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Home My WebLink AboutREG 2016-11-21 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, November 21, 2016; 7:00 PM • Ord #2510 • Res #1896 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. (Refer to back of agenda page for additional information.) 3. CONSENT a. Approval of Minutes: 11/7/16 (Regular) AGENDA b. Approval of Vouchers c. A resolution adopting a new Public Works fee schedule. [Reviewed Pg.i and forwarded to Consent by the Committee of the Whole on 11/14/16.] d. Authorize the Mayor to sign Supplement #1 to contract #14 -164 with Pg.9 Northwest Hydraulic Consultants, Inc., to provide levee certification services for the Tukwila 205 Levee certification in the amount of $316,788.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/14/16.] e. Award a bid and authorize the Mayor to sign a contract with Pg.11 Westwater Construction Company for the Tukwila International Boulevard and South 144th Street Midblock Crossing Project in the amount of $88,300.00 (plus contingency). [Reviewed and forwarded to Consent by the Transportation Committee on 1117116.] f. Authorize the Mayor to sign a contract with BNSF Railway Company Pg.21 for the Boeing Access Road over BNRR Bridge Rehabilitation Project in the amount of $149,428.00. [Reviewed and forwarded to Consent by the Transportation Committee on 1117116.] 4. UNFINISHED a. Authorize the Mayor to sign Supplement #6 to contract #12 -010 with Pg.105 BUSINESS CH2M Hill for the 42nd Avenue South Phase III Project in the amount of $218,783.05. b. Tax levy legislation: Pg.107 (1) An ordinance levying the general taxes for the fiscal year Pg.109 commencing January 1, 2017. (2) An ordinance relating to the limiting factor for the regular Pg.113 property tax levy above the rate of inflation (Implicit Price Deflator). (3) An ordinance increasing the regular levy from the previous year Pg.115 on all property, both real and personal, by 1% commencing January 1, 2017. (continued...) REGULAR MEETING Monday, November 21, 2016 Page 2 4. UNFINISHED c. An ordinance amending Ordinance No. 2458, which adopted the Pg.117 BUSINESS biennial budget for the 2015 -2016 biennium, to adopt an amended (cost.) year -end budget. d. An ordinance authorizing the issuance of Unlimited Tax General Pg.129 Obligation Bonds in the aggregate principal amount of not to exceed $36,500,000 to finance costs related to its Public Safety Plan. e. A resolution adopting updated policies related to the Financial Pg.151 Planning Model and other general financial policies. f. A resolution updating and clarifying the non - represented employees' Pg.157 compensation and adopting the Non - Represented Salary Schedule and benefits summary, effective January 1, 2017. g. Approve the process for developer selection for four parcels of City- Pg.169 owned land at 14420, 14440, 14442 and 14452 Tukwila International Boulevard (motel site) as outlined in the agenda packet. 5. NEW BUSINESS A resolution of the City Council of the City of Tukwila reaffirming its Pg.181 commitment to being a diverse, tolerant and inclusive City. 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.185 d. City Attorney e. Intergovernmental 7. MISCELLANEOUS S. EXECUTIVE SESSION 9. ADJOURNMENT Tukwila City Hall is ADA 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 agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped (available at www.tukwilawa.00v) 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 rules of courtesy when speaking and limit your comments to 5 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. CITIZEN COMMENTS At each Council meeting, citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS /EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. 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. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that 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 MEETING SCHEDULE 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 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Meetin g Date Pre .pared 6 May ls review Council review 11/14/16 BG ❑ Resolution Mtg Date 11121116 ❑ Ordinance Mtg Date 11/21/16 BG n Other Mtg Date 17 SPONSOR'S The City's water, sewer, and surface water rates need to be increased to meet operational SUMMARY and capital expenditures. Residential and Multi-family water base rates and Commercial/ Industrial water consumption rates will increase in 2017 and 2018. King County's sewer treatment charges will increase in 2017 and the City's sewer fund will increase in 2018. The surface water residential fees will increase from $163 to $171 in 2017 and $171 to $176 in 2018, along with an increase for commercial properties. REVIEWED BY [:] cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte Z Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/25/16 COMMIT-FEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMFITEIE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURJ� REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 401 WATER, 402 SEWER, AND 412 SURFACE WATER Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM INFORMATION rza�&na 3.C. _STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/14/16 AGENDA ITEM TiTj,i,,, Resolution updating the Public Works Fee Schedule for the 2017 & 2018 Water, Sewer, and Surface Water Rates CATEGORY Z Discussion Mtg Date 11114116 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11121116 ❑ Ordinance Mtg Date ❑ BidAward Mtg Date ❑ Public.Hearin ,g Mtg Date n Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD [:] Finance [:] Fire [:1 IT [:] P&R [:] Police Z PWI SPONSOR'S The City's water, sewer, and surface water rates need to be increased to meet operational SUMMARY and capital expenditures. Residential and Multi-family water base rates and Commercial/ Industrial water consumption rates will increase in 2017 and 2018. King County's sewer treatment charges will increase in 2017 and the City's sewer fund will increase in 2018. The surface water residential fees will increase from $163 to $171 in 2017 and $171 to $176 in 2018, along with an increase for commercial properties. REVIEWED BY [:] cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte Z Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/25/16 COMMIT-FEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMFITEIE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURJ� REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 401 WATER, 402 SEWER, AND 412 SURFACE WATER Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting 11/21/16 MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 10/21/16 Exhibit A - Rate Matrix, Exhibit B - KC Ord. #18305, & Exhibits C - Comparisons Resolution - Public Works Fee Schedule Attachments D, E & F, Proposed 2017 CIP Minutes from the Utilities Committee meeting of 10/25/16 11/21/16 j Resolution City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW PUBLIC WORKS FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1869. WHEREAS, each year the City analyzes the rate model for the three utility enterprise funds, which are water, sewer and surface water, to ensure revenues keep pace with expenses, to update the traffic model, and to analyze the transportation network to ensure continued compliance with the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, the City is authorized to impose fees to recoup the costs of services rendered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Public Works fees will be charged according to the following schedule, which shall supersede any previously adopted Public Works Fee Schedule and take effect as of January 1, 2017: PUBLIC WORKS FEE SCHEDULE WATER RATES FEE Water Meter Installation .75 inch $ 600.00 1 inch $ 1,100.00 1.5 inch $ 2,400.00 2 inch $ 2,800.00 3 inch $ 4,400.00 4 inch $ 7,80 ' 0.00 6 inch $12,500.00 Water Meter Deduct $25.00 WAWord Processing\Resolutions\PW fee sched-utility and transportation fees 11-15-16 Page 1 of 6 GL:bjs 3 WATER RATES FEE Water Base Charge (Monthly) In addition to the monthly water base charge, each 100 cubic feet of water used will be charged as shown in "Water Rates (Monthly)." 2017 2018 Single Family (one dwelling unit) $17.00 $18.00 2017 2018 Multi - Family (more than one dwelling unit); $17.00 $18.00 each dwelling is charged the base charge Commercial /Industrial Customers: 3/4 inch Service $ 45.00 1 inch Service $ 55.00 1 -1/2 inch Service $ 80.00 2 inch Service $105.00 3 inch Service $150.00 4 inch Service $200.00 6 inch Service $300.00 8 inch Service $400.00 10 inch Service $500.00 12 inch Service $600.00 Water Rates (Monthly) In addition to the monthly water base charge listed above, each 100 cubic feet of water will be charged at the following rates: 2017 2018 Single Family Residence (Oct -May) $2.80 $2.80 Single Family Residence (Jun -Sept) $3.90 $3.90 Multi - Family (Oct -May) $3.30 $3.40 Multi - Family (Jun -Sept) $4.60 $4.70 Commercial /Industrial (Oct -May) $4.82 $5.10 Commercial /Industrial (Jun -Sept) $6.60 $6.90 Fire Protection Service Charges (Monthly) Per month based on size of service. 2 inch Service $ 9.50 3 inch Service $ 21.00 4 inch Service $ 37.00 6 inch Service $ 84.00 8 inch Service $126.00 10 inch Service $210.00 12 inch Service $273.00 WATER SERVICES FEE Water Turn On $ 50.00 After -Hour Water Turn On - additional fee for customer requested after -hours water turn on $100.00 Unauthorized Water Usage - after shut -off for $100.00 non - payment W: \Word Processing \Resolutions\PW fee sched - utility and transportation fees 11 -15 -16 Page 2 of 6 GL:bjs 0 WATER SERVICES (cont.) FEE Special Meter Read — customer requested $ 30.00 meter read outside normal read schedule Shut-off no Fic—e $ 30.00 Change in owner, tenant, and/or third party $ 20.00 paying agent Emergency Conservation Sanction $100.00 Temporary Water Meter Deposit 2.5" water meter $1,500.00 Temporary Water Meter Rental per minimum 60 days expiration 2.5" water meter $150.00 WATER INTEREST CHARGE RATE On all water accounts 30 days in arrears from 8% per annum computed on a monthly basis the date of delinquency until paid SEWER RATES FEES Residential Sewer Service Flat rate of $29.00 per month in 2017 (single dwelling unit) Flat rate of $30.00 per month in 2018 Residential Sewer Service (multiple dwelling Flat rate of $29.00 per month for each dwelling unit in unit, permanent type) 2017 Flat rate of $30.00 per month for each dwelling unit in Commercial and Industrial Sewage Service In 2017: Flat rate of $53.50 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of $53.50 per 750 cubic feet In 2018: Flat rate of $55.36 per month and, in addition, any usage over 750 cubic feet of water per month shall be at the rate of $55.36 per 750 cubic feet SEWER INTEREST CHARGE RATE On all sewer accounts 30 days in arrears from 8% per annum computed on a monthly basis the date of delinquency until paid vV:\vord �esched�Un�ond�anspn�uUon�uo114��O ''~---='------ Page 3of8 GL:bj» SURFACE WATER RATES UNIT FEE PER YEAR Surface Water Utility Rates Per Year Service Charge Per Acre Category: 2017 2018 1. Natural $ 206.08 $ 212.26 2. 0 - 20% Developed Surface $ 448.10 $ 461.54 3. 21 - 50% Developed Surface $ 821.30 $ 845.94 4. 51 - 70% Developed Surface $1,225.54 $1,262.30 5. 71 - 85% Developed Surface $1,476.42 $1,520.70 6. 86 - 100% Developed Surface $1,722.26 $1,773.92 7. Single-Family Residential Parcels $ 171.00 $ 176.00 (flat rate per residential parcel) SURFACE WATER INTEREST CHARGE RATE On all surface water accounts 30 days in arrears 8% per annum computed on a monthly basis from the date of delinquency until paid _ TRANSPORTATION CONCURRENcy TEST FEE SCHEDULE Fees for Residential Use UNIT ALL TYPES OF RESIDENTIAL' Between 1 and 3 $ 300.00 Between 4 and 5 $ 600.00 Between 6 and 10 $ 1,200.00 Between 11 and 15 $ 2,000.00 Between 16 and 20 $ 3,500.00 Between 21 and 25 $ 5,000.00 Between 26 and 30 $ 6,500.00 Between 31 and 40 $ 8,000-00 Between 41 and 60 $10,000.00 Greater than 60 $12,000.00 All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200-299, including single family, multi-family, mobile home parks, and shared housing W:\Word Processing\Resolutions\PW fee sched-utility and transportation fees 11-15-16 Page 4 of 6 GL:bjs Fees for Non - Residential Use GROSS FLOOR AREA INDUSTRIAL2 OFFICES RETAIL4 EATERY5 INSTITU- TIONAL & PORTS ALL OTHER USES Less than 5,000 $1,000 $1,800 $2,700 $5,400 $500 $1,500 Between 5,001 and 10,000 $1,500 $2,700 $4,050 $8,100 $1,000 $2,000 Between 10,001 and 20,000 $2,000 $3,600 $5,400 $10,800 $1,500 $2,500 Between 20,001 and 30,000 $3,000 $5,400 $8,100 $10,800 $2,000 $2,500 Between 30,001 and 40,000 $4,000 $7,200 $10,800 $10,800 $2,500 $2,500 Between 40,001 and 50,000 $5,000 $9,000 $13,500 $10,800 $3,000 $2,500 Between 50,001 and 70,000 $6,000 $10,800 $16,200 $10,800 $4,000 $2,500 Between 70,001 and 90,000 $7,000 $12,600 $18,900 $10,800 $5,000 $2,500 Between 90,001 and 150,000 $8,000 $14,400 $21,600 $10,800 $6,000 $2,500 Between 150,001 and 200,000 $9,000 $16,200 $24,300 $10,800 $7,000 $2,500 Greater than 200,000 $10,000 $18,000 $24,300 $10,800 $8,000 $2,500 2 All industrial /agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100 -199, including light and heavy industrial, manufacturing, and warehousing 3 All office, medical, and service related uses defined by the ITE Trip Generation Manual Land Use Codes 600 -699, 700 -799, and 900 -999, including general office, medical facilities, and banks 4 All retail and recreation uses defined by the ITE Trip Generation Manual Land Use Codes 400 -499, 800 -830 and 837 -899, including retail sales, rental sales, athletic clubs, and theaters 5 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831 -836, excluding accessory (stand - alone) drive - through espresso stands (or similar) under 250 sq. ft., which are assessed $300 6 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099 and 500 -599, including schools, places of worship, day care, terminals, and transit POLE ATTACHMENT FEES FEE PER YEAR Pole Attachment (per pole) Natural ................ $100.00 per year Pole revisions to allow for attachments.......... Actual costs (engineering, labor, inspections, etc.) Conduit Rental ................. ............................... $1.00 per foot per year City Dark Fiber Rental ..... ............................... $200.00 per strand per mile per year Installation fees ................ ............................... Actual costs (engineering, labor, inspections, etc.) W: \Word Processing \Resolutions\PW fee sched- utility and transportation fees 11 -15 -16 Page 5 of 6 GL:bjs 7 Section 2. Repealer. Resolution No. 1869 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MIVIC, City Clerk Rachel B. , Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Processing\Resolutions\PW fee sched-utility and transportation fees 11-15-16 Page 6 of 6 GL:bjs F-F� COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by a Ma or'.r review Council review 11/14/16 B ❑ Resolution Mtg Date ❑ Ordinance Mtg Date 11/21/16 BG ❑Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&'R ❑ Police ® PWI SPONSOR'S This Supplemental Agreement No. 1 with Northwest Hydraulic Consultants is for Phase 2 of SUMWT RY the Tukwila 205 Levee Certification Project. Phase 2 will collect additional site information for the Tukwila 205 Levee, develop alternatives for correcting deficiencies, and develop cost estimates. Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 14 -164 with Northwest Hydraulic Consultants for $316,788.00. REVII3WED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/25/16 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $316,788.00 $317,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 100, PROPOSED 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEMNO. 3.D. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINALAGENDA DA'I'S: 11/14/16 AGENDA ITEM TITLE Tukwila 205 Levee Certification Phase 2 Supplemental Agreement No. 1 with Northwest Hydraulic Consultants CATEGORY ® Discussion Mtg Date 11/14/16 ® Motion Mtg Date 11/21/16 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&'R ❑ Police ® PWI SPONSOR'S This Supplemental Agreement No. 1 with Northwest Hydraulic Consultants is for Phase 2 of SUMWT RY the Tukwila 205 Levee Certification Project. Phase 2 will collect additional site information for the Tukwila 205 Levee, develop alternatives for correcting deficiencies, and develop cost estimates. Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 14 -164 with Northwest Hydraulic Consultants for $316,788.00. REVII3WED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ® Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/25/16 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $316,788.00 $317,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 100, PROPOSED 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to the next Regular Meeting 11/21/16 MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 10/21/16 Page 100, Proposed 2017 CIP NHC Supplement No. 1 to Contract No. 14 -164 Minutes from the Utilities Committee meeting of 10/25/16 11/21/16 o attachments 2 W COUNCIL AGENDA SYNOPSIS ----------------------------- - - - - -I nitialr Meetingo Date Pre .p—d by Ij j, Ma ors rV i ew Council reviey 11/21/16 BG ITEM INFORMATION ITEMNO. 3.E. CAS NUMBER: —STAFF SPONSOR: BOB GIBERSON I ORIGINAi,AGI,',NDADA'1'1-,: 11/21/16 AGENDA I,n,"m Tukwila International Blvd & S 144th St Midblock Crossing Bid Award to Westwater Construction Company CATEGORY F-1 Discussion Mt Date ❑ Motion Mt ,g Date ❑ Resolution Mtg Date ❑ Ordinance Mt ,g Date Z Bid Axard MtS Date 11121116 ❑ Public Hearing Mt ,g Date ❑ Other Mt ,g Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police Z PWI SPONSOR'S The Tukwila International Blvd and South 144th Street Midblock Crossing Project was SUMMARY advertised for bids through MRSC's Small Works Roster and three bids were received on October 13. Westwater Construction Co. had the apparent low bid of $88,300.00. This project will install a Flashing Rectangular Beacon and ADA compliant curb ramps. Council is being asked to award the bid to Westwater Construction in the amount of $88,300.00. REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/07/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Comm"i-l"'E Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE ExPEND1,i,u1u,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $88,300.00 $94,800.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGES 19 & 20, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/21/16 MTG. DATE ATTACHMENTS 11/21/16 Informational Memorandum dated 11/04/16 Pages 19 & 20, 2015 CIP Bid Tabulation Minutes from the Transportation Committee meeting of 11/07/16 F— I 11 12 TO: FROM BY: CC: DATE: City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM Transportation Committee Bob Giberson PE, Public Works Director 4$9 Scott Bates, Traffic Engineering Coordinator Mayor Ekberg November 4, 2016 SUBJECT: TIB & S 144th Street Midblock Crossing Project No. 91610406 Bid Award ISSUE Award the bid for the retrofit construction of the Tukwila International Blvd (TIB) and S 144th St Midblock Crossing with Rapid Flashing Rectangular Beacons (RRFB) and ADA compliant curb ramps. BACKGROUND Phase 1 of the TIB Improvements constructed two midblock crossings using overhead signs and in- roadway lighting. These in- pavement systems were prone to failure and required frequent repairs to maintain operations. In 2014, the ADA Improvement Project replaced the TUIB and S 1501h St crossing with the Rapid Rectangular Flashing Beacon system. In 2015, the City commissioned a pedestrian crossing evaluation by the Transpo Group to study the high levels of pedestrian crossing activity near the Abu -Bakr Mosque, located at TIB and S 141 st St. Based on the study information, maintaining a TIB crossing at the existing location between S 142nd St and S 144th St and upgrading it to a RRFB signal was recommended. In May 2016, KPG Inc. was awarded the design contract, which they completed in September 2016. DISCUSSION A call for bids was sent to the MRSC Small Works Roster and three bids were received on October 13 with Westwater Construction Co. as the apparent low bidder at $88,300.00. The Engineer's estimate was $79,167. No errors were found in the bid tabulation and a background check was conducted on Westwater Construction Co. FINANCIAL IMPACT Contract Engineer's Estimate 2016 Budget Bid Award $88,300.00 $79,167.00 Contingency (5 %) 4,415.00 3,958.35 Annual Traffic Signal Program $ 74,500.00 ADA Improvements 20,300.00 Total 2 71 83 12_ _ 94 800.00 RECOMMENDATION Council is being asked to award the construction contract for the TIB & S 1441h St Midblock Crossing to Westwater Construction Co. in the amount of $88,300.00 and consider this item on the Consent Agenda at the November 21, 2016 Regular Meeting. Attachments: Pages 19 & 20, 2015 CIP Bid tabulation W:U'W EngU'RO)ECTS\A- RW & R5 Projects\TIB -144th Midblock crossing (91610406)AI)esignA100% designAAward \Info Memo TIB Mid -block Bid Award gl 110416.docx 13 14 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Annual Traffic Signal Program Project No. 81410404 Design and construct traffic signal upgrades and repairs of signals that exceed routine maintenance work; DESCRIPTION: loop replacement, head replacement, and controllers. Replace direct bury cable for existing lighting system. City is adding traffic signals to inventory every year. New traffic control center will warrant an additional staff JUSTIFICATION: person to be fully operational. LEDs are on a 4 to 5 year replacement cycle. Work includes adding additional signal heads, luminaires, loop STATUS: repairs, and controller upgrades including signal timing and coordination plans. 25 Reduces maintenance costs. Preventative maintenance on every traffic signal is required to be completed MAINT. IMPACT: quarterly. COMMENT: Ongoing project, only one year actuals shown in first column. FINANCIAL Through Estimated lin S000'sl 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 25 35 35 40 40 45 45 265 Land(R/W) 0 Const. Mgmt. 0 Construction 115 100 80 80 80 80 80 80 80 775 TOTAL EXPENSES 115 100 105 115 115 120 120 125 125 1,040 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Traffic Impact Fees 0 City Oper. Revenue 115 100 105 115 115 120 120 125 125 1,040 TOTAL SOURCES 115 100 105 115 115 120 120 125 125 1,040 2015 - 2020 Capital Improvement Program m 15 CITY OFTWKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Americans with Disabilities Act (ADA)Improvements Project No. 31210405 DESCRIPTION: Construct ADA compliant upgrades to City infrastructure in conjunction with a City developed plan. JUSTIFICATION: enforcement Recent The enfbm � studies. court rulings now mandate ADA compliance. The City must provide upgrades with most construction projects. STATUS: Provide annual funding to construct improvements as necessary. For 2015, develop a citywide plan. D0A|0T.|0OPACT: Negligible. PnUe�*iUbe ongoing und|ChYfaoi|�eoand inho�m�uremm�8D8�quimma�s.On� one year o�ue|o ��80��NT' ' shown in first column. FINANCIAL Through Estimated (in $000's) 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Construction 93 50 50 50 50 50 50 50 443 TOTAL EXPENSES 31 109 163 63 63 63 63 63 63 681 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Traffic Impact Fees 0 City Oper. Revenue 31 109 163 63 63 63 63 63 63 681 TOTAL SOURCES 31 109 163 63 63 63 63 63 63 681 2015 2020 Capital Improvement Program 20 CITY OF TUKWILA TIB & 144TH ST MIDBLOCK CROSSING CONSTRUCTION COST ESTIMATE - 100% Submittal KPG SEATTLE • TACOMA June 3, 2016 - _ Prime Ele4tnc-„-- Titan'Earthwntk�s Section No. No. Item Quantity Unit Unit Price �_llNt - = -. -, ". Total Cost Total Cost Price '._;,_- . -: �... •.,.:. Unit # Tvtat Cbsk 1 .. -PtICe . _.. - ..a _......; ROADWAY 1 1 -04 Unexpected Site Changes 1 FA $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 2 1 -09 Mobilization 1 LS $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 9,900.00 $ 9,900.00 $ 19,000.00 $ 19,000.00 3 1 -10 Project Temporary Traffic Control 1 LS $ 4,000.00 $ 4,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 30,000.00 $ 30,000.00 4 2 -01 Clearing and Grubbing 1 LS $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 5 2 -02 Removal of Structure and Obstruction 1 LS $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 1,500.00 $ 1,500.00 $ 6,000.00 $ 6,000.00 6 2 -03 Roadway Excavation, Incl. Haul 100 SY $ 25.00 $ 2,500.00 $ 50.00 $ 5,000.00 $ 45.00 $ 4,500.00 $ 38.00 $ 3,800.00 7 4 -04 Crushed Surfacing Top Course 20 TN $ 30.00 $ 600.00 $ 25.00 $ 500.00 $ 100.00 $ 2,000.00 $ 265.00 $ 5,300.00 8 5 -04 HMA Class 1/2" PG 64 -22 15 TN $ 150.00 $ 2,250.00 $ 500.00 $ 7,500.00 $ 350.00 $ 5,250.00 $ 450.00 $ 6,750.00 9 8 -01 Erosion / Water Pollution Control 1 FA $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 10 8 -01 Silt Fence 30 LF $ 5.00 $ 150.00 $ 10.00 $ 300.00 $ 10.00 $ 300.00 $ 18.00 $ 540.00 11 8 -01 Inlet Protection 3 EA $ 100.00 $ 300.00 $ 100.00 $ 300.00 $ 70.00 $ 210.00 $ 150.00 $ 450.00 12 8 -04 Cement Conc. Traffic Curb and Gutter 45 LF $ 25.00 $ 1,125.00 $ 150.00 $ 7,500.00 $ 65.00 $ 3,250.00 $ 86.00 $ 4,300.00 „TRAFFIC; SIGNALS 13 8 -20 Rectangular Rapid Flashing Beacon (RRFB) System, Complete 1 LS $ 42,500.00 $ 42,500.00 $ 26,000.00 $ 26,000.00 $ 46,500.00 $ 46,500.00 $ 31,000.00 $ 31,000.00 SIDEWALK 14 8 -14 Cement Conc. Sidewalk 70 SY $ 50.00 $ 3,500.00 $ 100.00 $ 7,500.00 $ 50.00 $ 3,750.00 $ 75.00 $ 5,625.00 15 8 -14 Cement Conc. Curb Ramp, Type A Perpendicular 2 EA $ 800.00 $ 1,600.00 $ 2,500.00 $ 5,000.00 $ 1,750.00 $ 3,500.00 $ 2,300.00 $ 4,600.00 16 8 -14 Detectable Warning Surface 55 SF $ 15.00 $ 825.00 $ 60.00 $ 3,300.00 $ 60.00 $ 3,300.00 $ 55.00 $ 3,025.00 TRAFFIC CONTROL DEVICES. 17 8 -22 Thermoplastic Stop Line 50 LF $ 10.00 $ 500.00 $ 10.00 $ 500.00 $ 15.00 $ 750.00 $ 15.00 $ 750.00 18 8 -22 Thermoplastic Crosswalk Line 140 SF $ 8.00 $ 1,120.00 $ 10.00 $ 1,400.00 $ 13.00 $ 1,820.00 $ 8.00 $ 1,120.00 ROADSIDE DEVELOPMENT 19 8 -02 Topsoil Type A 5 CY $ 40.00 $ 200.00 $ 150.00 $ 750.00 $ 75.00 $ 375.00 $ 200.00 $ 1,000.00 20 8 -02 Bark Mulch 5 CY $ 40.00 $ 200.00 $ 150.00 $ 750.00 $ 75.00 $ 375.00 $ 200.00 $ 1,000.00 ESTIMATED CONSTRUCTION COST $ 71,970.00 $ 88,300.00 $ 99,280.00 $ 129,260.00 10% CONTINGENCY $ 7,197.00 TOTAL CONSTRUCTION COSTS $ 79,167.00 loft im TRANSPORTATION COMMITTEE City of Tukwila City Council Transportation Committee Meeting Minutes November 7, 2016 -5.30 P.M. — Foster Conference Room, 630o Building Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Bob Giberson, Ryan Larson, Gail Labanara, Steve Carstens, Scott Bates, and Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Overpass Agreement: Boeing Access Road over BNRR Bridge Rehabilitation Project Staff is seeking Council approval of an Overpass Agreement with BNSF in the amount of $149,428.0o for the Boeing Access Road over BNRR Rehabilitation Project. This is required for construction and maintenance costs related to work over the railroad right -of -way and covers inspection and flagging services required by BNSF. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 21.2o16 REGULAR CONSENT AGENDA. B. Supplemental Agreement: 42r'd Avenue South (South 16oth Street — South 131St Place) Phase III Staff is seeking Council approval of Supplemental Agreement No. 6 to Contract No. 12 -010 in the amount of $218,783.05 with CH2M Hill forthe 42nd Avenue South Phase III Project combined with the Gilliam Creek Culvert design. The project is at 900/6 design and this supplement will redesign the relocation of storm water detention facilities in compliance with the City's shoreline buffer requirements and plan mitigation for landscaping and stream relocation. Additional utility coordination will also be required. Funding for this design is available from the proposed increased construction budget as reflected on the updated CIP page. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 14,2o16 COMMITTEE OF THE WHOLE. C. Bid Award: Tukwila International Boulevard and South ILLth Street Midblock Crossina Staff is seeking Council approval of a construction contract in the amount of $88,300.00 with Westwater Construction Company for the Tukwila International Boulevard and South 144th Street Midblock Crossing. This project will retrofit the crossing with Rapid Flashing Rectangular beacons and ADA compliant curb ramps. Westwater was the low bidder of three bids received in October. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 21, 2o16 REGULAR CONSENT AGENDA. D. Stop Sign and Crosswalk Guidelines Staff provided the Committee with a briefing on how stop signs, crosswalks, speed humps, and speed limit changes get approved for installation. Residents often make requests for traffic calming devices, but the City must follow the 2oog Edition of the Manual on Uniform Traffic W 20 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared b Mayor's - ew Council revinp y 11/21/16 BG W I ITEM INFORMATION rl �Onf IF CAS NUMBER: STAFF SPONSOR BOB GIBERSON ORJG,1NAI, AGENDA DA'FE: 11/21/16 AGENDA Ii'j,,m Trn,i: Boeing Access Rd over BNRR Bridge Rehabilitation BNSF Railroad's Overpass Agreement CATEGORY ❑ Discussion Mtg Date E Motion Mtg Date 111211M ❑ Resolution Mtg Date ❑ Ordinance Mt ,g Date EILBid Aivard Mtg Date F-] Public Hearin ,g Mtg Date EJ Otber Mtg Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police Z PW' SPONSOR'S This Overpass Agreement with Burlington Northern Santa Fe Railroad is for the Boeing SUMMARY Access Road over BNRR Bridge Rehabilitation Project. The Overpass Agreement is required for construction and maintenance costs for work in the railroad's right-of-way and covers inspections and railroad flagging. Council is being asked to approve the Overpass Agreement with BNSF for $149,428.00. RE,V11,1'WLD BY F-1 cow Mtg- ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/7/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Comm"i-fl,"E Unanimous Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $149,428.00 $1,224,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 10, PROPOSED 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/21/16 MTG. DATE ATTACHMENTS 11/21/16 Informational Memorandum dated 11/04/16 Page 10, Proposed 2017 CIP BNSF Overpass Agreement Minutes from the Transportation Committee meeting of 11/07/16 21 22 TO: FROM BY: CC: DATE: City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director Transportation Committee Bob Giberson, Public Works Director Steve Carstens, Senior Program Manager Mayor Ekberg November 4, 2016 SUBJECT: Boeina Access Rd over BNRR Bridae Rehabilitation Proiect Project No. 99410408 BNSF Overpass Agreement ISSUE Approve Burlington Northern Santa Fe's (BNSF) Overpass Agreement. BACKGROUND In October 2013, the City contracted with Jacobs Engineering, Inc. to provide the design for the rehabilitation of the Boeing Access Rd over BNRR Bridge. Since that time, the City has been working with BNSF to finalize an agreement which allows the project to be constructed over their right-of-way. This Overpass Agreement allows the City and its contractor to work in the BNSF right- of-way and pays for required railroad flagging and inspection services performed by BNSF. ANALYSIS BNSF's Overpass Agreement is for required construction and maintenance costs related to the work over the railroad's right -of -way and covers inspection services and flagging required by the BNSF. Attached are the Overpass Agreement, Exhibit A-1 for the flagging services, and Exhibit A- 2 for inspection services. FISCAL IMPACT The Overpass Agreement is within the approved construction management budget which includes a contingency for unanticipated work. Staff is currently working on RFQs for the construction management contract and hopes to advertise for construction bids in early 2017. BNSF Flagging and Inspection RECOMMENDATION Contract CM Budget $149,428.00 $1,224,000.00 Council is being asked to approve the Overpass Agreement with BNSF for the Boeing Access Rd over BNRR Rehabilitation Project in the amount of $149,428.00 and consider this item on the Consent Agenda at the November 21, 2016 Regular Meeting. Attachment: Page 10, Proposed 2017 CIP BNSF C/M Agreement WAPW Eng\PROJECTS\A- RW & RS Projects\Boeing Access Rd Bridge Rehab (99410408)\05 ROW Esmt Permfts\lnfo Memo BNSF CM Ag gl 110416.docx 23 24 CITY OF T0KVNLA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project No. SS41O4O8 D��R|PT|DN� Rehabi|�o�the ex��ngbhdgewdho34U' long ooncm�oru�e|bhdgeaim�uro.|twiUbeO�neo and have a sidewalk on one side. The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete JUSTIFICATION: spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet current bridge standards. 1,249 Type, size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant STATUS: applications were submitted in 2008 and 2010 and the bridge rehabilitation was successful for funding in 2012 for federal bridge funds. A Public Works Trust Fund (PWTF) loan was rescinded in 2013. K0AJN[|K8PACT: Maintenance will bareduced. Bridge will be rehabilitated in phases to allow continued traffic use. Federal bridge grant of $9,745,600 COMMENT: requires a 20% local match. A bond issue for the City match was issued in 2015 with the Interurban Ave S. FINANCIAL Through Estimated EXPENSES Design 1,249 84 20 1,353 Const. Mgmt. 1,224 1,224 Construction 9,745 9,745 TOTALEXPENSES 1,249 84 1 10,989 1 01 01 01 01 01 01 12,322 FUND SOURCES Awarded Grant 905 63 8,777 9,745 Proposed Grant 0 Fund Balance-Bond 344 21 2,212 I MW 2,577 Mitigation 0 on,r-eo22 Capital Improvement Program 10 I MW 1111M I on,r-eo22 Capital Improvement Program 10 W This Agreement ("Agreement"), is executed to ("Effective Date"), by and between BNSF corporation ("BNSF"), and the City of Tukwila, Washington ("Agency"). RECITALS: BNSF File No. BF10009078 Boeing Access Rd U.S. D.O.T. No. 085597G LS 051 MP 07.02OX Seattle Subdivision be effective as of RAILWAY COMPANY, a political subdivision of a Delaware the State of WHEREAS, BNSF owns and operates a line of railroad in and through the City of Tukwila, State of Washington; and WHEREAS, Agency desires to widen and improve the existing structure known as the Boeing Access Rd Bridge, D.O.T. No. 085597G. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1) SCOPE OF WORK 1. The term "Project" as used herein includes any and all work related to the construction of the proposed improvements to the Boeing Access Rd Bridge (hereinafter referred to as the "Structure"), more particularly described on the Exhibit A, which is attached hereto and incorporated herein, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. Additionally, temporary controls during construction must comply with Section 8A-08, "Temporary Traffic Control Zones" of the Manual of Uniform Traffic Control Devices ("MUTCD"), U.S. Department of Transportation. 27 q In consideration of the covenants of Agency set forth herein and the faithful performance thereof, BNSF agrees as follows: 1. Upon Agency's payment to BNSF of an administrative fee in the sum of zero and No/100 Dollars ($0.00), together with the Temporary Construction License Fee in the sum of $0 and No/100 Dollars ($0.00), BNSF hereby grants to Agency, its successors and assigns, upon and subject to the terms and conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter called, "Temporary Construction License") to construct the Structure across or upon the portion of BNSF's right-of-way described further on Exhibit A-1, excepting and reserving BNSFs rights, and the rights of any others who have obtained, or may obtain, permission or authority from BNSF, to do the following: (a) Operate, maintain, renew and/or relocate any and all existing railroad track or tracks, wires, pipelines and other facilities of like character upon, over or under the surface of said right-of-way; (b) Construct, operate, maintain, renew and/or relocate upon said right-of- way, without limitation, such facilities as the BNSF may from time to time deem appropriate, provided such facilities do not materially interfere with the Agency's use of the Structure; (c) Otherwise use or operate the right-of-way as BNSF may from time to time deem appropriate, provided such use or operations does not materially interfere with the Agency's use of the Structure; and (d) Require the Agency or its contractor to execute a Temporary Construction Crossing Agreement, for any temporary crossing requested to aid in the construction of this Project. The term of the Temporary Construction License begins on the Effective Date and ends on the earlier of (i) substantial completion of the Structure, or (ii) eighteen months following the Effective Date. The Temporary Construction License and related rights given by BNSF to Agency in this provision are without warranty of title of any kind, express or implied, and no covenant of warranty of title will be implied from the use of any word or words herein contained. The Temporary Construction License is for construction of the Structure only and shall not be used by Agency for any other purpose, Agency acknowledges and agrees that Agency shall not have the right, under the Temporary Construction License, to use the Structure for any other purpose than construction. In the event Agency is evicted by anyone owning, or claiming title to or any interest in said right-of-way, BNSF will not be liable to Agency for any damages, losses or any expenses of any nature whatsoever. The granting of similar rights to others, subsequent to the date of this Agreement, will not impair or interfere with the rights granted to Agency herein. W. Upon Agency's payment to BNSF of the additional sum of $ zero and No/100 Dollars ($0.00), such payment to be made within thirty (30) days of issuing the Notice to Proceed pursuant to Article 111, Section 16 of this Agreement, and provided further that Agency is in compliance with the term and conditions of this Agreement, BNSF will grant to Agency, its successors and assigns, an easement (hereinafter called, the "Easement") to enter upon and use that portion of BNSF's right-of-way as is necessary to use and maintain the Structure, substantially in the form of Exhibit B attached to this Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in the preceding sentence, BNSF may stop construction of the Project until full payment is received by BNSF. 2. BNSF will furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit D attached hereto and made a part hereof. In the event construction on the Project has not commenced within six (6) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit D not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency, which approval will not be unreasonably withheld. Construction of the Project must include the following railroad work by BNSF: (a) Procurement of materials, equipment and supplies necessary for the railroad work; (b) Preliminary engineering, design, and contract preparation; (c) Furnishing of flagging services during construction of the Project as required and set forth in further detail on Exhibit C; (d) Furnishing engineering and inspection as required in connection with the construction of the Project; (e) Providing a contract project coordinator, at Agency's expense, to serve as a project manager for the Project 3. BNSF will do all railroad work set forth in Article 11, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements, 29 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5. BNSF may charge Agency for insurance expenses, including self-insurance expenses, when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability for injury, loss or death to BNSF's employees, if any. 6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force-account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D. Pursuant to this section and Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past its credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. ARTICLE 111) AGENCY OBLIGATIONS In consideration of the covenants of BNSF set forth herein and the faithful performance thereof, Agency agrees as follows: 1. Agency must furnish to BNSF plans and specifications for the Project. One digital copy of said plans (reduced size 11" x 17"), together with calculations, and specifications in English Units, must be submitted to BNSF for approval prior to commencement of any construction. BNSF will give Agency final written approval of the plans and specifications substantially in the form of Exhibit E, attached to this Agreement and made a part hereof. Upon BNSF's final written approval of the plans and specifications, said plans and specifications will become part of this Agreement and are hereby incorporated herein. Any approval of the plans and specifications by BNSF shall in no way obligate BNSF in any manner with respect to the finished product design and/or construction. Any approval by BNSF shall mean only that the plans and 30 specifications meet the subjective standards of BNSF, and such approval by BNSF shall not be deemed to mean that the plans and specifications or construction is structurally sound and appropriate or that such plans and specifications meet applicable regulations, laws, statutes or local ordinances and/or building codes. 