , a corporation,) to be the free and voluntary act of such corporationrndividual for the uses and purposes mentioned in the instrument. Dated this day of 120 (Signature of Notary) Print Name Notary Public in and for the State of residing at My appointment expires 51 52 54 4 City Of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes October 13, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Gail Labanara and Laurel Humphrey Guest: Dominador Amor, Local Government Manager, Puget Sound Energy CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Approving a Franchise Agreement with Puget Sound Energy. Inc. Staff is seeking Council approval of an ordinance approving a Franchise Agreement with Puget Sound Energy that covers both gas and electric services. The agreement provides for a 15 -year non - exclusive franchise that allows PSE to construct, install, maintain and operate electric power and natural gas systems in Tukwila. Staff reviewed the terms of the agreement, which includes a $5,000 administrative fee paid to the City. Committee Chair Robertson asked Mr. Amor if he would be willing to discuss issues around the city's legal ability to obtain power records when investigating illegal marijuana grow operations, and Mr. Amor indicated that he would. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. B. Bid Awards: Central Business District Sanitary Sewer Rehabilitation Staff is seeking Council approval of a contract with Michels Corporation in the amount of $528,464.52 for the 2015 Central Business District Sanitary Sewer Rehabilitation Project, which will address deterioration of the approximately 50 year old sanitary sewer pipes in that area. Staff is also seeking Council approval of a contract with Olson Brothers - Pro -Vac, LLC in the amount of $105,068.10 for the 2015 Sanitary Sewer Manhole Rehabilitation Project, which will restore 9 manholes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. C. Grant Amendment: Duwamish Gardens Staff is seeking Council approval of a grant amendment with the Washington State Recreation and Conservation Office for $200,000 additional construction funding for the Duwamish Gardens Project. This supplement will bring the total to $1,199,434.00 and the total required match to $581,523. Funds for the match are available from other grant sources. Duwamish Gardens is being restored as a salmon habitat site with minor park elements. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. D. Real Estate Exchange: Duwamish Gardens Staff is seeking Council approval of a Real Estate Exchange and Purchase Agreement and an Indemnity Agreement with Amalfi Investments. The City is exchanging a small portion of the northern property along East Marginal Way South for Amalfi's larger property located along the river. This will allow a greater area to be developed into habitat as well as make the site contiguous with the Chinook Wind property. The City will pay Amalfi $7,200.00 for 55 56 COUNCIL AGENDA SYNOPSIS Meetin g Date Prepared by Mayor's revi Council review 10/19/15 BG ITEM INFORMATION ITEM NO. 5. F. 57 STAFF SPONSOR: BOB GIBERSON ORIGINtALAGENDA D,k'1 "E: 10/19/15 AGENDA I'I'I;M TIri,1, Duwamish Gardens Grant Amendment No. 2 for additional WA State RCO grant funding CATEGORY ❑ Discussion Mtg Date ® Motion Aft g Date 10119115 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAward g Date Aft ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑Finance ❑Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S The City entered into Agreement No. 14 -102 with the WA State Recreation & Conservation SUMMARY Office (RCO) to provide $949,434 in construction grant funding for Duwamish Gardens. Amendment No. 1 added $250,000 in grant funding and for Amendment No. 2, staff was able to add an additional $200,000. Matching funds also increased by $200,000, but can be covered by the existing $1.5 million in non -RCO grant funding. Council is being asked to approve RCO's Amendment No. 2 for an additional $200,000 in grant funding. RrviFWED BY COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/13/15 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR /ADYZIN. Public Works Department COMMII'I'1 E Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPF,NDI,ruRI. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 301 PARKs FUND (PAGE 36, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated 10/09/15 WA State RCO Grant Amendment No. 2 to Contract No. 14 -102 Minutes from the Utilities Committee meeting of 10/13/15 57 rp-c-I PLO] City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director w By: Ryan Larson, Senior Program Manager DATE: October 9, 2015 SUBJECT: Duwamish Gardens Project No. 90630102, Agreement No. 14 -102 Grant Amendment — Recreation and Conservation Office ISSUE Approve a grant amendment with the Washington State Recreation and Conservation Office (RCO) for additional construction funding for the Duwamish Gardens Project. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for restoration as a salmon habitat site with minor park elements. The project's design, permitting, and demolition, are complete and construction will begin this spring. The City entered into Agreement No. 14 -102 with RCO to provide construction funding for the Duwamish Gardens project. This agreement as supplemented provides a total of $1,199,434 in construction funding and requires $381,523 in matching funds, which can come from any combination of other available funding. Construction costs for the project were higher than estimated and staff was able to secure an additional $200,000 in construction funding from RCO. ANALYSIS The Recreation and Conservation Office developed a grant amendment that will provide the additional $200,000 in construction funding for Duwamish Gardens. With this increased funding level, the City is also required to provide $200,000 in additional matching funds, bringing the total RCO match requirement to $581,523. As with the previous grant agreement, these funds can be matched using any other non -RCO grant or City funds. A total of $1,565,000 is available in non -RCO grant funding, which covers the total RCO match requirement. The other grant funding is from the King Conservation District ($300k) and the King County Flood Control District ($1.265m). RECOMMENDATION Council is being asked to approve a grant amendment with the Washington State Recreation and Conservation Office for $200,000 in additional grant funding for Duwamish Gardens and consider this item on the Consent Agenda at the October 19, 2015 Regular Meeting. Attachment: RCO Amendment to Project Agreement W:1PW Eng1PROJECTSW DR Projects\Duwamish Gardens 06 -DR02 ( 90630102)1 Grants \ConstrucbonlRCOlAdditional Funding Request #ZInfo Memo RCO Construction Grant Amendment 2.docx 59 MI, 1, "y WASHINGTON STATE Recreation and _�_a Conservation Office Amendment to Project Agreement Project Sponsor: City of Tukwila Project Number: 13 -1099R Project Title: Duwamish Gardens Restoration Amendment Number: 2 Amendment Type: Cost Change Amendment Description: The project agreement is increased by $163,577 of 2011 -13 PSAR return funds awarded by the Puget Sound Partnership in their letter dated August 27, 2015 and $36,423 of 2015 -17 PSAR funds awarded by WRIA 9 on the 2015 SRFB Project Funding List, and $200,000 in additional sponsor match bringing the total project agreement amount to $1,980,957 to afford higher than anticipated construction costs. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office 1 BY: Kaleen Cottinqham TITLE: Dire fno'r' DATE: u� Pre - approved as to form: BY: /S/ Assistant Attorney General City of Tukwila AGENCY: BY: TITLE: DATE: PSAR Project Cost Change Amendment State Buildino Construction Account RCW 77.85, WAC61 AMENAGRI.RPT Old Amount New Amount Amount % Amount % RCO - PSAR $872,081.00 55.16% $1,072,081.00 54.12% RCO - SALMON ST PROJ $327,353.00 20.71% $327,353.00 16.52% Project Sponsor $381,523.00 24.13% $581,523.00 29.36% Total Project Cost $1,580,957.00 100% $1,980,957.00 100% Admin Limit $0.00 0.00% $0.00 0.00% A&E Limit $139,004.25 9.64% $174,173.89 9.64% Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office 1 BY: Kaleen Cottinqham TITLE: Dire fno'r' DATE: u� Pre - approved as to form: BY: /S/ Assistant Attorney General City of Tukwila AGENCY: BY: TITLE: DATE: PSAR Project Cost Change Amendment State Buildino Construction Account RCW 77.85, WAC61 AMENAGRI.RPT Amendment Agreement Description Project Sponsor: City of Tukwila Project Title: Duwamish Gardens Restoration Project Number: 13 -1099 R Amendment Number: 2 Agreement Description City of Tukwila proposes to complete Duwamish Gardens estuary restoration project, creating valuable shallow water habitat and native riparian vegetation on a 2.34 acre site owned by the City (Acq 06 -2199) and on adjacent WADNR aquatic lands. The site is located on the right bank of the Duwamish River immediately downstream of river mile 7.0 between the Codiga Farms restoration at RM 8.5 and North Wind's Weir restoration at RM 6.4, in the high priority Duwamish Estuary "transition zone" between fresh and salt water. Off channel and shallow water habitats in this stretch of the Duwamish are needed to provide opportunities for juvenile Chinook to move out of the main channel to habitats where they can feed and rear. Longer residence times in the estuary allow for larger, healthier smolts prior to ocean migration, and thus, improved survival. The property is among the largest available site for habitat restoration remaining in the Duwamish corridor. The new habitat will be created by excavating 30,000 cubic yards of material to establish approximately —0.89 acre of shallow water mudflat and marsh habitat, and —1.24 acre of restored riparian area. Additional park enhancements will include a small parking lot, pedestrian trail, and river viewpoint, to be installed with non -SRFB funds. Interpretive signs and /or art work will feature the cultural history of the area and ecological features of the site. Amendment Eligible Scope Activities Project Sponsor: City of Tukwila Project Number: 13 -1099 Project Title: Duwamish Gardens Restoration Project Type: Restoration Program: Puget Sound Acq. & Restoration Amendment #: 2 Restoration Metrics Worksite #1, Duwamish Gardens Targeted salmonid ESU /DPS (A.23): Targeted species (non -ESU species): Project Identified In a Plan or Watershed Assessment (C.O.c) Type Of Monitoring (C.O.d.1): Estuarine / Nearshore Project Total Amount Of Estuarine / Nearshore Acres Treated (C.9.b): Creation of new estuarine area (C.9.q.1) Acres of Estuary Created (C.9.q.2): Estuarine planting or native plant establishment (C.9.r.1) Acres of Estuarine planting or native plant establishment (C.9.r.3): Exclusion devices (C.9.p.1) Acres Treated with exclusion devices (C.9.p.2): Regrading of slope (C.9.i.1) Acres of Estuary Treated through slope regrading (C.9.i.2): Removal of existing fill material (C.9.g.1) Acres of Estuary Treated through fill material removal (C.9.g.2): General restoration activities Restoration fencing and gates Number of gates: Linear feet of fencing: Traffic control Utility relocation / reconnection Utilities relocated / reconnected: Cultural Resources Cultural resources Permits Obtain permits Chinook Salmon -Puget Sound ESU, Chum Salmon -Puget Sound /Strait of Georgia ESU, Coho Salmon -Puget Sound /Strait of Georgia ESU, Pink Salmon -Odd year ESU, Steelhead -Puget Sound DPS Bull Trout, Cutthroat, Rainbow, Searun Cutthroat Green / Duwamish and Central Puget Sound Watershed Resource Inventory Area 9 (WRIA 9) Steering Committee, August 2005. Salmon Habitat Plan - Making Our Watershed Fit for a King. Prepared for the WRIA 9 Forum. King County, 201 S. Jackson St., Suite 600, Seattle, WA, 98104. Implementation Monitoring 0.9 0.9 1.2 0.5 0.9 0.9 IN Communication, Power, Sewer, Storm sewer, Water Includes investigations that have already been completed monitoring and data recovery during construction, and mitigation which are eligible pre - agreement expenses, not included in scope of design grant. AELIGREIM.RPT September 23, 2015 Page: 631 Amendment Special Conditions Project Sponsor: City of Tukwila Project Number: 13 -1099 R Project Title: Duwamish Gardens Restoration Amendment Number: 2 Special Conditions FEDERAL FUND INFORMATION This project is match to the following federal funding source (s) and the same provisions apply as if this project were funded by the federal funding source(s) as a federal subaward. Federal Agency: US Environmental Protection Agency Catalog of Federal Domestic Assistance. Number and Name: 66.123 - Puget Sound Action Agenda Federal Award Identification Number: PC-OOJ321 01 Federal Fiscal Year: 20151 Federal Award Date: 12/29/2010 Total Federal Award: $12,269,999 Federal Award Project Description: Technical Investigations and Implementation Assistance Program If federal funding information is included in this section, this Agreement is funded by a federal subaward from a portion of the total federal award. This funding is not research and development (R &D). If the sponsor's total federal expenditures are $750,000 or more during the sponsor's fiscal year, the sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R Part 200, Sub Part F - Audit Requirements, Section 500 (2013). The sponsor must provide a copy of the final audit report to RCO within nine months of the end of the sponosor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any RCO Agrements with the sponsor is such noncompliance is not promptly cured. Comply with Attachment A: The sponsor agrees to comply with Attachment A "EPA Provisions for Puget Sound Estuary and Restoration Projects ". Attachment A is incorporated by this reference as if fully set forth herein. This project is used as state match for the National Estuary Program administered by the U.S. Environmental Protection Agency. As such, the EPA Provisions are required in addition to the RCO standard Terms and Conditions. Disclosure notice: Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456. Cultural Resources Consultation: This project is subject to the National Historic Preservation Act, Section 106, and therefore appears to be exempt from Governor's Executive Order 05 -05 Archaeological and Cultural Resources (EO 05 -05) as described in Section 9 of this project agreement. In order for this project to be exempt from EO 05 -05, the Section 106 Area of Potential Effect (APE) must include all ground- disturbing activities subject to this project agreement, including the restoration staging area. The sponsor is encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to this project agreement. If the APE does not include all ground- disturbing activities subject to this project agreement, promptly notify the RCO grant manager, as this will require RCO to initiate cultural resources consultation following EO 05 -05 for those activities not included in the federal APE. Completion of this consultation and a Notice to Proceed from RCO will be required before these ground- disturbing activities can begin. State Owned Aquatic Lands: Habitat Restoration on State Owned Aquatic Lands: The in -water portion of this project occurs on state -owned aquatic lands managed by the Department of Natural Resource (DNR) on behalf of the State of Washington. The project sponsor must work with DNR's Aquatic Land Managers to secure a lease, an easement or a right of entry, as authorization to complete the restoration work. It is important for the sponsor to coordinate early with the appropriate Land Manager to avoid project delays. See the DNR Land Manager Coverage Map for contact information in your project area ( <<http• / /www.dnr.wa.gov /Publications /agr land manager map.pdf >>). Additional information on State -owned aquatic lands can be found in Section 2 of Manual 18 (2012). 64 ASPECCONO.RPT Seiatember 24. 2015 Page 1 Amendment Special Conditions Contaminated Soils Remediation Ineligible: In 2004 Gary Struthers Associates, Inc (GSA) conducted a Phase II Environmental Site Assessment (ESA) for Sound Transit on the site, and in 2008 a supplemental Phase II ESA was completed. One or more of the soil samples contained concentrations slightly or moderately exceeding the State of WA Model Toxics Control Act (MTCA) Method A or B soil cleanup levels (see Attachment 43 for additional information). Sponsor acquired the property with funding from PRISM No. 06 -2199 (https: / /secure.rco.wa.gov /prism/ search /projectsnapshot .aspx ?ProjectNumber -06- 2199). Acquisitions Manual 3 (2010) p 46 states that "Purchase of property contaminated with any hazardous substance not meeting the MTCA's standards is ineligible for RCO grant funding." In order to avoid a compliance issue, sponsor agreed to bear the site clean -up and remediation costs. In the letter from RCO to sponsor dated Nov 22, 2011, RCO agreed that the clean -up can be delayed to coincide with the restoration work provided that by December 31; 2015 the site would be clean, or there would be a fully- funded plan in place for clean -up (06 -2199 PRISM Attach 50 https:Hsecure.rco.wa.gov /prism/ search /ProjectSnapshotAttachmentData .aspx ?id = 129874). Before putting this project out to bid; the sponsor will secure approval from RCO on a plan to 1) manage the contaminated soil clean -up and remediation in compliance with applicable state and federal laws and 2) segregate associated clean -up costs from the restoration project excavation costs. The costs of the contaminated soil clean -up including soil removal, transportation, and disposal are ineligible for reimbursement or match under this project agreement. Construction Design Deliverables: The project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 Appendix D "Construction and "Design Build" Deliverables." The preliminary and final design was completed with funding from Project Agreement No. 10- 1605.. For this project agreement, the sponsor must provide As -built design documents at completion of construction. PSAR funded projects: The Puget Sound Partnership approved $79,664.53 in 2011 -2013 PSAR funding be allocated to the project as part of Cost Change Amendment #1, and an additional $163,577 in 2011 -13 PSAR funding be allocated to the project as part of Cost Change Amendment #2. PSP requires this funding be fully expended and an invoice submitted to RCO for approval by October 30, 2015 in order to have the funding fully drawn down by November 30, 2015. Any signage or press materials must acknowledge the Puget Sound Acquisition and Restoration Fund as well as RCO as a fund source. wcnr_ni+nr.in MDT nnec J511 NOV 4 City Of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes October 13, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Gail Labanara and Laurel Humphrey Guest: Dominador Amor, Local Government Manager, Puget Sound Energy CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Approving a Franchise Agreement with Puget Sound Energy. Inc. Staff is seeking Council approval of an ordinance approving a Franchise Agreement with Puget Sound Energy that covers both gas and electric services. The agreement provides for a 15 -year non - exclusive franchise that allows PSE to construct, install, maintain and operate electric power and natural gas systems in Tukwila. Staff reviewed the terms of the agreement, which includes a $5,000 administrative fee paid to the City. Committee Chair Robertson asked Mr. Amor if he would be willing to discuss issues around the city's legal ability to obtain power records when investigating illegal marijuana grow operations, and Mr. Amor indicated that he would. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. B. Bid Awards: Central Business District Sanitary Sewer Rehabilitation Staff is seeking Council approval of a contract with Michels Corporation in the amount of $528,464.52 for the 2015 Central Business District Sanitary Sewer Rehabilitation Project, which will address deterioration of the approximately 50 year old sanitary sewer pipes in that area. Staff is also seeking Council approval of a contract with Olson Brothers - Pro -Vac, LLC in the amount of $105,068.10 for the 2015 Sanitary Sewer Manhole Rehabilitation Project, which will restore 9 manholes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. C. Grant Amendment: Duwamish Gardens Staff is seeking Council approval of a grant amendment with the Washington State Recreation and Conservation Office for $200,000 additional construction funding for the Duwamish Gardens Project. This supplement will bring the total to $1,199,434.00 and the total required match to $581,523. Funds for the match are available from other grant sources. Duwamish Gardens is being restored as a salmon habitat site with minor park elements. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. D. Real Estate Exchange: Duwamish Gardens Staff is seeking Council approval of a Real Estate Exchange and Purchase Agreement and an Indemnity Agreement with Amalfi Investments. The City is exchanging a small portion of the northern property along East Marginal Way South for Amalfi's larger property located along the river. This will allow a greater area to be developed into habitat as well as make the site contiguous with the Chinook Wind property. The City will pay Amalfi $7,200.00 for :/ M.: COUNCIL AGENDA SYNOPSIS nifialr Meeting Date Prepared b Mayor' review Council review 10/19/15 BG f V� ITEM NO. 5-G. Mi. STAFF SPONSOR: BOB GIBERSON ORIGINAL A(;i.,'Nt),\DATE: 10/19/15 A(;],"NDA ITEM Tula. Duwamish Gardens Real Estate Exchange & Purchase Agreement and Indemnity Agreement CATEGORY E] Discus sion Mtg Date ❑ Motion Mtg Date 10119115 ❑ Resolution Mtg Date ❑ Ordinance YAI(g Date F-1 BidAxard Mtg Date ❑ Public Hearing Mtg Date Other Mtg Date SPONSOR ❑ Council ❑ Mayor E]HR ❑ DCD [:] Finance ❑ Fire ❑ IT ❑ P&R [:] Police Z PWI SPONSOR'S For the Duwamish Gardens site, the adjacent property owner, Amalfi Investments, offered SUNINLUZY to exchange a portion of their property located along the Duwamish River for a smaller portion of the City-owned site located along East Marginal Way S. The Amalfi land along the shoreline would be a net benefit and would connect with the proposed Chinook Wind site. The City will pay Almalfi Investments $7,200 and agree to the Indemnity Agreement regarding the excavation of the Duwamish Gardens site. Ri:\,n,'WT'1D BY ❑ cow Mtg. F-1 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte Z Utilities Cmte F-I Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/13/15 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department CONINI "Il" "E Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPFINDITURI," RI,"QuIla"i) AMOUNT BUDGETED APPROPRIATION REQUIRED $7,200.00 $60,000-00 $0.00 Fund Source: 301 PARKS FUND (PAGE 36, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated 10/09/15 Land Exchange Map Real Estate Exchange & Purchase Agreement Indemnity Agreement Minutes from the Utilities Committee meeting of 10/13/15 Mi. 70 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee ? FROM: Bob Giberson, Public Works Director By: Ryan Larson, Senior Program Manager DATE: October 9, 2015 SUBJECT: Duwamish Gardens Project No. 90630102 Real Estate Exchange & Purchase Agreement and Indemnity Agreement ISSUE Approve the Real Estate Exchange & Purchase Agreement and the Indemnity Agreement with Amalfi Investments, L.L.C. BACKGROUND The Duwamish Gardens habitat site is under construction with completion scheduled for Winter 2016. During the design process, Amalfi Investments, the property owner located north of and west of the Duwamish Gardens site, offered to exchange a portion of their property located west of the site and along the Duwamish River for a smaller portion of the city -owned site located along East Marginal Way S and on the northern portion of the site. ANALYSIS Staff, working with WRIA 9 staff, determined that the proposed new site configuration offered additional project area as well as additional shoreline property that would be a net benefit for the City project. This property exchange would allow a greater area to be developed into usable habitat elements and would also allow the site to be contiguous with the proposed Chinook Wind property, now under the ownership of King County. Staff contracted with King County Real Estate Services to appraise the property, work with the various granting agencies for approval of the property exchange, and to negotiate a Real Estate Exchange and Purchase Agreement. The Real Estate Exchange agreement outlines both parties' responsibilities in the exchange and the overall purchase price. The agreement calls for the City to pay Amalfi Investments a total of $7,200.00 for the land exchange as determined by the real estate appraiser. In the property exchange, the portion of land that the City is acquiring has a higher land value compared to the portion of land that the City is selling. A separate Indemnity Agreement was also developed that clarifies the City's responsibilities regarding the construction of Duwamish Gardens and the stability of the newly constructed slopes. In the Indemnity Agreement, the City agrees to repair any damage or instability to the Amalfi property resulting from the excavation of the Duwamish Gardens site. RECOMMENDATION Council is being asked to approve the Real Estate Exchange & Purchase Agreement and the Indemnity Agreement with Almalfi Investments and consider this item on the Consent Agenda at the October 19, 2015 Regular Meeting. Attachment: Land Exchange Map Real Estate Exchange & Purchase Agreement Indemnity Agreement WAPW Eng \PROJECTS\A- DR Projects\Duwamish Gardens 06 -DR02 (90630102)Wcquisrion \Land Exchange \INFO MEMO Real Estate Exchange AG 10 -09 -15 gl sb.docx 71 72 Legend Tukwila Property Exchange Areas Parcel Boundaries LIM King County Feet 100 200 The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County. [M. Murphy/ Feb. 2014] 74 REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT This Real Estate Exchange and Purchase Agreement (the "Agreement ") is made as of the date this instrument is fully executed by and between AMALFI INVESTMENTS, L.L.C., a Washington limited liability company ( "Amalfi "), the current owner of the real property more fully described in Exhibit E -1, and CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila "), the current owner of the real property more fully described in Exhibit E -2, for the exchange of a portion of each parties' real property, the Amalfi Property and Tukwila Property, as defined below, and all rights appurtenant thereto on terms and conditions set forth hereon, and for the boundary adjustment of the Amalfi's real property and Tukwila's real property situated in King County, Washington, described on Exhibit D -1 and D -2, respectively. 1. PURCHASE PRICE: Amalfi shall transfer the Amalfi Property to Tukwila in exchange for the Tukwila Property together with Seven Thousand Two Hundred and No /100 Dollars (US $7,200.00) payment from Tukwila (together for Amalfi and Tukwila, the "Purchase Price "). The Purchase Price is payable at closing in cash together with two Warranty Deeds describing the Amalfi Property and Tukwila Property respectively to be executed at Closing. 2. TITLE: 2.1 Deed (Amalfi Property): At closing, Amalfi will execute and deliver to Tukwila a Warranty Deed conveying and warranting good and marketable title to the real property described on Exhibit A -1 hereto (the "Amalfi Property ") free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those defects and /or encumbrances contemplated by this Agreement or to be identified as Amalfi Property Permitted Exceptions. As of the date of this Agreement, the parties have not conducted a survey to fully describe the Amalfi Property, however, following execution of this Agreement the parties shall conduct a survey under Section 3.4 to describe the Amalfi Property, subject to each party's acceptance under Section 3.5. 2.2 Deed of Easement: At closing, Tukwila will also execute and deliver to Amalfi a Stormwater Drainage Easement as found in Exhibit B (the " Stormwater Drainage Easement ") for the existing drain pipe to remain on the property being conveyed by Amalfi. Said easement shall be conveyed simultaneously with the transfer of the two Warranty Deeds. 2.3 Deed (Tukwila Property): At closing, Tukwila will execute and deliver to Amalfi a Warranty Deed conveying and warranting good and marketable title to the real property described on Exhibit A -1 hereto (the "Tukwila Property ") free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those defects and/or encumbrances contemplated by this Agreement or to be identified as Tukwila Property Permitted Exceptions. As of the date of this Agreement, the parties have not conducted a survey to fully describe the Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 1 of 28 10/07/15 75 Tukwila Property, however, following execution of this Agreement the parties shall conduct a survey under Section 3.4 to describe the Tukwila Property, subject to each party's acceptance under Section 3.5. 2.4 Title Insurance (Amalfi Property): At closing, Tukwila shall receive (at Tukwila's expense) an owner's extended ALTA policy of title insurance or endorsement acceptable to Tukwila for the Amalfi Property, dated as of the closing date and insuring Tukwila in the amount of the appraised value against loss or damage by reason of defect in Tukwila's title to the Property subject only to the printed exclusions appearing in the policy form and any Amalfi Property Permitted Exceptions. 2.5 Title Insurance (Tukwila Property): At closing, Amalfi shall receive (at Tukwila's expense) an owner's extended ALTA policy of title insurance or endorsement acceptable to Amalfi for the Tukwila Property, dated as of the closing date and insuring Amalfi Investments, LLC in the amount of the appraised value against loss or damage by reason of defect in their title to the Tukwila Property subject only to the printed exclusions appearing in the policy form and any Tukwila Property Permitted Exceptions. 2.6 Review of Title Commitment and Survey: Within fourteen (14) days from the completion of the ALTA survey contemplated by Section 3.4 hereof, Tukwila shall cause Stewart Title Company to furnish to Tukwila with respect to the Amalfi Property and Fidelity National Title to furnish to Amalfi with respect to the Tukwila Property a commitment for an ALTA Owner's Standard Coverage Policy of Title Insurance (together, the "Title Commitment "), in accordance with Section 2.4 and 2.5 hereof. Tukwila shall cause the Title Commitment to be furnished along with legible true copies of all instruments referred to in the Title Commitment as conditions or exceptions to title to the Amalfi Property or Tukwila Property, as applicable. Each party shall have until fifteen (15) days following the issuance of the Title Commitment within which to notify the other in writing of any objections to any matters shown or referred to in the Title Commitment or the ALTA survey. Any exceptions or other items which are set forth in the Title Commitment or the ALTA survey and to which a party does not object within the fifteen (15) day period shall be deemed to be permitted exceptions (the "Permitted Exceptions "). The Permitted Exceptions related to the Tukwila Property shall be the "Tukwila Property Permitted Exceptions" and the Permitted Exceptions related to the Amalfi Property shall be the "Amalfi Property Permitted Exceptions." The Amalfi Property Permitted Exceptions shall include the Stormwater Drainage Easement. With regard to items to which a party does object within the fifteen (15) day period, the other party shall use its best efforts to cure such objections within fifteen (15) days, or such longer period as may be approved by the objecting party. If, in spite of its best efforts, a party is unable to cure such objections by Closing, the other party may at its option waive the objections not cured or terminate this Agreement by notice to the party unable to cure such objections. 3. CONTINGENCIES: Unless otherwise specified in this Agreement, Tukwila shall have until January Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 2 of 28 10/07/15 76 31, 2016, to remove all its contingencies referenced in this Paragraph 3 and provide notice of such removal in accordance with Paragraph 8 herein. If the contingencies are not removed within this period, this Agreement shall be null and void, except with respect to each party's indemnification obligations hereunder, unless the deadline is extended by written mutual consent. The contingency removal shall be conducted in two phases. Prior to Amalfi's obligation to take any act necessary to remove contingencies under Section 3, the City of Tukwila's obligations under the contingencies in Section 3.1 (Environmental Review), Section 3.2 (Conversion and Replacement Approval), Section 3.3 (Amalfi's Storm Drainage Easement), Section 3.4 (Boundary Line Adjustment), Section 3.6 (Removal of Underground Storage Tank), and Section 3.7 (Removal of Other Improvements) shall have been satisfied. Following Tukwila's removal of such contingencies, Amalfi shall have a period of sixty (60) days to remove all its contingencies referenced in this Paragraph 3 and provide notice of such removal in accordance with Paragraph 8 herein. 3.1 Environmental Review: Both Amalfi and Tukwila, based upon an Environmental Site Assessment and any other due diligence for the Amalfi Property and Tukwila Property respectively, shall determine that there are not and have not been any significant releases of Hazardous Materials, as defined below, on the property that each party will acquire at Closing. To carry out this obligation, both Amalfi and Tukwila (when context dictates, the "Inspecting Party ") hereby grant the other party (when context dictates, the "Inspecting Party ") and its employees, agents or contractors a right of entry onto the Inspected Party's property to be transferred pursuant to this Agreement (the "Inspected Party's Property ") upon notice and approval from the Inspected Party for reasonable site inspections and testing, including, but not limited to, collection and testing of bore samples from random locations within the Inspected Party's Property, performed in connection with the Environmental Site Assessment. Each Inspecting Party agrees to hold harmless, indemnify and defend the Inspected Party, its officers, agents and employees, from and against all claims, losses, or liability, for injuries, sickness or death of persons, including employees of the Inspecting Party, caused by or arising out of any act, error or omission of the Inspecting Party, its officers, agents, contractors, subcontractors or employees in entering Inspected Party's Property for the above purposes, to the extent not caused by or arising out of any act, error or omission of the Inspected Party, its officers, agents and employees. Immediately following the execution of this Agreement, Tukwila and Amalfi will provide the other party with all existing Environment Site Assessments and any other environmental tests, studies, and reports of any kind related to the Tukwila Property or Amalfi Property, as applicable, in its possession and such tests, studies, and reports shall be reasonably satisfactory to the other Pty• 3.2 Conversion and Replacement Approval: The parties shall have obtained approval, conditioned upon, and effective automatically upon without further action by any party, the consummation of the transaction contemplated herein and in a form reasonably satisfactory to Amalfi and Tukwila, by the State of Washington Recreation and Conservation Office to lift the salmon recovery restrictions from the Tukwila Property and to place them upon the Amalfi Property. Such approval shall be in a form Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 3 of 28 10/07/15 77 sufficient to permit Amalfi to obtain a title insurance policy free and clear of any RCO deed restriction. 3.3 Amalfi's Reservation of Easement: The parties shall have obtained approval, conditioned upon, and effective automatically upon without further action by any party, the consummation of the transaction contemplated herein and in a form reasonably satisfactory to Amalfi and Tukwila, by the State of Washington Recreation and Conservation Office for the Amalfi Stormwater Drainage Easement. The Amalfi Stormwater Drainage Easement shall be five feet on either side of a line to be drawn and described in conjunction with the BLA survey in accordance with paragraph 3.4 below. 3.4 Boundary Line Adjustment: The parties shall conduct an ALTA survey of the Amalfi Property, the Tukwila Property, and the post- exchange real property for Amalfi and Tukwila. Amalfi shall receive a copy of any and all surveys conducted or required under this Agreement, including, without limitation, the ALTA survey for the post- exchange real properties. Such survey shall be conducted to each party's satisfaction, which may be withheld in either party's sole discretion. Upon approval from both parties, such legal descriptions shall be inserted into this Agreement and form the basis of Exhibit A -1 (Amalfi Property), Exhibit A -2 (Tukwila Property), Exhibit D -1 ( Amalfi's post - closing real property), and Exhibit D -2 (Tukwila's post - closing real property). Additionally, the parties shall have obtained the final approval, conditioned upon the consummation of the transaction contemplated herein, by the appropriate agency of the City of Tukwila of an application to adjust the boundary lines of the Amalfi Property and Tukwila Property to conform with the conveyances contemplated herein (`BLA "). The BLA approval shall include the Stormwater Drainage Easement, described in Section 3.3 herein. Any expenses incurred in obtaining the BLA shall be borne by Tukwila, including any surveys required for the BLA or this Agreement. Said survey shall also include the existing stormwater drain pipe and outfall and shall provide the legal description of the Stormwater Drainage Easement to be conveyed. 3.5 Confirmation of Legal Description: The parties shall have obtained the approval of both Amalfi and Tukwila for the legal descriptions describing the Amalfi Property, the Tukwila Property, and the remaining Amalfi real property and Tukwila real property following the conveyances contemplated herein, as described in Section 3.5. Once approved by the affected party, these revised legal descriptions reflecting the BLA shall be inserted into Exhibits D -1 and D -2 respectively. 3.6 Removal of Underground Storage Tank: The transfer of the Tukwila Property is contingent on Tukwila removing the existing underground storage tank which is now located upon the Tukwila Property at Tukwila's expense prior to Closing, providing Amalfi with evidence reasonably satisfactory to Amalfi that no further remediation actions are needed. Tukwila will bear the cost of removal, including without limitation, any soil remediation or removal to an appropriate waste facility. 