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Home My WebLink AboutReg 2016-02-01 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ REGULAR MEETING ❖ Allan Ekberg, Mayor Counci /members: • :- Dennis Robertson • :- Verna Seal David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn Joe Duffie, Council President Kate Kruller • :- Thomas McLeod Monday, February 1, 2016; 7:00 PM • Ord #2493 • Res #1874 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. 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. 3. CONSENT a. Approval of Minutes: 1/11/16 and 1/13/16 (Special Meetings) AGENDA b. Approval of Vouchers. c. Authorize the Mayor to sign Supplement No. 3 to contract #14 -066 Pg•1 with Anchor QEA for continued construction management services for the Interurban Avenue South (So. 143rd to Fort Dent Way) Street Improvement Project in the amount of $200,000.00. [Reviewed and forwarded to Consent by the Transportation Committee on 1119116.] d. Authorize the Mayor to sign Supplement No. 4 to contract #13 -028 Pg•9 with KPG, Inc., for continued on -call design support services for the Interurban Avenue South (So. 143rd to Fort Dent Way) Street Improvement Project in the amount of $59,045.66. [Reviewed and forwarded to Consent by the Transportation Committee on 1119116.] e. Authorize the Mayor to sign a contract with King County for Community Pg.19 Development Block Grant (CDBG) funds for the 2015 -2016 Tukwila Consortium — Minor Home Repair Program. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 1/25/16.] f. Authorize the Mayor to sign a contract with Green River Construction Pg.53 Company for the 6300 Building Water Service Replacement Project in the amount of $41,555.25 (plus contingency). [Reviewed and forwarded to Consent by the Utilities Committee on 1126116.] g. An ordinance granting a non - exclusive franchise to Level 3 Pg.67 Communications, LLC, for the purpose of constructing, operating, and maintaining a telecommunications system in certain public rights -of- way in the City; repealing Ordinance No. 2061. [Reviewed and forwarded to Consent by the Utilities Committee on 1126116.] h. Authorize the Mayor to sign a contract with KPG, Inc., for the 2016 Pg•91 Small Drainage Program in the amount of $68,743.01. [Reviewed and forwarded to Consent by the Utilities Committee on 1126116.] (continued...) REGULAR MEETING Monday, February 1, 2016 Page 2 4. UNFINISHED a. An ordinance repealing Ordinance Nos. 1975, 1810 and 1794 §1 (part), pg•113 BUSINESS as codified in Tukwila Municipal Code Chapters 9.20 and 9.28, amending various ordinances as codified at Tukwila Municipal Code Sections 8.28.070, 9.28.037, and 9.32.020; and reenacting Tukwila Municipal Code Chapter 9.20, to update regulations regarding parking. b. An ordinance amending Ordinance Nos. 2371 §1 and 2056 §1 (part), pg•127 as codified at Tukwila Municipal Code Section 8.25.020, to update regulations regarding vehicle storage and parking. 5. NEW BUSINESS 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.131 d. City Attorney e. Intergovernmental 7. MISCELLANEOUS S. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic riles of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS I flifiali Nleefiql Dale I Irepal-ed by Mayor's rpv . en, review 02/01/16 BG,, R(�(olulion M g ])(lie n Ordinance 1/,g Dale ❑ Bid,dxard Al/g Date [:] Public, I leafili�g A 11� Oa/e ❑ 01ber El Mig Dwe . .. . . ...... SPONSOR NbYor ❑ I IR ❑ 000 ❑ Finaw [:] Fare ❑ IT ❑ Pc' --R ❑ Police E PR" SPONSOR'S Contract No. 14-066 with Anchor QEA provides construction management for the Interurban Ave S Street Improvement Project. As construction has been extended into 2016, Anchor will need to continue to provide construction management services. Contingency of $1,139,675.00 will cover Anchor's Supplemental Agreement No. 3. Council is being asked to approve Anchor's Supplement No. 3 to Contract No. 14-066 in the amount of $200,000.00. m, ❑ C0XVN1q,,- ❑ CA&P Corte ❑ F&S 01-ite Z Transportation Corte ❑ t-'tflities ("I'lite F-1 Arts Comm. ❑ Parks C.onim, ❑ Planning Comm. I)ATTT: 01/19/16 C()M-NIFIATIT'l CHAIR: DENNIS ROBERTSON RECO.&'IMENDATIONS: SPONS(R/ADNIIN. Public Works Department 0)),11\11"T"'k Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE 1,'XIT'NDITURF RFQW11WD AMOUNT BUDGETED APPROPRIATION REQUMED $200,000.00 $10,499,201.39 $0.00 Fund SOUrce: 104 ARTERIAL STREET FUND (PAGE 14, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 ITEM INFORMATION 3.C. \VFSJ1()NS0iR: BOB GIBERSON (7RIGIN,U, A(;F'1ND-\ I)ATFI: 02/01/16 Interurban Ave South Street Improvement Project Construction Management Supplemental Agreement No. 3 with Anchor QEA D'Cliffion Cxrr("om, F-1 IX 11 Owe Molion Alit,, 1)(11e 02101116 R(�(olulion M g ])(lie n Ordinance 1/,g Dale ❑ Bid,dxard Al/g Date [:] Public, I leafili�g A 11� Oa/e ❑ 01ber El Mig Dwe . .. . . ...... SPONSOR NbYor ❑ I IR ❑ 000 ❑ Finaw [:] Fare ❑ IT ❑ Pc' --R ❑ Police E PR" SPONSOR'S Contract No. 14-066 with Anchor QEA provides construction management for the Interurban Ave S Street Improvement Project. As construction has been extended into 2016, Anchor will need to continue to provide construction management services. Contingency of $1,139,675.00 will cover Anchor's Supplemental Agreement No. 3. Council is being asked to approve Anchor's Supplement No. 3 to Contract No. 14-066 in the amount of $200,000.00. m, ❑ C0XVN1q,,- ❑ CA&P Corte ❑ F&S 01-ite Z Transportation Corte ❑ t-'tflities ("I'lite F-1 Arts Comm. ❑ Parks C.onim, ❑ Planning Comm. I)ATTT: 01/19/16 C()M-NIFIATIT'l CHAIR: DENNIS ROBERTSON RECO.&'IMENDATIONS: SPONS(R/ADNIIN. Public Works Department 0)),11\11"T"'k Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE 1,'XIT'NDITURF RFQW11WD AMOUNT BUDGETED APPROPRIATION REQUMED $200,000.00 $10,499,201.39 $0.00 Fund SOUrce: 104 ARTERIAL STREET FUND (PAGE 14, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Informational Memorandum dated 01/15/16 Anchor QEA Supplement Agreement No. 3 to Contract No. 14-066 Minutes from the Transportation Committee meeting of 01/19/16 City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Transportation Committee FROM: Bob Giberson, Public Works Director BY: Michael Ronda, Construction Project Manager DATE: January 15, 2016 SUBJECT: Interurban Avenue South (S 143rd St to Fort Dent Way) Project No. 90310402, Contract No. 14 -066 CM Consultant Supplement No. 3 with Anchor QEA ISSUE Execute a contract supplement with Anchor QEA (Anchor) in the amount of $200,000.00 to perform continued construction management (CM) services through the end of February 2016 for the Interurban Ave S Project. BACKGROUND Construction has been underway on Interurban Ave S from S 143rd St to Fort Dent Way since July 2014. Early Change Orders and multiple construction delays have extended the contract time past the original completion date. Contract time extensions nearly always require additional construction management oversight and costs. City staff makes every effort to make adjustments to the contract management effort to avoid additional costs. In this case, the significant contract time extension necessitates additional engineering and inspection time and costs cannot be absorbed through the existing contracts. We now believe the project will extend into the spring of 2016. Work continues to progress but continued inspection support is needed. DISCUSSION Anchor has provided the attached contract supplement and fee estimate to continue to perform construction management services into 2016. The negotiations for this supplement anticipate a shift in consultant personnel to better position the team for an extended construction contract and potential additional budget past February 2016. FINANCIAL IMPACT Contracts Awarded Budget Construction Contract $7,597,833.39 $8,737,508.39 Change Order Obligations to Date 246,311.29 Remaining Construction Contingency (Originally 15 %) 54,870.76 Anchor QEA Current Construction Management Encumbrance 1,542,648.00 1,666,693.00 Anchor QEA CM Supplement #3 200,000.00 KPG Current On -Call Construction Support Encumbrance 357,973.00 KPG On -Call Construction Support Supplement #4 59,045.66 Tukwila Staff, Field Office Expenses, WSDOT 225,000.00 Other Additional Support Costs (DOT Extensions, etc.) 115,519.29 Potential Utility Conflicts 100,000.00 Storm Quality Retrofit Budget (CIP page 83) 95,000.00 Totals $10,499,201.39 $10,499,201.39 W: \PW Eng \PROJECTS\A- RW & RS Projects \Interurban Ave S (90310402) \Consultant Selection \Info Memo CM Anchor Supplement #3 01 -15 -16 gl.docx 3 Info Memo AnchorTitle or Addressee January 15, 2016 Page 2 RECOMMENDATION Council is being asked to approve the construction management contract Supplement No. 3 with Anchor OEA in the amount of $200,000.00 for the Interurban Ave S Project and consider this item on the Consent Agenda of the February 1, 2016 Regular Meeting. Attachment: Anchor QEA Contract Supplement #3 W: \PW Eng \PROJECTS\A- RW & RS Projects \Interurban Ave S (90310402) \Consultant Selection \Info Memo CM Anchor Supplement #3 01 -15 -16 gl.docx 4 � Washington State TI/ Department of Transportation Supplemental Agreement Organization and Address Number Three Anchor QEA, LLC 720 Olive Way, Suite 1900 Seattle, WA 98 101 Original Agreement Number STPUL -1045 (007); 14- 066(c) Phone: 206 287 -9130 Project Number Execution Date Completion Date 90310402 June 6, 2014 June 30, 2016 Project Title New Maximum Amount Payable Interurban Avenue South Improvements $ 1,742,648.00 Description of Work Provide Construction Management Services for roadway improvements from S. 143rd Street to Fort Dent Way, including walls, storm drainage, illumination, landscaping, paving and pedestrian facilities. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Anchor QEA, LLC and executed on June 62014 and identified as Agreement No. 14 -066 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Expansion of level of services and time allocation of staff as identified in the original agreement scope of work and Supplement No. 1. Estimated completion time extended to June 2016 by Supplement No. 2. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: NZA III Section V, PAYMENT, shall be amended as follows: Increase the maximum amount payable by $200,000 from $1,542,648.00 to $1,742,648.00 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. ! ..1 4!•� ! _ • .1 �. • • f,/_ a .l i • Signature DOT Form 140 -063 Revised 09/2005 By: Approving Authority Signature 5 Supplement No. 3 Exhibit A Consultatnt Fee Determination - Summary Sheet (Cost Plus Fixed Fee) Project: Interurban Avenue South - S. 143rd Street to Forth Dent Way Direct Salary Cost (DSC): Classification Man Hours $ Rate Cost Principal - Construction Manager 246 x $ 87.00 * _ $ 21,402.00 Senior Staff - Lead Inspector 600 x $ 40.00 = $ 24,000.00 Office Engineer 540 x $ 27.00 = $ 14,580.00 Inspector - Specialty 210 x $ 42.00 = $ 8,820.00 Project Coordinator /Administration 16 x $ 26.00 = $ 416.00 * Rate capped at $87.99 for this contract Total DSC $ 69,218 Overhead (OH Cost including Salary Additives): OH Rate x DSC of 160.94% x $ 69,218.00 $ 111,399 Fixed Fee (FF): FF Rate x DSC of 25.00% x $ 69,218.00 $ 17,305 Reimburseables: Mileage Copier /Copies Misc Supplies and Equipment Subtotal - Supplement No. 3 Previous Total (Original + Supplement No. 1 and 2) Revised TOTAL (Original + Supplement No. 1, 2 and 3) Prepared by: Ed Berschinski r Subtotal Labor $ 197,922 $ 1,000.00 $ 1,000.00 $ 78.00 Subtotal Reimburseables $ 2,078.00 $ 200,000 $ 1,542,648 $ 1,742,648 Date: 1/12/2016 TRANSPORTATION COMMITTEE Meeting Minutes City Council Transportation Committee January 19, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Rhonda, Pat Brodin, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. 1. PRESENTATIONS 11. BUSINESSAGENDA A. Contract Supplements: Interurban Avenue South (South 143`d St. to Fort Dent Way) Staff is seeking Council approval of Supplement No. 3 with Anchor QEA in the amount of $200,000 for continued construction management services for the Interurban Avenue South Project. Construction of this project has been underway since July 2014, and multiple construction delays and change orders have extended the expected completion date. This time extension requires additional construction management oversight. B. Contract Supplement: Interurban Avenue South (South 143`d St. to Fort Dent Way) Staff is seeking Council approval of Supplement No. 4 to Contract No. 13 -028 with KPG, Inc. in the amount of $59,045.66 for continued on -call design support services during construction through the end of March 2016. While KPG shifted their original support budget to compensate for the slower construction pace, installation of the new waterline and other difficulties necessitate this additional compensation. The Committee discussed the project delay and both supplement requests together, asking additional questions about the delays and the relationship with the contractor. Committee members agreed with the staff recommendation to forward these to a consent agenda, but asked that Chair Robertson provide an update to the Council under reports. in addition, the Committee requested to be kept informed on the project status. UNANIMOUS APPROVAL. FORWARD BOTH SUPPLEMENTS TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA. C. Cost Estimate: 42 "d Avenue South /South 1601h Street Intersection Design forthe construction of ADA improvements at Tukwila's portion ofthis intersection is part of the 42nd Avenue South Phase III project and is at 90 %. In 2015, the Transportation Committee learned that the City of SeaTac has no plans for improvements to the intersection quadrants that are within SeaTac limits, and the members asked staff to investigate options. 7 ------------------------- 11,11fiedf Meeliir,g Dale Prepared 6y Mayor'} review Council review 02/01/16 BG,'' 1:1 1te.j-olufioll i1 I/ Dale ❑ Ordinance Aftg Dale ................ --1 ❑ Bid ,4n)(ird 211/ Date — ❑ Public 11 Ieafing 111/ Dale ❑ Other 11th Dale .. SPNSOR E] Council E] AliYor E] I IR 01 , )CD ❑ Vinance ❑ Fire ❑ IT ❑ 11c' ;-R ❑ Polia Z PIF O S11()NSOWS Contract No. 13-028 with KPG, Inc. provided design and construction management services for the Interurban Ave S Street Improvement Project. As construction has been extended into 2016, KPG will need to continue to provide construction management services. Contingency of $1,139,675.00 will cover KPG's Supplemental Agreement No. 4. Council is being asked to approve KPG's Supplement No. 4 in the amount of $59,045.66. ❑ (-1'0WN1tg. [:] Czk&P ("llite ❑ F&S Cmie ZTransportation Cxnte F-1 Utilities Cirite ❑ Arts Comm. [:] Parks (omen. ❑ Planning Comm. Dl L': 01/19/16 (-:0MN1YI'1'F1,' CI IAIR: DENNis ROBERTSON RECOMMENDATIONS: Sj)(),\s0iz/Ai)NIIN. Public Works Department COMM "I"TT' Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE 11,"XI)FINDI1 Hr Rr'()1I1R,1m AmOUN'rBUDGETED APPROPRIATION REQUIRED $59,045.66 $10,499,201.39 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 14, 2015 CIP) Commenry.- MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 ITEM No. 3.D. 2 S,J',\],'I,'Sll( )NS( )R: BOB GiBERSON 0K1GIN,\I—iV;1?NDA DXFI.: 02/01/16 trr `lTrj,i,; Interurban Ave South Street Improvement Project Construction Management Supplemental Agreement No. 4 with KPG, Inc. C, ❑ zU/fll ])ate Z Motion M/ Date 02101116 1:1 1te.j-olufioll i1 I/ Dale ❑ Ordinance Aftg Dale ................ --1 ❑ Bid ,4n)(ird 211/ Date — ❑ Public 11 Ieafing 111/ Dale ❑ Other 11th Dale .. SPNSOR E] Council E] AliYor E] I IR 01 , )CD ❑ Vinance ❑ Fire ❑ IT ❑ 11c' ;-R ❑ Polia Z PIF O S11()NSOWS Contract No. 13-028 with KPG, Inc. provided design and construction management services for the Interurban Ave S Street Improvement Project. As construction has been extended into 2016, KPG will need to continue to provide construction management services. Contingency of $1,139,675.00 will cover KPG's Supplemental Agreement No. 4. Council is being asked to approve KPG's Supplement No. 4 in the amount of $59,045.66. ❑ (-1'0WN1tg. [:] Czk&P ("llite ❑ F&S Cmie ZTransportation Cxnte F-1 Utilities Cirite ❑ Arts Comm. [:] Parks (omen. ❑ Planning Comm. Dl L': 01/19/16 (-:0MN1YI'1'F1,' CI IAIR: DENNis ROBERTSON RECOMMENDATIONS: Sj)(),\s0iz/Ai)NIIN. Public Works Department COMM "I"TT' Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE 11,"XI)FINDI1 Hr Rr'()1I1R,1m AmOUN'rBUDGETED APPROPRIATION REQUIRED $59,045.66 $10,499,201.39 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 14, 2015 CIP) Commenry.- MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Informational Memorandum dated 01/15/16 KPG Supplement Agreement No. 4 to Contract No. 13-028 Minutes from the Transportation Committee meeting of 01/19/16 2 W Li wila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Transportation Committee FROM: Bob Giberson, Public Works Director " BY: Michael Ronda, Construction Project Manager DATE: January 15, 2016 SUBJECT: Interurban Avenue South (S 143rd St to Fort Dent Way) Project No. 90310402, Contract No. 13 -028 On -Call Design Support Supplement No. 4 with KPG, Inc. ISSUE Execute a contract supplement with KPG Inc. (KPG) in the amount of $59,045.66 to perform continued on -call design support services during construction through the end of March 2016 for the Interurban Ave S Project. - � TATa;(c1 7e111 ki U1 Construction has been underway on Interurban Ave S from S 143rd St to Fort Dent Way since July 2014. Early Change Orders and multiple construction delays have extended the contract time past the original completion date. KPG was able to shift their original support budget to compensate for the slower pace of construction and make the initial budget last through the end of 2015 by using budget for closeout services (as -built generation, etc). Subsequent minor changes encountered during the installation of the new waterline and ongoing difficulties cannot be absorbed through the existing contracts, We now believe the project will extend into the spring of 2016. Close out services and additional on -call support is needed to reach the end of construction. DISCUSSION KPG has provided the attached contract supplement and fee estimate to continue to perform design support services during construction extending into 2016. The negotiations for this supplement anticipate a shift in consultant personnel to better position the team for an extended construction contract and potential additional budget past March 2016. FINANCIAL IMPACT Totals $10,499,201.39 W: \PW Eng \PROJECTS\A- RW & RS Projects \Interurban Ave S (90310402) \Consultant Selection \Info Memo KPG Supplement #4 01 -15 -16 gl.docx 11 Contracts Awarded Budget Construction Contract $7,597,833.39 $8,737,508.39 Change Order Obligations to Date 246,311.29 Remaining Construction Contingency (Originally 15 %) 54,870.76 Anchor QEA Current Construction Management Encumbrance 1,542,648.00 1,666,693.00 Anchor QEA CM Supplement #3 200,000.00 KPG Current On -Call Construction Support Encumbrance 357,973.00 KPG On -Call Construction Support Supplement #4 59,045.66 Tukwila Staff, Field Office Expenses, WSDOT 225,000.00 Other Additional Support Costs (DOT Extensions, etc.) 115,519.29 Potential Utility Conflicts 100,000.00 Storm Quality Retrofit Budget (CIP page 83) 95,000.00 Totals $10,499,201.39 W: \PW Eng \PROJECTS\A- RW & RS Projects \Interurban Ave S (90310402) \Consultant Selection \Info Memo KPG Supplement #4 01 -15 -16 gl.docx 11 Info Memo KPG January 15, 2016 Page 2 RECOMMENDATION Council is being asked to approve the on call design support contract Supplement No. 4 with KPG, Inc. in the amount of $59,045,66 for the Interurban Ave S Project and consider this item on the Consent Agenda of the February 1, 2016 Regular Meeting. Attachment: KPG Contract Supplement #4 W: \PW Eng \PROJECTS\A- RW & RS Projects \Interurban Ave S (90310402) \Consultant Selection \Info Memo KPG Supplement #4 01 -15 -16 gl.docx 12 Washington State Department of Transportation Supplemental Agreement Organization and Address Number 4 KPG, Ine. 753 9th Avenue N Seattle, WA 98109 Original Agreement Number 13- 028(b) Phone: 206.286.1640 Project Number Execution Date Completion Date 90310402 1/29/2013 6/15/2016 Project Title New Maximum Amount Payable Interurban Avenue S, Fort Dent Way to S 143rd Street $ 803,798.31 Description of Work Provide construction engineering services during the construction and closeout of the Interurban Avenue S - S 143rd Street to Fort Dent Way project. The Local Agency of City of Tukwila desires to supplement the agreement entered in to with KPG and executed on 01/29/2013 and identified as Agreement No. 13 -028 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: This supplement includes additional scope for construction engineering services identified in the attached Exhibit A -4. Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No change in the completion date of 6/15/2016 III Section V, PAYMENT, shall be amended as follows: Payment for the added scope items shall not exceed $59,045.66 as shown in Exhibit E -4 without prior approval by the City. as set forth int eh attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature DOT Form 140 -063 Revised 09/2005 please sign in the Appropriate 13 EXHIBIT A -4 City of Tukwila Interurban Avenue S S 143rd Street to Fort Dent Way Supplement No. 4 Construction Engineering Support KPG Scope of Work January 12, 2016 A. BACKGROUND The following represents the general Scope of Services (Scope) to be performed by KPG Inc. (Consultant) during the ongoing construction and closeout of the Interurban Avenue S — S 143rd Street to Fort Dent Way project (Project), for the City of Tukwila (City). This supplement is to provide for construction engineering services for approximately three months of 2016 and to replenish funds for closeout record drawing assistance as described below. It is anticipated that budgets between Tasks may be adjusted as required to provide the requested services. B. SCOPE OF WORK TASK 3A — CONSTRUCTION PHASE SERVICES 3.1 The Consultant shall continue to provide on -call support, which may include, weekly progress meetings, review of shop drawings, interpretation of plans and specifications, minor change exhibits, property restoration details and construction change order assistance on an as- needed basis. The level of effort assumes providing these services through approximately March 2016 and may include the following items of work: • Construction Meetings: Attend weekly construction meetings or other project meetings at the construction site to review, in conjunction with the City, the Contractor's progress and construction schedule. Weekly attendance is not anticipated for the project duration; however, the project engineer and other engineers will attend as requested. Provide feedback and follow up as appropriate. • Submittals: Review and comment on the Contractor's submittals as requested, including shop drawings. Many of the submittals will be reviewed by the City or Construction Management Services Consultant. It is anticipated that the Consultant will receive the following submittals for review: Interpretation of Plans and Specifications: Provide technical assistance to clarify and interpret the contract documents at the request of the City. Assist the City in answering Contractor questions. Respond to requests for information (RFIs), prepare requests for quotation (RFQs), and prepare construction field directives (CFDs). Change Order Assistance: In the event that the provisions of the Contract Documents need to be revised, prepare the necessary revisions to the drawings and specifications. On request, provide engineering or independent peer review of contractor, City, or utility proposed plan changes. Field Engineering Assistance: Various design details are best performed in the field. These items have been identified during construction and discussed with the design team. The design team will provide additional assistance to clarify the scope and intent of these Extra Work items on an as needed basis within the scope of the approved budget. City of Tukwila Page 1 of 2 KPG Interurban Ave S Construction Engineering Support 111212016 14 Subconsultant Construction Support: Project Subconsultants for structural (CivilTech) will be retained for construction support on an as requested basis. A budget allowance of $5,000 is included in the attached Exhibit E. On -call survey support: Provide surveyor support to verify contractors survey or layout, assist with quantity verification, or other support needs as requested by the City. Task.3 Deliverables: Documentation as requested in support of on -call construction support TASK 5 — CLOSEOUT ASSISTANCE 5.1 This task is provided to replenish closeout budget that has been reallocated during the project to address ongoing priorities for construction engineering. The overall budget amount is reduced from the original budget estimate as a result of efficiencies that have been realized in documenting record changes as they occurred. Task.5 Deliverables: • Record Drawing Mylars (full size) • Half -size copy of draft • Full -size and half -size copies of final record drawings • Electronic files C. OTHER SERVICES The City of Tukwila may require other services of the Consultant. These services could include other work tasks not included in the scope of work. These services may include, but are not necessarily limited to, additional construction support; assistance with property restoration issues; utility, agency, or audit support in excess of the budget allowances contained in Exhibit E; or other services deemed necessary by the City. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila Page 2 of 2 KPG Interurban Ave S Construction Engineering Support 511212014 15 HOUR AND FEE ESTIMATE Project: City of Tukwila Interurban Avenue S S 143rd Street to Fort Dent Way Supplement No. 4 - Construction Engineering Services EXHIBIT E-4 Task 3A - Estimate through April 2016 Level of effort at 3 day per week + mgmt/admin Subcontractor Allowance to completion Mileage Reproduction 12 72 144 Task Totals 2 72 144 • Architecture • Landscape Arch itecture • Civil Engineering • 4 B 12 $ 26,430.33 $ 5,000.00 $ 250.00 $ 50.00 12 $ 31,730.33 Task 5 - Record Drawings (Replenish funds) Prepare Draft Record Drawings Final Record Drawings PMR audit support Mileage Reproduction Task Totals ' 4 16 20 0 20 30 4 4 8 0 10 20 0 0 0 12 20 0 0 8 20 40 20 30 50 0 4 $ 10,192.73 0 4 $ 5,229.24 40 24 $ 10,193.35 $ 200.00 $ 1,500.00 40 32 $ 27,315.33 Hourly rates are based on the fallowing: Direct Salary Costs Overhead Rate Fixed Fee 65.00 $ 52.06 $ 41.83 $ 45.67 $ 36.06 $ 31.25 $ 50.75 $ 40.87 $ 26.92 145.78 30% 1/13/2016 TRANSPORTATION COMMITTEE Meeting Minutes City Council Transportation Committee January 19, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Rhonda, Pat Brodin, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Contract Supplements: Interurban Avenue South (South 143 d St. to Fort Dent Wavi Staff is seeking Council approval of Supplement No. 3 with Anchor QEA in the amount of $200,000 for continued construction management services for the Interurban Avenue South Project. Construction of this project has been underway since July 2014, and multiple construction delays and change orders have extended the expected completion date. This time extension requires additional construction management oversight. B. Contract Supplement: Interurban Avenue South (South 1431d St. to Fort Dent Wavl Staff is seeking Council approval of Supplement No. 4 to Contract No. 13 -028 with KPG, Inc. in the amount of $59,045.66 for continued on -call design support services during construction through the end of March 2016. While KPG shifted their original support budget to compensate for the slower construction pace, installation of the new waterline and other difficulties necessitate this additional compensation. The Committee discussed the project delay and both supplement requests together, asking additional questions about the delays and the relationship with the contractor. Committee members agreed with the staff recommendation to forward these to a consent agenda, but asked that Chair Robertson provide an update to the Council under reports. In addition, the Committee requested to be kept informed on the project status. UNANIMOUS APPROVAL. FORWARD BOTH SUPPLEMENTS TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA. C. Cost Estimate: 42 "d Avenue South /South 160th Street Intersection Design forthe construction of ADA improvements at Tukwila's portion ofthis intersection is part of the 42nd Avenue South Phase III project and is at 90 %. In 2015, the Transportation Committee learned that the City of SeaTac has no plans for improvements to the intersection quadrants that are within SeaTac limits, and the members asked staff to investigate options. 17 1 COUNCIL AGENDA SYNOPSIS ------------------ - - - - -- Initials Aleefiq Dale Prepared by Mayors revien Council review 02/01/16 EB ❑ Resolution AJ g Dale ❑ Ordinance 'Vtg 1)(1/0 ❑ Bid.117vard A'Qg Dale F-1 Public Fleafiq Aftg Dale ❑ 0119er APP Date SPONSOR ❑ Conned E Mqyor ❑ 11R ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P& R [:] Police [:] 1) IV SPONSOR'S The multi-jurisdictional Minor Home Repair Program contract requires Council SUMMARY authorization for the Mayor's signature. The Contract is for $130,000 to be split between the cities of Tukwila, Des Moines, Covington and SeaTac. RI \,irwri) BY ❑ cow mtg. N CA&P Cri-ite ❑ F&S Cnite F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Cornin. ❑ Parks Corni-ii. ❑ Planning Comm. DATE: COMMI'lTFF CllATR: QUINN RECOMMENDATIONS: SPONS()R /At)�ilN. Mayor's Office/Human Services COST IMPACT/ FUND SOURCE EXPEINDITURF Ri:()uiRjm AmOUNTBUI)GEAT') APPROPRIATION REQUIRED $130,000 $130,000 $130,000 Fund Source: HUD Comments.- The Cities pay first, Tukwila is reimbursed by King County. MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 3.E. We, ISTAFFSPONS(AR: EVIE BOYKAN 02/01/16 A(, i 'NDA ITEM TITLIl. 2015 -2016 Tukwila Minor Home Repair Program Cx1'1"1(;(-)RY ❑ Disoission All ,g Dale E Molion ATtg AT/g Date 02101116 ❑ Resolution AJ g Dale ❑ Ordinance 'Vtg 1)(1/0 ❑ Bid.117vard A'Qg Dale F-1 Public Fleafiq Aftg Dale ❑ 0119er APP Date SPONSOR ❑ Conned E Mqyor ❑ 11R ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P& R [:] Police [:] 1) IV SPONSOR'S The multi-jurisdictional Minor Home Repair Program contract requires Council SUMMARY authorization for the Mayor's signature. The Contract is for $130,000 to be split between the cities of Tukwila, Des Moines, Covington and SeaTac. RI \,irwri) BY ❑ cow mtg. N CA&P Cri-ite ❑ F&S Cnite F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Cornin. ❑ Parks Corni-ii. ❑ Planning Comm. DATE: COMMI'lTFF CllATR: QUINN RECOMMENDATIONS: SPONS()R /At)�ilN. Mayor's Office/Human Services COST IMPACT/ FUND SOURCE EXPEINDITURF Ri:()uiRjm AmOUNTBUI)GEAT') APPROPRIATION REQUIRED $130,000 $130,000 $130,000 Fund Source: HUD Comments.- The Cities pay first, Tukwila is reimbursed by King County. MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Information Memo dated 01/08/2016 King County Public Entity Services Contract with exhibits Minutes from the Community Affairs and Parks Committee meeting of 01/25/2016 We, 20 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM T{}: Mayor Ekberg Community and Parks Committee FF7[)K8: Evie Boykan' Human Services Manager DATE: January 8,201G SUBJECT: Minor Home Repair Program Contract ISSUE We have received the 2015/2018 contract from King County for the multi -jurisdiction OOinO[ home repair program. AS the award exceeds $4O'OOO the Council must approve the contract before it can be executed. The term of the contract is December 1, 2015 through October 31, 2010 yet due tO delays with Housing and Urban Development the contract has recently been sent tOV9 for execution. BACKGROUND The Human Services Division has been administering this program in-house since 2005. In 2015 our contractors served 20 unduplicated Tukwila households with 93 hours of housing repair. The cities involved (Tukwila, 8e8TaC' Covington and Des KA0iOes) served @ total of 79 households with over 6OO hours Of service. The budget for the 2D15/2D18 contract iS$13O'OOD for the entire pFOg[anl of Cities and $30'000 in coDSt[UCfiOO dOUan; for TUhvvi|G. FINANCIAL IMPACT We are required to front the dollars for the program and are fully reimbursed with federal dO||3rS. RECOMMENDATION The Council is being asked to authorize the Mayor tO sign the contract with King County Housing and Community Development in the amount of $130,000, and consider this item on the Consent agenda 8t the February 1.2O1O Regular meeting ATTACHMENTS Copy of the Contract 22 Department of Community and Human Services LIQ Community Services Division King County Housing Community Development Section (206) 263-9105 TTY Relay: 711 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT — 2015/2016 Contractor City of Tukwila Project Title Tukwila Consortium Minor Home Repair Program (C15342) Contract Amount $ 130,000 Contract Period From: 12/01/2015 To 10/31/2016 DUNS No. (if applicable) 010207504 SAM No. (if applicable) 47Z60 THIS CONTRACT No. 5824592 is entered into by KING COUNTY (the "County"), and City of Tukwila (the "Contractor") whose address is 6200 Southcenter Blvd, Tukwila, WA 98188. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES FEDERAL Federal Catalogue No. 14.218 $130,000 12/01/2015 - 10/31/2016 TOTAL $130,000 12/01/2015 - 10/31/2016 WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2015/2016 Biennial Budget, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance/Endorsements CDBG General Requirements Tukwila Consortium Minor Home Repair Program C15342 Attached hereto as Exhibit I Attached hereto as Exhibit 11 Attached hereto as Exhibit III 11. Term and Termination A. This Contract shall commence on 12/01/2015, and shall terminate on 10/31/2016, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection I I.A. above, by providing the other party thirty (30) This form is available in alternate formats upon request for persons with disabilities. City of Tukwila Page I of 9 2015-2016 Contract - 5824592 23 days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the Contractor 30 days advance written notice of the suspension. C. The County may terminate or suspend this Contract, in whole or in part, upon seven days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for actual damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. 111111. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract and its attached exhibits B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles promulgated by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor's form of incorporation. City of Tukwila Page 2 of 9 2015-2016 Contract - 5824592 24 V. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. V1. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits and make the foregoing records available to the County for inspection and copying upon request. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. The Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within 10 working days of any such relocation. C. The records listed in A and B above shall be maintained for a period of 6 years after termination of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and 6 years after termination hereof, unless a longer retention period is required by law. D. Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. City of Tukwila Page 3 of 9 2015-2016 Contract - 5824592 25 F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kinqcounty.gov/DCHS/contracts VIII. Audits A. The Contractor shall submit to the County a copy of its annual report of exam ination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. If additional federal and/or state audit or review requirements are imposed on the County during the term of this Contract, the Contractor agrees this Contract may be amended to require that the Contractor comply with any such additional audit requirements. Even if this Contract is not amended, the Contractor agrees to comply with any such additional audit requirements. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section I I.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E. X. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. City of Tukwila Page 4 of 9 2015-2016 Contract - 5824592 26 XI. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and /or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and /or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and /or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and /or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and /or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C. The Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and /or agents, in its performance and /or non - performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and /or awards of damages, arising out of, or in any way resulting from, the sole negligent acts or omissions of the County, its officers, employees, and /or agents, in its performance and /or non - performance of its obligations under this Contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and /or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. City of Tukwila Page 5 of 9 2015 -2016 Contract - 5824592 27 X111. Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kinqcounty.gov/DCHS/contracts. Contractors shall read and provide required insurance documentation prior to the signing of this Contract. X11111. Assignment /Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections 111, IV, V, VI, V11, X, X1, XIII, XIV, XV, XVI, XVII, XVIII, XXIV, XXV, and XXVI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV. Nondiscrimination and Equal Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kincicounty.gov/DCHS/contracts. XV. Conflict of Interest A. The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this City of Tukwila W. Page 6 of 9 2015-2016 Contract - 5824592 Contract pursuant to Section 11 and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVIL Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. City of Tukwila Page 7 of 9 2015-2016 Contract - 5824592 29 XX. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XX11. Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXIL Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII. Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV.Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV. Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI.No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. City of Tukwila 30 Page 8 of 9 2015-2016 Contract - 5824592 XXVIII. Contractor Certification By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the DCHS website at http://www.kinqcounty.gov/DCHS/contracts and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO /Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY ME King County Executive Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY City of Tukwila Page 9 of 9 CITY OF TUKWILA Signature Name (Please type or print) Date 2015-2016 Contract - 5824592 31 32 DouuSign Envelope ID: aF59seO74r13447s-8e2E-2848F1aoausn Insurance An|hO |tn ^^~~^^ ^^^� PO, Fox G0030 14-Dec- 15 Cert#: 9993 King County Housing & Community Dn/elopment Attn: KondyPoplock 40| Fifth Ave, Ste 50U Seattle, yV/\98lO4 }<B: (`ityo[TVlni10 Minor Home Repair Program (C]5342)-ThronnhlZ/]){%Ol6 Evidence of Coverage The above captioned entity iuu member 0[thc Washington Cities Insurance A (\VCIA)., which is a selfinsured pool ofover 150 public entities in the State of YVusbiogk>n. Tukwi|a, Ix" 9�I .." � � yh'n/ �n6 1-�7� io} b 6/� �Ob��5-742o VVClA has ot least �] oai[lioo per 0ccunCncc limit o[ liability coverage io its self insured layer that may bc applicable in the event uo iooiJcot occurs that is dcuood to be attri�utud k) t�c o�cli ocoF[hcrncmbcc 9V(,1/\ was created hyuoindorloual agreement unono� public entities and liability is sell' funded by the membership, As there is no insurance policy iuvolvod uod YVCbA is not IIISUrance company, your organization cannot be named as an additional insured. Sincerely, Eric B.Larson Deputy Director cc: Peggy McCarthy Evelyn Boykan, LaUric Anderson City of Tukwila Page 1of1 2015o016 h| 34 EXHIBIT 11 CITY OFTUKW|LA COMMUNITY DEVELOPMENT BLOCK GRANT GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. L ADDITIONAL REQUIREMENTS — COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations or State Public Agencies If the Contractor is a municipal corporation or an agency of the State of Washington, costs for which the (|OOtraCtO[ requests reimbursement shall comply with the pO|iCi8S' guidelines and requirements 0f2[|FFl Part 225 "Cost Principles For State, Local and Indian Tribal Governments" and the sections Of24 Code of F8d8[8| FlegV|8tiOOS (CFFl) Part 85 "Administrative Requirements for Grants and Cooperative Agreements tO St8t8, LOC8| and Federally Recognized Indian Tribal GOVS[Onl8OtS^ identified at OMB Circular /\-1O2and 24CFR & 570.502/a\ Applicability of Uniform Administrative Fl8qUireDlHntS. unless otherwise provided in the Project/Program Exhibit(s). B. Not-for-profit Corporations If the COO1rRStO[ is 8 not-for-profit CO[pO[8ti0D. COStS for which the Contractor requests reimbursement shall comply with, unless otherwise provided in the Project/Program Exhihit(S).1h8 pO|iCi8S' gUid8|iD8S and requirements O(2 {|FR 230, "Cost Principles for Non-Profit Organizations," and the S8CtiODS Of24{|FH Part 84, Uniform AdnniDiSƒ[aUiV8 Requirements for Grants and Agreements with Institutions of Higher EdUC8(iOO, Hospitals and Other Non-Profit Organizations, identified 8t2CFFlPart 215 and 24 CFR 570.502 (h). Applicability Of UOifO[nO Administrative Fl8qUireDlHOiS. C. Excess Federal Funds CDBG funds on hand shall not exceed $5,000 if retained beyond three days unless written approval is received from the County. Any reimbursement in exC8SS of the amount required shall be promptly returned tO the County. D. Program Income The Contractor shall report hJthe County the receipt and expenditure 0f all [|DBG P[0g/anO |DCOnn8. as defined in 24 CFFl § 570.500(a). that is generated under this Contract for the purposes specified herein O[ generated through the project(s) funded under this CODt[BC1. PnDgr8nl inCDOlB Sh@|| be returned to the County unless the County specifies that it may be retained by the Contractor. If the County authorizes the Contractor tO retain the Program Income tO continue Or benefit 8 project Orprojects, the Contractor shall comply with all provisions of the Contract in expending the funds. This duty iO repay the County shall not be diminished Dr extinguished hy the prior termination of the Contract pursuant to Section X|' T8[nlin81iO0 of the COnnrnUOity and HUnO8n Services and PUh|iC Entity Services Contracts. City of Tukwila Page of 2015-2016 Contract 5e24592-Exh11 UV. ADDITIONAL REQUIREMENTS - MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions tOthe six year retention period specified in S8CdOn V|U' ReCO[d8, Inspections and Evaluations of the Community and Human Services and Public Entity Services Contracts are as follows: Records that are the subject of audit findings, litigation, O[ claims shall be retained for 8period of two YO8nG after such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement Ortransfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application Of funds for activities within this CODt[RCt' in accordance with the p[OViSiOnS Of 24[|FFl G 85.20 and the OMB Circular A-87 for governmental agencies, 24CFR884.21 and OMB Circular A-122for Nonprofit Corporations. These records shall contain iDf0rOn8ti0D pertaining to grant awards and authorizations, obligations, UDOh|ig81ed balances, assets, liabilities, outlays and income. C. Employment Records K the CODt[8C1O[ is 8 municipal COrpD[8tOD Or agency Of the State Of VV8ShinOtOO, it agrees to [n8iD(8iO the fOl|DvViDg data for each of the {}OOt[8Ctor'S operating units funded iD whole OriO part with C[}BG funds provided under this Contract. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity COm0iSSiOD'S EEO-4 form, and 2. Documentation {f any actions undertaken to assure equal employment opportunities k}all persons regardless [frace, cO|D/' n8tiOO@| origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Contractor shall maintain documentation Cd the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or Housing and Urban [)9vH|OpmHO[ (HUD) has found that the Contractor has previously discriminated against persons on the grounds of race, color, national origin or sex in administering ap[0g[8rn or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E Additional Records The Contractor shall maintain separate files for each program exhibit including: Notice Of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; City oxTukwila Page pof8 2015-2016 Contract 5824592-Exh11 3. Correspondence regarding budget revision requests; 4. Copies Of all invoices and reports submitted [O the County; 5. Bills for payment; 0. Copies Of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are 8UDVv8h|8 in accordance with the 8pp|iCJh|8 OMB Circular. Such records include, but are not limited to the following. 2. Personnel costs - payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed h»a supervisor and, hless than full time, annotated tO document percent Oftime charged against this Exhibit. b. Staff travel - documentation of mileage charges for private auto. Copy machine use, postage, telephone use, and office supplies ' when these costs are shared with other programs and OO invoice iS @v8i|8b|e. log sheets O[annotated invoices. 8. Documentation Of the solicitation process used tO select vendors and subcontractors along with original purchase orders and subcontracts. UL ADDITIONAL REQUIREMENTS - NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements B. The Contractor shall comply with all applicable federal laws prohibiting diSChOniO8tiOO, including the following: Presidential Executive Order 110838S amended and implementing regulations 8t24CFFl Part 1O7; 2. Section 109 Of the Housing and COnnrDVnhv U8Ve|OpnOHrt Act Of 1974, as amended 42 United States Code (US[|) 53O1; 3. The Americans with Disabilities Act (42[)SC1213;47L1S[|155,2O1,218and 225); and 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. C. Prohibited Discriminatory Actions The Contractor may not, under any program 0[activity to which this Contract applies, directly or through contractual or other arrangements, unlawfully discriminate on the g[OUOdS Of 8g8, CO|Vr. Cne8d' f8Mli|i8| St81US' marital St81US' O8tiOn8|i1v' religion, [RC8, S8X, SexU8| orientation, or the pn8SOnC8 Of any, physical, mental Or sensory diS8h|hv. Such discriminatory actions may include, but are not limited to, the following: City oxTukwila Page 3ofe 2015-2016 Contract 582*ee2Ex 11 Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; 2. Denying any person services due to limited English proficiency; 3. Providing any p8[SDO with facilities, services, OD8DCi8| aid or other benefits, which are different, or are provided in 8 different form from that provided to Oih8[S under the p[Ogr8[D or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter O[ process related tO receipt [f any service O[ benefit under the program Oractivity; 5. Restricting in any way access tOO[iD the enjoyment OfGDyOdv8Dt8OeOf privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the pg[SOD S81iSfiSS any adnniSSiOD, enR}U[O8Di. eligibility, membership, or other requirement Or condition which individuals DlUSi meet in order to be provided any facilities, services Orother benefit provided under the program Oractivity; and 7. Denying any person any opportunity to participate iD8program or activity as an 8DOD|Oy8H. 8. Failing to design and construct facilities for first occupancy after January 26, 1993 that are P88di|Y 8CCeSSib|8 to and USah|e by individuals with disabilities and failure to nB[nOv8 8[Chit8[tU[D| and CDnlOOUniC8tiOD barriers that are Si[UCtU[a| in nature iD existing facilities, where such removal can be accomplished without difficulty and expense. D. Employment Projections |n all solicitations under this Contract, the Contractor shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements Sh8U constitute compliance with this Section. |V. ADDITIONAL REQUIREMENTS - NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 24{|FR685.3G/e\8s amended if the Contractor iSa OlUniCipR| QO[pO[O1i8D or an Agency of the State of Washington and 24 [|FR § 84.44(b)(1)-/5\ i the Contractor iS@ nonprofit corporation. |O accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in>(VF' Small Contractors and Suppliers and Women Business Enterprises Opportunities of the Community and Human Services Contract and Public Entity Services [|0Dt/aCt. City ofTukwila Page 4ofy 2015-2016 Contract 58245e2-E,»11 V. ADDITIONAL REQUIREMENTS - SUBCONTRACTS AND PURCHASES A. A Contractor that receives federal funds under this Contract also shall include the following sections in every subcontract or purchase order for goods and services that are paid iO whole OriD part with funds provided under this Contract: Section 1. COOlp8OS8tiOn and Method Of P8V[O8Ot, Subsections A. or B. and D. B. OHh8[[ed CO[8[8CtOrG The Contractor certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor is under suspension, debarment, voluntary 8XC|uSiOn or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 1254SOr12089' "Debarment and Suspension". The Contractor further certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor has any proceeding pending to suspend, debar, exclude or determine them ineligible from participation in federal assistance programs under Presidential Executive Order 12549or12O8S. The Contractor shall not make any award 8t any time k} any contractor that iS debarred, suspended, O[ excluded from participation iD federal assistance programs under Presidential Executive Order 12549, "Debarment and Suspension". The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this Contract have not been disbarred or suspended from federal contract participation. This may he done by checking the System for Award Management @t . which lists all suspended and debarred entities. C. Federal Procurement Requirements |f the Contractor iS8 municipal corporation Or8O Agency Vf the State 0f Washington, it agrees k} comply with procurement requirements specified iD24CFR8O5.3G(b) through (g). If the CVD[[8CiOr is 8 OOOp[0fi[ CO[pOr81iOD. it agrees to comply with procurement requirements specified iD24CFR§844O through 84.48,unless otherwise provided in the Project/Program Exhibit. The regulations 8t24CIFR885.36 (h) through /g\ and 24CFF\8G4.4O through 84.48 require that all goods and services, irrespective nf cost, be procured using 8 competitive process. D. Failure to Comply is Default Failure bv the Contractor tO require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VL ADDITIONAL REQUIREMENTS — CONFLICT OF INTEREST A. No Conflict of Interest The Contractor agrees k] abide bv the provision Of24CFF\884.42 and 570.811,if applicable, which include (but are not limited to) the following. The Contractor shall maintain 8 written code Or standards nf conduct that shall govern the performance Of its officers, employees O[ agents engaged iOthe award and administration Df contracts supported by federal funds under this Contract; City ufTukwila Page 5of8 2015-2016 Contract 582*592-Ex 11 2. ;jO employee, director, officer D[ agent Ofthe Contractor shall participate inthe S8|8CtiOD or in the Gvv8rd. or administration Of 8C0nt[OCt supported by federal funds if8 conflict Dfinterest, [88| Or apparent, would be involved. By way Of example, such @ conflict would arise if such 8 person, D[ his 0[ her employer, immediate family member or partner has financial O[ other interest in the entity selected; and 3. NO covered persons who exercise O[have exercised any functions O[ responsibilities with respect to {|[}BG'GGGiSted activities, or who are in @ position to participate in 3deCiSiDO-rn8kiDg p[OC8SS or gain inside iOfO[Dl8tiOn with regard to such activities, may have or obtain RfiDaOCiR| interest in any contract, subcontract or agreement regarding 8C[}BG-8SSiSt9d activity, either for themselves O[ those with whom they have business O[ immediate family ties, during their tenure or and one year thereafter. For purposes of this paragraph, "COv8/gd person" includes any person who iS@n employee, agent, consultant, officer, or elected di[HCtO[ of the Contractor Orthe County. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right tO[Oy8hv-f[ee. non-exclusive and irrevocable license 1O reproduce, publish O[ otherwise use and tO authorize others tO use, the work O[ materials for governmental VIII. ADDITIONAL REQUIREMENTS - POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Contractor certifies, k} the best Of its knowledge and belief, that OOFederal appropriated funds have been paid o[ will he paid, h«O[On behalf Ofthe Contractor, to any person for influencing O[ attempting tD influence 8O officer O[ employee Ofany agency, a member Of Congress, aD officer Or employee Of Congress, O[aDemployee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification Of any Federal contract, grant, loan, Or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, 8 member Uf Congress, 8D officer Or employee Of Congress, Or3Oemployee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. The Contractor shall require that the language Of this certification b8 included in the award documents for all sub-awards 8t all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is 8 prerequisite for making or entering into this transaction irnp0S8d by 31 USC 1352. Any person who fails tO file the required certification City ofTukwila Page sofn 2015-2016 Contract 5824592Exh11 shall b8 subject k}3 civil penalty Of not less than $1O.00O and not more than $1O0'000 for each such failure. ViW' ADDITIONAL REQUIREMENTS - EQUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP Disposition of Equipment |f the Contractor ceases k] use equipment purchased iD whole O[iO part with [|[)BG funds for the pU[DOSe described in this Contract, O[if the Contractor wishes tO dispose Ofsuch equipment, the disposition shall he determined under the provisions Of24CFRQ 570.5O2(b)/3)/vi\.if the Contractor iS8 nonprofit corporation and 24CFF{8570.5O2/a\ and 24 CFRGO5.32/8\J the Contractor iSG municipal corporation O[aO agency Of the State Of VV8ShiDgtOO. The CODi[8C1O[ 8g[e8S that it will contact the County for instructions prior to disposing of, surplusing, encumbering or transferring ownership of any equipment purchased in VVh0|8 or in part with federal funds. IX. SUPPLANTING A. Not-for-Profit Corporation |f the Contractor iG8 nonprofit corporation providing public (hUDl8n) services under this Contract with CDBG funds and the Contractor received non-federal funds from King County ("|OC8|fUDdS") D[ any other source to provide the same services @Sthose funded herein during the preceding calendar year, the Contractor must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation |f the Contractor iGR municipal corporation, any federal CDBG Funds made available under this Contract shall not b8 utilized h« the Contractor tO reduce O[ replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REQUIREMENTS A. Drug-Free Workplace Certification The Contractor certifies that it is in compliance with the Drug-Free Workplace Act of 198O(42 US[|7O1) and regulations set forth 8t24§ part 24' subpart F. B. Other Federal Requirements The 8hS0Dce Of mention in this Contract Of any other federal K}qUi[8DlHO1S which nnny to the award and/or expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements r8|81iDg to the expenditure of federal funds, including but not limited to: the Hatch Act /5 U8C Chapter 15\ regarding p0|iiiC@| activities. City ofTukwila Page 7ofn 2015-2016 Contract 58245e2exh11 X|. CONSTITUTIONAL PROHIBITION Funds Not Used for Fl8|igi0UG Purposes In 8CCOud8nc8 with the First /\DleOd08Di of the United States {|OOSLitUtiOn' Article 1' Section 11 Of the Washington State Constitution, and separation Of church and state principles, 8SG general rule, funds received under this Contract may not bB used for religious activities. The following restrictions and limitations apply tOthe use OfCOBGfunds: A. A Contractor may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the assistance funded under this [|OOt[8Ct. If the Contractor conducts [8|igiOUS activities, the activities OlUSt be offered separately, in time and |OCBdiDn, from the 8SSiStaOCO funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this CUDt[8Ct' the COOt[GCtO[ shall not diSChOniDGtg against @ prOgG3OO beneficiary Orprospective p[Og[8Ol beneficiary OO the basis Ofreligion or religious belief. City of Tukwila Page 8ofe 2015-2016 Contract 5e24592Exh11 EXHIBIT III CITY OF TUKWILA TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM (C15342) Contract No.: 5824592 Pro-ject No.: C15342-1125666 King County Project Manager: Randy Po lock Contact Person: Evelyn Boykan Start Date: December 1, 2015 -Agency Telephone: (206) 433-7180 End Date: October 31, 2016 Email: evie.boykan@tukwilawa.gov WORK STATEMENT The City of Tukwila (hereinafter referred to as "the Contractor") agrees to provide funds to repair the existing stock of homes owned by low- to moderate-income households in the South King County communities of Covington, Des Moines, SeaTac, and Tukwila, as described in this Exhibit beginning on December 1, 2015, and completing these services by October 31, 2016. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $130,000 in King County Community Development Block Grant (CDBG) funds. 11. PROGRAM DESCRIPTION The preservation of the housing of low- to moderate-income home owners through the provision of funds to repair the existing stock of homes owned by low- to moderate-income households. A. Indicators The number of unduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, SeaTac, and Tukwila. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the following 2014 United States Housing and Urban Development (HUD) Income Guidelines Table. Clients may self-certify in writing that their family income does not exceed the applicable limit. City of Tukwila Page 1 of 7 2015-2016 Contract 5824592 - Exh III 43 2015 HUD INCOME GUIDELINES Median Family Income = $89,600 Effective March 6, 2015 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOW-INCOME INCOME INCOME 1 $18,850 $31,400 $46,100 2 $21,550 $35,850 $52,650 3 $24,250 $40,350 $59,250 4 $26,900 $44,800 $65,800 5 $29,100 $48,400 $71,100 6 $32,570 $52,000 $76,350 7 $36,730 $55,600 $81,600 8 $40,890 $59,150 $86,900 City of Tukwila Page 1 of 7 2015-2016 Contract 5824592 - Exh III 43 2. The definition of family shall include all persons living in the same household who are related by birth, marriage Vradoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported On |DtHrn@| Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines tO the Contractor electronically Vr by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents Of Covington, Des Moines, Se8lF8C' and Tukwila. 5. Services shall be provided OO8first come, first served basis with safety and health issues prioritized. 8. Eligible clients must have lived iO their home for at least one year. C. Definitions Disabled person iS3n adult who has severe disabilities based Onthe Bureau of the Census definition. 2. Elderly person iSaD individual who i882 years Orolder. 3. Emergency repair iOdVd8S activities that p[o18Ct. repair or @[neEt the effects of disasters, imminent threats or physical deterioration that pose an iDlOOiOeOt danger to life, health or safety. 4. Routine maintenance includes activities that merely keep 8 structure iOgood operating condition; such activities dOnot add t0 the value Of the structure, appreciably prolong its useful life, nr adapt ittO new uses. 5. Unit nf service ie8 minor home repair, measured byunique job O[ repair hours that is undertaken ina client's home. D. Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low- and moderate-income hO[nenvvD8rS in the Cities of Covington, [}es Moines, 8e@TGc' and Tukwila. Funds eh@U be focused on maintaining the safety and health of the occupants, preserving the dwelling and/or conserving energy. These activities may include, but are not limited to: earthquake p[8p8redOe5S, replacing broken switches, SOch8tS. light fixtures, repairing heat oOurC8S. repairing gutters and dVvvOSpout8. replacing V[ repairing faucets, toilets, SiDkS' drains, b[OheO or leaky pipes and repairing minor roof leaks. City ofTukwila Page zofr 2015-2016 Contract n8u4un2-ExxIII The Contractor agrees to serve, at minimum, the following unduplicated number of units repaired with funds provided under this Exhibit: 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: Dec 2015 - Mar-May Jun-Aug Sep-Oct Total Feb 2016 2016 2016 2016 2015/ 2016 Minor Home Repair hours in 12 15 14 14 55 households in Tukwila Minor Home Repair hours in 15 15 15 13 58 households in SeaTac Minor Home Repair hours in 12 12 12 12 48 households in Des Moines Minor Home Repair hours in 10 15 15 12 52 households in Covington Cumulative Total for all 17 16 16 15 64 Cities 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: The funds provided under this Exhibit shall be used b] pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign 8Site Specific Environmental Review (ER) Checklist, hnOvvO 85 a Tie[ 3 review, for every individual job. before any work begins. This checklist allows Minor Home Repair (MHF|) staff to proceed with certain types of projects vvithOUL obtaining King County approval first, including projects involving DOaintenaOQe. emergency repairs, grab bars, or in pre-approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists U]the Housing and Community Development (HCD) Environmental Review City cxTukwila Page oofr 2015-2016 Contract 58o45S2-sxxIII Dec 2015 Mar-May Jun-Aug Sep-Oct Total -Feb 2016 2016 2016 2016 2015/2016 Minor Home Repair hours in 12 15 14 14 55 Tukwila Minor Home Repair hours in 15 15 15 13 58 SeaTac Minor Home Repair hours in 12 12 12 12 48 Des Moines Minor Home Repair hours in 10 15 15 12 52 Covington Cumulative Total for all 49 57 56 51 213 Cities The funds provided under this Exhibit shall be used b] pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign 8Site Specific Environmental Review (ER) Checklist, hnOvvO 85 a Tie[ 3 review, for every individual job. before any work begins. This checklist allows Minor Home Repair (MHF|) staff to proceed with certain types of projects vvithOUL obtaining King County approval first, including projects involving DOaintenaOQe. emergency repairs, grab bars, or in pre-approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists U]the Housing and Community Development (HCD) Environmental Review City cxTukwila Page oofr 2015-2016 Contract 58o45S2-sxxIII Specialist quarterly with invoice SUbnObt8i The Contractor shall keep photocopies OOfile. |f the &1HF7 staff checks "nU"tO all questions numbers 1-5OOgSite Specific ER Checklist, then K8HRstaff shall submit information listed on the Site Specific EF< Checklist tO the King County EF{ Specialist, and work Sh8|| not begin UOd| the ER Specialist notifies Contractor staff that an ER for that site (Tier 3) is complete. These reviews ahg|| be submitted along with 8t least one picture of the project houge. d. The K4HR staff shall provide the HC[> ER Specialist information concerning the following [egU|3ƒiUOS for Tier 3 reviews, as determined in the Tier 1, Five-Year Programmatic EfY (published Dec. 2010): Section 108: Historic Preservation and Archaeology; ii . Toxic Ch8DiC@|S; and iii. Flood disaster Protection Act (flood insurance). 