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. 3. Agency must provide for and maintain minimum vertical and horizontal clearances, as required in Exhibit C and as approved by BNSF as part of the plans and specifications for the Project. 4, Agency must acquire all rights of way necessary for the construction of the Project. 5. Agency must make any and all arrangements, in compliance with BNSF's Utility Accommodation Manual (hftp://www.bnsf.com/communities/fags/pdf/utilitv.Dd , for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project.. 6. Agency must construct the Project as shown on the attached Exhibit A and do all work ("Agency's Work") provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. Agency must furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work are as follows: (a) Construction of the Structure; (b) All necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF's right-of-way; (c) Provide suitable drainage, both temporary and permanent; (d) Intentionally left blank; (e) Intentionally left blank; (f) Intentionally left blank (g) Provide appropriate pedestrian control during construction; (h) Intentionally left blank (i) Installation and maintenance of an 8-ft. high fence and/or concrete combination (throw fence) on the outside barrier of the Structure; 5 31 Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 7. Agency must apply and maintain said D.O.T. Crossing number 085597G in a conspicuous location on the Structure. 8. Agency's Work must be performed by Agency or Agency's contractor in a manner that will not endanger or interfere with the safe and timely operations of BNSF and its facilities. 9. For any future inspection or maintenance, either routine or otherwise, performed by subcontractors on behalf of the Agency, Agency shall require the subcontractors to comply with the provisions of the attached Exhibit C and execute the agreement attached hereto as Exhibit C-1. Prior to performing any future maintenance with its own personnel, Agency shall: comply with all of BNSF's applicable safety rules and regulations; require any Agency employee performing maintenance to complete the safety training program at the BNSF's Internet Website "httg://bnsfcontractor.com/"; notify BNSF when, pursuant to the requirements of Exhibit C, a flagger is required to be present; procure, and have approved by BNSF's Risk Management Department, Railroad Protective Liability insurance. 10. Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Additionally, Agency must require its contractor(s) to notify BNSF's Manager of Public Projects thirty (30) calendar days prior to commencing work on BNSF property or near BNSF tracks. 11. Agency or its contractor(s) must submit a digital of any plans (including calculations in English Units) for proposed shoring, falsework or cribbing to be used over, under, or adjacent to BNSF's tracks to BNSF's Manager of Public Projects for approval. The shoring, falsework or cribbing used by Agency's contractor shall comply with the BNSF Bridge Requirements set forth on Exhibit F and all applicable requirements promulgated by state and federal agencies, departments, commissions and other legislative bodies. If necessary, Agency must submit a digital copy of a professionally engineered demolition plan, as set forth in Exhibit G, with applicable calculations to BNSF's Manager of Public Projects. 12. Agency must include the following provisions in any contract with its provider(s) performing work on said Project: (a) The Provider is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSF's property or right-of-way. The locations of these Lines have been 9 32 included on the plans based on information from the telecommunications companies. The Provider will be responsible for contacting BNSF and the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Provider must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The Provider must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) The Provider will be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Provider must cooperate fully with any telecommunications company (ies) in performing such rearrangements. (c) Failure to mark or identify these Lines will be sufficient cause for BNSF to stop construction at no cost to the Agency or BNSF until these items are completed. (d) In addition to the liability terms contained elsewhere in this Agreement, the Provider hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Provider, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Provider, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right-of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). THE LIABILITY ASSUMED BY PROVIDER WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Agency's employees against BNSF, its agents, servants, employees or otherwise, and Agency expressly waives its immunity under the industrial insurance act 33 (RCW Title 51) and assumes potential liability for all actions brought by its employees. 13. Agency must require compliance with the obligations set forth in this agreement, including Exhibit Q and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor (i) the provisions set forth in Article III and IV; and (ii) the provisions set forth in Exhibit C, Exhibit C-1, and Exhibit F attached hereto and by reference made a part hereof, 14. Except as otherwise provided below in this Section 13, all construction work performed hereunder by Agency for the Project will be pursuant to a contract or contracts to be let by Agency, and all such contracts must include the following: (a) All work performed under such contract or contracts within the limits of BNSF's right-of-way must be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF; (b) Changes or modifications during construction that affect safety or BNSF operations must be subject to BNSF's approval; (c) No work will be commenced within BNSF's right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; and (d) To facilitate scheduling for the Project, Agency shall have its contractor give BNSF's representative four (4) weeks advance notice of the proposed times and dates for work windows. BNSF and Agency's contractor will establish mutually agreeable work windows for the Project. BNSF has the right at any time to revise or change the work windows, due to train operations or service obligations. BNSF will not be responsible for any additional costs and expenses resulting from a change in work windows. Additional costs and expenses resulting from a change in work windows shall be accounted for in the contractor's expenses for the Project. (e) The plans and specifications for the Project must be in compliance with the Bridge Requirements set forth on Exhibit F, attached to this Agreement and incorporated herein. 15. Agency must advise the appropriate BNSF Manager of Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency must notify BNSF's Manager of Public Projects, in writing, of the 34 date on which Agency and /or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 16. TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF, ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES) OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (1N WHOLE OR IN PART) (1) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS AGREEMENT, (111) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY'S BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT GRANTED TO AGENCY PURSUANT TO ARTICLE 11 OF THIS AGREEMENT, (V) ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN ARTICLE 11 OF THIS AGREEMENT, (VI) AGENCY'S OCCUPATION AND USE OF BNSF'S PROPERTY OR RIGHT -OF -WAY, INCLUDING, WITHOUT LIMITATION, SUBSEQUENT MAINTENANCE OF THE STRUCTURE BY AGENCY, OR (VII) AN ACT OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES, EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Agency's employees against BNSF, its agents, servants, employees or otherwise, and Agency expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. 17. Agency must give BNSF's Manager of Public Projects written notice to proceed ( "Notice to Proceed ") with the railroad work after receipt of necessary funds for the 0 35 Project. BNSF will not begin the railroad work (including, without limitation, procurement of supplies, equipment or materials) until written notice to proceed is received from Agency. ARTICLE IV) JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1. All work contemplated in this Agreement must be performed in a good and workmanlike manner and each portion must be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF will be subject to BNSF's written approval prior to the commencement of any such changes or modifications from the NW Division Manager Engineering Services. 2. The work hereunder must be done in accordance with the Bridge Requirements set forth on Exhibit F and the detailed plans and specifications approved by BNSF. 3. Agency must require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule due to inclement weather or unforeseen railroad emergencies will not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations of either (BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property. BNSF will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this Agreement by BNSF. 4. BNSF will have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) performs the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors), in BNSF's opinion, prosecutes the Project work in a manner that is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the Temporary Construction License or the Easement pursuant to Article 11, Section 1 of this Agreement. The work stoppage will continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division 10 36 Engineer or until proof of additional insurance has been delivered to and accepted by BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, BNSF may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of BNSF BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Robin Tischmak City Engineer City of Tukwila 00 Southcenter Blvd, Suite 1 Ot Tukwila, WA 98188 5. Agency must supervise and inspect the operations of all Agency contractors to ensure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF If BNSF determines that proper supervision and inspection are not being performed by Agency personnel at any time during construction of the Project, BNSF has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the Project will not proceed until Agency corrects the situation to BNSF's reasonable satisfaction. If BNSF feels the situation is not being corrected in an expeditious manner, BNSF will immediately notify Robin Tischmak City Engineer City • Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 for appropriate corrective action. 6. Agency agrees to provide, to the BNSF Manager Evidence Preservation, such Project documentation and records as are agreed to between the parties including: any project applications; any letters of approval and/or authorization forms (eg. PR-1240 or the equivalent); any and all payment Voucher forms requesting FHWA reimbursement (eg. PR-20 or the equivalent) or any other such project authorization or funding records as BNSF may request from time to time. Such records will be provided by the Agency to BNSF on a mutually agreeable schedule or within two (2) months after such records are generated or received by the Agency. Section 130 Documentation shall be provided to BNSF in the one of the following manners: 11 37 Manager Evidence Preservation 2600 Lou Menk Drive, AOB-3 Fort Worth, Texas 76131 Or electronically to: Manager Evidence Preservation Section130 @bnsf.com 7. Pursuant to this section and Article 11, Section 6 herein, Agency must reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement (including taxes, such as applicable sales and use taxes, business and occupation taxes, and similar taxes), less BNSF's Share as set forth in Article IV, Section 6 herein. BNSF's Share must be paid upon completion of the Project. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorneys fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorneys fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. 8. All expenses detailed in statements sent to Agency pursuant to Article 11, Section 6 herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23 Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of Transportation, as amended from time to time, which manual is hereby incorporated into and made a part of this Agreement by reference. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in Article 11, Section 2 herein are part of the costs of the Project even though such work may have preceded the date of this Agreement. 9. The parties mutually agree that neither construction activities for the Project, nor future maintenance of the Structure once completed, will be permitted during the fourth quarter of each calendar year. Emergency work will be permitted only upon prior notification to BNSF's Network Operations Center (telephone number: 800 832-5452). The parties hereto mutually understand and agree that trains cannot be subjected to delay during this time period. 