3.7 Removal of Other Improvements: If in the event any additional improvements not contemplated herein fall within either the Amalfi Property or the Tukwila Property, Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 4 of 28 10/07/15 i those improvements will be removed at the expense of the party's whose property those improvements are situated on prior to the conveyances contemplated herein. 3.8 UPS Release: UPS Freight will release the affected portion of their lease by the exchange contemplated herein if necessary at or prior to Closing. 3.9 Veracity of All Representations and Warranties; Performance of Covenants. To the best of their knowledge all representations and warranties contained in Paragraph 6 of this Agreement are true and correct as of the date of Closing. 4. INFORMATION FURNISHED. As soon as possible and not later than seven (7) days from the date hereof, Tukwila and Amalfi shall deliver to the other (i) copies of all contracts or permits which continue to affect any portion of the Tukwila Property or Amalfi Property, as applicable, in each party's possession, (ii) any and all instruments affecting Tukwila or Amalfi's title to the Tukwila Property or Amalfi Property, as applicable, or any part thereof, if any, and (iii) copies of all plans, specifications, books, records, and documents pertaining to the Tukwila Property or Amalfi Property (as applicable) in Tukwila's or Amalfi's possession. Upon execution hereof, Tukwila and Amalfi and its authorized representatives shall have the right to inspect the Amalfi Property and Tukwila Property, respectively, at each own's expense during reasonable business hours (with reasonable notice to the other and opportunity for the other's representatives to accompany the other party). Tukwila and Amalfi shall give the other its reasonable cooperation and to confirm, when requested, the accuracy of the information relied upon by Tukwila or Amalfi. 5. RISK OF LOSS: Both parties will bear the risk of loss of or damage to their respective properties prior to Closing, except as otherwise provided for in this Agreement. In the event of such loss or damage to the Amalfi Property or Tukwila Property, the owner of the damaged property shall promptly notify other party thereof and either party may, in its sole discretion, terminate this Agreement by giving notice of termination to the other party. 6. AMALFI AND TUKWILA MUTUAL REPRESENTATIONS, WARRANTIES AND COVENANTS: Amalfi and Tukwila (each for this Section 6, the "Representing Party ") each represents, warrants and covenants to the other (the "Other Party ") at the date of execution of this Agreement and the date of closing as set forth below in this Section 6. All representations, warranties, and covenants shall survive Closing. 6.1 Authority: Each party represents that it has full power and authority to execute this Agreement and perform the obligations herein. 6.2 No Leases: As of the Closing, Amalfi represents that the Amalfi Property is not subject to any leases, tenancies or rights of persons in possession that are not otherwise disclosed. As of the Closing, Tukwila represents that the Tukwila Property is not subject to any leases, tenancies or rights of persons in possession that are not otherwise disclosed. Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 5 of 28 10/07/15 Wel 6.3 No Material Defect: Amalfi is unaware of any material defect in the Amalfi Property that would make the Amalfi Property unfit for its intended use by Tukwila. Tukwila is unaware of any material defect in the Tukwila Property that would make the Tukwila Property unfit for its intended use by Amalfi. 6.4 Debris and Personal Property: Amalfi and Tukwila will remove all debris and personal property prior to closing located on their respective property each at their own cost and expense, and each party will indemnify and hold the other party harmless from all claims and expenses arising from such removal. 6.5 Contamination: To the best of the Representing Party's knowledge, the Representing Party represents and warrants that it has not caused or allowed the generation, treatment, storage, or disposal of Hazardous Materials on the Amalfi Property or Tukwila Property (as applicable), except in accordance with local, state, and federal statutes, rules, ordinances and regulations, nor caused or allowed the release of any hazardous substance onto, at, or near the Amalfi Property or Tukwila Property (as applicable). To the best of the Representing Party's knowledge, it represents that it is in compliance with all applicable laws, rules, and regulations regarding the handling of hazardous substances, has secured all necessary permits, licenses and approvals necessary to its operation on the Amalfi Property or Tukwila Property (as applicable), and is in compliance with such permits. The Representing Party has not received notice of any proceedings, claims, or lawsuits arising out of its operations on the Amalfi Property or Tukwila Property (as applicable) and, to the Representing Party's knowledge, the Amalfi Property or Tukwila Property (as applicable) is not, nor has it ever been subject to the release of hazardous substances. The term "Hazardous Materials" includes, but is not limited to, (i) any petroleum or petroleum products, natural gas, or natural gas products, radioactive materials, asbestos, urea formaldehyde foam insulation, transformers or other equipment that contains dielectric fluid containing levels of polychlorinated biphenyls ( "PCBs "), and radon gas; (ii) any chemicals, materials, waste or substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," "contaminants," or "pollutants," or words of similar import, under any environmental laws; and (iii) any other chemical, material, waste or substance which is in any way regulated by any federal, state or local government authority, agency or instrumentality, including mixtures thereof with other materials, and including any materials such as asbestos and lead. 6.6 Fees and Commissions: The Representing Party shall pay for any broker's or other commissions or fees incurred by the Representing Party in connection with the sale of the Amalfi Property or Tukwila Property (as applicable) and the Representing Party shall indemnify and hold the Other Party harmless from all such claims for commission and/or fees. 6.7 Indemnification: The Representing Party agrees to indemnify, defend, and hold harmless the Other Party, its employees, agents, heirs and assigns, from and against any Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 6 of 28 10/07/15 9C and all damage, claim, liability, or loss, including reasonable attorney's and other fees, arising out of or in any way connected to the breach of any representation or warranty contained herein. Such duty of indemnification shall include, but not be limited to damage, liability, or loss pursuant to all federal environmental laws, Washington State environmental laws, strict liability and common law. 6.8 Fencing: Tukwila within 90 days following the Closing will have constructed and installed a new 8 foot high fence with three strands of barbed wire along the entire length of the post - Closing common property line for the parties at Tukwila's sole expense. Additionally, the City will remove and dispose of the existing fencing in its entirety. Fencing shall be similar to existing fencing on each parcel, and shall be completed in a professional and workmanlike manner. Tukwila shall hold harmless, indemnify and defend Amalfi, its officers, agents and employees, from and against all claims, losses, or liability, for injuries, sickness or death of persons, including employees of the Tukwila, caused by or arising out of any act, error or omission of the Tukwila, its officers, agents, contractors, subcontractors or employees in connection to such construction, to the extent not caused by or arising out of any act, error or omission of the Amalfi, its officers, agents and employees. 6.9 Waste; Alteration of Property: Prior to the exchange of property contemplated herein, Amalfi shall not: (i) commit waste on the Amalfi Property; (ii) remove trees or other vegetation, coal, minerals or other valuable materials from the Amalfi Property; and (iii) substantially alter the surface or subsurface of the Amalfi Property without the express written consent of Tukwila. Prior to the exchange of property contemplated herein, Tukwila shall not: (i) commit waste on the Tukwila Property; (ii) remove trees or other vegetation, coal, minerals or other valuable materials from the Tukwila Property; and (iii) substantially alter the surface or subsurface of the Tukwila Property without the express written consent of Amalfi. 6.10 Removal of Underground Storage Tank: Tukwila shall remove the existing underground storage tank which is now located upon the Tukwila Property, including any and all associated piping and equipment, at Tukwila's expense prior to closing, and shall provide Amalfi with evidence reasonably satisfactory to Amalfi that no further remediation actions are needed and taking any action required to comply with any applicable law, regulation, ordinance, or order. Tukwila will bear the cost of removal, including without limitation, any soil remediation or removal to an appropriate waste facility. Tukwila shall hold harmless, indemnify and defend Amalfi, its officers, agents and employees, from and against all claims, losses, or liability, for injuries, sickness or death of persons, including employees of the Tukwila, caused by or arising out of any act, error or omission of the Tukwila, its officers, agents, contractors, subcontractors or employees in connection to such construction, to the extent not caused by or arising out of any act, error or omission of the Amalfi, its officers, agents and employees. 6.11 Good and Marketable Title; Materialman and Mechanics Liens: Except for Permitted Exceptions, the Amalfi Property will be transferred to Tukwila free and clear of all mortgages, deeds of trust, security interests, liens, pledges, charges, encumbrances, Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 7 of 28 10/07/15 RI claims, liabilities or debts of any kind or nature. Except for Permitted Exceptions, the Tukwila Property will be transferred to Amalfi free and clear of all mortgages, deeds of trust, security interests, liens, pledges, charges, encumbrances, claims, liabilities or debts of any kind or nature. To the extent either party has duties to perform work on the other's property following the Closing, the party performing work shall indemnify the other party for any materialman or mechanics liens filed and any costs incurred by the other party associated with such filing. 6.12 No Litigation: The Representing Party has not received any written notice of any legal actions, suits, arbitrations, proceedings or condemnation or similar proceedings, claims, or zoning changes pending or threatened and affecting the Amalfi Property or Tuwkila Property (as applicable), nor does the Representing Party know any basis for, including by written notice of, any pending or threatened legal actions, suits, arbitrations or proceedings or claims affecting the Amalfi Property or Tukwila Property (as applicable) and in which the Representing Party or Other Party will be a party by reason of the Representing Party's ownership of the Amalfi Property or Tukwila Property (as applicable) or entry into this agreement. 6.13 Removal of Property: If in the event any additional improvements not contemplated herein fall within either the Amalfi Property or the Tukwila Property, those improvements will be removed at the expense of the party's whose property those improvements are situated on prior to the conveyances contemplated herein. Without limiting the proceeding sentence, Tukwila shall remove trees along the fence line, the brick house, including any associated basement, foundation, underground utilities, piping, and equipment, and have the area backfilled with clean soil reasonably suitable to Amalfi and compacted prior to the Closing. Notwithstanding the terms in this section, Tukwila shall leave the existing driveway on the Tukwila Property and curbcut. 6.14 Ordinary High Water Mark: Pursuant to RCW 90.58.580 and TMC 18.44.120, Tukwila granted relief to the property retained by Amalfi post - closing as described in Exhibit D -1 (the "Amalfi Post - Closing Property "), and the Department of Ecology concurred in the granting of such relief, to ensure that the movement of the ordinary high water mark due to the construction of a restoration project by Tukwila would not impact the Amalfi Post - Closing Property (the "Shoreline Relief Approval "). The parties shall record in a form satisfactory to Amalfi, Tukwila's Shoreline Relief Approval Letter, dated January 5, 2015 and the Department of Ecology's ( "Ecology ") Concurrence Letter, dated January 16, 2015. Additionally, Tukwila represents, warrants and agrees as follows: (i) the Phase I of the Duwamish Gardens shoreline restoration project shall be implemented consistent with the Shoreline Relief Approval, so as not to impair any benefits of the Shoreline Relief Approval accruing to the Amalfi Post - Closing Property; (ii) no future or additional phase of the Duwamish Gardens shoreline restoration project, or other shoreline restoration work conducted or authorized by Tukwila in the vicinity of the Amalfi Post - Closing Property, shall be undertaken which would move the ordinary high water mark of the Duwamish River closer to the Amalfi Post - Closing Property (and thereby increase the area of shoreline management jurisdiction on the Amalfi Post - Closing Property), without prior confirmation in writing from Tukwila and Ecology that Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 8 of 28 10/07/15 FM the Shoreline Relief Approval (or a future amendment thereto) provides full relief to the Amalfi Post - Closing Property as provided under RCW 90.58.580 and TMC 18.44.120. The provisions of this Section 6.14 shall survive Closing. 6.15 No Material Changes: The Amalfi Property and Tukwila Property have not materially changed, following the date of this Agreement. 7. CLOSING: 7.1 Time for Closing: The sale will be closed in the office of the Closing Agent not later than twenty one (21) days from the date all contingencies set forth in Paragraph 3 herein have been removed, or as soon thereafter as practicable. Amalfi and Tukwila shall deposit in escrow with the Closing Agent all instruments, documents and moneys necessary to complete the sale in accordance with this Agreement. As used in this Agreement, "closing," "Closing," and "date of closing" means the date on which all appropriate documents are recorded and proceeds of the sale are available for disbursement to Amalfi and Tukwila respectively. The "Closing Agent" shall be: Stewart Title Company 1420 Fifth Ave., Suite 440 Seattle, WA 98101 7.2 Prorations, Closing Costs: Tukwila will pay real estate excise taxes (if any are due) for the Amalfi Property and Tukwila Property, real property taxes prorated beginning on the date of closing for the Amalfi Property and real property taxes, if any, prorated through the date of closing on the Tukwila Property. Additionally, Tukwila will pay the premium for the Tukwila and Amalfi owner's title insurance policy or any endorsements, any recording costs, the Closing Agent escrow fees, any survey costs, any costs pertaining to environmental reports obtained hereunder, and any costs or fees related to any governmental, regulatory, or quasi - governmental approval, consent, or acknowledgment obtained under this Agreement. 7.3 Possession: Tukwila shall be entitled to possession of the Amalfi Property at Closing. Amalfi shall be entitled to possession of the Tukwila Property at Closing. 7.4 Simultaneous Closings: The simultaneous recording of the deeds exchanging the Tukwila Property and Amalfi Property, along with the recording of the Stormwater Drainage Easement, shall be a condition of both parties' performance under this Agreement. 8. NOTICES: Any notices required herein shall be given to the parties at the addresses listed below: Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 9 of 28 10/07/15 M. TO AMALFI: Amalfi Investments LLC c/o Westshore Management P.O. Box 249 Medina, WA 98039 -0249 Attn: Daniel Temkin, Managing Partner TO TUKWILA: City of Tukwila, Department of Public Works 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Attn: Ryan Larson 9. GENERAL: This is the entire agreement of Amalfi and Tukwila with respect to the Amalfi Property and Tukwila Property and supersedes all prior or contemporaneous agreements between them, written or oral. This Agreement may be modified only in writing, signed by Amalfi and Tukwila. Any waivers under this Agreement must be in writing. A waiver of any right or remedy in the event of a default will not constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement is for the benefit of, and binding upon, Amalfi and Tukwila and their heirs, personal representatives, successors and assigns. The invalidity or unenforceability of any provision of this agreement will not affect the validity or enforceability of any other provision. Time is of the essence in this Agreement. 10. SURVIVAL OF WARRANTIES: The terms, covenants, representations and warranties shall not merge in the deed of conveyance, but shall survive Closing. All the terms, covenants, representations and warranties shall be made as of the date of execution and shall be deemed to have been remade as of the Closing. [Signature page attached.] Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 iA Page 10 of 28 10/07/15 Signed in duplicate original. AMALFI: Amalfi Investments L.L.C. By: Its: TUKWILA: City of Tukwila, a municipal corporation of the State of Washington Date By: The Honorable Jim Haggerton Date Title: Mayor of City of Tukwila EXHIBITS: Exhibit A -1, Legal Description (Amalfi Property to be conveyed) Exhibit A -2, Legal Description (Tukwila Property to be conveyed) Exhibit B, Pro -Forma Stormwater Drainage Easement Exhibit C, Intentionally omitted Exhibit D -1, Full Legal Description (Amalfi's real property after conveyance) Exhibit D -2, FullLegal Description (Tukwila's real property after conveyance) Exhibit E -1, Full Legal Description of Amalfi property prior to transaction Exhibit E -2, Full Legal Description of Tukwila property prior to transaction Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 11 of 28 10/07/15 M. STATE OF WASHINGTON) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Mayor Jim Haggerton is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Mayor of City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Printed name Notary Public in and for the State of Washington Residing at My appointment expires Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 12 of 28 10/07/15 L.Q. STATE OF WASHINGTON) )SS COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged in his capacity as managing member of Amalfi Investments L.L.C., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Printed signature Notary Public in and for the State of Washington, residing at My appointment expires Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 13 of 28 10/07/15 RYA EXHIBIT A -1 TO PURCHASE AND SALE AGREEMENT (To Be Inserted in Conformance with the Boundary Line Adjustment Survey) AMALFI PROPERTY LEGAL DESCRIPTION (THE EXCHANGED PORTION OF THE AMALFI PARCEL) Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 14 of 28 10/07/15 EXHIBIT A -2 TO PURCHASE AND SALE AGREEMENT (To Be Inserted in Conformance with the Boundary Line Adjustment Survey) TUKWILA PROPERTY LEGAL DESCRIPTION (THE EXCHANGED PORTION OF THE CITY OF TUKWILA PARCEL) Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 15 of 28 10/07/15 We EXHIBIT B TO PURCHASE AND SALE AGREEMENT Recording Requested By And When Recorded Mail To: King County Water and Lands Resources Division Open Space Acquisitions 201 South Jackson Street, Suite 600 Seattle, WA 98104 STORMWATER DRAINAGE EASEMENT Grantor: The City of Tukwila, a municipal corporation Grantee: Amalfi Investments, LLC Grantor Abbreviated Legal: Grantor Legal: Grantor Tax Parcel ID #: Grantee Abbreviated Legal: See Exhibit A Grantee Legal: See Exhibit B Grantee Tax Parcel ID #: Easement Legal Description: See Exhibit C Project: Duwamish Garden Enhancement For and in consideration of One Dollar ($1.00 US), and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City of Tukwila, a municipal corporation ( "Grantor ") hereby grants a perpetual, nonexclusive easement (the "Easement ") to Amalfi Investments, LLC ( "Grantee "), and its successors and assigns in title or interest to all or any portion of Grantee's real property legally described on Exhibit `B" hereto (the "Grantee's Real Property "). Said Easement shall be appurtenant to Grantor's land for the benefit of the Grantee's Real Property and running with the land and burdening the Grantor's real property described on Exhibit "A" hereto (the "Grantor's Real Property ") under, over, through and across the following described land for the purpose of laying, maintaining, repairing, replacing, and installing a storm drainage pipeline, catch basins, and appurtenances thereof, said land being described as follows: Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 16 of 28 10/07/15 90 SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF (the "Easement Area "), which shall describe an area of 5' on either side of a line legally described in Exhibit "C ". The Easement contemplated herein is solely for the use, construction, reconstruction, repair, and maintenance of a storm drainage pipeline, catch basins, and appurtenances thereof, which originate on the Grantee's Real Property and terminate on the Grantor's Real Property. Water shall be permitted to flow through the storm drainage pipeline, catch basins, and appurtenances thereof in the Easement Area. Grantor shall not connect to or otherwise use the storm drainage facilities contemplated herein. Grantee shall have access, ingress and egress on the Easement Area for the purposes of inspection, construction, reconstruction, maintenance, repairs, and compliance with all codes, regulation or policies, which may affect said storm drainage facilities beyond the date of original construction, provided that restoration, plantings, and trail improvements (if any) are returned to as good or better condition as existed prior to disturbance. Grantee herein agrees to hold the Grantor harmless for any and all expenses, damages, costs, liabilities, or judgments directly attributable to the construction, reconstruction, repair, and maintenance of said drainage facilities on the Easement Area, except to the extent caused by Grantor. Grantor shall retain the right to use the surface of the Easement Area for restoration and trail purposes, so long as said use does not interfere with the installation, usage, repair, and maintenance of the storm drainage facilities and so long as no permanent buildings, structures, or interfering landscaping, plants, or trees are placed on said Easement Area. Grantor herein agrees to hold the Grantee harmless for any and all expenses, damages, costs, liabilities, or judgments directly attributable to the damage of said drainage facilities on the Easement Area resulting from its interference with the installation, usage, repair, and maintenance of the storm drainage facilities or damages Grantor causes to the storm drainage facilities. If any dispute arises under this Easement, it is expressly agreed that venue shall lie in King County, State of Washington and that the prevailing party in any such action shall be entitled to reasonable attorney's fees and costs as set by the court. This Easement may only be amended in a writing signed by all parties hereto, or their respective successors, heirs, or assigns, and recorded in the office of the King County Recorder, provided that it is approved by Washington State's Recreation and Conservation Office under the terms of their Deed of Right that has been recorded on the property. This Easement and the terms contained herein are not intended to be personal to the individual property owners and shall be a covenant running with the lands described herein and in the exhibits and shall be binding and enforceable at law and in equity on the successors, heirs and assigns of all parties hereto. Nothing contained herein shall be deemed to be a gift of dedication Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 17 of 28 10/07/15 91 of any portion of the Easement Area to the general public, for the general public, or for any public uses whatsoever. Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 18 of 28 10/07/15 92 EXECUTED as of this day of _, 2015. GRANTOR: City of Tukwila, a municipal corporation of the State of Washington By: The Honorable Jim Haggerton Date Title: Mayor of City of Tukwila GRANTEE: Amalfi Investments L.L.C. By: Its: Date Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 19 of 28 10/07/15 93 STATE OF WASHINGTON) )SS. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Mayor Jim Haggerton is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Mayor of City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Printed name Notary Public in and for the State of Washington Residing at My appointment expires Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 20 of 28 10/07/15 • A STATE OF WASHINGTON) )SS COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged in his capacity as managing member of Amalfi Investments L.L.C., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Printed signature Notary Public in and for the State of Washington, residing at My appointment expires Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 21 of 28 10/07/15 95 EXHIBIT A TO STORMWATER DRAINAGE EASEMENT TUKWILA LEGAL DESCRIPTION [To Be Completed Prior to Recording. This is the post - closing legal description for the entire Tukwila property] Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 22 of 28 10/07/15 •. EXHIBIT B TO STORMWATER DRAINAGE EASEMENT AMALFI LEGAL DESCRIPTION [To Be Completed Prior to Recording. This is the post - closing legal description for the entire Amalfi property.] Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 23 of 28 10/07/15 97 EXHIBIT C TO STORMWATER DRAINAGE EASEMENT EASEMENT AREA LEGAL DESCRIPTION [To Be Completed Prior to Recording. This is the legal for the actual easement area.] Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 24 of 28 10/07/15 EXHIBIT D -1 TO PURCHASE AND SALE AGREEMENT (To Be Inserted in Conformance with the Boundary Line Adjustment Survey) AMALFI PROPERTY LEGAL DESCRIPTION (ENTIRE AMALFI PROPERTY FOLLOWING CLOSING) Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 25 of 28 10/07/15 •6 EXHIBIT D -2 TO PURCHASE AND SALE AGREEMENT (To Be Inserted in Conformance with the Boundary Line Adjustment Survey) TUKWILA PROPERTY LEGAL DESCRIPTION (ENTIRE CITY OF TUKWILA PROPERTY FOLLOWING CLOSING) Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 26 of 28 10/07/15 100 EXHIBIT E -1 TO PURCHASE AND SALE AGREEMENT AMALFI PROPERTY LEGAL DESCRIPTION PRIOR TO CONTEMPLATED TRANSACTION AND BOUNDARY LINE ADJUSTMENTS All the portion of Government Lot 1, Section 10, Township 23 North, Range 4 East, W. M., lying North of the Duwamish River, or North of the Government Meander Line along the North Bank of said river, and West of the Westerly line of East Marginal Way; Except that portion as condemned in King County Superior Court Cause No. 469557 for transmission lines right of way; And except all county roads; And except that portion thereof described as follows: Beginning at a point on the West line of said Government Lot 1, lying South 00 °32'40" West 636.35 feet from the Northwest corner thereof; Thence South 88 °51'20" East parallel with the North line of said Government Lot 1, 208.79 feet to the True Point of Beginning; Thence North 69'47'10" East 514 feet, more or less, to the Westerly line of East Marginal Way; Thence South 16 °48'50" East along said Westerly line to the Duwamish River; Thence Westerly along the Duwamish River to a point which bears South 20'12'50" East from the True Point of Beginning; Thence North 20 °12'50" West to the True Point of Beginning. Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 27 of 28 10/07/15 101 EXHIBIT E -2 TO PURCHASE AND SALE AGREEMENT. TUKWILA PROPERTY LEGAL DESCRIPTION PRIOR TO CONTEMPLATED TRANSACTION AND BOUNDARY LINE ADJUSTMENTS Parcel A: That portion of Government Lot 1, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington described as follows: Commencing South 00 °32'40" West 636.35 feet from the Northwest corner of Government Lot 1; Thence South 88 °51'20" East parallel with the North line thereof 208.79 feet to the True Point of Beginning; Thence North 69'47'10" East 514 feet, more or less, to the Westerly line of East Marginal Way; Thence South along said line to the Duwamish River; Thence Westerly along said river to a point bearing South 20 °12'50" East from the True Point of Beginning; Thence North 20° 12'50" West to the True Point of Beginning. Except the Northerly 90 feet of the Easterly 100 feet thereof, Except the Southerly 90 feet of the Northerly 180 feet of the Easterly 100 feet thereof, And except that portion conveyed to King County by deed recorded under Recording No. 8708280481. Parcel B: The Northerly 90 feet of the Easterly 100 feet of the following: That portion of Government Lot 1, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington described as follows: Commencing South 00 °32'40" West 636.35 feet from the Northwest corner of Government Lot 1; Thence South 88 °51'20" East parallel with the North line thereof 208.79 feet to the True Point of Beginning; Thence North 69'47'10" East 514 feet, more or less, to the Westerly line of East Marginal Way; Thence South along said line to the Duwamish River; Thence Westerly along said river to a point bearing South 20'12'50" East from the True Point of Beginning; Thence North 20'12'50" West to the True Point of Beginning Duwamish Exchange City of Tukwila and Amalfi Inv EXCHANGE AGREEMENT 9 2 Page 28 of 28 10/07/15 102 INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (the "Agreement ") is entered into as of the day of , 2015 (the "Effective Date "), by and between AMALFI INVESTMENTS, L.L.C., a Washington limited liability company ( "Amalfi "), and CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila "). RECITALS A. Following the consummation of the transaction in that certain Real Estate Exchange and Purchase Agreement by and between Amalfi and Tukwila dated , 2015 (the "Exchange Agreement "), Amalfi will be the owner of the real property more fully described in Exhibit A (the "Amalfi Property ") and Tukwila will be the owner of the real property more fully described in Exhibit B (the "Tukwila Property "). Exhibit A and Exhibit B shall be attached to this Agreement upon completion of the Boundary Line Adjustment survey required by the Exchange Agreement. As part of Amalfi agreeing to enter into the Exchange Agreement and in consideration therefore, Tukwila has agreed to indemnify Amalfi from the damages and losses set forth herein. B. Tukwila has provided Amalfi with that certain Temporary and Permanent Slope Stability Evaluation, Duwamish Gardens, Tukwila, Washington Report, dated July 17, 2015, and the Duwamish Gardens Habitat Project Site Plans, dated March of 2015 (the "Reports ") to perform the work described therein on the Tukwila Property and Duwamish Gardens (the "Work "). The "Work" shall include any other related work or development on the Tukwila Property for the Duwamish Gardens and any other related work or development on any other sites, including subsequently acquired properties, related to the Duwamish Gardens. NOW THEREFORE, in consideration of their mutual covenants and other valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Disclaimer. Amalfi disclaims any warranty or representation that: (a) the Tukwila Property and the Amalfi Property are safe or suitable for the Work; and (b) the Reports contain accurate or complete information, including without limitation, information relating to the lateral and subjacent support for the Amalfi Property and Tukwila Property. Amalfi shall have no responsibility relating to the Reports or preparation or review thereof and the Reports shall not lessen Tukwila's obligations under Sections 3 and 4 of this Agreement. 3. Repair. If any portion of the Amalfi Property, including any improvements and/or personal property of Amalfi, suffers damage, including without limitation, any damage or instability to the lateral and subjacent support of the Amalfi Property, by reason of the Work, 1 103 Tukwila shall, at its own ,cost and expense, repair such damage or instability and restore the Amalfi Property to as good a condition as before such damage or instability occurred, subject to Amalfi granting Tukwila access to the Amalfi Property. 4. Indemnification. Tukwila and its successors and assigns in title and interest to the Tukwila Property shall indemnify, protect, defend and hold harmless Amalfi and its successors and assigns in title and interest to the Amalfi Property, and its respective officers, employees, agents, shareholders, directors, members, managers, and attorneys (collectively "the Indemnified Parties ") against any and all costs, liabilities, claims, damages, losses, and expenses, including reasonable attorney's fees, penalties, or suits to the extent resulting from injury or harm to persons or the Amalfi Property, arising out of or in any way connected with the Work or Reports and subsequent activities related to the Work, including, without limitation: (1) any release by the City or agents of the City of hazardous substances on, in, under, or about the Amalfi Property, (2) Tukwila's failure to remediate any such release according to the standards, laws and regulations as required by any governmental agency or agencies as those standards, laws and regulations may be changed, revised, or amended from time to time, (3) the negligent acts, negligent omissions, willful misconduct, or other tortious acts of Tukwila, (4) a breach of the terms and conditions of this Agreement by Tukwila, and (5) the damage or instability to the lateral and subjacent support of the Amalfi Property; provided, Tukwila's duty to indemnify shall not apply to the extent such suits, costs, liabilities, claims, damages, losses, or expenses are caused by Amalfi's negligence. Notwithstanding this indemnity, Amalfi expressly reserves all rights it may have under the law to prosecute any claims or demands against Tukwila. Tukwila's indemnification obligations shall not be limited in any way by any limitation on the amount or type of damage, compensation, or benefits payable by or for it or any contractor under any industrial insurance act, workers' compensation act, disability benefit act, or other employee benefit act, and Tukwila hereby expressly waives any immunity it may have under such acts to the extent necessary or permitted under the law to assure the validity and enforceability of the foregoing indemnification obligations. For a suit or proceeding triggering an indemnification obligation under this Section, Amalfi shall give Tukwila notice of such suit or proceeding and Tukwila shall defend Amalfi in such suit or proceeding with counsel approved by Amalfi, such approval not being unreasonably withheld. 5. Term. The term of this Agreement shall commence on the closing of the transactions contemplated in the Exchange Agreement and shall be perpetual thereafter. In the event the transactions contemplated in the Exchange Agreement fail to close, this Agreement shall be terminated. Except as provided in the preceding sentence, the provisions of Section 2 -4 shall survive any termination of this Agreement. 6. Binding Effect. ffect. This instrument shall bind and inure to the benefit and burden of the respective heirs, executors, administrators, other personal and legal representatives, grantees, successors and assigns of the parties hereto. Either party may record this Agreement in connection with the closing of the Exchange Agreement. 7. Governing Law. This instrument shall be governed by and shall be construed in accordance with the laws of the State of Washington. 2 104 8. Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless such ruling shall materially alter the economic effect of this Agreement. 9. No Waiver; Cumulative Remedies. The failure of either party to insist, in any one or more instances, or the delay in insisting, upon the performance of any provision of this Agreement or to exercise any right hereunder, does not constitute an election of remedies or waiver, and the obligations of the parties with respect to such future performance will continue in full force and effect. Except as otherwise provided herein, the remedies in this Agreement are cumulative with and not in lieu of other remedies available to a party at law or in equity. IN WITNESS WHEREOF, the parties hereto have executed this Indemnity Agreement effective as of the date first above written. AMALFI: Amalfi Investments, L.L.C., a Washington limited liability company By: Its: TUKWILA: City of Tukwila, a municipal corporation of the State of Washington By: The Honorable Jim Haggerton Title: Mayor of City of Tukwila 105 EXHIBIT A TO INDEMNITY AGREEMENT (To Be Inserted in Conformance with the Boundary Line Adjustment Survey) AMALFI PROPERTY LEGAL DESCRIPTION (ENTIRE AMALFI PROPERTY FOLLOWING CLOSING) 106 EXHIBIT B TO INDEMNITYAGREEMENT (To Be Inserted in Conformance with the Boundary Line Adjustment Survey) TUKWILA PROPERTY LEGAL DESCRIPTION (ENTIRE CITY OF TUKWILA PROPERTY FOLLOWING CLOSING) 107 HIM: 4 City Of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes October 13, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Gail Labanara and Laurel Humphrey Guest: Dominador Amor, Local Government Manager, Puget Sound Energy CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Approving a Franchise Agreement with Puget Sound Energy. Inc. Staff is seeking Council approval of an ordinance approving a Franchise Agreement with Puget Sound Energy that covers both gas and electric services. The agreement provides for a 15 -year non - exclusive franchise that allows PSE to construct, install, maintain and operate electric power and natural gas systems in Tukwila. Staff reviewed the terms of the agreement, which includes a $5,000 administrative fee paid to the City. Committee Chair Robertson asked Mr. Amor if he would be willing to discuss issues around the city's legal ability to obtain power records when investigating illegal marijuana grow operations, and Mr. Amor indicated that he would. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. B. Bid Awards: Central Business District Sanitary Sewer Rehabilitation Staff is seeking Council approval of a contract with Michels Corporation in the amount of $528,464.52 for the 2015 Central Business District Sanitary Sewer Rehabilitation Project, which will address deterioration of the approximately 50 year old sanitary sewer pipes in that area. Staff is also seeking Council approval of a contract with Olson Brothers - Pro -Vac, LLC in the amount of $105,068.10 for the 2015 Sanitary Sewer Manhole Rehabilitation Project, which will restore 9 manholes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. C. Grant Amendment: Duwamish Gardens Staff is seeking Council approval of a grant amendment with the Washington State Recreation and Conservation Office for $200,000 additional construction funding for the Duwamish Gardens Project. This supplement will bring the total to $1,199,434.00 and the total required match to $581,523. Funds for the match are available from other grant sources. Duwamish Gardens is being restored as a salmon habitat site with minor park elements. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. D. Real Estate Exchanae: Duwamish Gardens Staff is seeking Council approval of a Real Estate Exchange and Purchase Agreement and an Indemnity Agreement with Amalfi Investments. The City is exchanging a small portion of the northern property along East Marginal Way South for Amalfi's larger property located along the river. This will allow a greater area to be developed into habitat as well as make the site contiguous with the Chinook Wind property. The City will pay Amalfi $7,200.00 for I Utilities Committee Minutes October 13, 2015 - Pape 2 the land exchange as determined by the appraisal. A separate Indemnity Agreement is proposed that clarifies the City's responsibilities regarding the construction of Duwamish Gardens and the stability of the slopes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. III. MISCELLANEOUS Committee Chair Robertson requested a discussion of the 10/12 Valley View Sewer presentation and the responsive public comment. Staff noted that the City's current position is to assist Valley View in the pursuit of funding, with the goal of lessening the financial impact to property owners. Councilmember Quinn stated that the City needs to know more about the challenges to slope stability. In addition, the Committee suggested that the City undertake a survey of residents in that area as the level of support for sewer service is currently unclear. They also recommended additional research into options and opportunities for funding assistance. Meeting adjourned at 6:20 p.m. Next meeting: Tuesday, October 27, 2015 — 5:30 p.m. — Foster Conference Room C Committee Chair Approval Minutes by tH, Reviewed by RT 110 COUNCIL AGENDA SYNOPSIS nitialr Meetin ,g Date Prepared by Mayor's re*a Council review 10/19/15 BG= �. � "`� ❑ Ordinance Alt g Date ® BidAxard Mtg Date 10119115 ❑ Public Hearing Alt g Date ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PbV SPONSOWS The 2015 CBD Sanitary Sewer Rehabilitation Project and the 2015 Sanitary Sewer Manhole SUNIMARY Rehabilitation Project were advertised on September 15 and 22 and bids were opened on September 29, 2015. One bid was submitted for the 2015 CBD Sewer Rehabilitation Project from Michels Corporation for $528,464.52. Olson Brothers Pro -Vac submitted the low bid of $105,068.10 for the 2015 Sewer Manhole Rehabilitation Project. Council is being asked to award the two bids. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/13/15 COMMI`T'TEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works CONIMI'I °I•I I. Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRE'D AMOUNT BUDGETED APPROPRIATION REQUIRED $633,532.62 $819,000.00 $0.00 Fund Source: 402 SEWER (PAGE 71, 2015 CIP) Comments: Michels $528,464.52 and Olson $105,068.10 MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 ITEM INFORMATION ITEM NO. 5.H & 5.1. CAS NUnIBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGI?,NDA DATE: 10/19/15 AGENDA ITI:nI TITLE, 2015 CBD Sanitary Sewer Rehabilitation & Sewer Manhole Projects Bid Awards to Michels Corporation and Olson Brothers Pro -Vac, LLC CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Aft g Date ❑ Ordinance Alt g Date ® BidAxard Mtg Date 10119115 ❑ Public Hearing Alt g Date ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PbV SPONSOWS The 2015 CBD Sanitary Sewer Rehabilitation Project and the 2015 Sanitary Sewer Manhole SUNIMARY Rehabilitation Project were advertised on September 15 and 22 and bids were opened on September 29, 2015. One bid was submitted for the 2015 CBD Sewer Rehabilitation Project from Michels Corporation for $528,464.52. Olson Brothers Pro -Vac submitted the low bid of $105,068.10 for the 2015 Sewer Manhole Rehabilitation Project. Council is being asked to award the two bids. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/13/15 COMMI`T'TEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works CONIMI'I °I•I I. Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRE'D AMOUNT BUDGETED APPROPRIATION REQUIRED $633,532.62 $819,000.00 $0.00 Fund Source: 402 SEWER (PAGE 71, 2015 CIP) Comments: Michels $528,464.52 and Olson $105,068.10 MTG. DATE RECORD OF COUNCIL ACTION 10/19/15 MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum dated 10/09/15 Page 71, 2015 CIP Sewer Rehabilitation Map Bid Tabulations Minutes from the Utilities Committee meeting of 10/13/15 111 112 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Naggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Mike Cusick, Senior Program Manager DATE: October 9, 2015 SUBJECT: CBD Sanitary Sewer Rehabilitation Contingency 20% Project No. 91140203 105,692.90 Bid Awards ISSUE Award contract to Michels Corporation for the 2015 Central Business District (CBD) Sanitary Sewer Rehabilitation Project and Olson Brothers - Pro -Vac, LLC for the 2015 Sanitary Sewer Manhole Rehabilitation Project. BACKGROUND In 2013, the Council approved the CBD Sanitary Sewer Rehabilitation Project. Since 2013 the Central Business District has experienced 3 sewer main collapses. The 2015 CBD Sanitary Sewer Rehabilitation Project will address deterioration of the approximately 50 -year old sanitary sewer pipes by relining the pipe with little impact to roadways and minimal excavation. The 2015 Sanitary Sewer Manhole Rehabilitation Project will restore 9 manholes that have deteriorated due to age and hydrogen sulfide gases being released by the sewage flowing through the manholes. As slip - lining sewer mains and restoring manholes is different and specialized work, two separate contracts were prepared. ANALYSIS Seven bids were received on September 29, 2015. Two bids were submitted after the published time that they were due and were not considered. One bid was opened for the slip - lining project and four bids were opened for the manhole rehabilitation project. All bids were reviewed and tabulated (see attached sheet). No errors were discovered in any of the bid submittals. Michels Corporation submitted the apparent low bid of $528,464.52 for the 2015 CBD Sewer Rehabilitation Project and Olson Brothers -Pro Vac, LLC submitted the apparent low bid of $105,068.10 for the 2015 Sanitary Sewer Manhole Rehabilitation Project. Both Michels Corporation and Olson Brothers - Pro -Vac, LLC have previously performed work for the City that was found to be satisfactory. The Engineer's Estimate for both phases of the project was $749,270.00 BUDGET AND BID SUMMARY Engineers Estimate Bid Amount Budget Michels Corporation $ 655,329.03 $ 528,464.52 $ 819,000.00 Contingency 20% 105,692.90 7.42 Olson Brothers -Pro Vac LLC $105,068.10 Contingency 20% 93,941.15 21,013.62 126,081.72 Grand Total 749 270.1 760 2 9x14$1,2,000.00 W: \PW Eng \PROJECTS\A- SW Projects \CBD Sewer Rehabilitation (91140203) \Info Memo 2015 CBD Sewer Bid Award 10 -09 -15 rrt edits mpcgl - sb.docx 113 INFORMATIONAL MEMO Page 2 With the awarding of the two separate bid items at $528,464.52 and $105,068.10 respectively, we also have a 20% contingency on each of the projects. The contingency amount of $126,081.72 ($105,068.10 and $21,013.62) is the allowable expense that the Mayor will be able to approve for any change orders to the construction contracts. If at any time the project overruns the contingency amount, staff will return to Committee and Council for approval. RECOMMENDATION Council is being asked to award the construction of the 2015 CBD Sanitary Sewer Rehabilitation Project to the Michels Corporation in the amount of $528,464.52. Council is being asked to award the construction of the 2015 Sanitary Sewer Manhole Rehabilitation Project to Olson Brothers -Pro Vac, LLC in the amount of $105,068.10. Council is being asked to consider both of these items on the Consent Agenda at the October 19, 2015 Regular Meeting. Attachments: Page 71, 2015 CIP Map Bid Tabulation 114 W:\PW Eng \PROJECTS\A- SW Projects \CBD Sewer Rehabilitation (91140203) \Info Memo 2015 CBD Sewer Bid Award 10 -09 -15 Rrt Edits Mpcgl- Sb.Docx CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: CBD Sanitary Sewer Rehabilitation Project No. 91140203 The asbestos concrete pipe in the CBD (commercial business district) is approximately 45 years old and DESCRIPTION: becoming soft. Slip lining the pipe will reinforce the strength with little impact to roadways and minimal excavation. JUSTIFICATION: If the pipe collapses, the street will have to be excavated and the cost of the repairs will be significant. In the last five years we have had two major pipe failures on Andover Park West. STATUS: A Public Works Trust Fund loan was successfully obtained in 2012 for construction. MAINT. IMPACT: Reduced maintenance and repair costs. 20 The limits of the 2013 project is APW to APE from Minkler Blvd to S 180th St and will now include the repair COMMENT: to the sewer under the railroad tracks. FINANCIAL Through Estimated (in $000'sl 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 159 33 20 20 20 20 20 292 Land(R/W) 0 Const. Mgmt. 87 120 120 120 120 120 687 Construction 639 900 900 900 900 900 5,139 TOTAL EXPENSES 159 759 1,040 1,040 1,040 1 1,040 1 1,040 1 01 01 6,118 FUND SOURCES Awarded Grant 0 PWTF /Proposed PWI 45 250 455 750 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 114 509 585 1,040 1,040 1,040 1,040 0 0 5,368 TOTAL SOURCES 159 759 1,040 1,040 1,040 1 1,040 1 1,040 1 01 01 6,118 2015 - 2020 Capital Improvement Program 71 115 116 MWM LEGEND 2014 MAIN TO RELINED WITH CIPP (COMPLETE) 2015 MAIN TO RELINED WITH CIPP 2016 MAIN TO RELINED WITH CIPP 2017 MAIN TO RELINED WIT- CIPP 2018 MAIN TO RELINED WITH CIPP SOUTHCENT, AZTECA SOUTHCENTER PARKWAY PARKWAY LEVITZ 70 L C -� SR 181 CASCADE AVE WEST VALLEY ROAD INDUSTRY DR. SR 181 WEST VALLEY HIGHWAY O. M. M • MW 00. MI t+oan ueq r. REF\ TON PUBLIC WORKS DEPT. -ENQI NEERINQ- STREETS- WATER - SEWER- PARKS- BUILDINQ- Pro! •ng Pro; dF Pd bk no by dots CITY OF TUKWILA CBD SANITARY SEWER REHABILITIATION SCHEDULE date ndtto•e City of Tukwila 2015 Central Business District Sanitary Sewer Rehabilitation and Sewer Manhole Rehabilitation CONTRACT 1- BASE BID - 2015 CBD SANITARY SEWER REHABILITATION (CURED -IN -PLACE PIPE) Item No. 1.13 1.14 Item Description Mobilization Traffic Control - Flagger Labor (Minimum Bid of $36.17) Traffic Control - Off -Duty Uniformed Police Officer Project Temporary Traffic Control Pre - Cleaning Video Inspection Clean and Prep Sewer Prior to Construction Video Inspection Prior to Construction Provide, Install, and Manage Wastewater Bypasses 8 -inch Main Line Cured -in -Place -Pipe (CIPP) 12 -inch Main Line Cured -in -Place -Pipe (CIPP) 8 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -Iiner 12 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner Trenchless Lateral and Outside Manhole Drop Connection Reinstatement and Packer Injection Grouting Force Account - Additional Clean and Prep of Sewer Prior to Construction Engineer's Estimate Michels Corporation Quantity Unit Unit Price Engineer's Amount Unit Price Amount 1 LS $43,800 $ 43,800 $ 22,465.00 $ 22,465.00 208 HR 68 14,040 62.25 12,948.00 32 HR 72 2,304 72.00 2,304.00 1 LS 22,400 22,400 30,250.00 30,250.00 1 LS 8,200 8,200 12,120.00 12,120.00 1 LS 16,300 16,300 20,619.00 20,619.00 1 LS 8,200 8,200 13,357.00 13,357.00 1 LS 22,800 22,800 7,992.00 7,992.00 4,986 LF 45 224,370 36.00 179,496.00 1,524 LF 60 91,440 45.00 68,580.00 750 LF 6 4,500 2.00 1,500.00 230 LF 10 2,300 3.00 690.00 14 EA 700 9,800 903.00 12,642.00 15 HR 750 11,250 535.00 8,025.00 Subtotal $ 481,704.00 4,095.00 $' 392,988.00 9.5% Sales Tax 45,761.88 20,000.00 37,333.86 Contract 1 - Base Bid $ 527,465.88 EA $ '; 430,321.86 CONTRACT 1- BID ALTERNATE NO. 1- 2015 CBD SANITARY SEWER REHABILITATION (CURED -IN -PLACE PIPE) Item No. 1.A1 1,A2 1.A3 1.A4 1.A5 1.A6 1.A7 1.A8 1.A9 1.A10 1.A11 Item Description Mobilization Traffic Control - Flagger Labor (Minimum Bid of $36.17) Project Temporary Traffic Control Pre - Cleaning Video Inspection Clean and Prep Sewer Prior to Construction Video Inspection Prior to Construction Provide, Install, and Manage Wastewater Bypasses 8 -inch Main Line Cured -in -Place -Pipe (CIPP) 8 -inch Main Line Cured -in -Place -Pipe (CIPP) Pre -liner Trenchless Lateral and Outside Manhole Drop Connection Reinstatement and Packer Injection Grouting Force Account - Additional Clean and Prep of Sewer Prior to Construction CONTRACT 2- 2015 SANITARY SEWER MANHOLE REHABILITATION Item No. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 Item Description Mobilization /Demobilization Traffic Control - Flagger Labor (Minimum Bid of $36.17) Traffic Control - Off -Duty Uniformed Police Officer Project Temporary Traffic Control Temporary Erosion Control Provide, Install and Manage Wastewater Bypasses Rechannel Manhole MH Preparatory Work, Chemical Grouting, and Cementitious Grouting Manhole Coating Chip and Grout Pipe Penetrations (per Pipe Penetration) Root Control and Removal Remove Existing Drop Connection Install Drop Connection Remove and Replace Existing Ladder Remove and Replace Existing Ring and Cover Restoration Engineer's Estimate Michels Corporation Realm RI Alia Road Construction NW Engineer's Quantity Unit Unit Price Amount Unit Price Amount 1 LS $10,700 $ 10,700 $ 2,806.00 $ 2,806.00 64 HR 68 4,320.00 $ 62.25 $ '; 3,984.00 1 LS 7,400 7,400.00 $ 3,660.00 $ 3,660.00 1 LS 2,100 2,100.00 $ 4,550.00 $ .' 4,550.00 1 LS 4,100 4,100.00 $ 5,387.00 $ 5,387.00 1 LS 2,100 2,100.00 $ 3,400.00 $ 3,400.00 1 LS 5,700 5,700.00 $ 4,058.00 $ 4,058.00 1,608 LF 45 72,360.00 $ 33.50 $ 53,868.00 240 LF 6 1,440.00 $ 2.00 $ 480.00 4 EA 700 2,800.00 $ 1,190.00 $ 4,760.00 5 HR 750 3,750.00 $ 535.00 $ 2,675.00 Subtotal $ 116,770.00 100.00 $ 89,628.00 9.5% Sales Tax 11,093.15 500.00 8,514.66 Contract 1- Bid Alternate No. 1 $ 127,863.15 LS $ 98,142.66 528,464.52 Engineer's Estimate Olson Bros Pro Vac Realm RI Alia Road Construction NW Engineer's Quantity Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 LS $8,000 $ 8,000 $ 1,600.00 $ 1,600.00 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 17,000.00 $ 17,000.00 114 HR $67.50 7,695 68.90 7,854.60 50.00 5,700.00 37.00 4,218.00 60.00 6,840.00 48 HR $72 3,456 72.00 3,456.00 72.00 3,456.00 72.00 3,456.00 72.00 3,456.00 1 LS $13,800 13,800 16,250.00 16,250.00 3,900.00 3,900.00 3,000.00 3,000.00 3,000.00 3,000.00 1 LS $5,000 5,000 100.00 100.00 975.00 975.00 500.00 500.00 7,000.00 7,000.00 1 LS $5,000 5,000 4,095.00 4,095.00 9,000.00 9,000.00 20,000.00 20,000.00 60,000.00 60,000.00 5 EA $1,200 6,000 960.00 4,800.00 1,040.00 5,200.00 4,000.00 20,000.00 1,300.00 6,500.00 9 EA $540 4,860 1,068.60 9,617.40 2,860.00 25,740.00 4,000.00 36,000.00 2,300.00 20,700.00 2 EA $3,500 7,000 1,800.00 3,600.00 3,800.00 7,600.00 9,000.00 18,000.00 7,700.00 15,400.00 12 EA $840 10,080 345.80 4149.60 985.00 11,820.00 1,000.00 12,000.00 625.00 7,500.00 3 EA $300 900 300.00 900.00 975.00 2,925.00 1,000.00 3,000.00 625.00 1,875.00 2 EA $360 720 1,17000 2,340.00 850.00 1,700.00 3,500.00 7,000.00 700.00 1,400.00 3 EA $1,440 4,320 3,000.00 9,000.00 2,775.00 8,325.00 4,400.00 13,200.00 3,300.00 9,900.00 2 EA $480 960 975.00 1,950.00 1,250.00 2,500.00 4,300.00 8,600.00 650.00 1,300.00 5 EA $1,000 5,000 5,148.00 25,740.00 3,600.00 18,000.00 900.00 4,500.00 750.00 3,750.00 1 LS $3,000 3,000 500.00 500.00 2,500.00 2,500.00 5,000.00 5,000.00 7,000.00 7,000.00 Subtotal $ 85,791.00 $ 95,952.60 $ 119,341.00 $ 163,474.00 $ 172,621.00 9.5% Sales Tax 8,150.15 9,115.50 11,337.40 15,530.03 16,399.00 Contract 2 - Base Bid $ 93,941.15 $ 105,068.10 $ 130,678.40 $ 179,004.03 $ 189,020.00 W: \PW Eng \PROJECTS \A - SW Projects \CBD Sewer Rehabilitation (91140203) \2015 CBD SEWER PROJECTS Bid Tab 09- 29- 15.xlsx 10/06/2015 120 4 City Of Tukwila Utilities Committee UTILITIES COMMITTEE Meeting Minutes October 13, 2015 — 5:30 p.m. — Foster Conference Room, 6300 Building PRESENT Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Gail Labanara and Laurel Humphrey Guest: Dominador Amor, Local Government Manager, Puget Sound Energy CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Approving a Franchise Agreement with Puget Sound Energy. Inc. Staff is seeking Council approval of an ordinance approving a Franchise Agreement with Puget Sound Energy that covers both gas and electric services. The agreement provides for a 15 -year non - exclusive franchise that allows PSE to construct, install, maintain and operate electric power and natural gas systems in Tukwila. Staff reviewed the terms of the agreement, which includes a $5,000 administrative fee paid to the City. Committee Chair Robertson asked Mr. Amor if he would be willing to discuss issues around the city's legal ability to obtain power records when investigating illegal marijuana grow operations, and Mr. Amor indicated that he would. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. B. Bid Awards: Central Business District Sanitary Sewer Rehabilitation Staff is seeking Council approval of a contract with Michels Corporation in the amount of $528,464.52 for the 2015 Central Business District Sanitary Sewer Rehabilitation Project, which will address deterioration of the approximately 50 year old sanitary sewer pipes in that area. Staff is also seeking Council approval of a contract with Olson Brothers - Pro -Vac, LLC in the amount of $105,068.10 for the 2015 Sanitary Sewer Manhole Rehabilitation Project, which will restore 9 manholes. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. C. Grant Amendment: Duwamish Gardens Staff is seeking Council approval of a grant amendment with the Washington State Recreation and Conservation Office for $200,000 additional construction funding for the Duwamish Gardens Project. This supplement will bring the total to $1,199,434.00 and the total required match to $581,523. Funds for the match are available from other grant sources. Duwamish Gardens is being restored as a salmon habitat site with minor park elements. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 19, 2015 REGULAR CONSENT AGENDA. D. Real Estate Exchange: Duwamish Gardens Staff is seeking Council approval of a Real Estate Exchange and Purchase Agreement and an Indemnity Agreement with Amalfi Investments. The City is exchanging a small portion of the northern property along East Marginal Way South for Amalfi's larger property located along the river. This will allow a greater area to be developed into habitat as well as make the site contiguous with the Chinook Wind property. The City will pay Amalfi $7,200.00 for 121 122 COUNCIL AGENDA SYNOPSIS nilials Meeting Date Prepared b y Mayor's review Council revi ) 10/12/15 LH ® Resolution Alt g Date 10119115 ❑ Ordinance Mtg Date 10/19/15 LH ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P -R ❑ Police ❑ Plf/ SPONSOR'S King County Proposition 1, Regular Property Tax Levy for Children, Youth, Families and SUMMARY Communities, is on the November 3, 2015 ballot, requiring a simple majority to pass. If approved, levy proceeds of $0.14 per $1,000 of assessed valuation will provide funding for prevention and early intervention efforts affecting children, youth and families. This draft resolution would support the levy and encourage eligible voters to do so as well. *State law requires public comment to be accepted on Council support for ballot measures. Ri ;vII WI,D BY ® COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/12/15 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Consideration of attached resolution CON /INH FFIF Unanimous approval; forward to Regular Meeting COST IMPACT / FUND SOURCE EXPL;NDITURF, RI?QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 11119:4 LTA I I ki I MQ VLI /14M ITEM NO. 6.A. 123 STAFF SPONSOR: LAUREL HUMPHREY ORIGINnt.AGl?NDA DA`I'S: 10/12/15 A(;E'NDA ITI�;INI' ITLI," A resolution expressing support for King County Proposition No. 1, the Regular Property Tax Levy for Children, Youth, Families and Communities. C.\'I'I':GORY ® Discussion Mtg bate 10112115 ❑ Motion Rltk Date ® Resolution Alt g Date 10119115 ❑ Ordinance Mtg Date ❑ BidAward Vltg Date ❑ Public Hearing Al/ ,g Date ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑Fire ❑ IT ❑ P -R ❑ Police ❑ Plf/ SPONSOR'S King County Proposition 1, Regular Property Tax Levy for Children, Youth, Families and SUMMARY Communities, is on the November 3, 2015 ballot, requiring a simple majority to pass. If approved, levy proceeds of $0.14 per $1,000 of assessed valuation will provide funding for prevention and early intervention efforts affecting children, youth and families. This draft resolution would support the levy and encourage eligible voters to do so as well. *State law requires public comment to be accepted on Council support for ballot measures. Ri ;vII WI,D BY ® COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/12/15 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Consideration of attached resolution CON /INH FFIF Unanimous approval; forward to Regular Meeting COST IMPACT / FUND SOURCE EXPL;NDITURF, RI?QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/12/15 Informational Memorandum dated 10/5/15 Draft resolution 10/19/15 Resolution in final form 123 124 '00ft. 0 City of Tukwi*la Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SUPPORT FOR KING COUNTY PROPOSITION NO. 1, THE REGULAR PROPERTY TAX LEVY FOR CHILDREN, YOUTH, FAMILIES AND COMMUNITIES. WHEREAS, local governments have traditionally dedicated large shares of funding to crisis response in the form of criminal justice and human services, leaving scarce resources available for prevention strategies; and WHEREAS, there is a growing body of evidence indicating that prevention and early intervention are the most effective and least expensive ways to address our society's most serious problems; and WHEREAS, the City of Tukwila's Strategic Plan includes a goal of providing "A Solid Foundation for all Tukwila Residents"; and WHEREAS, all children in Tukwila and King County deserve the opportunity to achieve success, and the "Best Starts for Kids" levy outlines specific strategies and measurable outcomes designed to reach children from every background; and WHEREAS, to address the importance of investment in children and families, the King County Council passed Ordinance 18088 to place on the ballot for the November 3, 2015 General Election a proposition to levy an additional regular property tax at the rate of $0.14 per $1,000 of assessed valuation for collection beginning in 2016, and maximum annual increases of 3% in the succeeding 5 years; and WHEREAS, if approved, levy proceeds will provide funding for prevention and early intervention to achieve positive outcomes related to healthy pregnancy, parental and newborn support, child development, community health, and crisis prevention and intervention for youth, including for domestic violence and homelessness; and VVAWord ProcessingNResolutions\Support for Best Starts for Kids Levy 9-29-15 LH:bjs Page 1 of 2 125 WHEREAS, on October 12 and October 19, 2015, the Tukwila City Council accepted comments from the public in consideration of the proposed resolution pursuant to RCW 42.17A.555; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council, by majority vote, hereby expresses support for King County Proposition No. 1 set for the November 3, 2015 General Election, a proposition to levy an additional regular property tax at the rate of $0.14 per $1,000 of assessed valuation for collection beginning in 2016, and maximum annual increases of 3% in the succeeding 5 years, and urges all eligible Tukwila voters to vote to approve the levy. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this - day of 72015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Kate Kruller, Council President Filed with the City Clerk.- Passed by the City Council: Resolution Number.- WAWord Processing\Resolutions\Support for Best Starts for Kids Levy 9-29-15 LH:bjs Page 2 of 2 126 COUNCIL AGENDA SYNOPSIS ------ Laitialr --------------------------------- ITEM NO. Meetin Date Prepared by Mayor' repiew Coaauil revie 10/12/15 BM ® IZej,olution Mtg Date 10119115 ® Ordinance Mtg Date 10119115 10/19/15 BM ❑Other Mtg Date SPONSOR ❑ Council ® Mayor E] HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIF SPONSOR'S Consideration and possible adoption of a fee deferral program to allow delayed collection Su�\I'IARY of certain building and impact fees in order to encourage residential and mixed use development within the Transit Oriented Development area of Southcenter. The program will not result in a waiver or reduction of any required fees. RC;vIE?WI ?D BY ❑ COW Mtg. ❑ C,A &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMI"T"TEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /AI)MIN. Mayor's Office /Economic Development Cc�N'm'r'TA' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI?NllI "1`URt? RL?QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 ITEM INFORMATION 127 STAFF SPONSOR: BRANDON MILES 10/12/15 AGI3NDA I'rF?M Ti,n,i Building and Impact Fee Deferral Program C.1'17:GORY ® Discussion Mt Date 10112115 ❑ Motion g Date Mt ® IZej,olution Mtg Date 10119115 ® Ordinance Mtg Date 10119115 ❑ BidAward M/ g Date ❑ Pub&, Hearing Mt Date ❑Other Mtg Date SPONSOR ❑ Council ® Mayor E] HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIF SPONSOR'S Consideration and possible adoption of a fee deferral program to allow delayed collection Su�\I'IARY of certain building and impact fees in order to encourage residential and mixed use development within the Transit Oriented Development area of Southcenter. The program will not result in a waiver or reduction of any required fees. RC;vIE?WI ?D BY ❑ COW Mtg. ❑ C,A &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMI"T"TEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /AI)MIN. Mayor's Office /Economic Development Cc�N'm'r'TA' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI?NllI "1`URt? RL?QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/12/15 Informational Memorandum from staff, dated September 22, 2015 Draft Transportation Impact Fee Ordinance Draft Park Impact Fee Ordinance Draft Fire Impact Fee Ordinance Draft Building Permit Fee Resolution Staff memo, dated April 24, 2015 Minutes from the Finance and Safety Meeting of May 5, 2015 Letter from Washington Place Proponents dated May 11, 2015 Minutes from the Finance and Safety Committee Meeting of October 6, 2015 10/19/15 Ordinances and Resolutions in final form 127 128 U'6�1*ty of Tukwi"la Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2305 §3, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 9.48.060; PROVIDING A PROCESS FOR THE DEFERRAL OF TRANSPORTATION IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2043 on May 3, 2004, which established that transportation impact fees be paid by applicants seeking development approvals in the City; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Transportation Impact Fees-deferral process 10-15-15 BM:bjs Page 1 of 4 129 Section 1. TMC Section 9.48.060 Amended. Ordinance No. 2305 §3, as codified at Tukwila Municipal Code (TMC) Section 9.48.060, is hereby amended to read as follows: 9.48.060 Time of Payment of Impact Fees. A. The impact fees imposed pursuant to this chapter shall be assessed by the City at the time of the application for the development permit, and shall be due and payable in full at the time of issuance of such permit, unless a fee deferral agreement is executed pursuant to TMC 9.48.095. The fee paid shall be the amount in effect as of the date of the permit issuance. B. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. Section 2. Regulations Established. A new TMC Section 9.48.095, "Transportation Impact Fee Deferral," is hereby established to read as follows: 9.48.095 Transportation Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required transportation impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement would apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the transportation impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing\Ordinances\Transportation Impact Fees-deferral process 10-15-15 Mbjs Page 2 of 4 130 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TIVIC Section 9.48.120. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Transportation impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred transportation impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The transportation impact fee deferral agreement may be consolidated with any agreements to defer fire, parks, or building permit fees as outlined in TIVIC Chapters 16.26 and 16.28, and the consolidated permit fee resolution adopted by the City Council. Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Pror-essing\Ordinanr-es\Transportation Impact Fees-deferral process 10-15-15 BM:bjs Page 3 of 4 131 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council.- Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Transportation Impact Fees-deferral process 10-15-15 BM:bjs 132 Page 4 of 4 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2366 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.28.040; PROVIDING A PROCESS FOR THE DEFERRAL OF PARKS IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2220 on December 15, 2008, which established that parks impact fees be paid by applicants seeking development approvals in the City; and WHEREAS, the City Council adopted Ordinance No. 2366 on March 5, 2012, which enacted certain refinements to Ordinance No. 2220; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful-, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ord ina n ces\Pa rks Impact Fees-deferral process 10-15-15 BM:bjs Page 1 of 4 133 Section 1. TMC Section 16.28.040 Amended. Ordinance No. 2366 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.28.040, is hereby amended to read as follows: 16.28.040 Parks Impact Fee Assessment A. The City shall collect parks impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required effective January 1, 2009, consistent with the provisions of this ordinance. B. Parks impact fees shall be assessed at the time of a technically - complete building permit application that complies with the City's zoning ordinances and building and development codes. Parks impact fees shall be collected from the fee payer at the time the building permit is issued, unless a fee deferral agreement is executed pursuant to TMC Section 16.26.095. C. Except if otherwise exempt or deferred, the City shall not issue the required building permit unless or until the parks impact fees are paid. Section 2. Regulations Established. A new TMC Section 16.28.095, "Parks Impact Fee Deferral," is hereby established to read as follows: 16.28.095 Parks Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required parks impact fees for a project may be granted provided the following criteria are met.- 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement will apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the parks impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing\Ordinances\Parks Impact Fees-deferral process 10-15-15 BM:bjs Page 2 of 4 134 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TIVIC Section 16.28.100. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property, owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Parks impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred parks impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The parks impact fee deferral agreement may be consolidated with any agreements to defer fire, transportation, or building permit fees as outlined in TMC Chapters 9.48 and 16.26, and the consolidated permit fee resolution adopted by the City Council. Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\Ordinances\Parks Impact Fees-deferral process 10-15-15 BM:bjs Page 3 of 4 135 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Parks Impact Fees-deferral process 10-15-15 BM:bjs 136 Page 4 of 4 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2365 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.26.040; PROVIDING A PROCESS FOR THE DEFERRAL OF FIRE IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2219 on December 15, 2008, which established that fire impact fees be paid by applicants seeking development approvals in the City; and WHEREAS, the City Council adopted Ordinance No. 2365 on March 5, 2012, which enacted certain refinements to Ordinance No. 2219; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods, and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W Word Processing\0rdinancesTire Impact Fees-deferral process 10-15-15 BM:bjs Page 1 of 4 137 Section 1. TMC Section 16.26.040 Amended. Ordinance No. 2365 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.26.040, is hereby amended to read as follows.- 16.26.040 Fire Impact Fee Assessment A. The City shall collect fire impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required effective January 1, 2009, consistent with the provisions of this ordinance. B. Fire impact fees shall be assessed at the time of a technically- complete building permit application that complies with the City's zoning ordinances and building and development codes. Fire impact fees shall be collected from the fee payer at the time the building permit is issued, unless a fee deferral agreement is executed pursuant to TMC Section 16.26.095. C. Except if otherwise exempt or deferred, the City shall not issue the required building permit unless or until the fire impact fees are paid. Section 2. Regulations Established. A new TMC Section 16.26.095, "Fire Impact Fee Deferral," is hereby established to read as follows: 16.26.095 Fire Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required fire impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement will apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the fire impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing\Ordinances\Fire Impact Fees-deferral process 10-15-15 BM:bjs Page 2 of 4 ,W.* 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TIVIC Section 16.26.100. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Fire impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred fire impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The fire impact fee deferral agreement may be consolidated with any agreements to defer park, transportation, or building permit fees as outlined in TIVIC Chapters 9.48 and 16.28, and the consolidated permit fee schedule adopted by resolution of the City Council. Section 3. 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 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing0rdinancesTire Impact Fees-deferral process 10-15-15 BM:bjs Page 3 of 4 139 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\0rdinancesTire Impact Fees-deferral process 10-15-15 BM:bjs 140 Page 4 of 4 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1845; ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE; AND PROVIDING FOR A BUILDING PERMIT FEE DEFERRAL PROCESS TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY. WHEREAS, the City Council adopted Resolution No. 1845 in 2014, establishing the City's current consolidated construction fee schedule; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of building permit fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1845 is hereby repealed, effective October 20, 2015. Section 2. For 2015 and 2016, the Technology Fee shall be set at 5% of the applicable permit fee. W: \Word Processing\ResolutionsOldg permit fee sched -fee deferral process 10 -15 -15 BM:bjs Page 1 of 12 141 Section 3. Public Works fees will be charged according to the following schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short-Term Non-profit) $ 50.00 +Technology Fee Type B (Short -Term Profit) $100.00 + Technology Fee Type C $250.00 application base fee, Technology Fee, plus (infrastructure and Grading on Private Property four components based on construction value: and City Right-of-Way and Disturbance of City 1) Plan Review Right-of-Way) 2) Construction Inspection Fee 3) Pavement Mitigation Examiner 4) Grading Plan Review Type D (Long-Term) $100.00 + Technology Fee Type E (Potential Disturbance of $100.00 + Technology Fee City Right-of-Way) Fee (TF) Appeal $250.00 processing fee, plus $5,000.00 cash deposit, Type F (Blanket Permits) withdraw $100.00 per instance for inspection Franchise — Telecommunications $5,000.00 administrative fee Franchise — Cable $5,000.00 plus 5% of total revenue Street Vacation $1,200.00 $500.00 processing fee, plus 17% administrative fee, Latecomer's Agreements plus $500.00 segregation fee �Flood Zone Control Permit $50.00 + Technology Fee Section 4. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TMC Section 18.50.200. WAWord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 2 of 12 142 BM:bjs Plus 2015 2016 Hearing Plus Fee Fee Examiner Technology Decision Type Fees Fee (TF) Appeal Type 1, 2 and 4 Decisions $591 $602 SEPA MDNS Appeal $591 $602 Appeal of Sign Code Decision $591 $602 Impact Fee Appeals: Fire $591 $602 Parks $591 $602 Transportation $591 $602 WAWord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 2 of 12 142 BM:bjs Modification to TUC Corridor Standards $591 $602 + TF (TMC Section 18.28.130. C) Modification to TUC Open Space Regulations $591 $602 + TF (TMC Section 18.28.250 D. 4. d) Transit Reduction to Parking Requirements $591 $602 + TF (TMC Section 18.28.260.B.5.b) Administrative $591 - $2,281 Plus + TF Public Hearing 2015 2016 Hearing Plus Decision Type + HE Fee Fee Examiner Technology Minor Modification $622 $635 Fees Fee(TF) Sign Permit (TMC Chapter 19) t .t 4 Permanent $591 $243 $248 + TF + TF Temporary $106 $108 Shared, covenant, Complementary Parking + TF Pale /Banner Initial Application $243 $248 + TF Special Event $106 $108 $602 + TF Pole /Banner Annual Renewal (TMC Section 18.56.120) $53 $54 + TF New Billboard $591 $602 + TF Master Sign Program —Admin $2,173 $2,216 + TF Master Sign Program —BAR $3,479 $3,549 + TF Modification to TUC Corridor Standards $591 $602 + TF (TMC Section 18.28.130. C) Modification to TUC Open Space Regulations $591 $602 + TF (TMC Section 18.28.250 D. 4. d) Transit Reduction to Parking Requirements $591 $602 + TF (TMC Section 18.28.260.B.5.b) Administrative $591 $2,236 $2,281 + TF + TF Public Hearing $4,006 $4,086 Parking Variance + TF Major Modification + HE $1,370 $1,397 + TF Minor Modification $622 $635 $591 + TF Administrative Parking Variance $591 $602 + TF (Ty e 2 —TMC Section 18.56.140) Parking Variance $969 $9$8 + HE + TF (Type 3 —TMC Section 18.56.140) Parking Standard for use not specified $579 $591 + TF (TMC 18.28.250 D.4.d.1 and TMC 18.56.100) Residential Parking Reduction $591 $602 + TF (TMC Section 18.56.065) Shared, covenant, Complementary Parking $591 $602 + TF Reduction (TMC Section 18.56.070) Parking Lot Restriping $591 $602 + TF (TMC Section 18.56.120) W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 Page 3 of 12 BM:bjs 143 Boundary Line Adjustment $1,677 $1,710 Plus + TF (TMC Chapter 17.08 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Fees Technology Fee F rlanances,peclai Permnss10 ns and S►te Plan Rea�ew Major Modification (TMC Section 18.46.130) $2,425 $2,473 Short Plat (2-4 lots) $3,817 $3,893 Variances $2,825 $2,882 + HE + TF (TMC Section 18.72) Short Plat (5 -9 lots) Environmentally Sensitive Areas Deviation, $1,495 $1,525 + TF + TF Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR homeowners, no $591 $602 associated short plat Reasonable Use Exception $2,991 $3,050 + HE + TF (TMC Section 18.45.180) Exception from Single Family Design Standard $591 $602 + TF (TMC Section 18.50.050) Special Permission Cargo Container $591 $602 + TF (TMC Section 18.50.060) Landscape Perimeter Averaging $591 $602 + TF (TMC Section 18.52.060) Tree and Landscape Modification Permit and $105 $107 + TF Exceptions (TMC Chapter 18.54) Boundary Line Adjustment $1,677 $1,710 $2,216 + TF (TMC Chapter 17.08 Public Hearing (TMC Section 18.46. 