4� Lead-Based Paint (LBP) Requirements a. The Contractor shall complete the HC[] Supplementary Lead Based Paint Checklist for all repairs OO houses built prior tO1978 and submit copies to HCO Project Manager with Quarterly Billing |OVDiDe Package as outlined in Section III.B. of this Exhibit. b. The Contractor shall procure a neutral third party lead based paint certified contractor hired specifically tO assess LBPthreshold determinations (with the exception Of those re-occurring activities that have been pre-determined to not disturb p@int\. The sub-contractor(s) shall not complete the LBP work OD homes they have assessed and shall refer his/her determinations back b}the Contractor to coordinate all LBP housing repairs and clearance through King County HCD Staff. The Contractor shall monitor job completion and LBPclearance of housing units per Housing Repair LBP standards as set forth in the Minor Home Repair Program Lead Based Paint Requirements and |f8 project nep8irare8iSOve[d8DliniOluS8Odh8sChi|dneOVOde[the age of six residing in the hVUSe' and is Over $5,000 in repair value, the project shall be referred to King County Housing Repair Program by MHR Staff for assessment and completion. In these instances, if the City makes the referral and desires to continue funding the repair as 8 Argnt, it will be responsible for all additional costs associated with addressing the repairs and the LBP. The Housing Repair Program will bill the MHR Program for the project in an amount adequate to cover all costs associated with the repair and LBP activity. If the MHR Pr0Q[8rD runs out of funds City ofTukwila Page 4c«7 2015-2016 Contract o824seo'ExxIII available for grant transfer referrals, the referrals will be assessed for the traditional non-amortizing loan program through the COOSOrtiUnl'S Housing Repair PR]g[aOo' if desired by the c|i8OL through normal channels Of intake, and general HRPprocess. The estimated HC[} cost 8S9OC@ted with LBP review, testing, determination and clearance has been determined tObeOoless than $500 to cover associated travel and HRP staff time, but will be itemized per project, Multiple tests might be necessary to complete clearance Of@project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead-Based Paint Poisoning P[eV8OtiOO in Certain Residential Structures aU24 Code of Federal Regulations /CFR\ Part 35. Such records shall include, for each housing unit assisted under this i Records evidencing that the housing repair was exempt pursuant tV 24CFR Part 35.115;O[ ii Records evidencing that the scope Of the housing repair work did not exceed the derOiOiOlUg criteria @t24CFF| Part 35.135O(d) and that the Contractor provided the required pamphlet b} the occupants of the housing unit pursuant tO24CFR Part 35.S1O(b); or iii. Records evidencing that the housing repair work was completed iO accordance with the procedures specified in24{|FR Part 35' Subpart J including provision Of required notices, and performance of evaluation and clearances. 5. Subcontracted Services 8. |O addition hJ the requirements Of Section XV|.Of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts tO provide services (hereinafter "Implementing Agenoy") and shall incorporate into such subcontracts the provisions in Section ||.D.. PnJgngnn ReqUireDlentS, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices Uf the Implementing Agency Or for costs paid by the Contractor for goods, materials or services already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include a copy Of the Implementing Agency's invoice with its invoice submitted t0 the County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with Office of Management and Budget 2 Code Of Federal Regulations /CFR\23O (formerly OMB Circular A-122) Or 2 CFR 225 (formerly OMB Circular A-87), as C. The Contractor shall monitor all subcontracted services OD8regular basis to assure contract compliance. Results of monitoring efforts shall City ofTukwila Page oof7 2o15-zo1s Contract sa24oSu Exhm be summarized iO written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 8. Copyright If this Contract results in any copyrightable material, King County reserves the right to rOya|tV-free. DDOeXC|USiVe and irrevocable license to reproduce, publish or otherwise use and tOauthorize others tO use, the work for governmental purposes. Public |OforD8LiOO All marketing Dl3t8ha|s. OevVG releases and other public OodC8S related to projects funded under this Agreement shall include information identifying the source 0f funds asthe King County Community Development Block Grant Program. U|- COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount Of reimbursement pursuant tO this Exhibit shall not exceed $130,000. C[}B(SFunds King County CDBG Funds -South Sub-Region $130,000 B-15-LIC-53-0001 Total CDBG Funds: $130,000 2. Line Item Budget Environmental Review and Lead Based Paint Reviews (KC Cost Set-Aside) $ 4,000 Capital Outlay (Construction Contracts) $124,000 Personnel (provide detail below) and Project Management $ 2,000 Sub-Total (Less ER Cost) $126,000 Total CDBG Funds: $130,000 3. Personnel Detail Personnel Detail Position FTE CDBG Funds Permit Specialist / Business License 40 $2,000 B. 2UUiDg Invoice Package The Contractor shall submit Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section |V.. REPORTING REQUIREMENTS, nf this Exhibit iD3 format approved bythe County. All required reports shall accompany the invoice statement iO order tD receive payment. City ofTukwila Page sofr 2015-2016 Contract 58z4os2'exhIll 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed byaO authorized representative of the Contractor and shall be accompanied by copies 0f supporting documents. 3. The Billing |OVniC8 P8okoo8 is due within 20 VVOd<inQ days after the end of each quarter. 4. The final 2015 voucher shall be submitted no later than November 15, 2016. C. Method ofPayment The County shall reimburse the Contractor oD8 quarterly basis for actual expenditures in accordance with the Line Item Budget in Section III.A. 2. Payment tO the Contractor may be withheld for any quarter iD which the Contractor has not submitted the reports specified in Section |V.. F<EP(}F<T|NG QE{}U|FlEW1ENTG' of this Exhibit, or in which said reports are incomplete. 3. The Contractor shall advise the County quarterly Vf any changes inrevenues from sources other than the County that are used tn provide the services funded under this Exhibit. The Contractor agrees to re-negotiate performance requirements if the County determines that such changes are substantial. [V. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in afDrD8t and to an address provided by the County. A. The Contractor shall submit a completed Environmental Review Form to the King County Environmental Review Specialist quarterly, and place a photocopy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice a completed Project Activity Report Fo[r0' in a fVDD5k provided by the County. Each Project Activity Report shall include a narrative with @n explanation if actual services are less than 9O percent Ofthe cumulative DliDinnVnn service requirements as Stated in Section ||. D.1. of this Exhibit. C. The Contractor shall use the following methods to measure the indicator specified in Section II.D.1. of this Exhibit: Number of units completed. D. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. City ofTukwila Page 7of7 2015-2016 Contract 5024592 exom 50 City Council Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes Jonuory25, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Rachel Bianchi, Jack Pace, Tracy Gallaway, Laurel Humphrey CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA There was consensus to consider the 2016 Legislative Agenda as the first item of business. A. Resolution: Adopting the 2016 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2016 Washington State Legislative Session. The draft agenda includes items in the categories of Transportation & Infrastructure, Shared Revenue, Revenue Reform, Public Records, Human Services Funding, and Education. The Committee supported the inclusion of education - related priorities that would provide support to local school districts in their efforts. Councilmember Hougardy distributed copies of the South County Area Transportation Board (SCATBd) legislative priorities, and the committee agreed that these had compatibility with the City's proposed priorities. UNANIMOUS APPROVAL. FORWARD TO JANUARY 25, 2016 COMMITTEE OF THE WHOLE. B. Contract: Community Development Block Grant (CDBG) Funds for 2015 -2016 Minor Home Repair Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $130,000 in CDBG funds for the 2015 -2016 Minor Home Repair Program. This program is administered by the Office of Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. In 2015, 20 households in Tukwila were served with 93 hours of housing repair. The Committee requested written responses to the following questions: 1. How are funds allocated among the cities? Is there a formula? 2. Does the allocation include compensation for Tukwila's administration of the program? 3. Has the late invoicing /reimbursement always gone smoothly? 4. Is there data to show how many requests are turned down? 51 Community Affairs and Parks Committee Minutes ............................................................... ............................... January 25, 2016 5. What is the average turn - around time for project completion? 6. Does the table of HUD income guidelines (page 21) include or exclude tax exempt sources of income? 7. Does Human Services have discretionary ability to prioritize need? 8. Based upon previous years, what is the estimated need in Tukwila (dollar amount and number of applications)? Chair Quinn also requested a program overview by Human Services Staff at a future Committee meeting. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA WITH RESPONSES TO COMMITTEE QUESTIONS. III. MISCELLANEOUS Teens Staff provided an update on an effort to send students from Teens for Tukwila to the NLC Congressional City Conference this March. Councilmembers Duffie, Seal, and Quinn attended a Teens for Tukwila meeting to promote the opportunity, which resulted in a strong level of interest from the members. Should every member of the group be able to attend, the rough cost estimate is $13,350 includingchaperones. Several potential funding sources have been identified including the Council travel budget, contributions from the Mayor, a World Vision grant, and others. Committee members discussed the proposal and were supportive of the opportunity and of contributing Council travel dollars. Chair Quinn will address this at the Committee of the Whole to learn if there is consensus from the entire Council to continue moving forward. The Committee agreed that this should be treated as a pilot program that will be evaluated before there is commitment to repeating in the future. Work Plan Staff distributed copies of a preliminary work plan for the Committee. This item will be added for discussion at a future meeting. The Community Affairs and Parks Committee Meeting adjourned at 6:13 p.m. Next meeting: Monday, February 8, 2016 �� Committee Chair Approval Minutes by LH 52 bliliali - ------------------------------- -- I ITEM No. jVleefiq Dale Prepared /7y I 1V1ao,,, avjhl� ("611116-Il rel)ien, 02/01/16 BG [:] 1ieLrohllion A f1g 1)ale ❑ Ordinance A lt Dwe , ❑ Bid,,,Jnvard 'Al/ hate ❑ Public I Jeariq All 0,11e [:] 01her Af/n Dale SPONSOR EI ("Ouncil 0 ma))or El 1.11. EJ 06'0 [:] Vilyance E] fire E] IT ]V R E] Police M PV SPONSOR'S The City of Tukwila's 6300 Building was constructed in the early 1980's and PVC pipe was SUMMARY used for the water service. The PVC water service has broken in five different locations and a full replacement of the water line is now recommended. Green River Construction submitted the low quote of $41,555.25 and they have done satisfactory work in the past. Council is being asked to approve the contract with Green River Construction for the 6300 Building Water Replacement Project for $41,555.25. RrIvii,M11]) BY Fj cow Nitg. ❑ CA&P ('111te ❑ F&S Cnite R.1'ransportation Cinte [;I LJ611tics Cmte R.Arts CoMill. [:] Parks Comm. [:] Planning Comm. DATE: 01/26/15 CMI N111 —IT"F cI mm: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/AlAHN. Public Works Department COMMI]T' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE FA1TNm,r(,,iu,, AmOUNT BUDGETED APPROPRIATION REQUIRED $41,555.25 $200,000.00 $ Fund Source: 303 FUND Comm,ents.- I RECORD OF COUNCIL ACTION 02/01/16 ITEM INFORMATION 3. F. 53 Sj,()Nsoi2: BOB GIBERSON ORIGINALAG1,ADA DATI,': 02/01/16 A(;kNDA 1TkN1 IT11F, 6300 Building Water Service Replacement Project Construction Contract with Green River Construction )m, ❑ Alig Dale M jwofion 11tg Oale 02101116 [:] 1ieLrohllion A f1g 1)ale ❑ Ordinance A lt Dwe , ❑ Bid,,,Jnvard 'Al/ hate ❑ Public I Jeariq All 0,11e [:] 01her Af/n Dale SPONSOR EI ("Ouncil 0 ma))or El 1.11. EJ 06'0 [:] Vilyance E] fire E] IT ]V R E] Police M PV SPONSOR'S The City of Tukwila's 6300 Building was constructed in the early 1980's and PVC pipe was SUMMARY used for the water service. The PVC water service has broken in five different locations and a full replacement of the water line is now recommended. Green River Construction submitted the low quote of $41,555.25 and they have done satisfactory work in the past. Council is being asked to approve the contract with Green River Construction for the 6300 Building Water Replacement Project for $41,555.25. RrIvii,M11]) BY Fj cow Nitg. ❑ CA&P ('111te ❑ F&S Cnite R.1'ransportation Cinte [;I LJ611tics Cmte R.Arts CoMill. [:] Parks Comm. [:] Planning Comm. DATE: 01/26/15 CMI N111 —IT"F cI mm: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/AlAHN. Public Works Department COMMI]T' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE FA1TNm,r(,,iu,, AmOUNT BUDGETED APPROPRIATION REQUIRED $41,555.25 $200,000.00 $ Fund Source: 303 FUND Comm,ents.- MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Informational Memorandum dated 01/25/16 (revised to include contigency) Short Form Contract with Green River Construction Minutes from the Utilities Committee meeting of 01/26/16 53 54 City of Tukwila Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Utilities Committee FROM: Bob Giberson, Public Works Director,f BY: Mike Cusick, PE, Senior Program Manager DATE: January 25, 2016 (Revised before 1126116 UC meeting) SUBJECT: 6300 Building Water Service Replacement Project Project No. 91630302 Construction Contract ISSUE Approve construction contract for the 6300 Building Water Service Replacement Project. Allan Ekberg, Mayor BACKGROUND Tukwila's 6300 Building was constructed in the early 1980's' and PVC pipe was used for the water service between the water meter and building in the steep asphalt driveway from Southcenter Blvd. The PVC water service has broken in five different locations and the repair costs for the last two water service repairs were $11,639.03. The water service line is leaking again. The reason for the breaks in the service pipe is due to the deterioration of the pipe and the joints. ANALYSIS With the current facilities plan, the City will occupy the 6300 Building until at least 2021. For that length of time and the current deteriorating condition of the water pipe, total replacement of the 6300 Building water service is recommended, FISCAL IMPACT The City requested quotes from five contractors for the water service replacement between the water meter on Southcenter Blvd and the 6300 Building. Two of the five contractors returned quotes to the City. The low quote of $41,555.25 was from Green River Construction Company and the second highest quote of $48,727.50 was from R.L. Alia Company. Both firms have done satisfactory work for the City in the past. Contract Budget Green River Construction $41,555.25 $200,000.00 Contingency 20% 8,311.05 Total 49 866.30 $200,000.00 The $41,555.25 required for the 6300 Building Water Service Replacement Project would be funded from the $200,000 budgeted in the 303 Fund. We also have a 20% contingency on the project for $8,311.05, which is the allowable expense that the Mayor will be able to approve for any change orders to the construction contract. 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 approve the contract with Green River Construction Company for the 6300 Building Water Service Replacement Project for $41,555.25 and consider this item on the Consent Agenda at the February 1, 2016 Regular Meeting, Attachment: Short Form Contract W1PW EngTROJECTSIA- BG Projects16300 Building Water Replacement (g1630302)0fo Memo Water Service 6300 Building 01 -25-16 gl.docx 55 56 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: Green River Construction Project No. 91630302 Address: 6402 South 144th, Suit #1 Tukwila, WA 98168 Budget Item: 303.98.594.180.65.00 Telephone: 206 246 9856 Project Name: 6300 Building Water Service Replacement Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this day of 20, by and between the City of Tukwila, hereinafter referred to as "City ", and Green River Construction, hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: 1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. TIME OF COMPLETION. The work shall be commenced on and be completed no later than 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $41,555.25, except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the proj ect. CA revised 2012 Page 1 57 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. The contract includes this Agreement, Scope of Work and Payment Exhibit. ' The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. ' The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. S. MATERIALS, APPLIANCES AND EMPLOYEES. ' Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11. ACCESS TO WORK. The Contractor shall pen-nit and facilitate observation of the work by the City and its agents and public authorities at all times. 12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 13. CORRECTION OF WORK. The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of tune, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' CA revised 2012 Page 2 l+Z written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised 2012 Page 3 59 2" POLY WATER SERVICE TO THE 6300 BUILDING January 5, 2016 EXHIBIT A SCOPE OF WORK: 1. CALL FOR UITILITY LOCATES 48 HOURS PRIOR TO BEGINNING THE EXCAVATION (Call 811). 2. PROVIDE EROSION CONTROL FOR THE PROJECT AREA, INCLUDING THE INSTALLATION OF FILTER SOCKS IN THE CATCH BASINS (ULTRA -DRAIN GUARD OR APPROVED EQUAL). 3. POTHOLE AT THE POINT OF CONNECTION TO THE BUILDING PRIOR TO THE INSTALLATION OF THE 2" POLY LINE TO DETERMINE THE REQUIRED TYPE OF FITTINGS FOR THE CONNECTION AT THE BUILDING. THIS TASK CAN BE DONE ON WEEKDAYS. 4. THE CONTRACTOR SHALL PROVIDE SHORING TO PROTECT THE EXISTING DRIVEWAY DURING THE INSTALLATION OF THE WATER SERVICE LINE PER SECTION 7- 083.(1)B STANDARD SPECIFICATIONS.THE COST OF THE SHORING SHALL BE INCLUDED IN THE QUOTE TO THE CITY. 5. PROVIDE TRAFFIC CONTROL AND DETOUR SIGNAGE PLAN PER THE CURRENT MUTCD. 6. SAW CUT THE EXISTING PAVEMENT. THE ESTIMATED LENGTH OF SAW CUTTING IS 700 FEET 7. EXCAVATE FOR THE INSTALLATION OF 2" CLASS 200 HIGH MOLECULAR POLYTHYLENE PIPE. ASPHALT PAVEMENT AND SOIL REMOVED FROM THE TRENCH SHALL NOT BE REUSED AND BE TRUCKED OFF SITE. 8. THE CONI KACTOK SHALL PROVIDE AND INSTALL 325 FEET +/- OF 2" CLASS 200 HIGH MOLECULAR POLYTHYLENE PIPE. THE WATER SERVICE LINE SHALL HAVE A MINIMUM OF 36' OF COVER. THE MINIMUM LENGTH OF SECTIONS OF PIPE SHALL BE 150 FEET. 9. THE CONTRACTOR SHALL PROVIDE AND INSTALL LEAD FREE MUELLER 110 CTS O.D. PE PLASTIC TUBE FITTINGS AT THE WATER METER AND THE CONNECTION TO THE BUILDING. 10. THE CONTRACTOR SHALL PROVIDE AND INSTALL 325 +/- OF 1.5 INCH SCHEDULE 40 CONDUIT. THE CONDUIT SHALL HAVE A MINIMUM 24" OF COVER AND BE INSTALLED BY AN ELECTRICAL CONTRACTOR. 11. THE ELECTRICAL CONTRACTOR SHALL OBTAIN THE REQUIRED PERMITS. THE CONTRACTOR SHALL INCLUDE THE COST OF THE OFF HOURS ELECTRICAL INSPECTOR IN THEIR COSTS. 12. THE 1.5 INCH CONDUIT SHALL BE STUBBED OUT AND CAPPED AT THE WATER METER AND BUILDING. 13. THE TRENCH SHALL BE BACK FILLED WITH 5/8" CRUSHED ROCK AND BE COMPACTED PER SECTION 2- 03.3(14) OF STANDARD SPECIFICATIONS. 14. THE APHALT REPAIR SHALL BE 3" OF HMA CL. PG 64 -22. THE PAVEMENT REPAIR SHALL MATCH EXISTING PAVEMENT AND THE JOINTS SHALL BE HOT TAR SEALED. 15. THE INSTALLATION OF THE WATER SERVICE CAN BE DONE ONLY ON SATURDAY OR SUNDAY. THE WATER SERVICE TO THE BUILDING CANNOT BE OFF DURING WEEKDAYS. 16. THE PAVEMENT REPAIR CAN BE DONE ON WEEKDAYS. 17. If CHANGES IN CONDITIONS ARE FOUND DURING CONSTRUCTION, THE CHANGES WILL BE ADDRESSED BY FORCE ACCOUNT PER THE 2014 STANDARD SPECIFICATIONS. ALL WORK SHALL BE DONE SHALL BE IN ACCORDANCE WITH 2014 STANDARD SPECIFICATIONS AND CITY OF TUKWILA INFRASTRUCTURE DESIGN AND CONSTRUCTION STANDARDS ,• 1 PROPOSAL January 4, 2016 EXHIBIT B 6300 Buildinq Water Service Replacement THIS IS A PREVAILING WAGE JOB Replacement of 2" Water Service Line to the 6300 Building Description Quantity Units Unit Price Cost The installation of 325 feet of 2" Dia. Class 200 High Molecular Polyethylene Pipe. 1 EACH $ 3 % c,e $ 3 7�4 6C` Trench Protection 1 EACH $ 6j do, C) V $ Tax 9.5% $ 3 ,� Total $ 4 Z - Company Name: Contact Name: Address: Telephone: C?1itlN 2 / ___ e'' ,IjL./ LAN`mil r'jL' 1 /blj -SA U i k 1 �0 eN 'i"o so ;io K I I I- 1A) _Z'b6) 246- PROPOSAL DUE BY 5:00 P.M JANUARY 7,201 Please return to: Mike Cusick, P.E. City of Tukwila Public Works Department 6300 Southcenter Blvd., Suite 100 Tukwila, WA 198188 61 W Michael Cusick From: Michael Cusick Sent: Tuesday, January 05, 2016 1:31 PM To: David Pankiewicz (dpank @rlalia.com); Bob ( bobm @greenriverconstruction.com); MIKE TERRY (brikeexcavating @comcast.net) Cc: Henry Ancira Subject: FW: Quote for Work Near Tukwila City Hall The trench will require a "T Patch" and the water line and conduit can be in the same trench. Please contact me if you have any questions. Thanks MPC From: David Pankiewicz [mailto:dpankCcirlalia.coml Sent: Tuesday, January 05, 2016 9:48 AM To: Michael Cusick Cc: 'Gary Pankiewicz'; Henry Ancira Subject: RE: Quote for Work Near Tukwila City Hall Hi Mike, Rick wants to know: 1) Are you requiring a t -cut on the trench for the water service? 