10. Subject to the restrictions imposed by Article IV, Section 9 above, the construction of the Project will not commence until Agency gives BNSF's Manager of Public Projects thirty (30) days prior written notice of such commencement. The commencement notice will reference D.O.T. Crossing No. 085597G and must state the time that construction activities will begin, 12 ai] 11. In addition to the terms and conditions set forth elsewhere in this Agreement, including, but not limited to, the terms and conditions stated in Exhibit F, BNSF and Agency agree to the following terms upon completion of construction of the Project: (a) Agency will own and maintain, at its sole cost and expense, the Structure, the highway approaches, and appurtenances thereto, lighting, drainage and any access roadways to BNSF gates installed pursuant to this Agreement. BNSF may, at its option, perform maintenance on the Structure in order to avoid conflicts with train operations. BNSF will notify Agency prior to performing any such maintenance on the Structure. In the event such maintenance involves emergency repairs, BNSF will notify Agency at its earliest opportunity. Agency must fully reimburse BNSF for the costs of maintenance performed by BNSF pursuant to this subsection (b). (b) Agency must, at Agency's sole cost and expense, keep the Structure painted and free from graffiti. (c) Agency must provide BNSF with any and all necessary permits and maintain roadway traffic controls, at no cost to BNSF, whenever requested by BNSF to allow BNSF to inspect the Structure or to make emergency repairs thereto. (d) It is expressly understood by Agency and BNSF that any right to install utilities will be governed by a separate permit or license agreement between the parties hereto. (e) Agency must keep the Structure and surrounding areas clean and free from birds, pigeons, scavengers, vermin, creatures and other animals. (f) If Agency (including its contractors and agents) or BNSF, on behalf of Agency, performs (i) alterations or modifications to the Structure, or (ii) any maintenance or other work on the Structure with heavy tools, equipment or machinery at ground surface level horizontally within 26-0" of the centerline of the nearest track, or (iii) any maintenance or other work outside the limits of the deck of the Structure vertically above the top of the rail, then Agency or its contractors and/or agents must procure and maintain the following insurance coverage, which may be changed from time to time: Railroad Protective Liability insurance naming only BNSF as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 12 04 and include the following: 13 39 • Endorsed to include the Pollution Exclusion Amendment • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to BNSF prior to performing any work or services under this Agreement • Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. As used in this paragraph, "BNSF' means "Burlington Northern Santa Fe, LLC", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. In lieu of providing a Railroad Protective Liability Policy, Agency may participate in BNSF's Blanket Railroad Protective Liability Insurance Policy if available to Agency or its contractors. The limits of coverage are the same as above. 12. Agency hereby grants to BNSF, at no cost or expense to BNSF, a permanent right of access from Agency property to BNSF tracks for maintenance purposes. 13. Agency must provide one set of digital as-built plans (prepared in English Units) to BNSF, as well as one set of computer diskettes containing as built CAD drawings of the Structure and identifying the software used for the CAD drawings. The "as built plans" must comply with the Bridge Requirements set forth on Exhibit F and depict all information in BNSF engineering stationing and mile post pluses. The "as built plans" must also include plan and profile, structural bridge drawings and specifications, and drainage plans. All improvements and facilities must be shown. 14. Subject to the restrictions imposed by Article IV, Section 9 above and in accordance with the requirements of Article 111, Section 9 above, Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects before entering BNSF's right-of-way for INSPECTION OR MAINTENANCE purposes, and the BNSF Manager of Public Projects will determine if flagging is required. If the construction work hereunder is contracted, Agency must require its prime contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. Agency will be responsible for its contractor(s) compliance with such obligations. 15. In the event that BNSF shall deem it necessary or desirable in the future, in the performance of its duty as a common carrier, to raise or lower the grade or change the 14 W alignment of its tracks or to lay additional track or tracks or to build other facilities in connection with the operation of its railroad, BNSF shall, at its expense, have full right to make such changes or additions, provided such changes or additions do not change or alter the Structure herein proposed to be constructed and provided further, however, that should it become necessary or desirable in the future to change, alter, widen or reconstruct the Structure to accommodate railroad projects, the cost of such work, including any cost incidental to alteration of railroad or highway facilities made necessary by the alteration of the Structure shall be the sole responsibility of Agency. 16. Agency may, at Agency's sole expense, alter or reconstruct the highway components of the Structure if necessary or desirable, due to traffic conditions or pedestrian or other recreational traffic, provided, however, that any such alteration or reconstruction must receive BNSF's prior written approval as evidenced by either a supplement to this Agreement, or execution of a new agreement that provides for the termination of this Agreement. Furthermore, any alteration or reconstruction of the highway components of the Structure will be covered by a Commission Order. 17. Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Washington and the Federal Highway Administration, for a period of three (3) years from the date of final BNSF invoice under this Agreement. 18. The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Notwithstanding the preceding sentence, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 19. In the event construction of the Project does not commence within eighteen months of the Effective Date, this Agreement will become null and void. 20. Neither termination nor expiration of this Agreement will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 21. To the maximum extent possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity and the remainder of the provision will be enforceable. 22. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and Agency 15 41 with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. 23. Any notice provided for herein or concerning this Agreement must be in writing and will be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: AM4 AGENCY: 42 BNSF's Manager of Public Projects Richard W Wagner 2454 Occidental Avenue South Ste 2D Seattle, WA 98134 206.625.6152 Richard.Wa-qner(a)-BNSF.com Robin Tischmak City Engineer City of Tukwila 6300 Southcenter Blvd, Suite 1 Tukwila, WA 98188 (206) 431-2455 1 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first above written. WITNESS: WITNESS: 17 In Printed Name: Richard Wagner Title: Manager Public Projects NW Division — ID, WA & BC AGENCY CITY OF TUKWILA, WASHINGTON In Printed Name: Allan Ekberg Title: Mayor, City of Tukwila 43 mmm-v [Insert drawing of the Project and/or Structure] 18 EVA EXHIBIT A M. I7 47 'RUSSELL H. FLUENT, CHAIPkAR ARCHIE E. PHELPS COMMISSIONER, FIRST DISTRICT COMMISSIONER. SECOND DISTRICT KING COUNTY COMMISSIONERS 402 COUNTY -CITY BUILDING SEATTLE December 12, 1944 Department of Highways Transportation Building Olympia, Washington Dear Sir: Attention: Earl F. Dickinson JOS. A. WHETS76N6 COMMISSIONER. THTRD DISTRICT This will acknowledge receipt of duly executed agreement be- tween Oregon - Washington Railroad & Navigation Company, Union Pacific Railroad Company, State of Washington and County of King. In accordance with your request of December 5, 1944, this document has been recorded in the office of the King County Auditor in volume 2290 of Deeds at Page 409 and bears the County Auditorts File No. 3433396. Very truly yours, BOARD OF COUNTY COMMISSIONERS ROBERT A. MORRIS, Cl k o Board By Deputy ICES : ym cc- S.murray, Resident Engineer Operating Dept.,IInion Pacific R.R.Co., 828 Pittock Block Portland 5, Oregon IF- i. L t •_•t �yy i I T s e s T 4 A Otru or UO 0" U%Wfir" "Onty (120 1 feet 9"0 all to 14 tu Nowsb"at % Ortar. of thio wutbweet %OUL"W Imi of 8") Of "*sign TU** (a), To" On-t3%otbl" 9 23) Worth,, mmge Four (4) ftat or thanoll"1111-to mdrMum I - tight (it V*V br UW xavw*w Comparq* 104"d to the Union POOLtio ft*)XOS4 � "O that lies VIVU& otx+#y (40) t00%* meaurod at r ani$U*# as each side at * *ad -PeraUol with the hwatroafter 4eii4rib" ester Ilse of* A40,000 good, Boelpa we ft Plantoo DAs-V 1 ('86) at agme to nurvVpd, lobato4, aiid stalted out,, over and asrost sold rigbt of MI. Said oantiW Una of �,#*exs Road as surveyed* loosted 4md otakod outi, over and aorass seld riot, of w&y and other property boing demorib*d an Vollows to-wits S491nains at apotat. on the north UU4 South aeater 34ne of said Peatlon three (3) that Is on h=.43*d r1 'W— %W9 alit" aWfen W4118 (Mov) feet diount 0outh ftbo tho aghter of Said G"tion meagm,*4 along sold north ajad dovWx Cautex lino l theuae masterly 610na a stv"Isht line 4"t romm an 114$10 Of OlgUty-ftUr d0pe*G abd thirtjVwV*Ur MIAUtOf (84'0 340) from wix*4b to weist with said north and souft centeir line of -`,leotim Throe (Z) a diatar-as of SOVOA hundVed fOrtYWOOM OA4 MIZ tOU+.hS 041.6) toot to a point in the avater It-no *f the main t"ok of said ,,"Irom4 QoMwq at, railroad %"ay rUtjou L,65 ptuo 32,7 which equols i�oaoas R*ad x-Iurvey Station 13 plus 59*361 said fitVuLOt line fOXWz an auGle of aixty-oover. dogrees and twenty-six minutes (67° set) r"t .peat to parth Vith a tanaesit to 061d mj'n track at ieeilrood :',,'urVey JVotion 265 plus 1E.171 theuoe 0011tinuing r-eaterly 44014[" said strpaif�ht line a diatatee of two hundrod tit--Jtty emid twfanty-eit-Mti hun4redths (;W0,28) feet to i -Oeers N064 "'mrvey sztatiaft- le Plun 19,094, 14"he a harelabotare desoribed is 'shown "a rovra4onted U7 yollow 4010r an ilvlawtug Nov woo date4 'Wuly 201, 19j, hw*oto annexed,, marked "Imbibit --,I OnA UY this rerc-Tan ce mde a part Or this (b) JA 44dttlan thereto, tba AaLlroad t;ompanioe so far as tboy lawfully may do a*, hereUy grant to the 3tate wW county, oubjeas to e*ob and all of the Vimm-g provlelouxt# eanditioltaq 50 :A r,:fii �o-'6ea. :p z ; �+ a.;• i n; . €.. ,,�, rik•,;,r, $:. 10st-dosarlbed proVertr is shown amd Sndloated by atom eolei t 3 on p blt A hereto, j le pr sOs 81 OVO ASSOrl'41W U Vafteftpbs (a) and (t� i. Mall be used tM U is WW Oounty only for IOU yuooses agar** said and not Otherwise, Orul It at axay t! U* pperiy of s l �riies b�ifaba rare WS s"tt*A da; 'ibodp or ! fI� pact or Parts therOmfo EMU POSMUOntly O"AW to be nab for Ow (! pUr#0800 of ratald or *hall be umA far Pia utbarlmA E �; t�ssrz the aa. t hAV07 Granted as to suok fir; ovorst or O'er a 4411 agave and t t#. (d) The right* h by~ gated sboU be and a ro jjbjaat tsar all OUtstan4l2w, superior rlehty, whether pubile or p;rivaatet gad f e%tei'ii 1MW or !`I'fifsl*ftle thozvot i attd the IUV*d CoMeataM i She riaAt to use tho proporty baa!etn W*V* d egorl tr for. ate' WA a PWPOSOO not UUOU618tent Idth the li4maso P"01t a sses at I heray tea. and partutllarly "WWvO t ri $, aMpD 4*% to a%JA I i 004smals U *Of otmO adfditiefal treehs teaks or #aeiUtxss jVq&& alongv ever, wear, or ,eras the areas de*fvitq,, at any tbW arA ac'a +fa t $0 t o so erjd whan tbo a04%*rMln*, 51 bftr 404 pad' all %i#- 8 AAd 8300 # ve or as cisa , qtr k1w or waws, algr.6"Out 10TU4 or asap -easod upon or upinst the vpr&v w dd In thls Fu =00tim j j tlat t eas l vtod vpm am Ag a lnet the saw as a ca a0*4 part of the Asilt"d Corfani eas' p"yor ► loba MAIO of a as a wbolt* to to rerAmm or qt t4 4f, keep.* 0.6e M pew a Of the 1CM40 v i"emiso Ott 41110" mss oovowats of tbs's the sia l 000841" may$ Von 61TW to 00 Ou a v 04, •a 52 TIC "m agroemant aka of %he dad' am Year ttrat he wrtt . Approved as o fo _- � day of.. .19 ...y.:.. u AL l ft�ow a yi4 �' 4 T ti i 91 ward Of I;Oun*wy d4�wdjp- �slorro mr Uu "Msy , 53 E-4 = 0 43 54 C:I W4 IL 0 r=4 O ;*4 A bdD UN 4-4 43 cd 4-') to o; to (D • U UN .4 ca 55 56 VOL4CUU, PAGEU04 4:2 �Ts' R. W. 4431 The NORTHERN PACIFIC RAILWAY,CCQFA.NY, a VTisconsin (;orporation, hereinafter' referred to, as the "Railway Company ", does hereby in con- sideration ;of One,!)ollar, to.it in hand paid, the receipt whereof is hereby`,:ackno4ledged, 'a of-the agreemntai,herein contained, GRANT to the STATE OF ViASBINGTON,• hereinafter called the "State" permission save as herein li ted, to,use for highway - purposes, in common with the us a of said Rai w Company for° railroad purposes, and to construct - thereover an overhead Access: Read Viaduct to carry traffic from East Marginal Way to Empire_ Way for the Boeing Aircraft Corporation near the south city limits of the-City of Seattle, in the location indicated on the attached plat =prepared in 'tie Office of the Assistant Chief Engineer of said'Rai Company, dated April 7th 1944 and identified as' Exhibit "A". o- ,wit ... ; .. : Qt A, strip of land one hundred twenty (120) feet in width, or sixty .