110) $4,986 $5,085 Lot Consolidation $622 $635 $602 + TF (TMC Chapter 17.08) Major Modification (TMC Section 18.46.130) $2,425 $2,473 Short Plat (2-4 lots) $3,817 $3,893 + TF (TMC Chapter 17.12) Short Plat (5 -9 lots) $4,344 $4,431 + TF (TMC Chanter 17.12) Subdivision: Preliminary Plat (10+ lots) $4,986 $5,085 + HE + TF (TMC Section 17.14.020) Final Plat (10+ lots) $2,991 $3,050 + TF (TMC Section 17.12.030) Binding Site Improvement Plan I $3,817 I $3,893 I + TF (TMC Chapter 17.16) Planned Residential Development: Administrative (TMC Section 18.46.110) $2,173 $2,216 + TF Public Hearing (TMC Section 18.46. 110) $4,986 $5,085 + TF Minor Modification (TMC Section 18.46.130) $591 $602 + TF Major Modification (TMC Section 18.46.130) $2,425 $2,473 + TF W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 BM:bjs Page 4 of 12 144 Checklist $1,709 $1,743 $494 Plus SEPA EIS $2,991 $3,050 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology Use Permits 4, Y + TF SEPA Exemption Letter $348 Fees Fee F Wllreless Cornmun>ICat>ton FacIlJ�ty (�!V!C Chapter 18 58 Ov�O) ; $4,986 $5,085 z + TF + TF Shoreline Tree Permit (TMC Chapter 18.44 $105 $107 Minor (Type 1) Shoreline Environment Redesignation $591 $602 + TF Administrative (Type 2) $1,677 1,710 + TF Major or Height Waiver (Type 3) $3,352 $3,419 + HE + TF Checklist $1,709 $1,743 $494 + TF SEPA EIS $2,991 $3,050 $654 + TF SEPA Planned Action EA $591 $602 + TF SEPA Addendum $591 $602 Use Permits 4, Y + TF SEPA Exemption Letter $348 $355 $248 + TF Sensitive Area Master Plan Overlay (TMC 18.45.160) $4,986 $5,085 $3,957 + TF Substantial Development Permit: (TMC Chapter 18.44) Project value: $5,000-$10,000 $1,181 $1,205 $494 + TF $10,001 - $50,000 $2,763 $2,818 $654 + TF $50,001 - $500,000 $4,406 $4,495 + TF More than $500,000 $5,588 $5,699 Use Permits 4, Y + TF Permit Exemption Letter, Shoreline $243 $248 + TF Conditional Use Permit, Shoreline (TMC 18.44.050) $3,879 $3,957 + HE + TF Shoreline Tree Permit (TMC Chapter 18.44 $105 $107 + TF Shoreline Environment Redesignation $2,991 $3,050 + TF Type 1 $485 $494 + TF Type II $654 $667 + TF Type III $1,454 $1,483 + HE + TF Use Permits 4, Y -r Conditional Use Permit $3,879 $3,957 + HE + TF (TMC Section 18.64.020) Unclassified Use Permit $4,986 $5,085 + TF (TMC Chapter 18.66) TSO Special Permission Use $969 $988 + HE + TF (TMC Section 18.41.060) W: \Word Processing\Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 Page 5 of 12 BM:bjs 145 Development Agreement $1,994 $2,034 Plus + TF Code Interpretation (TMC Section 18.90.010) 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology Legal Lot Verification $559 $570 Fees Fee ff) Coin h, a n" $485 $494 fraction thereof, to and including $500,000 + Technology Fee + TF 'Chapter �J' $458 $467 $1,000,001 to $5,000,000 1 Rezone (Map Change) $3,489 $3,559 $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction +TF Comprehensive Plan Amendment $3,988 $4,068 + TF Zoning Code Text Amendment $4,533 $4,624 + TF Development Agreement $1,994 $2,034 $65.00 + Technology Fee + TF Code Interpretation (TMC Section 18.90.010) $348 $355 $2,001 to $25,000 + TF Zoning Verification Letter $348 $355 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or + TF Legal Lot Verification $559 $570 + TF Preapplication Meeting $485 $494 fraction thereof, to and including $500,000 + Technology Fee + TF Mailing Fee to Generate Labels, per project $458 $467 $1,000,001 to $5,000,000 1 Public Notice Mailing Fee per address for each mailing $1 $1 $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction I Section 5. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $65.00 + Technology Fee $501 to $2,000 $65.00 for the first $500, plus $4.30 for each additional $100, or fraction thereof, to and including $2,000 + Technology Fee $2,001 to $25,000 $129.50 for the first $2,000, plus $19.60 for each additional $1,000, or fraction thereof, to and including $25,000 + Technology Fee $25,001 to $50,000 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $100,000 $983.25 for the first $50,000, plus $10.60 for each additional $1,000, or fraction thereof, to and including $100,000 + Technology Fee $100,001 to $500,000 $1,511.60 for the first $100,000, plus $8.50 for each additional $1,000, or fraction thereof, to and including $500,000 + Technology Fee $500,001 to $1,000,000 $4,906.30 for the first $500,000, plus $7.00 for each additional $1,000, or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 to $5,000,000 $8,443.25 for the first $1,000,000, plus $4.70 for each additional $1,000, or fraction thereof, to and including $5,000,000 +Technology Fee $5,000,001 and up $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction thereof + Technology Fee WAWord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 6 of 12 146 BM:bjs A. Non-Structural Plan Review Fee. A non-structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non-structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non-structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. B. Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35% of the calculated non-structural plan review fee. C. Southcenter Building Permit Fee Deferral Program 1. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferral of all or a portion of a required building permit fee for a project may be granted provided the following criteria are met: a. The property owner must submit a technically - complete building permit application clearly depicting the project for which the fee deferral agreement will apply and pay all required plan review fees. The building permit fee being considered for deferral must be greater than $300,000. b. Before issuance of the building permit, the property owner must submit a written letter requesting that the building permit fee be deferred. The City will not consider any fee deferral request from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. A parcel is only eligible to have one fee deferral granted for one building permit for a project. c. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. d. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. e. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred building permit fee, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. W:\Word Processing\Resolutions\l3ldg permit fee sched-fee deferral process 10-15-15 BM:bjs Page 7 of 12 147 2. The Mayor may consider other relevant information in approving the fee deferral request including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred building permit fee. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this resolution, to protect the financial interest of the City, and/or to protect the public welfare. 3. The building permit fee may be deferred up to 24 months after issuance of the building permit and must be paid before the City will issue a certificate of occupancy for the building. 4. Interest shall be charged on the deferred building permit fee. The interest rate shall be the same as the stated interest rate on the Two Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. 5. The building permit fee deferral agreement may be consolidated with any agreements to defer transportation, fire, or park impact fees as outlined in TIVIC Chapters 9.48, 16.26, and 16.28. 6. Only the building permit fee due at time of issuance of the building permit is eligible for deferral. All other fees including, but not limited to, building permit plan review fees, utility connection fees, and fees related to mechanical, plumbing, land use, sign, and public works fees are due in the normal course of business, as typically charged to other applicants. W:\Word Processing\Resolutions\Bidg permit fee sched-fee deferral process 10-15-15 Page 8 of 12 148 BM:bjs Section 6. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of $32.50 + Technology Fee Work (Total Mechanical Permit Fee Contract Amount For each additional fixture $14.00 + Technology Fee $32.50 for issuance of each permit (base fee) + Technology Fee $250 or less $65.00 + Technology Fee $251 to $500 $65.00 for first $250, plus $7.83 for each $100 or fraction thereof, to $14.00 + Technology Fee and including $500 + Technology Fee $501 to $1,000 $84.60 for the first $500, plus $8.70 for each $100 or fraction thereof, to $29.10 + Technology Fee and including $1,000 + Technology Fee $1,001 to $5,000 $128.10 for the first $1,000, plus $9.65 for each $1,000 or fraction $14.00 + Technology Fee thereof, to and including $5,000 + Technology Fee $5,001 to $50,000 $166.70 for the first $5,000, plus $10.05 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $250,000 $639.20 for the first $50,000, plus $8.40 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 to $1,000,000 $2,319.20 for the first $250,000, plus $7.40 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 and up $7,869.20 for the first $1,000,000, plus $6.70 for each $1,000 or fraction thereof + Technology Fee Section 7. Plumbing permit fees will be charged according to the following schedule: PLUMBING PERMIT FEE SCHEDULE Permit Issuance -- Issuance of each permit (base fee) $32.50 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $65.00 + Technology Fee For each additional fixture $14.00 + Technology Fee For each building sewer and each trailer park sewer $24.80 + Technology Fee Rain water system — per drain (inside building) $14.00 + Technology Fee For each water heater and /or vent $14.00 + Technology Fee For each industrial waste pretreatment interceptor, including its tra and vent, except for kitchen type grease interceptors $28.00 + Technology Fee For each grease interceptor for commercial kitchens $29.10 + Technology Fee For each repair or alteration of water piping and /or water treating equipment, each occurrence $14.00 + Technology Fee For each repair or alteration of drainage or vent piping, each fixture $14.00 + Technology Fee W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 Page 9 of 12 BM:bjs 149 PLUMBING PERMIT FEE SCHEDULE (continued) For each medical gas piping system serving one to five $82.00 + Technology Fee inlets/outlets for a specific as $81.90 + Technology Fee For each additional medical gas inlets/outlets $16.20 + Technology Fee For each lawn sprinkler system on any one (1) meter including $29. 10 + Technology Fee backflow protection devices therefor. For atmospheric-type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5 .... $14.00 + Technology Fee Over 5... $14.00 for first 5 plus $3.25 for each additional + Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller... $29.10 + Technology Fee Over 2-inch diameter: .... ..... - $32.25 + Technology Fee Section 8. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in conjunction with $32.50 + Technology Fee a plumbing permit for an appliance with both plumbing and gas connection.) 2. Unit Fee Schedule (in addition to item in subparagraph 7.1.): For each gas piping system of one to five outlets $65.00 + Technology Fee For each additional gas piping system outlet, per outlet $14.00 + Technology Fee Section 9. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE-FAMILY DWELLINGS New single-family dwellings (including a garage) $152.85 + Technology Fee Garages, pools, spas and outbuildings $81.90 + Technology Fee Low voltage systems $59.85 + Technology Fee WAVVord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 10 of 12 150 BM:bjs ELECTRICAL PERMIT FEE SCHEDULE (continued) 2. SINGLE - FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added /altered circuits $81.90 + Technology Fee Service change $81.90 with added /altered circuits, plus $11.55 for $81.90 + Technology Fee each added circuit maximum permit fee $152.85 $86.25 + Technology Fee Circuits added /altered without service change (includes up to 5 $54.60 + Technology Fee circuits $65.00 + Technology Fee Circuits $54.60 added /altered without service change (more than $54.60 + Technology Fee 5 circuits); $7.65 for each added circuit (maximum permit fee $98.70 includin $1,000 + Technology Fee + Technology Fee $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, Meter /mast repair $68.25 + Technology Fee Low voltage systems $59.85 + Technology Fee MULTI - FAMILY AND COMMERCIAL (including low voltage) Valuation of $65.00 + Technology Fee Work (Total Permit Fee Contract Amount) $86.25 + Technology Fee Carnivals: $250 or less $65.00 + Technology Fee $251 - $1,000 $65.00 for the first $250 plus $4.30 for each $100 or fraction thereof, to and • Each ride and generator truck includin $1,000 + Technology Fee $1,001 - $5,000 $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, Adult family home inspection (paid at the time of scheduling the inspection) -- Disaster recovery emergency repair permit (residential structures to and including $5,000 + Technology Fee $5,001 - $50,000 $183.30 for the first $5,000 plus $17.70 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 - $250,000 $979.15 for the first $50,000 plus $12.90 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 - $1,000,000 $3,567.20 for the first $250,000 plus $9.15 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee Over $1,000,000 $10,440.70 plus 0.5% of cost over $1,000,000 + Technology Fee 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) $65.00 + Technology Fee Temporary service /generators $80.90 + Technology Fee Manufactured /mobile home parks and RV park sites, each service and feeder $86.25 + Technology Fee Carnivals: • Base fee $80.60 + Technology Fee • Each concession fee $10.80 + Technology Fee • Each ride and generator truck $10.80 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. $66.50 /hour Adult family home inspection (paid at the time of scheduling the inspection) -- Disaster recovery emergency repair permit (residential structures $66.50 $20.00 W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 BM:bjs Page 11 of 12 151 Section 10. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) $100.00 /hour Re-inspection fee $66.50/hour Inspection for which no fee is specifically indicated—investigations or safety $66.50/hour inspections Additional plan review required by changes, additions, or revisions to approved $66.50/hour plans (minimum charge one-half hour) Work commencing before permit issuance shall be subject to an investigation fee 100% of the permit equal to 100% of the permit fee. fee Plan review fee—Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered without inspection or work not ready at the time of inspection may be char ed a re -ins ection fee of $66.50. Expired permit final – includes two inspections $133.00 Expired permit final – each additional inspection $66.50 Minor residential remodel plan review and permit (projects up to $20,000) $20.00 Section 11. Effective Date. This resolution and the fee schedules contained herein shall be effective as of October 20, 2015. 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 Rachel B. Turpin, City Attorney Kate Kruller, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: VVAVVord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 152 BM:bjs Page 12 of 12 COUNCIL AGENDA SYNOPSIS - - - - - -- Initials -------------------- ------- - - - - -- I ITEMNO. Meetin g Date Prepared by Ma ors eview Council review 10/ 19/ 15 MCB ❑ Resolution Nltg Date ❑ Ordinance All Date 0 ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date ❑ Other httg Date SPONSOR ❑ Council ® Mayor ❑ HR ❑ DCD ❑Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S This is a progress update on the Kent Regional Fire Authority annexation project SUMMARY Rr;VIFWI3D BY ® COW Mtg. ❑ CA &P Cmte ❑ F " &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 9/14;04/15;6/15;8/15 COMMITTEE CI -lAlR: RECOMMENDATIONS: SPONSOR /ADMIN. Not applicable CONIMI'I-IT "I�: Not applicable COST IMPACT / FUND SOURCE EXPE?NDrrUR RI "LU"RI"D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/13/15 ITEM INFORMATION 6.C. 153 SrnI�E SPONSOR: MAYOR'S OFFICE 10/19/15 AGENDA ITI;,,N -I TrrLE Regional Fire Authority Annexation CATI -"GORY ® Discussion Mtg Date 10119115 ❑ Motion Nltg Date ❑ Resolution Nltg Date ❑ Ordinance All Date 0 ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date ❑ Other httg Date SPONSOR ❑ Council ® Mayor ❑ HR ❑ DCD ❑Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S This is a progress update on the Kent Regional Fire Authority annexation project SUMMARY Rr;VIFWI3D BY ® COW Mtg. ❑ CA &P Cmte ❑ F " &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 9/14;04/15;6/15;8/15 COMMITTEE CI -lAlR: RECOMMENDATIONS: SPONSOR /ADMIN. Not applicable CONIMI'I-IT "I�: Not applicable COST IMPACT / FUND SOURCE EXPE?NDrrUR RI "LU"RI"D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/13/15 Briefing 6/15/15 Briefing 8/17/15 Briefing MTG. DATE ATTACHMENTS 10/19/15 Informational Memorandum date 10/14/15, with attachments 153 154 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM : David Cline, City Administrator BY: Moira Carr Bradshaw, Senior Planner DATE: October 14, 2015 SUBJECT: Regional Fire Authority Annexation ISSUE This is the fourth progress update on the issue of annexation of fire and emergency medical services to the Kent Regional Fire Authority (RFA). BACKGROUND The Steering Committee established by the City to review this issue has spent the past seven months discussing the qualities of regional fire service versus local. Specifically they've been reviewing the level of service and type and quality of operations of the Tukwila Fire Department as compared to the Kent RFA. Attachment A is a draft summary of findings that begins to answer the question of why consider annexation to the Kent RFA. DISCUSSION A finance proposal was presented to the Steering Committee for the first time at their October 14th meeting. This proposal includes a cost comparison (initially presented in July) comparing Tukwila costs for fire service to Kent RFA costs for fire service to Tukwila. Proposed revenues using the Kent RFA financing model of property tax plus finance benefit charge for Tukwila property was also presented. An important financial item in the budget analysis is the inclusion of annualized capital costs into the budget comparison. The proposal includes a 20 year Capital Plan that anticipates growth and includes all fire related capital needs and timing for fire station rebuild. FINANCIAL IMPACT There is a range of financial impacts to the variety of property owners in the City from residential to industrial. That information is now available and is being presented and reviewed at the Steering Committee on the 14th and 28 of October. The financial impacts will also be determined by policy direction to be set by the Council in the near future. A separate work session for the City Council is tentatively scheduled for November 10 to discuss the cost and revenue implications to the City as an organization and the impacts those decisions will have on property owners RECOMMENDATION Information only, no action required. ATTACHMENT A DRAFT Regional Fire Authority Plan Needs Statement B Cost Comparison Worksheet C Budget Presentation 155 156 INFORMATIONAL MEMO Page 2 Attachment A D— R -A -F -T Needs Statement 1, The City of Tukwila considers the Kent Fire Department RFA a successful, highly competent, nationally accredited regional service provider with whom a jurisdictional border is shared. 