2) Is the 1.5" conduit and 2" water service going in the same trench? Please let me know. Thanks, David From: Michael Cusick [ mailto: Michael.CusickCa)TukwilaWA.govl Sent: Monday, January 04, 2016 3:38 PM To: 'Gary Pankiewicz'; Henry Ancira Cc: DPank(s-IRkAlia.com Subject: RE: Quote for Work Near Tukwila City Hall Gary, Thank you for the quote for the water service installation. I will have to you a scope of work for the project tomorrow morning so the that the other contractor can bid on the same scope of work. MPC From: Gary Pankiewicz [mailto:gjpank(&rlalia.com] Sent: Monday, January 04, 2016 3:28 PM 63 M., Utilities Committee Minutes ................................................................................................... ............................... January 25, 2016 C. Contract: 6300 Building Water Service Replacement Staff is seeking Council approval of a contract with Green River Construction Company in the amount of $41,555.25 for construction of the 6300 Building Water Service Replacement Project. This project will construct a full replacement of the water service line to the 6300 Building, as the service has broken in five different locations and is now leaking again. Under the current facilities plan, the building will be occupied until at least 2021. The City requested quotes from five contractors, and of two returned, Green River returned the low quote. Funds are available from the 303 Fund, including a 20% contingency. Chair Hougardy noted that updated staff memos should be presented in strikeout /underline so changes are more easily identifiable. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA. III. MISCELLANEOUS Committee Work Plan Staff distributed a preliminary Committee work plan and briefly reviewed each item. Chair Hougardy brought up the idea of scheduling facility tours during normal business hours while also accommodating the work schedules of Councilmembers Kruller and McLeod. Mondays and Fridays will be good options and will be scheduled as needed. Resident Concerns Councilmember Kruller shared a recent comment she has heard regarding narrow roadway along Southcenter Boulevard under Sound Transit's light rail line. The roadway improvements were constructed by Sound Transit and included bike lanes, which narrows available roadway for vehicles. Councilmember Kruller also passed on a complaint regarding the reduction of left turn options due to the street improvements on Andover Park West. The roadway improvements, constructed in compliance with federal safety standards, provide greater control over traffic and have resulted in fewer accidents. The Utilities Committee Meeting adjourned at 6:24 p.m. Next meeting: Tuesday, February 9, 2016 Committee ChairApproval Minutes by LH, reviewed by GL 65 M. ------------------- - - - - -1 nificah- ----------------------- Inifiells ----------------------- __ --------- I ITEM No. Yvfeelir Dale J)repared 6y 111 Mayor's review ell" Council review 02/01/16 BG.,,ffj ❑ Re.olulio.,i Al/ Dale ® Ordinance Al g Dale 02101116 ❑ Bid.,Jxard All Oa/c, ❑ Public Heelrl"ng Al/g Date ❑ 0/her Aff� Owe SPONSOR ❑ (,ouncil ❑ Aluyor ❑ I IR. ❑ DC 1) Uilyaiice E] F1're ❑ 11' ❑ Ry_~R ❑ Police Z P1 V' .......... SPONSOR'S Level 3 Communications, LLC, a multinational telecommunications company, provides high capacity interexchange transport to telecommunications common carriers, including data transmission, and linkage to long distance carriers. Council is being asked to approve the new ordinance for the franchise agreement that will allow Level 3 Communications to operate in the City's right-of-way and facilitate construction of future fiber optic projects. F1 COW Nitg. ❑ CA&P Caite [:] F&S Cnite ElTratisportafion Crrne Z Utilities Crilte R I\rts Comm. F-1 Parks Cotnin. 0 Planning (1,101ni'll. DAT1: 01/26/16 COMWITEECHY-UR: KATHYHOUGARDY ItECOMMENDXf IONS: SPONS()it /Ai).\tIN. Public Works Department :F Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE I X 1) 1 ?N 1) I'll i R I,, R I,, (,) i i I R r1i) AMOUNT BUDGFTED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments.- I k 9: 4 Lyi I I'kl 1; to] N iTA E N LOU 3.G. 67 \I �F SP( )NS( )it: BOB GIBERSON A(; I :N DA DXI , F ITFAITITH," Ordinance Granting a Non-Exclusive Franchise Agreement with Level 3 Communications, LLC F-1 Oisclisfion kg D"110 1:1 Molion Aflg Dale ❑ Re.olulio.,i Al/ Dale ® Ordinance Al g Dale 02101116 ❑ Bid.,Jxard All Oa/c, ❑ Public Heelrl"ng Al/g Date ❑ 0/her Aff� Owe SPONSOR ❑ (,ouncil ❑ Aluyor ❑ I IR. ❑ DC 1) Uilyaiice E] F1're ❑ 11' ❑ Ry_~R ❑ Police Z P1 V' .......... SPONSOR'S Level 3 Communications, LLC, a multinational telecommunications company, provides high capacity interexchange transport to telecommunications common carriers, including data transmission, and linkage to long distance carriers. Council is being asked to approve the new ordinance for the franchise agreement that will allow Level 3 Communications to operate in the City's right-of-way and facilitate construction of future fiber optic projects. F1 COW Nitg. ❑ CA&P Caite [:] F&S Cnite ElTratisportafion Crrne Z Utilities Crilte R I\rts Comm. F-1 Parks Cotnin. 0 Planning (1,101ni'll. DAT1: 01/26/16 COMWITEECHY-UR: KATHYHOUGARDY ItECOMMENDXf IONS: SPONS()it /Ai).\tIN. Public Works Department :F Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE I X 1) 1 ?N 1) I'll i R I,, R I,, (,) i i I R r1i) AMOUNT BUDGFTED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Informational Memorandum dated 01/22/16 Draft Ordinance with Exhibits Minutes from the Utilities Committee meeting of 01/26/16 67 W.* City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Utilities Committee FROM: Bob Giberson, Public Works Director BY: Frank Iriarte, Deputy Public Works Director DATE: January 22, 2016 SUBJECT: Level 3 Communication LLC Ordinance Approving Franchise Agreement ISSUE Approve Ordinance for Level 3 Communications, LLC (Level 3) Franchise Agreement, BACKGROUND The Tukwila Municipal Code requires all utilities using the City's right -of -way to have a non - exclusive franchise. Level 3 Communications, LLC is a multinational telecommunications company that provides high capacity interexchange transport to telecommunications common carriers, including data transmission, linkage to long distance carriers and other integrated telecommunications services. Level 3 serves customers in more than 500 markets, spanning three continents and more than 60 countries. It operates more than 350 data centers throughout North America (including three in Seattle), Latin America, and Europe. DISCUSSION In Tukwila, Level 3's long -haul fiber optic infrastructure passes through the City along the Burlington Northern Santa Fe (BNSF) and the Union Pacific (UP) rights of way. Through the acquisition of several telecommunications companies including Williams/Wiltel Communications and Time Warner Telecommunications LLC, Level 3 operates a metro network that services Tukwila commercial customers and other customers in the Puget Sound area. Level 3's fiber optic network is depicted in Exhibit A, Fiber Optic System Description and Project Map. The attached Franchise Agreement would allow Level 3 to continue operating and maintaining their fiber optic system in the City's right -of -way. FINANCIAL IMPACT Under the terms of the Franchise, Level 3 will be required to pay the City a $5,000 administrative fee within 30 days of franchise approval. RECOMMENDATION Council is being asked to approve the Ordinance allowing Level 3 Franchise Agreement and consider this item on the Consent Agenda at the February 01, 2016 Regular Meeting. Attachment: Draft Franchise Ordinance with Exhibits A & B WAPW Eng1PROJECTSTranchise0fo Memo Level 3 Franchise Ordinance 01 -22 -16 gl.docx •e J 70 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON- EXCLUSIVE FRANCHISE TO LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING ORDINANCE NO. 2061; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Level 3 Communications, LLC, hereinafter referred to as "Level 3," is a telecommunications company that, among other things, provides high capacity interexchange transport to telecommunications common carriers, including data transmission, linkage to long distance carriers and other telecommunications services to customers in the Puget Sound region; and WHEREAS, Level 3'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 a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system 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 bome 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 installation, operation and maintenance of a fiber optic system and transmission of communications; W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14 -16 Fl:bjs Page 1 of 11 71 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY' OF,, TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non- exclusive Franchise Granted. A. The City hereby grants to Level 3, subject to the conditions prescribed in this ordinance ( "Franchise Agreement'), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City -owned rights -of -way, generally described in Exhibit A attached hereto, and hereinafter referred to as the "Franchise Area." B. The foregoing franchise rights and authority ( "Franchise ") shall not be deemed to be exclusive to Level 3 and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this Franchise has been granted to Level 3; provided, that such other franchises do not unreasonably interfere with Level 3's exercise of franchise rights granted herein as determined by the City in its sole discretion. 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 such area in any way. C. This Franchise Agreement merely authorizes Level 3 to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to Level 3. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of five years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and Level 3 shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this Agreement. If Level 3 requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to Level 3 prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of Level 3 to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. W: Word Processing\Ordinances\Level 3 franchise agreement 1 -14 -16 Fl:bjs Page 2 of 11 72 Section 5. Construction Provisions and Standards. The following-,provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non - compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. 1. Permit Required. No construction, maintenance or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, Level 3 shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila's Public Works Department. 2. Coordination. All capital construction projects performed by Level 3 within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. 3. Construction Standards. Any construction, installation, maintenance and restoration activities performed by or for Level 3 within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. 4. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Public Works Director. 5. Relocation. a. The City shall have the right to require Level 3 to alter, adjust, relocate, or protect in place its facilities within the public right -of -way when reasonably necessary for construction, alteration, repair, or improvement of any portion of public property or public rights -of -way for purposes of public welfare, health, or safety ( "Public Improvements "). Such Public Improvements include, by way of example but not limitation, public rights -of -way construction; public rights -of -way repair (including resurfacing or widening); change of public rights -of -way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, communication lines, or any other type of government -owned communications, utility or public transportation systems, public work, public facility, or improvement of any government -owned utility; public rights -of -way vacation, and the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. In the event the City requires Level 3 to relocate its facilities, the City shall provide Level 3 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 Level 3 shall meet at a time and location determined by the City to discuss the project requirements including critical W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14 -16 Page 3 of 11 Fl:bjs 73 .J timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. The City shall notify Level 3 as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. Except in case of emergency such notice shall be no less than 90 days. b. To ensure timely execution of relocation requirements, Level 3 shall, upon written request from the City, provide at Level 3's expense, base maps, current as -built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. c. Level 3 may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise Level 3 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, Level 3 shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Level 3 full and fair consideration. In the event the City, in its sole discretion, decides not to accept the alternatives suggested by Level 3, Level 3 shall relocate its facilities as otherwise specified in Section 5, subparagraph 5. d. Upon final approval of the relocation plan by the City, Level 3 shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. In the event relocation is required by reason of construction by a third party, non - governmental entity —for the sole benefit of the third party, non - governmental entity —then Level 3's relocation costs shall be borne by the third party. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from Level 3's facilities, Level 3 shall, upon notification from the City, respond within 24 hours to resolve the conflict. f. Level 3 acknowledges and understands that any delay by Level 3 in performing the work to alter, adjust, relocate, or protect in place its facilities within the public rights -of -way may delay, hinder, or interfere with the work performed by the City and its contractors and subcontractors in furtherance of construction, alteration, repair, or improvement of the public rights -of -way, and result in damage to the City, including but not limited to, delay claims. Level 3 shall cooperate with the City and its contractors and subcontractors to coordinate such relocation work to accommodate the public improvement project and project schedules to avoid delay, hindrance of, or interference with such project. W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14 -16 Page 4 of 11 Fl:bjs 74 J g. Should Level 3 fail to alter, adjust, protect in place or .relocate any facilities ordered by the City to be altered, adjusted, protected in place, or relocated, within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may, to the extent the City may lawfully do so, cause such work to be done and bill the reasonable cost of the work to Level 3, including all reasonable costs and expenses incurred by the City due to Level 3's delay. In such event, the City shall not be liable for any damage to any portion of Level 3's system. In addition to any other indemnity set forth in this Franchise Agreement, Level 3 will indemnify, hold harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improverpent construction projects caused by or arising out of the failure of Level 3 to adjust, modify, protect in place, or relocate its facilities in a timely manner; provided that, Level 3 shall not be responsible for damages due to delays caused by the City. 6. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities, Level 3 shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by Level 3 shall be abandoned without the express written consent of the City. 7. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Level 3 shall, upon the request of the City, furnish a bond executed by Level 3 and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Level 3's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by Level 3 in the City rights -of -way. At Level 3's sole option, Level 3 may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that Level 3 shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective Level 3 work or,materials discovered in the City's roads, streets or property. 8. "One -Call" Location and Liability. Level 3 shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to Level 3's system components or for interruptions in service to Level 3 customers which are a direct result of work performed for any City project for which Level 3 has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the Level 3 system components or for interruptions in service to Level 3 customers resulting from work performed under a permit issued by the City. W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14 -16 Fl:bjs Page 5 of 11 75 9. As -Built Plans Required. Level 3 shall maintain accurate - +engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current AutoCAD version prior to close -out of any permits issued by the City and any work undertaken by Level 3 pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. 10. Recovery of Costs. Level 3 shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Level 3 shall pay such reasonable costs and expenses directly to the City. 11. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30- days written notice to Level 3, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to Level 3 by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by Level 3 to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice. If Level 3 has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period. B. Emergency Actions. 1. If any of Level 3's actions under this Franchise Agreement, or any failure by Level 3 to act to correct a situation caused by Level 3, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Level 3 to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Level 3 and give Level 3 an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. Level 3 shall be liable for all reasonable costs, expenses and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Level 3 and shall further be liable for all reasonable costs, expenses and damages resulting to the City W: Word Processing \Ordinances\Level 3 franchise agreement 1 -14 -16 Fl:bjs Page 6 of 11 76 from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by Level 3 to take appropriate action to correct a situation caused by Level 3 and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during construction or maintenance of Level 3's facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health or property, Level 3 or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of Level 3's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, Level 3 shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow Level 3 to abandon its facilities in place. Section 7. Insurance. A. Level 3 shall maintain liability insurance written on a per- occurrence basis during the full term of this Franchise Agreement for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name as additional insured the City, its officers and employees; shall apply as primary insurance; shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder; and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without Grantee giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require Level 3 to acquire additional insurance. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve Level 3 from any obligation to obtain approvals or necessary permits from applicable federal, state and City authorities for all activities in the Franchise Area. W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14-16 Fl:6js Page 7 of 11 77 Section 9. Transfer of Ownership. 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, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in Level 3's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from Level 3 to another person or entity controlling, controlled by, or under common control with Level 3. Level 3 may license fibers to other users without the consent of the City provided that Level 3 remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise which requires the approval of the City, Level 3 shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. 