(60) feet wzde as a permanent easement on each side of the .center'line of said Access Road. over and across that portion of its raz7road right of way in tha, North half of southneat quarter (ijo €sw-'I of section three, (3), taynship twentst, -three (23)t'-to Aih of;range four'(4; east of the Willem- , ette Meridian, ahown;outliued'in RED on'said plat attached hereto nd'msde ,a s' identified as Exhibit "A" s (to- part�hQraof° la, total of 20C fest�ar " "'100 f ®oach with slopes not to exceed ether .with "the rz t to encroach pt on either sidle of said highway centerline far highway approach embankments. The rights hereby granted'are, subject, however, to any and all exis -blkg rights of,'the Railway Company and 'to, any permits and leases that ,may heretof ore 'have been granted by said Railway Company across or along said above described premises. - j The State shall Fit ,its 'sold cost and expense provide and maintain connections With any`,'OkIsting'oulverts' "or such additional culverts as the �Rai.lway,.Crnn airy may,= eleot`tc eonstruot so as to'diveit the drainage through thy, higiwvy. grade .on ,the easeiwnt' strip. If at &ry time in the future, due to the construction or . improvement of s aid , highway , drainage conditions should require" a ,dhange in tie existing culverts or the placing of any new culverts throughthe 'roadbed of the Railway Company, the State shall bear the entire expens`0,of donstrgction of same ~ `and shall, provide such additional culverts as may', be necessary to keep tha" Railway Company's right of way free from accumulation of v6ter. The State sh "all indemnify and` "nave 'harmless the Railway Company from any and all claims for flood damage due to the constructionof said highway across the Railway.Company ►s right of 'way., The State also .agrees "that in removing anow from said Highway and fr.cm'6aid overhead Viaduct to perform the i1ork in such a manner so as not to deposit'tly snow on the "roadbed and tracks of the Railway Co>apar3Y. in tIM'6vent the construction snd maintenance of said highway shall interfere with or .damage t2z poles .'and, wires of the Railway Company or the Western'-Union Telegraphy Company or, other Telegraph or Telephone Company doing business wit3 the poneet*, of eai d'` Rai•7aray Company; the l Uilway Cotapmw =W p ' ' 'or fepaif'hzq* danage� done thereto and the relooata 3a3d ` olesE �usd ,wires State shall pay all post of 0uch work. upon preae"ntation of bills therefor. 1. voL2300 pAcE583 The State agrees to,indemnifyf and save harmless t}n Railway Company and any other, RaiNey Company that say be using its tracks with ita consent, from any and`, all lose, cost, damage or expense arising in any p rof to ra k herein provided b forreA'bytle Sateo s contotor„regardlessof whether cost, damage of"expense arises out of damage to or destruction of the property of tha,7#ailway Company or of any person, firm or corporation whatsoever, or,�;ut of ,claims for personal injuries or death. Dated t w `day of ].944 s RN PACIFIC .RATiWAY CohIFANY, J Yr r rye. icoPreaide Attest: Accepted: Secretary. STATE OF'4ASHINVTCE, Departmeri `Higbways,` ; By Director of: °Highways. STATE OF MINNESOTA (am CoUnty ,of Ramsey. k On this' . day of `1944, me pars onally appeared , W. tk`an to me known to be the Vice President of tYa, corporation ' t -tea that t within and foregoing instrume,3A,'and acknow edged said instrument to be the free and voluntary eot.and dead of said ''eoxpII t' on; for the uses and purposes therein mentioned, and on oatYi "stated that he was atkthorised to execute said instrument and that floe seal 'affixed is the corporate seal of said corporation. IN WITZSESS WffEI�E(F I';have hereunto sat my hand and affixed my offigi'el seal the clay; mod• year first above written. r ' 0,t] 11. of 016 'R0 EAT . . _ MAW , I 2 W EASEMENT 3441262 M-8 61 MA va006 m417 5��c d 2 E gEXENT The PACIFIC COAST R. R. CO., a Washington corporation, hereinafter referred to as the "Railroad Company," does hereby, in consideration of One Dollar to it in hand paid, the receipt whereof is hereby acknowledged, and of the agreements herein con- tained, GRANT to the STATE OF WASHINGTON, hereinafter called the "State," permission, save as herein limited, to construct an Overhead Access Road Viaduct over a strip of land and to maintain and use said Viaduct for highway purposes to carry traffic from East Marginal Way to Empire Way for the Boeing Airplane Company near the south city limits of the City of Seattle, in the location indicated on the attached plat prepared in the office of the As- sistant Chief Engineer of the Northern Pacific Railway Company, dated April 7th, 1944 and identified as Exhibit "A ",to -wit: A strip of land one hundred twenty (120) feet in width, or sixty (60) feet wide as a per - manent easement on each side of the center line of said Access Road over and across that portion of its railroad right of way in the North half of Southwest quarter (N* of SWJ) of Section three (3)0 Township twenty -three (23) North of Range four (4) East of the Willamette Meridian, shown outlined in RID on said plat attached hereto and made a part hereof, identified as Exhibit "A." The rights hereby granted are subject, however, to any and all existing rights of the Railroad Company and to any permits and leases that may heretofore have been granted by said Railroad Company across or along said above described premises. Said Viaduct shall be constructed in such a manner and of sufficient height above Railroad Company's existing tracks so that the use of said tracks for railroad purposes will not be interfered with and the maintenance of overhead electric power lines for use by Railroad Company or any lessee of its, will not be prevented. The State, at its sole cost and expense, shall provide and maintaiii connections with any existing culverts or such addi- tional culverts as the Railroad Company may elect to construct so as to divert the drainage through the highway grade on the ease- ment strip. If at any time in the future, due to the construction or improvement of said highway, drainage conditions should require a change in the existing culverts, or the placing of any new cul- verts through the roadbed of the Railroad Company, the State shall bear the entire expense of construction of same and shall provide such additional culverts as may be necessary to keep the Railroad Company's right of way free from accumulation of water. The State shall indemnify and save harmless the Rail- road Company from any and all claims for flood damage due to the construction of said highway across the Railroad Company's right of way. The State also agrees that., in removing,snow from said highway and from said overhead Viaduct, it will perform the work . in such a manner as riot to deposit the snow on the roadbed and tracks of the Railroad Company. W �(1} 63 r In the event the construction and maintenance of said highway shall interfere with or damage the poles and wires of the Railroad Company or the Western Union Telegraph Company or other telegraph or telephone company doing business with the consent of said Railroad Company, the Railroad Company may re- locate said poles and wires or repair any damage done thereto and the State shall pay all cost of such work upon presentation of bills therefor. The State agrees to indemnify and save harmless the Railroad Company and any other Railway Company that may be using its tracks with its consent, from any and all lass, cost, damage or expense arising in any manner out of the performance of any of the work herein provided to be performed by the State or its contractor, regardless of whether such loss, cost, damage or expense arises out of damage to or destruction of the property of the Railroad Company or of any person, firm or corporation whatsoever, or out of the claims for personal injuries or death. In case said Viaduct shall at any time finally cease to be used for highway purposes, or by operation of law or other- wise becomes vacated or abandoned, this easement and all rights hereunder granted shall immediately cease and terminate and if Railroad Company elects, State shall remove said Viaduct at State's expense, DATED this day of 1946. PACIFIC COAST R. R. CO. At Accepted: STATE OF WASHINGTON, Department of Highways, By Director o Highways .• ', (2) =21506 FAA19 STATE OF WASHINGTON � SS COUNTY OF KING ) A On this 2 Ag day of ,, 1946, before me personally appeared and,,��'1)V S to me known to be the President and Secretary, respective Sy, of ,PACIFIC COAST R. R. CO., the corporation that exe- cuted the within and foregoing instrument and acknowledged said in- strument to be the free and voluntary act and deed of said corpora- tion for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal the day and year in this Certificate first above written. Notary Pub is 3n and for the State of Washington, reaiding at r rhea tdr Recwo 1� �/3d Request af�� ROSERT; M KRIS. my Aud4or 65 3--m EASEME.NT t_ FILED for -RecA at Request ot Q m f 1 i S+i ill 2 t� ►':� Co Q Cl . ty Tp w LL m AcceSS ►goads Sec.Z - Segf"le To IR n+.ri 3oC M3 �Vrc ra �-� Pl q n+5 66 �... � J +� , „y ta...w ni,uw.an. \'.,1 � �✓ ""`�Ier/�".., .. � � `t..�� N %u, IA , ,Y*^ N t (6"s �1.h.. ^�. �" �m p Mx � n I J I ss ✓ � a 4 y N I4 °G m' d n n > tl i. ro ^ 3 r w u� t,,W r� E %HltilT a f'M .4 P7fW,"F n4 .yb4 .�w.v „. y .�.... ......,. .. y, w.,_..,.,.m.. 3X'i,S %{.,Fr . n w 4 . >,. e.a„r.i�M, �r ✓ a .x s,. 1N ra. .fir �re "',c e,< 'rG`,.�..,IL/f.�rl a,. >, v, o+n. J61% Asr~"J=' ANNNMNW� WAILWAY EXHIBIT VICIN CONTRACTOR REQUIREMENTS 1.01 General: 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of Boeing Access Road Bridge. 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C -1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214 -303- 8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work 34 Z ANNENNW� NAACWAY - on the Project, Railway agrees to immediately notify the following individual in writing: Robin Tischmak City Engineer City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Desk: (206) 431-2455 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify City of Tukwila Washington at and Railway's Manager Public Projects, telephone number ( L at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF- UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and 35 70 A081 ,VAIZ WAY calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site hftl2:1/bnsfcontractor.com/. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer at ( and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 36 71 ASr~"A#=' AMMMMMMM� RA A4 ;;_Y 7A 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15'-0" Horizontally from centerline of nearest track ® 21'-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: * 25' Horizontally from centerline of nearest track ■ 23' 6" Vertically above top of rail 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Tukwila Washington and must not be undertaken until approved in writing by the Railway, and until the City of Tukwila Washington has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Tukwila Washington for approval before work is undertaken and this work must not be undertaken until approved by the Railway. 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the 37 72 ' AM RAILWAr expense of the Contractor. 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site hftp://bnsfcontractor.com/, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. 38 73 A RA /L WAY The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at http://www.e-railsafe.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone _) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 39 74 NA IL;;A Y • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.06.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by City of Tukwila Washington. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. 40 75 "~.SrAr=- R.411C W.4 r • 1.05.03d The average train traffic on this route is 36 freight trains per 24-hour period at a timetable speed 50 MPH and 24 passenger trains at a timetable speed of 79 MPH. 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be 41 76 Ayr~ 'F' I7AAMAY reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832 -5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, hftp : / /bnsfcontractor.com /, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above - the -ankle lace -up and a defined heel; and d) high visibility retro- reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi- visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. Nt OTE Should there be a discrepancy between the information contained on the web site and the information in this Para-graph, the web site will govern.) 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25' -0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY /RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAYS REPRESENTATIVE. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage M RA 11;;A7 Y unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative ( ). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 43 W AirAW"A#=' AUMMWW� RAIZZY 1.08 Hazardous Waste, Substances and Material Reporting: 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. 