2. For decades, the City of Tukwila has been successfully collaborating with the Kent Fire Department, through such programs as the Zone 3 partnership and mutual aid agreements. 3. Since the inception of the Kent Fire Department RFA in 2012, . the City of Tukwila has enjoyed enhanced collaboration with the Kent Fire Department RFA through the South King County Fire Training Consortium, sharing training personnel, systems and methods. 4. To ensure that fire and emergency services continue to be delivered to the City of Tukwila community at existing or improved levels, the City of Tukwila desires to join the Kent Fire Department RFA in a shared belief that proportionally allocating cost is more equitable for its community. To that end, the Kent Fire Department RFA utilizes a benefit charge funding system that may be used to fund up to 60% of the RFA's operating expenses. 5. Consolidation of the City of Tukwila and the Kent Fire Department RFA provides greater flexibility in designing and opportunity for deploying an effective response force and provides additional services to the Tukwila community, such as non - emergency medical services. 157 158 Cost Comparison Worksheet Rounded to thousands City RFA 2015 Projected Proposed Actuals Budget Difference * Operational Costs 10,188 10,538 350 Capital Equipment 150 133 -17 Apparatus 900 405 -495 Facilities 1,300 1,642 342 2,350 2,180 -170 Interlocal Agreement Prevention & Investigation 793 902 110 Emergency Management 321 339 18 1,114 1,242 128 * Operational costs for the City include $797K in indirect (soft) costs, does not include LEOFF 1 or firemen's pension costs City: Assumes 10 year replacement admin -type vehicles, 15 year replacement for heavy -duty apparatus RFA: Assumes 7 -10 year replacement admin -type vehicles, 20 year replacement for heavy -duty apparatus C: \Users \Vicky -C \Desktop \Copy of Fire Budget Only.xlsx Expenses 10/14/2015 4:30 P"I 59 160 2015 Regional Fire Authority Annexation Fire Services Annexation Steering Committee Questions: Same or better level of service Equivalent or lower costs Operating Budget Comparison City Council August 2015 Update Tukwila Budgeted Fire Costs $10,250,875 Difference $703,082 RFA Estimated Fire Costs $10,953,954 0) Operating Budget Comparison Division Administration Suppression Training Facilities (maint, supplies) Special Operations Ambulance /Rescue /Aid Operations Total Budget $748,812 7,954,891 389,380 110,860 60,537 189,325 $9,453,805 Operating Budget Comparison Soft Costs Information Technology Human Resources Finance (Includes insurance) City Attorney Public Works Parks Maintenance Total Allocation $190,542 134,025 391,214 15,378 34,278 31,633 $797,070 Operating Budget Comparison Division budget $9,453,805 Soft Costs 797,070 Total Operations $10,250,875 RFA Estimated Operating Costs $10,953,954 Difference was $703,082 Operating Costs Adjustment Operating costs - projected year end $9,190,939* Soft Costs 797,070 Total Operations $9,988,009 RFA Estimated Operating Costs $10,537,656 Difference is now *Estimate of year end could change $549,647 Cost Comparison Worksheet Summarize Operating Costs Comparison Annualized Capital Costs Comparison Include Equivalent Levy Rate Comparison Prevention, Investigation and Emergency Management Costs Cost Comparison Worksheet Rounded to thousands Operational Costs Equivalent Levy $10.19 M $2.03 $10.54 M $2.10 Operational costs for the City include $0.8M in indirect costs $0.35 M $0.07 Cost Comparison Worksheet Rounded to thousands Equipment Apparatus Facilities Total Capital $150 $900 $1,300 $2,350 $133 $405 $1,642 $2,180 $(17) $(495) $342 $(170) Equivalent Levy $0.47 $0.43 $(0.04) City: Assumes 10 year replacement for admin -type vehicles, 15 years for heavy -duty apparatus RFA: Assumes 7 -10 years for admin -type vehicles, 20 years for heavy -duty apparatus. Cost Comparison Worksheet Rounded to thousands Total Operations & Capital Equivalent Levy $12.54 M $2.50 $12.72 M $2.53 $0.18 M $0.03 a v N Cost Comparison Worksheet Rounded to thousands Prevention & Investigation Emergency Management Tota I Equivalent Levy $793 K $321 K $1.11 M $0.22 $902 K $339 K $1.24 M $0.25 $110 K $18 K $128 K $0.03 Cost Comparison Worksheet Rounded to thousands Total Operational, Capital, Prevention, Investigation, Emergency Management Equivalent Levy $13.65 M $13.96 M $307 K $2.72 $2.78 $0.06 LEOFF 1 and Firemen's Pension remain a cost to the City so are not included in any of the calculations above Concerns /Questions Good to better service Fully budgeting for costs Next Steps /Schedule By year end: Completion of Steering Committee Review - Report out by Steering Committee to Mayor and City Council - City Council Work Session on financial impact and policy choices 176 City of Tukwila jim Haggerton, Mayor 6200 Southcenter Boulevard WA • .. The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: October 14, 2015 SUBJECT: Report for October 19, 2015 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. Intergovernmental Update • International City /County Management Association (ICMA) Annual Conference: City Administrator David Cline served on the Host Committee for the 2015 International City /County Management Association (ICMA) Annual Conference held in Seattle September 26 -30. Communications and Government Relations Manager Rachel Bianchi, Economic Development Liaison Brandon Miles, and Community Development Deputy Director Nora Gierloff attended the conference and several City employees worked as volunteers. During this conference, Mr. Cline was elected by his peers as the Incoming President for the Washington City Management Association. • Tukwila & SeaTac Code Enforcement: On October 5 Tukwila Code Enforcement met with SeaTac Code Enforcement to discuss various issues such as the McMicken Neighborhood and Healthy Housing Code, Residential parking regulation, Commercial parking regulations and abatements. • Future of Government Training Forum: Several City employees attended a training forum on the Future of Government at the University of Washington (UW) on October 6. The event was sponsored by the Government Performance Consortium in partnership with UW Evans School of Public Affairs, the Municipal Research and Services Center, the State Auditor's Office, Association of Washington Cities, Washington State Association of Counties and Engaging Local Government Leaders. • Public Innovators Training: Councilperson Kate Kruller and Human Services Manager Evie Boykan attended a training for Public Innovators sponsored by King County Communities of Opportunity. The Harwood Institute presented about how to authentically engage community to develop productive relationships across systems. • King County Aerospace Alliance: Joyce Trantina attended the King County Aerospace Alliance meeting at South Seattle College, Georgetown Campus where attendees heard 177 City Administrator Report October 14, 2015 Page 2 updates on issues related to workforce development, employment, and toured Worksource, which has an on- campus office and provides connections between businesses and job seekers. II. Communitv Events • Foster High School Alumni Hall of Fame Ceremony: Battalion Chief Don Tomaso and Captain Mike McCoy were inducted into the Foster High School Alumni Hall of Fame Ceremony on October 7. • Child Adult Care Food Program ( CACFP): Parks & Recreation is participating in the Child Adult Care Food Program. This program allows for reimbursement for the healthy snacks we serve in the afterschool program at TCC. We are excited to have support from the CACFP to help continue promoting healthy /well living to our program participants and the community. III. Staff Updates Public Safety • Howard Hanson Dam Table Top Exercise: Emergency Management and Communications staff attended a King County /Army Corps of Engineers table top exercise related to a dam event or failure. • Community Police Team: Detectives Kunsmann and Rusness have been attending youth gang outreach meetings which are also attended by the Alive and Free Program representatives as well as multi - jurisdictional violent crime meetings at Seattle PD headquarters. • Operation Cross Country: On October so TAC Team Detectives, as a part of the Child Endangerment Task Force (CTEF) participated in Operation Cross Country based out of our facilities. The exercise partners local and Federal Agencies in combating human trafficking, child sex crimes, and prostitution. Project Updates • Newport Bay Restaurant -17920 Southcenter Pkwy: A permit application has been filed for the demolition of the Newport Bay Restaurant. The proposed redevelopment of this site is for construction of a new 7,500 square foot restaurant (Twin Peaks Southcenter). Staff is currently reviewing the design review application. • Transit Oriented Development: Staff attended a workshop sponsored by Smart Growth America and the City of SeaTac to evaluate the existing vision, opportunities, and constraints for each of the three transit station areas in SeaTac & Tukwila and develop some action ideas. The workshop was facilitated by an economic strategist who consults nationally on this issue. • McMicken Neighborhood: In the last year Tukwila Code Enforcement has had 23 problem properties in the McMicken Neighborhood. Through the joint efforts of residents, police and code enforcement there are only four unresolved problem properties in various stages of cleanup. • Property Taxes: The King County Assessor's Office reported that, based on the 2015 property valuation notices for Area 24, residential properties in Tukwila increased in value by 130/0 on average. 178 City Administrator Report October 14, 2015 Page 3 • Accident Prevention Program: Human Resources will be making a presentation about the City's Accident Prevention Program to Public Works and Parks staff at their monthly safety meeting on October 22. • Seattle City Light (SLC) Pole Yard: Community Development and Government Relations staff as well as a representative from Forterra, met with representatives from Seattle City Light to discuss the odor emanating from the pole yard just to the north of Duwamish Hill. Potential plantings have been identified that may help mitigate the odor, and SCL will investigate whether they can store fewer poles in the summer time as heat exacerbates the odor problem. SCL staff will attend the October 17 Duwamish Alive event to discuss their attempts to mitigate the odors. • Office of Public Defense Grant Award: The City was awarded $22,goo in grant funds from the Washington State Office of Public Defense for 2o16. Grant funds have been awarded to provide investigator, interpreter and social worker services to support the public defense attorneys in their representation of indigent defendants. • ARMA International Conference: City Clerk staff attended the ARMA International conference to keep current on issues related to government records management. • Duwamish Hill Preserve Phase z: The cement pad for artwork and lawn seeding around the pad is complete. Final irrigation work is currently taking place. Plant deliveries are expected to begin next week followed by planting, placement of log benches and installation of a rabbit fence. Public Works is helping to remove some cement blocks and clean up the southwest portion of the site. • 4Culture Grant Funding': The City has been selected to interview for grant funding from 4Culture for future work at the Duwamish Hill Preserve. This work includes additional plantings, interpretive signage, and an entrance kiosk. We have applied for $250,000 in funding, which does not require any "new" matching funds. The interview is scheduled for October 20. • Desimone Levee: The contractor for the Army Corps of Engineers has completed all in -water riprap construction of the lower bench. Additional riprap is being placed on the upper bench, which will be followed by topsoil and plantings. • Interurban Ave S Roadway: The contractor continues to move forward as quickly as possible with west side drainage and sidewalk features, working from the south end of the project to the north. All new water main installation is complete aside from final service line adjustments. Drainage features are near completion. The south end structural sidewalk and traffic barrier across from Fort Dent Park is approximately 500/6 complete, with the remaining traffic barrier and containment wall to follow in the next few weeks. The next major construction item is placement of curb and gutter on the west side from Fort Dent to S 149th St with a target to complete the base paving before winter rains arrive. • Cascade View Safe Routes to School Phase II: The City was awarded $838,950 for Phase II of the Cascade View SRTS Project. Phase 11 will allow the City to construct new sidewalks with curbs and gutters on the east side of 33rd Ave S (S 14oth St to S 144th St) and S 14oth St (Military Rd to 34th Ave S) and install a traffic circle at 33rd Ave S/S 14oth St. 179 City Administrator Report October 14, 2015 Page 4 • ADA Transition Plan: GIS data was finalized last week and mapping of the barrier data began this week. The community outreach specialist is refining the outreach plan for translation services. • CBD Sewer Rehabilitation: City received 5 bids for the two 2015 CBD Sewer Projects. The low bidders were Michels Corporation and PRO VAC and both firms have successfully worked for the City in the past. The bid award will be presented at the 10/13 Utilities Committee. • Streets Clean -Up: The Streets Division has been busy. They have collected 45 bags of garbage from bus stops and spent so hours on graffiti removal. • Pacific Northwest Digital Summit: Technology Services Staff attended the Pacific Northwest Digital Summit held at the Tacoma Convention & Trade Center on September 29 & 30. Topics included Innovation and Leadership, Digital Government Trends, Emerging Technologies, Mobility and Citizen Engagement, Data and Analytics, Cyber Security, Cloud Services and Government Collaboration. WE Upcoming Meetings & Events October 2015 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday), 23rd (Friday), 24th (Saturday) ➢ Transportation ➢ Finance & ➢ Park Commission, ➢ Planning Cmte, Safety Cmte, 5:30 PM Commission, 5:15 PM 5:30 PM (Community Cancelled (Foster (Hazelnut Center) Conference Conference Room) Room) ➢ City Council Regular Mtg., Let's Be Safe 7:00 PM Community Event (Council Come join the Chambers) Tukwila Police and Fire Departments to learn how to keep your family and community safe and discuss current safety issues. 5:30 — 8:00 PM (Showalter Middle School, 4628 S. 144`h St.) Free Dinner and Childcare. For more information contact Joyce Trantina at (206) 433 -1868 26th (Monday) 27th (Tuesday) 28th (Wednesday) 29th (Thursday) 30th (Friday) 31st (Saturday) ➢ Community ➢ Utilities Cmte, ➢ Regional Fire A -tu.Mn Tukwila Int'l. Affairs & 5:30 PM Authority Blvd. Action Parks Cmte, (Foster Annexation HarVeSt Cmte's 5:30 PM Conference Steering Committee 11 Camlval Trash Pickup Day (Hazelnut Room) 9:00 — 10:00 AM Conference Room) 5:30 -7:30 PM (Fire Station 51, 2 444 Andover Park East) CD For location or ➢ City Council information contact Committee of 6:00 — 8:00 PM Sharon Mann the Whole the 206 - 200 -3616 Mtg., Community PM Center) (Council Chambers) $2.00 per child. Join in the fun with a costume contest, crafts, games and much more. Healthy dinner option available for purchase.. ➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342. ➢ Civil Service Commission: 1st 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 ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206 -431 -2197 ➢ Equity & Diversity Commission: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868. ➢ Finance & Safety Committee: 1 st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) A resolution establishing a change fund. (B) Status of potential purchase of Police Records Management System. (C) Update on the 2014 Audit Report. ➢ Library Advisory Board: I st Tues., 7:00 PM, Community Center. Contact Tracy Gallaway at 206- 767 -2305. ➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206- 767 -2308. ➢Planning Commission[Board of Architectural Review: 4`h Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670 ➢ Transportation Committee: 1 st & 3rd Mon., 5:15 PM, Foster Conf. Room (A) 42nd Ave S Multiple Intersections Sight Distance Analysis. (B) SCATBd: September 15 2015 Meeting Summary, October 9, 2015 Advanced Transportation Technologies Notes and Agenda, October 20, 2015 Meeting Agenda. ➢Tukwila Historical Society: 3rd Thurs., 7:00 Pm, Tukwila Heritage & Cultural Center, 14475 59`h Avenue S. Contact Louise Jones -Brown at 206- 244 -4478. ➢Tukwila Int'l. Blvd. Action Cmte: 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 181 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 - MEETING 3 - MEETING 4 REGULAR C.Q.W. REGULAR C.O.W. October 5 12 19 26 See agenda packet Special Issues: cover sheet for this -An ordinance week's agenda relating to (October 19, 2015 residential parking. Regular Meeting). -An ordinance relating to Parking Regulations within the City. - Tukwila Village Purchase and Sale Agreement. - Discussion and consensus on Sound Cities Association Public Issues Committee (SCA PIC). November 2 9 16 23 Special Presentations: Public Hearing: Special Presentation: Special Issues: '- l -Fire Department Valley -Tax Levy. Discussion on promotions, awards - Amendment to the Communications. Council vacancy and new Washington Place process. employees. Development Unfinished Business: - Discussion and - Emergency Agreement. consensus on Sound -Tax Levy Legislation. Management -Bid Award for the Cities Association update on Special Issues: Urban Renewal Public Issues Okanogan EOC Proj. 1 ect om om Committee (SCA response. -Tax Levy Legislation. -Bid Award for the Proclamations: Urban Renewal A proclamation Project. honoring veterans. Committee of the Whole meeting to be Unfinished Business: followed by Special - Tukwila Village Meeting. Purchase and Sale Agreement. -An ordinance relating to residential parking. -An ordinance relating to Parking Regulations within the City. 182