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. Any reasonable administrative costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. Level 3 does hereby warrant that its operations, as authorized under this Franchise Agreement, are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. B. Level 3 shall be subject to a one -time $5,000 administrative fee for reimbursement of costs associated with the preparation, processing and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment and supplies associated with such tasks as plan review, site visits, meetings, negotiations and other functions critical to proper management and oversight of City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after notice of franchise approval. C. The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law. D. In the event Level 3 submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, Level 3 shall reimburse the City for franchise W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14 -16 Fl:bjs W. Page 8of11 amendments and expenses associated with the project. Level 3 shal� pay,such costs within 60 days of receipt of a bill from the City. E. Failure by Level 3 to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or Level 3 shall be delivered to the following addresses respectively: City of Tukwila Office of thQ City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 Email: TukwilaCityClerkr a�tukwilawa.gov Phone: 206 - 433 -1800 Level 3 Communications, LLC ATTN: NIS ROW 1025 Eldorado Boulevard Broomfield, CO 80021 With a copy to: Level 3 Communications, LLC ATTN: General Counsel 1025 Eldorado Boulevard Broomfield, CO 80021 Section 12. Indemnification. A. Level 3 shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation and maintenance of its structures and facilities within the Franchise Area. Level 3 shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of Level 3, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Level 3 by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to Level 3's obligation pursuant to this section, the City shall within a reasonable time notify Level 3 thereof and Level 3 shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to Level 3's obligation pursuant to this section, the City shall promptly notify Level 3 thereof, and Level 3 shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, Level 3 may, at its election and at its sole cost and expense, settle or W: Word Processing \Ordinances \Level 3 franchise agreement 1 -1416 Fl:bjs Page 9 of 11 79 J compromise such suit or action. This section shall not be construed to require Level 3 to: 1. protect and save the City harmless from any claims, actions or damages; 2. settle or compromise any claim, demand, suit or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between Level 3 and the City, Level 3's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, arid authority granted by or exercised pursuant to this Franchise Agreement when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Level 3 expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of Level 3's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by Level 3, to enforce the remaining provisions of the ordinance, Level 3 shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders and ordinances. Accordingly, any provision of this agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this Agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. Level 3 shall not by this Franchise W: Word Processing \OrdinancesM -evel 3 franchise agreement 1 -14 -16 Fi:bjs Page 10 of 11 i c Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations and Specifications. Level 3 acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Level 3, shall thereafter govern Level 3's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect Level 3's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to Level 3 and other similar user of such facilities. Section 17. Repealer. Ordinance 2061 is hereby repealed. Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 19. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: Attachments: Exhibit A — Fiber Optic System Description Exhibit A -1 — Level 3 Project Route Map Exhibit B — Franchise Agreement Acceptance Form W: Word Processing \Ordinances \Level 3 franchise agreement 1 -14 -16 Fi :bjs Page 11 of 11 i m Level 3 Communications, LLC Fiber Optic System Description The Level 3 Long -haul Network passes through the City of Tukwila along: (1) BNSF ROW and local streets north of South Norfolk Street going into Seattle; (2) along local streets and the UP ROW to the south of South Norfolk Street going towards Olympia, WA. The Level 3 Metro Network in Tukwila starts at the manhole located on Airport Way South in Seattle and crosses into Tukwila on South Norfolk Street. From this point, it heads west along South Norfolk Street to the intersection of South Norfolk Street and East Marginal Way where it ties into the Metro Network. From the intersection of South Norfolk Street and East Marginal Way, the Network proceeds south along East Marginal Way. At the intersection of East Marginal Way and Boeing Access Road, the Network transitions to SR 99/Tukwila International Boulevard. In addition to the existing Network above, Level 3 built a conduit system from Zayo's manhole at the intersection of Interurban Avenue South and Southwest Grady Way to the Level 3 manhole located at Southwest Grady Way and Longacres Drive Southwest. Level 3 acquired the Williams/Wiltel Communications fiber optic network in Tukwila. That network goes from the northern City limit at East Marginal Way to the intersection of SR 99/Tukwila International Boulevard and continues to the southern City limit. Level 3 also purchased the Time Warner Telecom network in Tukwila that includes (1) a fiber optic system that runs along Interurban Avenue South. On Interurban Avenue South, the network continues east to Boeing Access Road and heads north on Airport Way South into Seattle; and (2) a fiber optic system located on East Marginal Way from Interurban Avenue South to South 133rd Street. This system continues east on South 133rd Street to Interurban Avenue South. Through the acquisition of the Time Warner Telecom network, Level 3 now has a system that serves customers in Tukwila's Commercial District. The system starts from a vault on Interurban Avenue South and Family Fun Center Way and heads to Southcenter Boulevard. On the north side, attached to the bridge portion of Southcenter Boulevard, the system heads to the Christiansen Trail on the west side of the Duwamish River, then heads south to the intersection of Tukwila Parkway and the Christiansen Trail. The system continues westerly on the south side of Tukwila Parkway to the intersection of Andover Park West and Tukwila Parkway. From the west side of Andover Park West, the system heads south to Corporate Drive North. At this location, the system heads back north across Corporate Drive North then west on the north side of Corporate Drive North and terminates into a telecommunications vault. NK o W: \PW Eng \GIS \Projects \Frank \Fiber 0ptics \Leve13 \LeveI3Fiber.mxd Date: 01/19/16 By: R. Linsao City of Tukwila Exhibit A Level 3 Fiber Optic Network if Not to Scale W. Level 3 Communications, LLC Franchise Agreement Acceptance Form Date: City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Ordinance No. , adopted on Dear City Clerk: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance "), Level 3 Communications, LLC, hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name Title cc: Frank Iriarte, Deputy Public Works Director, City of Tukwila .. Mlej UTILITIES COMMITTEE Meeting Minutes • . f 1 • City Council Utilities Committee Jonuory26, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Kathy Hougardy, Chair; Kate Kruller, Thomas McLeod Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Ryan Larson, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Ordinance: Level Communications Franchise Agreement Staff is seeking Council approval of an ordinance approving a Franchise Agreement with Level 3 Communications, LLC to allow the continued operation and maintenance of a fiber optic system in the City's right of way. This is a non - exclusive agreement with a five year term, and includes a $5,000 administrative fee due to the City within 30 days of approval. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA B. Consultant Selection: 2016 Small Drainage Program Staff is seeking Council approval of a consultant agreement with KPG, Inc. in the amount of $68,743.01 for design of the 2016 Annual Small Drainage Program. The following six design projects are proposed for possible construction this year: 1. South 162nd Street and 47th Avenue South 2. Strander Boulevard Sidewalk 3. South 150th Street Creek Outfall 4. 58th Avenue South, 14423 to 14455 5. Gilliam Creek Control Structure Access Improvement 6. Gilliam Creek Outfall Access Imp./ Fall Protection The total project budget includes $80,000 for design. APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA. :• •i COUNCIL AGENDA SYNOPSIS ---------- ----- -..._._----- --- - - - - -1 nili ells Meeting Dale Prepred /r , 4, Mayors revi en) C'ouncil review 02/01/16 BGt,�j "XV1111k ttel N LT� IF-1,1109'Ll ITEM No. 3.H. 91 STAFF SPONSOR: BOB GIBERSON ()R1(;1NAL AG&NDA DATF.: 02/01/16 A(,1,"NDA ITFINITITLE, 2016 Annual Small Drainage Program Design Consultant Agreement with KPG, Inc. (',\,rv(;()R), ❑ J)iscusj-ion Dah, Alolion A 1��) Owe 02101116_. ❑ 1�ej,olulion Af�g Oate [:] Ordinance Alts Pate ❑ Bid Award Al/ Dale ❑ Public I lee.,irii(g A f/g 1),//(, ❑ Olher Af�g Dale . ..... . Sl)()N,SoIk 0 Alaym E] 00) [:] I 'inallce 0 Vire E] IT 0 IV7 Police Z -)Ir/ SN)NSOR'S This contract is for design of the 2016 Annual Small Drainage Program. Three consultant firms were short-listed from the MRSC Consultant Works Roster and KPG was chosen as the most qualified. Six sites were compiled throughout the City for small drainage improvements. Council is being asked to approve the design contract with KPG for $68,743.01. ,Mte ❑ ('MVNtg- ❑ CA&P 011te ❑ FMS C ❑Transportation Ctrite Z tTfilities Cmte ❑ Arts 0-mim, ❑ Parks (,onirn. ❑ Nanning Cotrini. D-ATE: 01/26/16 IAIR: KATHY HOUGARDY RECOTWMENDATIONS: SPONISM/ADMIN, Public Works Department COM M"""' d Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE f,"X111,1NDITURE Rl 11R[1:1) AMOUNT BUDC&I"ED APPROPRIATION REQUIRED $68,743.01 $80,000.00 $0.00 Fund Source: 412 SURFACE WATER (PG 82, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 02/01/16 MTG. DATE ATTACHMENTS 02/01/16 Informational Memorandum dated 01/22/16 Location Map Page 82, 2015 CIP Qualification Review Consultant Agreement, Scope of Work, and Fee Minutes from the Utilities Committee meeting of 1/22/16 91 City of Tukwila Allan Ekberg, Mayor TO: Mayor Ekberg Utilities Committee f FROM: Bob Giberson, Public Works Director -aq BY: Ryan Larson, Senior Program Manager DATE: January 22, 2016 SUBJECT: 2016 Annual Small Drainage Program Project No. 91641201 Consultant Selection and Agreement ISSUE Approve KPG, Inc. to design the 2016 Annual Small Drainage Program. BACKGROUND The Annual Small Drainage Program repairs and installs needed surface water infrastructure that is identified through maintenance activities as well as citizen complaints. For the 2016 Annual Small Drainage Program, we are proposing the design of six projects for possible construction in 2016. DISCUSSION Public Works staff reviewed the list of known system deficiencies and compiled a list of six projects for design in 2016. The six projects selected are: 1. S. 162nd Street and 47th Ave. S. (Complete Design) 4. 58th Avenue South, 14423 to 14455 2. Strander Boulevard Sidewalk (in front of Target) 5. Gilliam Creek Control Structure Access Imp. 3. S 150th St Creek Outfall 6. Gilliam Creek Outfall Access Imp. /Fall Protection The current MRSC Consultant Roster was reviewed and three firms were short- listed to design the selected six projects. The firms were: KPG, Inc., David Evans and Associates, and PACE. The Summary of Qualifications was evaluated for each firm and KPG, Inc. was selected as the firm that best met the requirements. KPG has designed the Annual Small Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG is knowledgeable of City requirements, remains flexible to design changes, and continues to complete designs within the contracted time and amount. FINANCIAL IMPACT It is recommended that KPG, Inc. design the 2016 Annual Small Drainage Program for a fee of $68,743.01.The 2016 Annual Small Drainage Program budget is $685,000 including $80,000 for design. RECOMMENDATION Council is being asked to approve this design consultant agreement with KPG, Inc. in the amount of $68,743.01 for the 2016 Annual Small Drainage Program and consider this item on the Consent Agenda at the February 1, 2016 Regular Meeting. Attachments: Location Map 2015 CIP, Page 82 Qualification Review Consultant Agreement 1ltukdata2k121PW Common$1PW Eng1PROJECTSIA- DR ProjectslAnnual Small Drainage Programs12016 SDP ( 91541201)IDesignlInfoMemoDesign 2016 SDP 01 -22 -16 gl .doc 93 b 95 l -J W. CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Annual Small Drainage Program Project No. varies DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing /ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar COMMENT: years. Budget for 2014 includes $270k for Thorndyke Safe Routes to School (S 150th St). Grants from State Municipal Stormwater Capacity Grants. FINANCIAL Through Estimated tin snnn'cl 2n13 2n1A 2n15 2n1R 2n17 MR 2n19 2n2n RFYOND TOTAL EXPENSES Design 60 80 80 80 80 80 80 80 620 Land(R/W) 0 Const. Mgmt. 70 80 80 80 80 80 80 80 630 Construction 279 270 325 525 525 525 525 525 525 4,024 TOTAL EXPENSES 409 270 485 685 685 685 685 685 685 5,274 FUND SOURCES Awarded Grant 50 50 100 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 409 220 485 635 685 685 685 685 685 5,174 TOTAL SOURCES 409 270 485 685 685 685 685 685 685 5,274 Project Location: ' Entire System 2015 - 2020 Capital Improvement Program Et;+ GIS 97 2016 Small Drainage - Qualification Review (1= Top Choice, 2 = Second Choice, 3 = Third Choice) / 411 OAP /q/P61 Relevant Project Experience 1 3 2 Experience with HPA/Creek Work 1 2 Small Scale Projects 2 2 Ability to keep project on schedule and within Budget 1 2 2 Project Team Availability of Key Team Members 2 1 1 Knowledge of City , Plan Process, Drainage System 1 2 2 TOTALS (Lowest Total Score is best) 7 12 10 Firm Rank (1 - 3, Lowest = Best) 3 2 W: \PW Eng \PROJECTS\A- DR Projects\Annual Small Drainage Programs\2016 SDP (91541201) \Design \Proposal Rating 2016.xlsx City of Tukwila Contract Number: �e 6200 Southcenter Boulevard, Tukwila WA 98188 f CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and KPG, Inc., hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. i'ro'ect Designation. The Consultant is retained by the City to perform engineering services in connection with the project titled `2016 Small Drainage Program'. 2. Seoye of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 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 "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $68,743.01 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. .. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1 -2013 100 1. Automobile f irtbli� insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual Liability coverage. Page 2 2. Commercial G treral 1 i ability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial. General Liability insurance policy with respect to the work performed for the City. 3. Workers' Conipensatioii coverage as required by the Industrial Insurance laws of the State of Washington. 4. 11roles:siowd Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VU. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. CA revised : 1 -2013 Page 3 101 10. ( "ovenant Against Conthwent. Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 102 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG 753 91h Avenue North Seattle, WA 98109 18. Entire Agireement. • Modil'ication. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. C) DATED this day of CITY OF TUKWILA Mayor, Allan Ekberg Attest/Authenticated: City Clerk, Christy O'Flaherty CA revised : 1-2013 2016. CONSULTANT BY: ------- Printed Narne:Nelsori Davis, KPG Title: Principal Approved as to Form: Office of the City Attorney Page 5 103 EXHIBIT A City of Tukwila 2016 Small Drainage Program Scope of Work January 1.4, 2016 PROJECT DESCRIPTION The Consultant shall prepare final Plans, Specifications and Estimates for the 2016 Small Drainage Program. The project will include the following sites: Site 1: Trail #11 at S 162 "' Street and 47`x' Avenue S Install new storm drain system far 47r' Avenue S from Trail #11 to tie into the existing system in S 160'x' Street. Project was designed as part of'the 2015 Small Drainage Program but there were insufficient funds for construction. Site 2: Strander Boulevard Sidewalk, neat, Target Store Install drainage, pipe and catch basins to get water in low spot to Strander Boulevard drainage system. Site 3: S 150`►' Street Creek Outfall Install new Type 2 catch basin and ovetfljow cone grate. This site may require can HPA. Site 4: 58`h Avenue South, 14423 to 14455 Remove 200' of sidewalk and install new drainage system, underdrains, and yard drain connections. The Consultant shall prepare final Plans, Specifications, and Estimates for the following maintenance access and safety projects. These projects will be incorporated into the Bid Documents for the 2016 Small Drainage Program. Site 5: Gilliam Creek Control Structure Access Improvements Install a platform and stairs from parking pad to bottom on south side of'structure to improve maintenance access and safety. This site will require and HPA. Site 6: Gilliam Creek Outfall Access Improvements Install railing, stairs, platform, and ladder to improve access and safety to flap gate apron. This site may require an HPA. The Consultant shall provide necessary surveying, project design, quantity and cost estimates, and utility coordination required to complete final bid documents. it is anticipated that sites will be bid as a single bid package for the 2016 Small Drainage Program as budget or other considerations allow. The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created from field measurements, ortho - photography, and GIS data as necessary for each site. If necessary, City of Tukwila KPG, Inc. 2016 Small Drainage Program Page 1 of 5 January 2016 104 surveyed base maps will include right -of -way line work based on available public records. Project horizontal and vertical datum will be assumed on all sites. The Consultant shall provide assistance to the City with preparation of a SEPA checklist and HPA application where required. A building permit will be acquired for the access and safety projects if required. No additional permits are anticipated. It is the Consultants understanding that none of the 2016 Small Drainage Program sites require biological assessments, additional permits beyond those listed, wetland delineations, geotechnical review, detention facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with no special studies or extensive coordination. All work will be completed within City rights of way or easements and no easement acquisition is anticipated. For the 2016 Small Drainage Program, the Consultant shall submit a 50% Review Submittal (plans and estimate only), and a 90% Review Submittal that includes plan, specifications and estimate to the City for review prior to bidding. SCOPE OF WORK TASK 1 — 2016 Small Drainage Program Design 1.1 MANAGEMENT /COORDINATION /ADMINISTRATION • The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (4) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QA /QC reviews by senior in -house staff of all deliverables prior to submittal to the City. 1.2 TOPOGRAPHIC SURVEY /UTILITY LOCATES • The Consultant shall prepare base maps for each 2016 Small Drainage Program sites. Topographic survey will be performed for all sites including horizontal utility locations within the right of way. 1.3 PREPARE PLANS • The Consultant shall prepare final Plans for the proposed improvements including the following: o Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. City of Tukwila KPG, Inc. 2016 Small Drainage Program Page 2 of 5 January 2016 105 o It is assumed there will be six (6) plan sheets at 1 " =20' scale full size (22" X 34 "), 1 " =40' at reduced scale (1 l" X 17 "). o Details will be prepared for iterns not available as standard details from the City, State, or WSDOT standard drawings. • The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, proposed invert elevations, rim elevations and required construction materials. • Drainage designs will be determined through consultation with City staff and from previous experience rather than detailed basin modeling. 1.4 2016 SMALL DRAINAGE PROGRAM FINAL DESIGN • The Consultant shall conduct QA /QC and constructability reviews in the field for each site and consult with City staff during the field reviews. • The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for each review submittal and the Bid Documents. • The Consultant shall prepare the Contract Specification per 2016 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents • The Consultant shall distribute 50% and 90% review submittals to franchise utility owners to identify potential conflicts within the Project limits. • The Consultant shall assist the City with Project Advertisement and Award. • Assumptions o No federal funding is anticipated for the Project engineering or construction. o No utility upgrades are anticipated in the project design. o Drainage & Water Quality Reports will not be required. o Geotechnical Engineering services will not be required. o Environmental Documentation will not be required. o Potholing of existing underground utilities will not be required. • Deliverables o 50 %v review submittal with Plans and Estimate o 90 %v review submittal with Plans, Specifications, and Estimate. o Bid Documents and Engineer's Estimate o 6 sets of Plans (11" X 17 ") and specifications provided for each review submittal. o 10 sets of Plans (11" X 17 ") and specifications for the Bid Documents. o Coordinate upload of Plans and Specifications to Builders Exchange. City of Tukwila KPG, Inc. 2016 Small Drainage Program Page 3 of 5 January 2016 106 TASK 2 — 2016 Small Drainage Program Permitting 2.1 Site Survey — prepare topographic base maps along the route of access improvements for sites 5 and 6. 2.2 Preliminary Design — Perform site review and prepare alternative sketches for review and comment by the City. The selected alternative for each site will be developed to final bid documents. 2.3 90 % Design and building permits — The Consultant shall develop the selected alternative to the 90% design level and prepare and submit building permit application. Specifications will be shown on the plan sheets and reference WSDOT specifications as applicable. It is anticipated that detailed fabrication shop drawings will be provided by the contractor and may be required for final building permit approval. 