44 79 AISr~"A#=' ' AM &.4 At WAY NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger an train (C) F] Non-Employee (N) (e, empufaflotherradmBdar fla,74NV amp invakediflyableleard4kal iflZAV&7§ company vehicles) F—] Contractor/safety sensitive (F) [_] Contractor/non-safety sensitive Q F] Volunteer /safety sensitive H F—] Volunteer/other non-safety sensitive (1) F1Non-trespasser (0) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates F1Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates 0 Non-trespasser (d) - Off railroad property If train involved, Train 10: Transmit attached information to Accident /incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Repartina.Center@BNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 49D 45 m NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REGUIREO TO BE COLLECTED PURSUANT TO FEDERAL REGULATION, IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT Is NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St: County: k1l ❑U❑ U110F 1LJLdL1UJ1) Mile Post / Line Segment: S. Driver's License No (and state) or other 10: B. Name (lost, first, mi): 7. Address: 8, Date of Birth: phone Number: 9. Injury: (iz, Laceration, Etc.) 11. Description of Accident (To include location, action, result, Etc.): 12. Treatment: F� First Aid Only F-1 Required Medical Treatment F-1 Other Medical Treatment 13. Dr. Name: 14. Dr. Address: Street: 15. Hospital Name: 16. Hospital Address: Street: 17. Diagnosis: City: City: 2. Date: 3. Temperature: City: and/or Age: (if available) Employer: Time: 4. Weather: SSN (required): St: Zip: Gender: 10. Body Part: Date: (i.e,, Hand, etc.) St: Zip: St: Zip: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 i EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: Boeing Access Rd Bridge (085597G) Widening <%Contractor. Legal Name%> [insert contractor's legal name here] (hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated , 201_, [***Drafter's Note: insert the date of the contract between the Agency and the Contractor here] with City of Tukwila WA for the performance of certain work in connection with the following project: Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Tukwila WA (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of Railway or its contractors, 47 of 62 M. agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or employees and (b) Contractor, its subcontractors, agents or employees, this provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, agents or employees. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor's employees against Railway, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 48 of 62 F.*N 2) TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: + Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability + Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. + The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. 49 of 62 M, B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage * Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: * Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: * Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. * No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, 50 of 62 M. custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BINISFOcertfocus.com www.certfocus.com 51 of 62 L-* I • Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity 52 of 62 RYA provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. 53 of 62 FOP Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (httn://www.bnsf.com/communities/faqs/Sermits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss 54 of 62 • of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative ) _ (_J weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. 55 of 62 M IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. <%Contractor.Leqa11Name%> In Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: 56 of 62 BNSF Railway Company M Name: Richard W. Wagner Manager Public Projects NW Division Accepted and effective on 2016. 91 57 of 62 r []ate: Mr./M8. Exhibit E [Public Projects a [Name of Agency Here] [Address for Agency] Re: Final Anornvo| of Plans and Specifications dated . 20_, drafted by [insert name of architecture or engineering firm here] (hereinafter called, the "Plans and Specifications") Dear This letter serves as BNSF RAILWAY COMPANY's ("BNSF") final written approval of the Plans and Specifications covering the construction Of [insert description of the project here]. This final written approval is given to [insert name of Agency here] ("Agency") pursuant to Article |||. Section 1 of that certain Underpass Agreement between BNGF and Agency. dated 20 ' which this Exhibit Eio attached 10 and made o part thereof. If the Plans and Specifications are revised by Agency subsequent to the date set forth above, this letter shall no longer serve as final written approval of the Plans and GoeoifiooUona and Agency must resubmit said Plans and Specifications to BNSF for final written approval. It is understood that the approvals contained in this letter do not covmr, the approvals of plans and specifications for any to|sevvorh, ahoring, and demolition that may be subsequently submitted to BN8F by CITY or its contractor for approval. BNSF has not reviewed the design details or calculations for structural integrity or engineering accuracy. BNSF accepts no responsibility forerrorsoromissions in the deeiqnVf the mroient. Regards, [Public Projects Manager's Name] �� Exhibit F BNSF Bridge Requirements BRIDGE DESIGN, PLANS & SPECIFICATIONS: Except for the design of temporary falsework and shoring, BNSF review of the Structure plans will be limited to the vertical and horizontal clearances, sight distance for existing train signals, foundation dimensions and drainage characteristics as they relate to existing and future tracks. BNSF will not review structural design calculations for the pennanent Structure unless a member or members are influenced by railroad live loads. Temporary falsework and shoring plans and calculations must be reviewed and approved by BNSF prior to beginning construction. The Agency shall perform an independent review of the design calculations for temporary falsework and shoring prior to submitting them to BNSF for approval. Temporary construction clearances must be no less than 15 feet measured horizontally from the centerline of the nearest track and 21 feet -6 inches measured vertically from the top of rail of the most elevated track to the bottom of lowest temporary falsework member. State regulatory agencies may have more restrictive requirements for temporary railroad clearances. For the permanent Structure, the Agency will submit plans showing the least horizontal distance from the centerline of existing and future tracks to the face of the nearest member of the proposed Structure. The location of the least horizontal distance must be accurately described such that BNSF can determine where it will occur in both the horizontal and vertical plane. If the permanent member is within 25 feet of the nearest track (or future track), collision walls shall be incorporated into the permanent Structure design according to American Railway Engineering and Maintenance Association Manual of Recommended Practice - Chapter 8 - Article 2.1.5. For the permanent Structure, the Agency will submit plans showing the least vertical clearance from top of the most elevated rail of existing and future tracks to the lowest point of the proposed Structure. A profile of the existing top of rail elevation shall be plotted on the bridge plans. The profile shall extend for 500 feet in each direction of the proposed Bridge and a separate profile shall be plotted for each track. If the existing top of rail profile(s) is not uniform such that a sag exists in the vicinity of the proposed Structure, the permanent Structure vertical clearance shall be increased sufficiently to accommodate a raise in the track profile to remove the sag. Prior to beginning construction of the permanent Structure, the top of rail elevations should be checked and verified that they have not changed from the assumed elevations utilized for the design of the bridge. Prior to issuing any invitation to bid on construction of the Structure, the Agency should conduct a pre -bid meeting where prospective Providers have the opportunity to communicate with BNSF personnel regarding site specific train speeds, train density, and general safety requirements for men and equipment working near live tracks. Any invitation to bid and 59 of 62 b specifications for the Structure must be submitted to BN6F for review and approval prior to letting nfbids for the Project. BRIDGE (}N: After awarding the bid, but prior to the Provider entering 0NSF`s —way or property, the Agency should conduct a pre-construction meeting with BN8F personnel ill attendance to reiterate the safety requirements of construction activity adjacent to live tracks. [}uhxg construction, BN0F may require an independent engineering inspector to be present during ccdoio critical activities of the Project, including but not |inohcd to: driving foundation piles, erecting bzlmcvvork, construction of shoring and retaining *a|io, placing concrete, placing uni| b4okfii\ and compaction processes. The Agency shall reimburse BNSF for all costs of supplemental inspection services, Within 90 days of the conclusion of the Project and final acceptance bvBNSFthe Agency will provide BY4SFvvith anoozpinte electronic set ofthe bridge plans labeled ^\Am Built`. Those plans will reflect any and all deviations from the original plans that occurred during construction. The ^^/\m Built" plans will be submitted in Micro Station *.dgn c|cotnoniu format (preferred) or /\utoCAD *.dvvg fboou1. ElcotnVolc plans are 1n be submitted in the original format used for CAD p)uo preparation and not converted to another format prior to submission. Actual measured "as constructed" clearances shall be shown uswell aa depth, size and location of all foundation components. The plans shall show dimensioned locations nf existing and relocated The Agency will be responsible for maintenance and repair nfthe Structure including the earth retention components, embankment slopes, erosion control, surface drainage, fencing, deck drains, landscaping, paint, vvu|knmvn, handrails, lighting, and other improvements associated with the Project. Fencing and other pedestrian access controls within BNSF`s and incorporated into the Project shall be designed and maintained 6v the Agency. Trespasser control shall be the responsibility of the Agency. Graffiti removal will be the responsibility of the Agency. BRIDGE INSPECTION: The Agency will conduct annual roxduc structural inspections. Lu the event ofuu fire, flood, damage from vehicular impacts nc other emergent situations, the Agency will provide ou immediate inspection bvqualified personnel and notify IBNSFof damage that may affect safe passage of trains. lf necessary the Agency will eo`hacgn weights or provide lane closures or H-17-W.-N other such measures to protect the structural integrity of the Structure such that there can be continuous safe passage of trains until repairs are made. BRIDGE ALTERATIONS: Except as provided otherwise by this Agreement, there will be no alterations made to the Structure that will alter the railroad vertical or horizontal clearances provided by the original design. Pipelines will be not be added or attached to the Structure without first submitting plans and calculations to BNSF for review and approval. 61 of 62 •• Exhibit G Avenue Grade Separation Project Estimated Total Project Cost 62 of 62 97 •• tMej A-1 12, AUTHORITY FOR EXPENDITURE .............. LOCATION BOEING ---------- LINE SEGMENT 51 ------ - ---------- -------- ------ — - --------------- AFENUMBER ------- PLAN(TEM NUMBER 229244001 MILEPOST 77,02 RFA NUMBER 5928516 PROPERTY OF BNSF RAILWAY COMPANY DIVISION N\V CPAR NUNIBER CF1960016 OPERATED BY BNSF RAILWAYCOMPANY SUBDIVISION SEATTLE BUDGETYEAR 2016 JOINT FACILITY CI"TYOF TUKWILA TRACK TYPE 3 BUDGETCLASS 6 BILLABLE 1000 TAX STATE %VA REPORTING OFFICE 716 -- - ------- ----------- --- -------- ...... SPONSOR VP ENGWEEREN'O -------- - -------------------- - -------------- CENTER/ROLLUII --------------- -- -------------- --------------- 29125 — ----- PURPOSE, JUSTIFICATION AND DESCRIPTION, 0 0 0 PIP ENGINEERING INSPECTION N%VN DIV SEATTLE SUB LS 51 NIP 7 02X - DOT P 085597G - BOEING ACCESS BRIDGE. 