2.4 Based on City and Building Official comments, prepare final plans and estimate for bid documents. • Assumptions • No wetland or stream delineations will be required. • No special studies (biological assessments, etc.) will be required. • Any fees for City Building Permit will be paid by the City. • Deliverables • Building Permit Application and supporting documents • Plan and estimate submittals as part of the Task 1 Small Drainage Program TASK 3 — 2016 . Small Drainage Program Permitting 3.1 The Consultant shall prepare a SEPA checklist for submittal to the City covering all sites included in the 2016 Small Drainage Program. 3.2 The Consultant shall meet in the field with a representative from WDFW and prepare a JARPA for HPA approval on Sites 3, 5 and 6. • Assumptions • SEPA signage, fees, and internal coordination will be by the City. • No wetland or stream delineations will be required. • No special studies (biological assessments, etc.) will be required. • The $ 150 processing fee for the JARPA application will be paid by the Consultant and reimbursed by the City through the invoice process. • Deliverables • SEPA Checklist • JARPA Application City of Tukwila 2016 Small Drainage Program Page 4 of 5 KPG, Inc. January 2016 107 Additional Services The City of Tukwila may require other services of the consultant. These services could include additional design, right of way, utility potholing, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila KPG, Inc. 2016 Small Drainage Program Page 5 of 5 January 2016 1: HOUR AND FEE ESTIMATE Project: City of Tukwila 2016 Small Drainage Program EXHIBIT B P'G ♦ Architecture • Landscape Architecture ¢ Civil Engineering Labor Hour Estimate To Fee Task Description Task 1 - 2016 Small Drainage Program Design 1.1 Management /Coordination/Administration 1.2 Topographic Survey Topographic Survey and Base Map prep 1.3 Prepare Plans Trail #11 (Completed in 2015) Strander Boulevard S 150th Street 58th Avenue S 1.4 2016 Small Drainage Program Field Reviews Utility coordination Quantity and Cost Estimating Prepare Specifications Finalize Bid Documents Reimbursable - Mileage Reimbursable - Reproduction Reimbursable - Utility Locate Service Task1 Total Project Senior Project Design CAD Const Survey Senior Office Manager Engineer Engineer Engineer Technician Inspector Crew Admin Admin $ 170.98 S 132.60 $ 115,36 $ 99.45 $ 86.18 $ 102.04 $ 139.96 S 112.71 $ 79.55 Fee 4 0 0 0 0 0 0 0 4 $ 1,002.14 O 2 8 16 0 0 24 0 0 S 6,138.20 O 0 0 0 0 0 0 0 0 $ 2 4 8 0 4 0 0 0 0 $ 2,139.94 2 0 0 0 4 0 0 0 0 $ 686.69 2 4 8 4 8 0 0 0 0 $ 2,882.45 0 2 4 4 0 0 0 0 0 $ 1,124.41 0 0 4 0 4 0 0 0 2 $ 965.26 2 4 8 4 4 0 0 0 0 $ 2,537.73 2 4 16 8 0 0 0 0 8 $ 4,150.07 O 0 8 4 8 0 0 0 4 $ 2,328.31 $ 200.00 $ 500.00 S 1,500.00 14 20 64 40 32 0 24 0 18 S 26,155.22 Task 2 - Maintenance Access Improvement Sites 2.1 Site Survey 0 2.2 Preliminary Design Altematives 1 2.3 90% Design and Building Permits 1 2.4 Finalize Bid Documents 2 Reimbursable - Mileage Reimbursable - Reproduction Reimbursable - CivilTech Structural Design and Calculations 4 8 10 0 16 0 4 0 0 2 8 8 0 4 40 4 0 0 0 0 10 0 0 0 0 0 0 0 O $ 2,852.83 0 $ 2,040.55 O $ 6,535.32 O $ 2.012.64 $ 100.00 $ 200.00 $ 25,000,00 ask 1 otal 4 4 8 18 48 0 0 0 0 38,741.35 Task 3 - 2016 Small Drainage Program Permitting 3.1 Prepare SEPA checklist 3,2 Prepare JARPA Reimbursable - HPA application fee Task 2 Total 2 0 8 0 2 0 8 0 4 0 4 0 0 0 0 4 16 0 0 4 5 1,927.77 2 $ 1,768.67 S 150.00 S 3,846.44 Total Estimated Fee: $ 68,743.01 1/15/2016 110 UTILITIES COMMITTEE Meeting Minutes • . f 1 • City Council Utilities Committee Jonuory26, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Kathy Hougardy, Chair; Kate Kruller, Thomas McLeod Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Mike Cusick, Ryan Larson, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Ordinance: Level Communications Franchise Agreement Staff is seeking Council approval of an ordinance approving a Franchise Agreement with Level 3 Communications, LLC to allow the continued operation and maintenance of a fiber optic system in the City's right of way. This is a non - exclusive agreement with a five year term, and includes a $5,000 administrative fee due to the City within 30 days of approval. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA B. Consultant Selection: 2016 Small Drainage Program Staff is seeking Council approval of a consultant agreement with KPG, Inc. in the amount of $68,743.01 for design of the 2016 Annual Small Drainage Program. The following six design projects are proposed for possible construction this year: 1. South 162nd Street and 47th Avenue South 2. Strander Boulevard Sidewalk 3. South 150th Street Creek Outfall 4. 58th Avenue South, 14423 to 14455 5. Gilliam Creek Control Structure Access Improvement 6. Gilliam Creek Outfall Access Imp./ Fall Protection The total project budget includes $80,000 for design. APPROVAL. FORWARD TO FEBRUARY 1, 2016 REGULAR CONSENT AGENDA. 111 112 COUNCIL AGENDA SYNOPSIS ---- - - - - -- Initials Meeliq Dale Prepared b y Mayors review (rpi,54V ruie)v 12/14/15 LH ❑ R6ej'olulion MI ,g Dale Z Ordinance Aftg Date 211116 01/25/16 L H E101ber Af g Date SPONSOR Z Countil ❑ Mayor ❑ /IR ❑ DCD ❑ finance [:] fire ❑ IT ❑ P&RE] Jloficv ❑ 111V 02/01/16 L H RECOMMENDATIONS: SPONSoiZ /Ai)mlN. Forward to C.O.W. CONIMITIT"F1 Unanimous Approval; Forward to C.O.W. as amended COST IMPACT / FUND SOURCE ExPF.NDF1'U1Z1;. Rj;'(�uim,"D AMOUN'r BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 12/14/15 ITEM INFORMATION WIM WTI 7STA F] ` SPONS()iZ: LAUREL HUMPHREY ORR ',INAL 12/14/15 AGHINDA An ordinance updating parking regulations in Tukwila. Cxr1"(-'o1Zy Z Dhrmssion Mtg Dale 1129116 ❑ Motion Dale ❑ R6ej'olulion MI ,g Dale Z Ordinance Aftg Date 211116 ❑ Bid .Idward Mg Dale ❑ .Public flearil,�g Al g Dale E101ber Af g Date SPONSOR Z Countil ❑ Mayor ❑ /IR ❑ DCD ❑ finance [:] fire ❑ IT ❑ P&RE] Jloficv ❑ 111V SPONSOR'S This draft ordinance proposes to re-enact Tukwila Municipal Code Chapter 9.20, Parking su�m \Ity Regulations, and amends certain other sections accordingly. General parking regulations, such as the 72 hour time limit on City streets, the requirement to clear 5 feet at driveways, and the need to leave at least 10 feet of roadway width are left intact. Significant changes between current code and the proposed ordinance are summarized in the attached memo. 13y [-1 cow mtg. Z CA&P Cmte ❑ F&S Cmte E]Transportation Cmte F-1 Utilities Crntc F—] Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/12, 11/9, 11/23 (oNiNa'rrF,'l.,' C1 IAIR: SEAL RECOMMENDATIONS: SPONSoiZ /Ai)mlN. Forward to C.O.W. CONIMITIT"F1 Unanimous Approval; Forward to C.O.W. as amended COST IMPACT / FUND SOURCE ExPF.NDF1'U1Z1;. Rj;'(�uim,"D AMOUN'r BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 12/14/15 Forward to January Committee of the Whole meeting 1/25/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 12/14/15 Informational Memorandum dated 10/29/15 1/25/16 Chart of vehicle types by weight class Draft ordinance Minutes from the CAP Committee meeting of 10/12/15, 11/9/15, and 11/23/15 2/1/16 Ordinance in strike-through underline format showing changes from 1/25/16 C.O.W._ 113 114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1975, 1810 AND 1794 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 9.20 AND 9.28; AMENDING VARIOUS ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 8.28.070, 9.28.037 AND 9.32.020; AND REENACTING TUKWILA MUNICIPAL CODE CHAPTER 9.20, TO UPDATE REGULATIONS REGARDING PARKING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1810 was passed September 2, 1997, to update commercial vehicle parking regulations in the City of Tukwila; and WHEREAS, the current regulations regarding parking of commercial vehicles, recreational vehicles, and large vehicles have proven to be difficult to enforce; and WHEREAS, consolidating code language in a single location in the Tukwila Municipal Code will facilitate enforcement of these regulations; and WHEREAS, the City Council desires to update and clarify parking regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 1975, as codified in Tukwila Municipal Code Chapter 9.20, is hereby repealed. Section 2. Repealer. Ordinance No. 1810 is hereby repealed, thereby eliminating Tukwila Municipal Code Section 9.28.020, "Commercial vehicles in residential areas." Section 3. Repealer. Ordinance No. 1794 §1 (part), as codified at Tukwila Municipal Code Section 9.28.020, is hereby repealed. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs Page 1 of 12 115 Section 4. TMC Chapter 9.20 Reenacted. Tukwila Municipal Code (TMC) Chapter 9.20, "Parking Regulations," is hereby reenacted to include the following: CHAPTER 9.20 PARKING REGULATIONS Sections: 9.20.010 Definitions 9.20.020 Alley – Driveway entrance 9.20.030 Parking on municipal property 9.20.040 Parking for maintenance purposes prohibited 9.20.050 Parking over time limits on City streets and highways prohibited 9.20.060 General parking regulations 9.20.070 Parking large vehicles, trailers and recreational vehicles on City streets 9.20.080 Parking Class 3 and Class 4 vehicles in residential zones 9.20.090 Recreational vehicle and trailer parking in residential zones 9.20.100 Unsafe parking 9.20.110 Controls— enforcement 9.20.120 Penalties and impound procedures Section 5. A new TMC Section 9.20.010 is hereby established to read as follows: 9.20.010 Definitions As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. "Class 1 Vehicle" means vehicles with a gross vehicle weight rating of 6,000 pounds or less as indicated in official state records. See Figure 9 -2. 2. "Class 2 Vehicle" means vehicles with a gross vehicle weight rating of 6,001 pounds to 10,000 pounds as indicated in official state records. See Figure 9 -2. 3. "Class 3 Vehicle" means vehicles with a gross vehicle weight rating of 10,001 pounds to 14,000 pounds as indicated in official state records. See Figure 9 -2. 4. "Class 4 Vehicle" means vehicles with a gross vehicle weight rating of 14,001 pounds to 16,000 pounds as indicated in official state records. See Figure 9 -2. 5. "Class 5 Vehicle" means vehicles with a gross vehicle weight rating of 16,001 pounds to 19,500 pounds as indicated in official state records. See Figure 9 -2. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs Page 2 of 12 116 6. "Class 6 Vehicle" means vehicles with a gross vehicle weight rating of 19,501 pounds to 26,000 pounds as indicated in official state records. See Figure 9 -2. 7. "Class 7 Vehicle" means vehicles with a gross vehicle weight rating of 26,001 pounds to 33,000 pounds as indicated in official state records. See Figure 9 -2. 8. "Class 8 Vehicle" means vehicles with a gross vehicle weight rating of 33,001 pounds or more as indicated in official state records. See Figure 9 -2. 9. "Pick -up Truck" means a motor vehicle designed, used or maintained for carrying, pulling or transporting property, typically with an enclosed cab and an open bed and low sides and a tailgate, and may be used with or without a canopy covering the bed. 10. "Recreational Vehicle" means travel trailer, motorhome, fifth -wheel trailer, or similar vehicles used for temporary accommodations while traveling. "Recreational vehicles" also includes boats, personal watercraft, snowmobiles and the like. 11. "Trailer' means every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle, constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, whether attached or unattached to a motor vehicle, including, but not limited to semitrailers and pole trailers. "Small trailer" is defined as any trailer with a gross vehicle weight rating of less than 16,000 pounds as indicated in official state records. Section 6. TMC Section 9.20.020 is reenacted to read as follows: 9.20.020 Alley — Driveway entrance No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than eight feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. Section 7. TMC Section 9.20.030 is reenacted to read as follows: 9.20.030 Parking on municipal property A. Generally. No person shall stop, stand or park a vehicle in any garage, parking area or other property operated by the City, where signs prohibit or restrict such stopping, standing or parking without lawful authority or permission. Any motor vehicle so stopped, standing or parked on municipal property for a period of 6 hours or more without authority or permission is a nuisance. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc Page 3 of 12 AMS:bjs 117 B. Municipal Parks and Trails. No person shall stand, stop or park a vehicle in any municipal park or trail areas except in areas designated for such purposes. No person shall stand, stop or park any vehicle in a parking stall designated for a municipal park or trail area for a period of time exceeding the maximum amount of time permitted as posted or, if a time limit is not posted, for a period of time exceeding 6 hours, without lawful permission or authority. Section 8. TMC Section 9.20.040 is reenacted to read as follows: 9.20.040 Parking for maintenance purposes prohibited No person shall park a vehicle upon any roadway for the principal purpose of maintenance or repairing such vehicle except for repairs necessitated by emergency. Section 9. TMC Section 9.20.050 is reenacted to read as follows: 9.20.050 Parking over time limits on City streets and highways prohibited A. Generally. No person shall stop, park, leave standing, or store any vehicle, whether attended or unattended, on any street or highway within the City for more than 72 hours. Provided, however, that any such vehicle stopped, parked, stored or left unattended on any street or highway within the City without a valid registration plate will be subject to immediate issuance of a notice of infraction without regard to the length of time the vehicle has been stopped, parked, stored or left unattended. B. Restricted Parking. Any street with a sign denoting limited hours for parking shall be restricted for general street parking. The street or area shall be marked by a sign clearly indicating limited hours for parking. C. Residential Parking Permits. Residents who can prove their residence is on a street with limited parking hours can apply for a residential parking permit at Tukwila City Hall. Residents may park in one spot, including on a street with a sign denoting limited hours for parking, for no longer than 72 hours, and shall follow all other applicable laws for parking on City streets. Section 10. TMC Section 9.20.060 is reenacted to read as follows: 9.20.060 General parking regulations A. Except where necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a law enforcement officer, no person shall stop, stand or park a vehicle: 1. In front of a public or private driveway or within 5 feet of the end of the radius leading thereto. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs Page 4 of 12 118 2. In a place that restricts vehicular access to mailboxes. 3. In any place where official signs prohibit parking. 4. In such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular and emergency traffic. 5. When signs are displayed giving notice thereof, on one or both sides of a street where parking is prohibited. 6. On cul -de -sacs when such action reduces the radius of the cul -de -sac to less than 35 feet. B. It is unlawful for any person to alter or remove a mark placed upon a vehicle by a law enforcement officer to monitor and enforce the parking time limits in this chapter when the alteration or removal is intended to extend the period of parking time authorized. C. Reparking the vehicle in the same block to avoid a time limit regulation is a violation of this chapter. Section 11. A new TMC Section 9.20.070 is hereby established to read as follows: 9.20.070 Parking large vehicles, trailers and recreational vehicles on City streets A. Application. This section shall apply to any vehicle Class 5 or greater, trailers and recreational vehicles. B. Except as provided for in this section, no person shall park any vehicle Class 5 or greater, trailer or recreational vehicle on any street, alley or public right -of -way in the City. C. Exceptions. The parking prohibitions outlined in this section do not apply to the following: 1. Stopping or parking while in the process of actively loading or unloading provided that vision and traffic flow are not obstructed. 2. Stopping or parking while actively engaged in a construction or utility project, or while actively engaged in business with a property owner or tenant in the immediate vicinity. 3. Stopping or parking school buses for a period of three hours during the days and hours when students are in school or during school - related special events, provided that vision and traffic flow are not obstructed. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs Page 5 of 12 119 4. Stopping or parking recreational vehicles and small trailers in residential areas as regulated by TMC Section 9.20.090. 5. Stopping or parking authorized emergency vehicles. Section 12. A new TMC Section 9.20.080 is hereby established to read as follows: 9.20.080 Parking Class 3 and Class 4 vehicles in residential zones A. Application. This section shall apply to Class 3 vehicles and Class 4 vehicles. B. No person shall park any vehicle subject to this section on or along any street, alley or public right -of -way in a residential zoning district of the City; provided that this restriction shall not apply to pick -up trucks falling within the Class 3 vehicle rating. C. As used in this section, a street, alley or public right -of -way in a residential zoning district of the City shall be as defined and described in TMC Chapter 18.08, including the Low Density Residential (LDR) zone, the Medium Density Residential (MDR) zone, and the High Density Residential (HDR) zone. Mixed -use zoning districts shall not constitute a residential zoning district of the City for the purposes hereof. In order for a street, alley or public right -of -way to be considered in a residential zoning district of the City, the property on both sides of the roadway shall be zoned LDR, MDR, and /or HDR. D. Exceptions. The parking prohibitions outlined in this section do not apply to the following: 1. Pick -up trucks falling within the Class 3 vehicle rating. 2. Stopping or parking recreational vehicles in residential areas as regulated by TMC Section 9.20.090. Section 13. A new TMC Section 9.20.090 is hereby established to read as follows: 9.20.090 Recreational vehicle and trailer parking in residential zones A. Application. This section shall apply to parking recreational vehicles and small trailers on City streets in residential zones. B. Recreational vehicles and small trailers may be parked on any City street, alley or public right -of -way in any residential zone in the City for a period of up to 24 hours. C. Recreational vehicles may be stored or parked on private property as specified in TMC Chapter 8.25. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc Page 6 of 12 AMS:bjs 120 Section 14. TMC Section 9.20.100 is reenacted to read as follows: 9.20.100 Unsafe parking No person shall stop, park, leave standing, or store any vehicle, whether attended or unattended, on any street or highway within the City, where such vehicle obstructs visibility or sight distance in such a manner as to jeopardize public safety. Section 15. TMC Section 9.20.110 is reenacted to read as follows: 9.20.110 Controls— enforcement A. The Public Works Department or designee is authorized to place and maintain traffic control devices, including signs indicating parking restrictions, as deemed necessary to regulate, warn, or guide traffic under any parking or travel on roadways, highways and intersections in the City. B. For the purpose of issuing infractions under TMC Chapter 9.20, the Chief of Police may designate other individuals, including individuals not commissioned as police officers, to enforce TMC Chapter 9.20 and to issue citations to violators as provided therein. Section 16. TMC Section 9.20.120 is reenacted to read as follows: 9.20.120 Penalties and impound procedures A. Violations of the provisions of TMC Chapter 9.20 are parking infractions punishable by monetary penalties of not more than $300 and /or impoundment. B. Impound Authorized. Any vehicle parked on any City right -of -way or City owned, leased or operated property in violation of TMC Chapter 9.20 is subject to citation by a law enforcement officer and /or impoundment in accordance with this chapter by the law enforcement officer or a public official having jurisdiction over the right -of -way or property upon which the vehicle is located. C. Immediate Impound. Vehicles parked in violation of TMC Chapter 9.20 are subject to immediate impound under the following circumstances: 1. When the vehicle is impeding the normal flow of vehicular or pedestrian traffic; 2. When the vehicle is parked in violation of a parking restriction sign or when the vehicle is interfering, or is likely to interfere, with the intended use of the restricted parking zone; or 3. When the vehicle poses an immediate danger to public safety. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc Page 7 of 12 AMS:bjs 121 D. Other Impound. A vehicle not subject to immediate impoundment under TMC Section 9.20.120.13 may be impounded for violating any provision of TMC Chapter 9.20. A notice of impoundment shall be securely attached to, and conspicuously displayed on, the vehicle for a period of 24 hours prior to impoundment. The notice shall include: The date and time the sticker was attached. 2. The identity of the officer. 3. A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner's expense. 4. A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the registered owner will have committed the traffic infraction of littering — abandoned vehicle. 5. The address and telephone number where additional information may be obtained. E. Post - Impoundment Redemption and Hearing. 1. Not more than 24 hours after impounding a vehicle, the tow operator shall send by first class mail to the last known registered and legal owners of the vehicle (1) a notice containing the full particulars of the impoundment, the redemption procedure, and the opportunity for a hearing to contest the validity of the impoundment pursuant to RCW 46.55.120, and (2) forms for requesting the hearing. The tow operator also shall give the notice and forms to any person redeeming the vehicle within the 24 -hour period. 2. The registered or legal owner of the vehicle may request a hearing in District Court to contest the validity of the impoundment. The request for a hearing shall be made on the form provided by the tow operator, and shall be received by the District Court within 10 days (including Saturdays, Sundays and holidays) of the date on which the notice and forms were mailed. If the request for such a hearing is not received by the District Court within the 10 -day period, the right to a hearing shall be deemed waived and the registered and legal owners shall be liable for any towing, storage and other charges authorized by Chapter 46.55 RCW.B. 3. The procedures for redemption of an impounded vehicle and for the hearing to contest the validity of an impoundment shall be in accordance with Chapter 46.55 RCW. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs 122 Page 8 of 12 F. Costs. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on that impounded vehicle shall be paid by the owner or his /her agent if the vehicle is redeemed. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued at the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. G. The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. H. Contract with registered disposer to dispose of vehicles and hulks — Compliance required. 1. The City may contract with any tow truck operator who is engaged in removing and storing of vehicles and who is registered as a registered disposer of certain automobile hulks, abandoned junk motor vehicles and abandoned vehicles. 2. Any registered disposer under contract to the City for the removing and storing of vehicles or hulks shall comply with all applicable laws, ordinances and regulations, including Chapter 46.55 RCW and the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the Police Chief or the Director of the Washington State Department of Licensing. Section 17. TMC Section 8.28.070 Amended. Ordinance No. 2396 §2, as codified at TMC Section 8.28.070, is hereby amended to read as follows: 8.28.070 Occupying Recreational Vehicles as Dwelling Units A. Definitions. 1. "Recreational Vehicle" means travel trailer, motorhome, fifth -wheel trailer, or similar vehicles used for temporary accommodations while traveling. "Recreational vehicles" also includes boats, personal watercraft, snowmobiles and the like. 2. "Occupied as a dwelling unit" means used for sleeping, cooking, eating or bathing for longer than two weeks in any six -month period. B. Recreational vehicles may not be occupied as a dwelling unit in any zone, except when parked in a licensed mobile home park. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc Page 9 of 12 AMS:bjs 123 Section 18. TMC Section 9.28.037 Amended. Ordinance No. 2324 §11, as codified at TMC Section 9.28.037, is hereby amended to read as follows: 9.28.037 Electric Vehicle Parking The following regulations apply to enforcement of non - electric vehicles that park in electric vehicle charging station spaces and for electric vehicles parked out of compliance with posted days and hours of charging operation. These regulations are applicable for electric vehicle charging station spaces that are publicly accessible (e.g., on- street parking, municipal garages, park- and -ride lots, shopping centers etc.). Signage regulations for enforcement are included in Title 18, Chapter 18.56, "Off- Street Parking and Loading Regulations." 1. Electric vehicle charging stations are reserved for parking and charging electric vehicles only. 2. Electric vehicles may be parked in any space designated for public parking subject to the restrictions that would apply to any other vehicle that would park in that space. 3. When a sign authorized under TMC Chapter 18.56 provides notice that a space is a designated electric vehicle charging station, no person shall park or stand any non - electric vehicle in a designated electric vehicle charging station space. Any non - electric vehicle is subject to fine or removal. 4. Any electric vehicle in a designated electric vehicle charging station space and not electrically charging, or parked beyond the days and hours designated on regulatory signs posted at or near the space, shall be subject to a fine and /or removal. For purposes of this subsection, "charging" means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. 5. Upon adoption by the City of Tukwila, the City Engineer shall cause appropriate signs and marking to be placed in and around electric vehicle charging station spaces, indicating prominently thereon the parking regulations. The signs shall define time limits and hours of operation, as applicable, and shall state that the parking space is reserved for charging electric vehicles and that an electric vehicle may only park in the space for charging purposes. Violators are subject to a fine and /or removal of their vehicle. 6. Violations of this section shall be punishable as infractions. Punishment shall be by a fine not to exceed the fine prescribed in accordance with TMC Section 9.28.040. Each day such violation is committed shall constitute a separate offense and shall be punishable as such. Any commissioned police officer or Tukwila Police Department volunteer authorized by the Police Chief or other designated law official in the manner and subject to the requirements of TMC Section 9.20.120 is authorized to issue electric vehicle parking infractions. W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc Page 10 of 12 AMS:bjs 124 7. In addition to a fine, a vehicle left parked or standing in violation of TMC Section 9.28.037, upon a publicly accessible electric vehicle charging space that is appropriately marked and posted, is subject to being removed from the charging space by any commissioned police officer or Tukwila Police Department volunteer authorized by the Police Chief or other designated law official in the manner and subject to the requirements of TMC Section 9.20.120. Section 19. TMC Section 9.28.040 Amended. Ordinance No. 1794 §1 (part), as codified at TMC Section 9.28.040, is hereby amended to read as follows: 9.28.040 Penalty With the exception of TMC Section 9.28.037, violation of any of the provisions of this chapter constitutes a civil infraction not to exceed $200 per day per violation. Violation of TMC Section 9.28.037 constitutes a parking infraction punishable by monetary penalties of not more than $300 and /or impoundment. Section 20. TMC Section 9.32.020 Amended. Ordinance Nos. 1502 §3 and 1370 §1 (part), as codified at TMC Section 9.32.020, are hereby amended to read as follows: 9.32.020 Authority to impound vehicles on the highway Members of the Police Department are authorized to remove and impound vehicles found on the highway, by means of towing or otherwise, to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or otherwise maintained by the City, under any of the following circumstances: 1. When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic; 2. When any vehicle upon a highway, including tunnels, bridges or approaches, is so disabled as to constitute an obstruction to traffic or when the person or persons in charge of the vehicle are incapacitated to such an extent as to be unable to provide for its custody or removal and there is no other person present who may properly act as agent for such operator in the care of his vehicle; 3. When any vehicle is left unattended upon a highway and is so parked illegally as to constitute a hazard or obstruction to the normal movement of traffic; 4. When any vehicle operating on a highway is found to be defective in equipment in such a manner that it may be considered unsafe; 5. When any vehicle is found in a tow -away zone; W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs Page 11 of 12 125 6. When the operator of any vehicle is arrested and placed in custody and is not in condition to drive, and the vehicle is not in a place of safety and there is no other person present who may properly act as agent for such operator to drive the vehicle to a place of safety; and 7. When any abandoned vehicle or abandoned junk motor vehicle is found on a highway. Section 21. 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 22. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 23. 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 12016. ATTEST /AUTH ENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Parking regulations updated 1- 27- 16.doc AMS:bjs 126 Page 12 of 12 FA 4 '0 51 Initials --------------------------------- I ITEMNO, Ileeliq Dale P Prepared by M Mayors relVeiv C C01,11wilrel'iew 12/14/15 L LH 01/25/16 L LH 02/01/16 L LH • , LA A • 7111AFF SPONSOR: LAUREL HUMPHREY 12/14/15 AG,FINDA PIT"NITITLF, Regulations for Vehicle Parking on Residential Properties CA '1:'("()m' ❑ Discussion ❑ Motion [:] 1�e.olufion E Ordinance F-1 Bidzlward F-1 Public flealin,g [_1 Other A1/9 Dale 1125116 A 11g Dale Aftg Dale Al/_g Dale 211116 Al q Dale A 1tg Date, 1118 Dale SPONSOR Council ❑ A4q),or ❑ I /R ❑ DCD ❑ 1"illance E:].Vin, ❑ IT ❑ P&R ❑ Police ❑ 1"If' SPONSOR'S Tukwila Municipal Code 8.25.020, Parking Limitations, currently requires that vehicles SUMMARY must be parked on approved durable uniform surfaces, and limits the overall size of the improved surface, but does not set a limit on the total number of cars. Councilmembers; and Code Enforcement staff receive community feedback that indicates a limitation is desired. The draft ordinance proposes to establish a limit to the number of vehicles that can be parked on a residential lot. RrIvii;Avim iw ❑ cow Mtg. N CA&P Crate ❑ F&S Cmte F-1Transportation Cmte F-1 Utilities Crate ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DA-1'11-,': 10/12, 11/9, 11/23 C0MIt41'1T1_,'E CIIATR: SEAL RECOMMENDATIONS: SP0NS0iz/Ai)Ni1N. Forward to C.O.W. COMM"I"T"', Unanimous Approval; Forward to C.O.W. COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/14/15 Forward to January Committee of the Whole Meeting 1/25/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 12/14/15 Informational Memorandum dated 11/17/15 1/25/16 Draft ordinance Vehicle storage in other jurisdictions TMC 8.25 Minutes from the CAP Committee meeting of 10/12/15, 11/9/15, and 11/23/15 2/1/16 Ordinance in final form 127 127 128 y/ City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2371 §1, 2251 §1 AND 2056 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 8.25.020; TO UPDATE REGULATIONS REGARDING VEHICLE STORAGE AND PARKING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 8 of the Tukwila Municipal Code includes regulations on vehicle storage and parking on single - family residential properties; and WHEREAS, excessive parking or storage of vehicles on single - family residential properties diminishes the aesthetic qualities of Tukwila's neighborhoods; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 8.25.020 Amended. Ordinance Nos. 2371 §1, 2251 §1 and 2056 §1 (part), as codified at Tukwila Municipal Code Section 8.25.020, "Parking Limitations," is hereby amended to add a new subparagraph G. to read as follows: G. No more than six motor vehicles shall be parked on a single - family residential property of 13,000 square feet or less outside of a carport or enclosed garage for a period of more than 48 hours. For purposes of this section, "single- family residential property" means any parcel containing a single - family residence or multiple parcels combined containing one single - family residence, typically identified by a single address located in the Low Density zone. The parking limitations in this subsection shall apply to all motor vehicles as defined by state law with the exception of motorcycles and mopeds. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Vehicle storage and parking regulations 1- 27- 16.doc Page 1 of 2 LKbjs 129 Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST /AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Vehicle storage and parking regulations 1- 27- 16.doc LH:bjs 130 Page 2 of 2 Mayor's Office - David Cline, City Administrator The City »f opportunity, the community «Fchoice TO: Mayor Ekberg Cmuncilrnernbers FROM: David Cline, City Administrator DATE: January 27, 2016 SUBJECT: Report for February 1, 2016 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update Onthe activities of the City and On issues that concern Tukwila. Please let rne know if you have any questions or need additional information about any of the following items. Intergovernmental Update ~ Meeting with the Economic Development Council: Mayor Ekberg, City Administrator Cline, and Economic Development Administrator Speck met with Suzanne Dale-Estey, President of the Economic Development Council OfSeattle/King County and discussed regional economic development and the Mayor's role on the EOC board representing the Sound Cities Association. Meeting with Auburn Mayo : Mayor Ekberg and Rachel Bianchi, Communications and Government Relations manager met with Auburn Mayor Nancy Backus regarding ST3 priorities as she is now the newest member Of the Sound Transit board. Office: Meeting with Congressman Smith's Sergeant Kraig Boyd has been meeting with a representative from the US Congressman Adam Smith's office regarding expanding contacts in the Bhutanese community in regards to the community outreach program. U. Community Events � The Martin Luther King Jr. Day of Service: Forterra, City of Tukwila employees and volunteers from United Wayjoined together on Martin Luther King, Jr. Day to work on the restoring the DVvvannish shoreline. The efforts included clearing invasive weeds and cutting down blackberry bushes to protect newly planted shrubs, while targeting the "transition zone" where Chinook salmon adapt from fresh to salt water. m Blockwatch Meeting: Mayor Ekberg, Commander Mitchell, Chris Partrnan and the Community Policing Team met with the residents Vf5.z64th at(Salliano'sto discuss concerns in their neighborhood. Tukwila City Hall ,6200 Southcenter Boulevard ^Tukwila, WA 9S188,206-433-I80" Website: TukwilaWA.gov City Administrator's Report January 27,zOz6 Page U|. Staff URdates Public Safgty w Outreach to Somali Community: 5erqeantKn*igBovdattendedateenageyouths|eep- Over6ttheAbo-Bakr|slarnic[enterOnJanuaryzS. |n addition, he spoke tothe congregation after the Friday prayer service about the police, the community, and our duty tO protect their constitutional rights and has also been working with Companion Athletics attending basketball games with other patrol officers and occasionally speaking to the Somalian youths. The police department obtained a$lmoo grant from Target tOsupport community and athletic programs and used the grant to assist Companion Athletics in the purchase of basketball uniforms and trophies for the youth. ~ /4 m Quarter PID EmDlovee of the Quarter: Detective Eric Kunsmann and Detective Dan Lindstrom received the PD Employee of the Quarter award for their outstanding work in the fourth quarter 0f2Oz5. Pro-ject Updates • Redevelopment Demolition: Demolition is scheduled to begin in the near future with completion bv the end OfJune. • : King County held apreconstroction meeting on January iS. The first task is the removal of asbestos from the motel rooms. Full demolition isscheduled to start in March with 8 target completion date nf April ]o/ao16. • Interurban Ave S Roadway: Work continues On Interurban Ave South. VVecurrently anticipate active construction to continue into the first week of February. Final paving is weather sensitive and vve now anticipate the completion of the project around May 2o16. • Boeing Access Rd Bridge Rehabilitation: Working on finalizing the Construction and Maintenance Agreement with BNSF. Once the agreement is executed, vvewill be able to certify bid documents with the federal granting agency and plan to advertise for construction bids in the zst Quarter ofzo1G. • Teens from Tukwila travelled to Olympia on Sunday tomeet with State representatives and talk about issues that involve teens and the City of Tukwila. • Basketball Sponsorships: VVe received youth basketball sponsorships from the following businesses and community groups for the zo15-2oi-6 season; Tukwila Fire Local #zo88, Dollar Park & Fly, Jeff Snow Real Estate/ California Pizza Kitchen, Tukwila Police Guild/ Schneider Family Homes, Teamsters Local #zz7 Teamsters Local #7G3, Tukwila Equity and Diversity Commission. • Certificate of Achievement for Excellence in Financial Reporting: The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City 0fTukwila by the Government Finance Officers Association of the United States and Canada for the 2oz4 Comprehensive Annual Financial Report (CAFR). City Administrator's Report January 27/zOz6 Page |V. Responses to CounciNCitizen|nquiries Date of Inquiry Inquiry Response Councilmember Seal Staff talked with the property owner and January 4, 2o,:i6 expressed concerns about they will be installing new light bulbs that bright lights around Riverside are not so bright. Residences 134 Upcoming Meetings & Events February 2016 1st (Monday) 2nd (Tuesdays 3rd (Wednesday) 4th (Thursday) 5th (Friday) 6th (Saturday) ➢ `�^ �°' ° ° "T� ➢ Arts ➢ Equity& Commission, r Commission, Diversity Cancelled 5:00 PM Commission, (Community 5:15 PM ➢ 'Transportation Center) (Hazelnut Cmte, Conference 5:30 PM Room) (Foster ➢ Finance & Conference Safety Cmte, Room) 5.30 PM (Hazelnut Conference ➢ City Council Room) Regular Mtg., 7:00 pm ➢ Library (Council Advisory Chambers) Board, 7:00 PM (Community Center) January 11 thru April 21: Free income tax preparation assistance available at Tukwila Community Center Tuesday /Thursday: 5:00 — 8:00 PM, Saturday: 10:00 AM — 2:00 PM Visit www.uwkc.ora taxhelp or call 800 - 621 -4636 8th (Monday) 9th (Tuesday) 10th (Wednesday) 11th (Thursday) 12th (Friday) 13th (Saturday) ➢ Community ➢ Utilities Cmte, ➢ Park ➢ CUPCAB, Restore the Council Chat Affairs & Parks 5:30 PM Commission, 6:30 PM Duwamish 10:00 AM to Cmte, (Foster 5:30 PM (Duwamish Shoreline 12:00 NOON 5:30 PM Conference (Community Conference Challenge Stop by and informally (11a =elnut Room) Center) Room) 1:00 PM —4:00 talk with a Tukwila City Conference PM Councilmember about Room) Meet at the Green anything on your mind ➢ Tukwila River Trail regarding Tukwila. International BECU Campus Foster Golf Links ➢ City Council Boulevard (12770 Gateway Clubhouse (115001nterurban Ave S) Committee of Action Cmte, Drive) the Whole Mtg., 7:00 PM For information 7:00 PM (Valley View visit: (Council Sewer Dist., www.forterra.org/ Chambers) 3460 S 148th) events ➢Arts Commission: 1st Tues„ 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. ➢ Equity & Diversity Commission: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868. ➢Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) Police Department acquisition ofMobile on Q for use in the inventory of evidence. (B) A resolution to surplus and sell a 1994 Darley fire truck. (C) Updates to Tukwila Municipal code Title 5, `Business License and Regulations ". (D) A resolution adopting an expense reimbursement policy. (E) Continued discussion regarding Facilities Plan based on Fire annexation or Facilities Plan based on Fire retention. (F) An update on the Financial Planning Model — Attachment A. ➢ Library Advisory Board: 1st Tues, 7:00 PM, Community Center. Contact Tracy Gallaway at 206- 767 -2305. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center, Contact Robert Eaton at 206 - 767 -2332. ➢ Planning Commission /Board of Architectural Review: 4`" Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetto Bivens at 206-431-3670 ➢ Transportation Committee: 1 st & 3rd Mon,, 5:30 PM, Foster Conf. Room (A) Cascade View ,Safe Routes to School Phase H Consultant Selection and Agreement. (B) 2015 Overlay and Repair Program Project Completion and Acceptance. (C) Bowing Access Road over BNRR Bridge Rehab Project Jacobs Supplemental Agreement No. 3. (D) Strander Boulevard Extension Phase 3 Consultant Contract, Scope of N%rk and Fees. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59 °i 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 135 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 - MEETING 3 = MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. February 1 8 16 (Tuesday) 22 See agenda packet Special Presentations: Special Presentations: Public Hearing: One Night Count New employee cover sheet for this Osterly Park week's agenda presentation. introductions: Officer Townhomes Phase I (February 1, 2016 Arthur Stephenson and Final Subdivision Regular Meeting). Special Issues: Officer Ryota Akimoto. Approval. Bid award for 6300 Building Water Service Special Issues: '- Replacement. Resolution for Non -Rep Compensation. - Osterly Park Townhomes Phase I Final Subdivision Approval. Committee of the Whole meeting to be followed by a Special Meeting. March 7 14 21 28 Unfinished Business: - Resolution for Non -Rep Compensation. - Osterly Park Townhomes Phase I Final Subdivision Approval. 136