100',6 BILLABLE TO CITY OF TUKWILA, WA PRINIARY FUNDM SOURCE IS CITY FUNDS - BUY AMERICAN) APPLIES 1* PLAN ITEM LINE SEG BEG NIP END NIP TRKNBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR 229244001 51 702 702 3 BOEING BOEING INSPECTOR/ COORDINATOR 2016 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REP NUMBER 5928516 COSTING DATE 05/11/3016 Page 1 of 2 HUNTED ON 051130-016 ESTIMATED BY Elkins PRINTED BY Elkins I CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 0 0 NIATEP IAL COSTS 0 0 0 0 0 0 OTHER COSTS 0 0 0 0 46,662 46,662 TOTALS 0 0 0 0 46.662 46662 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REP NUMBER 5928516 COSTING DATE 05/11/3016 Page 1 of 2 HUNTED ON 051130-016 ESTIMATED BY Elkins PRINTED BY Elkins I NI.AINTAI,', PROPRIETARY CONFIDEN"fiALI'F)' BN'SF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF 1 UKWILA LOCATION BOEING DETAILS OF ESTIM.Al E PLAN ITEM 229244001 VERSION I PURPOSE, JUSTIFICATION AND DESCRIPTION 11111 ENGINEERING INSPECTION NWIN DIV SEATTLE SUB LS 51 MP 7 02,X - DOT 9 035597G - BOEING ACCESS BRIDGE - 100%5 BILLABLE TO CITY OFTUKWILA, WA REQUESTOR TYLER SCOT-rGEYER05(09/16 PRIMARY FUNDING SOURCE IS CITY FUNDS as BUY AMERICAN) APPLIES " DESCRIPTION QUANTITY UNI COST TOTALS LABOR adiaadia is TOTAL LABOR COST 0 0 NIATEFUAL ........... ToTAI, MATERIAL COST 0 0 OTHER .......... ENGINEERING INSPECTION 4 0 LS 42,000 TOTAL OTHER ITEMS COST 42,000 42,000 PROJECT SUBTOTAL 42,000 CONTINGENCIES 4,200 BILL PREPARATION FEE 462 GROSS PROJECT COST 46,662 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 46,662 Page 2 of 2 100 LOCATION BOEING PLANITFM NUMBER 229244000 PROPERTY OF BNSF RAILWAY CONIPANY OPERATED B Y BNSF RAILWAY COMPANY JOINT- FACILITY CITY OF 7UKWILA % BILLABLE (+/-) 1000 AUTHORITY FOR EXPENDITURE LINE S E GN I ENT 5I MILEPOST 7 02 DIVISION NW SUBDIVISION SEATTLE TRACK TYPE 3 TAX STATE WA SPONSOR VP ENGINEERING AFE NUMBER, CASH CAPITAL REA NUMBER 5925416 CPAR NUNIBER CB960016 BUDGET YEAR 2016 BUDGET CLASS 6 REPORTING OFFICE 716 CENTERJROLLUP 29123 7, gy e — —e- fr, I IL PURPOSE, JUSTIFICATION AND DESCRIPTION PIP FLAGGING NWN DIV SEATTLE SUB LS 51 NIP 7 02X - DOT' 085597G - BOEING ACCESS BRIDGE - 100',6 BILLABLE TO CITY OF TUKWILA, %VA PRINIARYFUNI)MG SOURCE IS CITY FUNDS - BUYANIERICA(N) APPLIES - PLAN ITENI LINE SEG BEG NIP END NIP TRK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR 229244000 51 702 702 3 BOEING BOEING FLAGGING 2016 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REF NUMBER 5928416 COSTING DATE 05/11/2016 Page 1 of 2 PRINTED ON 0513'2016 ESTINIATED BY Elkins PRINTED BY Elkins 101 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS_ LABOR COSTS 0 0 0 0 84,999 84,999 NIATERIAL COSTS 0 0 0 0 0 0 OTHER COSTS 0 0 0 0 17,767 17,767 TOTALS 0 0 0 0 102,766 102,766 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REF NUMBER 5928416 COSTING DATE 05/11/2016 Page 1 of 2 PRINTED ON 0513'2016 ESTINIATED BY Elkins PRINTED BY Elkins 101 NIAINTAINPROPRIEI'ARYCONFIDENTIALITY B,",'SF R-All- WAY COMPANY FT IPM ESTINIATE FOR CITY OF TLJKWILA LOCATION BOEING DETAILS OF ESTIMATE PLAN ITEM 229244000 VERSION I PURPOSE, JUSTIFICATION AND DESCRIPTION PIP FLAGGING NWN DIV SEATI LF SUB LS 51 Nit' 1.02X - DOT 9 0855970 BOEING ACCESS BRIDGE - 100% BILLABLE TO CITY OF TUKwILA WA REQUESTOR TYLER SCOTT GEYER05/09116 PRINIARYFUNDENG SOURCE IS CITY FUNDS BUYANIERICA(N) APPLIES DESCRIPTION QUANTITY LIN I COST TOTAL $ LABOR «...... « «. FLAGGING - GRADING - CAP PAYROLL ASSOCIATED COSTS DA OVERHEADS EQUIPMENT EXPENSES INSURANCE EXPENSES TOTAL, LABOR COST -.1 ........ MATERIAL TOTAL MATERIAL COST .......... OTHER RENTAL VEHICLE TOTAL OTHER ITEMS COST PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE GROSS PROJECT COST LESS COST PAID BY BNSF TOTAL BILLABLE COST 102 Page 2 of 2 900 0 NTH 27,731 18,213 26,929 7,470 4,656 75 0 DAY 84,999 84,999 0 7,500 7,500 7,500 92,499 9,249 0 102,766 TRANSPORTATION COMMITTEE City of Tukwila City Council Transportation Committee Meeting Minutes November 7, 2016 -5.30 P.M. — Foster Conference Room, 630o Building Councilmembers: Dennis Robertson, Chair; Verna Seal, De'Sean Quinn Staff: David Cline, Bob Giberson, Ryan Larson, Gail Labanara, Steve Carstens, Scott Bates, and Laurel Humphrey CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Overpass Aareement: Boeina Access Road over BNRR Bridae Rehabilitation Proiect Staff is seeking Council approval of an Overpass Agreement with BNSF in the amount of $149,428.0o for the Boeing Access Road over BNRR Rehabilitation Project. This is required for construction and maintenance costs related to work over the railroad right -of -way and covers inspection and flagging services required by BNSF. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 21.2o16 REGULAR CONSENT AGENDA. B. Supplemental Agreement: 42r'd Avenue South (South 16oth Street — South 131St Place) Phase III Staff is seeking Council approval of Supplemental Agreement No. 6 to Contract No. 12 -010 in the amount of $218,783.05 with CH2M Hill forthe 42nd Avenue South Phase III Project combined with the Gilliam Creek Culvert design. The project is at 900/6 design and this supplement will redesign the relocation of storm water detention facilities in compliance with the City's shoreline buffer requirements and plan mitigation for landscaping and stream relocation. Additional utility coordination will also be required. Funding for this design is available from the proposed increased construction budget as reflected on the updated CIP page. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 14,2o16 COMMITTEE OF THE WHOLE. C. Bid Award: Tukwila International Boulevard and South ILLth Street Midblock Crossina Staff is seeking Council approval of a construction contract in the amount of $88,300.00 with Westwater Construction Company for the Tukwila International Boulevard and South 144th Street Midblock Crossing. This project will retrofit the crossing with Rapid Flashing Rectangular beacons and ADA compliant curb ramps. Westwater was the low bidder of three bids received in October. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 21, 2o16 REGULAR CONSENT AGENDA. D. Stop Sign and Crosswalk Guidelines Staff provided the Committee with a briefing on how stop signs, crosswalks, speed humps, and speed limit changes get approved for installation. Residents often make requests for traffic calming devices, but the City must follow the 2oog Edition of the Manual on Uniform Traffic 103 104 COUNCIL AGENDA SYNOPSIS Meefi,g Date Pre aced by Major,s review Council review 11/14/16 B ❑ Resolution Mtg Date ❑ Ordinance Mt g Date 11/21/16 BG n Otber M1g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fite [:] IT ❑ P&R ❑ Police ❑ PV SPONSOR'S This Supplemental Agreement No. 6 with CH2M Hill is for the 42nd Ave S Phase III Project SUMMARY This Supplement includes redesign and relocation of the storm water detention facilities in order to comply with the City's shoreline buffer requirements for Gilliam Creek. It also includes additional work with Seattle City Light, easements, and geotechnical services. Council is being asked to approve Supplemental Agreement No. 6 to Contract No. 12-010 with CH2M Hill for $218,783.05. REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/07/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTFIEUnanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE ExPi,'1NDITLJRI:,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $218,783.05 $211k and $73k $0.00 Fund Source: 103 RESIDENTIAL STREETS& 412 SURFACE WATER (PAGE2 & 100, PROPOSED 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM INFORMATION ITEMNO. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON I ORIGINAL, AGENDA DATE: 11/14/16 AGENDA ITEM TITLE 42nd Ave S Phase III (S 160th St - Southcenter Blvd) Supplemental Agreement No. 6 with CH2M Hill CATEGORY Z Discussion Mig Date 11114116 Z Motion MtS Date 11121116 ❑ Resolution Mtg Date ❑ Ordinance Mt g Date n.BidAward Mt g Date ❑ Public.Hearin ,g Date Mt g n Otber M1g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fite [:] IT ❑ P&R ❑ Police ❑ PV SPONSOR'S This Supplemental Agreement No. 6 with CH2M Hill is for the 42nd Ave S Phase III Project SUMMARY This Supplement includes redesign and relocation of the storm water detention facilities in order to comply with the City's shoreline buffer requirements for Gilliam Creek. It also includes additional work with Seattle City Light, easements, and geotechnical services. Council is being asked to approve Supplemental Agreement No. 6 to Contract No. 12-010 with CH2M Hill for $218,783.05. REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Z Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/07/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTFIEUnanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE ExPi,'1NDITLJRI:,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $218,783.05 $211k and $73k $0.00 Fund Source: 103 RESIDENTIAL STREETS& 412 SURFACE WATER (PAGE2 & 100, PROPOSED 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting 11/21/16 MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 11/04/16 Page 2 and 100, Revised Proposed 2017 Supplement Agreement No. 6 to Contract No. 12-010 Minutes from the Transportation Committee meeting of 11/07/16 11/21/16 No attachments I 105 106 Meelhi ,g Dale Prepared by Mayors "I view Council review 11/14/16 PMC ❑ Resolution At g Date Z Ordinance Aig Date 11121116 11/21/16 PMC F-1 Other Nltg Dale SPONSOR ❑ Council ❑ Mayor ❑ FIR ❑ DCD E]Eina&-e ❑ Fire ❑ TS ❑ P&R E] Polwe ❑ PV SPONSOR'S The Council is being asked to approve three property tax ordinances for the 2017 property SUMMARY tax levy - one to authorize the levy, the second to approve an increase in the levy from the previous year and the third to declare a substantial need so that the full 10/0 property tax increase can be assessed. Rj-,, V I j,"W i 1' 1) 13 y ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMIT= CHAIR: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department Comm"'-'T'U, Directly to C.O.W. per FS Chair and Council President COST IMPACT / FUND SOURCE ExPI3NI)IT0R1,1' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM INFORMATION ITEMNO. 107 STAFF SPONSOR: PEGGY MCCARTHY I ORIG INA]. AGFINDA 11/14/16 A(3EINDA I•n,',m Ti,rjs? Approve property tax ordinances for 2017 property tax levy. CATEGORY Z Disxfsion Mt Daie 11114116 ❑ Motion Mtg Date ❑ Resolution At g Date Z Ordinance Aig Date 11121116 F-I.BidAxard Mi g Date ® Pub&+Ieafing MtS Dale 11114116 F-1 Other Nltg Dale SPONSOR ❑ Council ❑ Mayor ❑ FIR ❑ DCD E]Eina&-e ❑ Fire ❑ TS ❑ P&R E] Polwe ❑ PV SPONSOR'S The Council is being asked to approve three property tax ordinances for the 2017 property SUMMARY tax levy - one to authorize the levy, the second to approve an increase in the levy from the previous year and the third to declare a substantial need so that the full 10/0 property tax increase can be assessed. Rj-,, V I j,"W i 1' 1) 13 y ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMIT= CHAIR: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department Comm"'-'T'U, Directly to C.O.W. per FS Chair and Council President COST IMPACT / FUND SOURCE ExPI3NI)IT0R1,1' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 11/9/16 Draft Ordinances and Preliminary Levy Limit Worksheet 11/21/16 Ordinanres (3) 107 WT.* City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2017, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE PURPOSE OF PAYING DEBT SERVICE ON THE CITY'S UNLIMITED TAX GENERAL OBLIGATION BONDS ISSUED IN 2016, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2017 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the following sentence is provided for information only: The maximum Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which includes $0.225 for the Firemen's Pension Fund as allowed by RCW 41.16.060; and WHEREAS, the City, pursuant to an ordinance adopted by the City Council, has authorized the issuance and sale of $36,500,000 principal amount of the City's Unlimited Tax General Obligation Bonds, 2016 (the "Bonds "), and has determined that to provide the money necessary to pay the debt service requirements on the Bonds in the year 2017 an excess property tax levy in the amount of $2,699,000 for the Bonds must be levied in year 2016, and collected in year 2017; and WHEREAS, the final assessed valuation calculation has been determined; W: Word Processing \Ordinances \General Tax Levy + Excess Levy 11- 9- 16.doc vc:b)s Page 1 of 3 109 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular and Excess Tax Levy. A. There shall be and hereby is levied on all real, personal and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $5,751,820.403 current taxes for the ensuing year commencing January 2017, in the amount and at the rates specified below: Rate Amount Regular Tax Levy $2.58 $15,200,000 Excess Tax Levy $0.47 $ 2,699,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2017. C. The excess levy is levied for the purpose of debt service payments on the unlimited tax obligation bonds sold to finance costs related to the City's Public Safety Plan, as submitted to the qualified electors of the City at a special election held on November 8, 2016. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non-chartered code cities. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2017. W: Word ProcessingkOrdinanceskGeneral Tax Levy + Excess Levy 11 -9-16.doc Page 2 of 3 VC:bjs 110 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy OFlaherty, MMC, City Clerk 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\General Tax Levy + Excess Levy 11-9-16.doc VC:bjs Page 3 of 3 111 112 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE LIMITING FACTOR FOR THE REGULAR PROPERTY TAX LEVY ABOVE THE RATE OF INFLATION (IMPLICIT PRICE DEFLATOR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered its budget for the 2017-2018 biennium; and WHEREAS, in the course of considering the 2017-2018 biennial budget, the City Council reviewed all sources of revenue and examined all anticipated expenses and obligations; and WHEREAS, due to the needs regarding parks, residential and arterial streets, City facilities, and police and fire services, the City Council found there is substantial need to increase the regular property tax limit factor above the rate of inflation; and WHEREAS, the City Council desires to continue that rate in order to meet service needs in the City in 2017 and beyond; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular Tax Levy. The City Council of the City of Tukwila finds there is substantial need to increase the regular property tax limit factor above the rate of inflation, and hereby establishes that the limit factor for the regular levy for the calendar year 2017 shall be 101% of the highest amount of the regular property taxes that could have been lawfully levied in Tukwila in any year since 1985. 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\Property tax levy limiting factor 11 -1 -1 6.doc Page 1 of 2 VC:bjs 113 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 and effect January 1, 2017. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2016. ATTEST/AUTHENTICATED: Christy OFlaherty, MMC, City Clerk 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\Property tax levy limiting factor 11 -1 -1 6.doc VC:bjs 114 Page 2 of 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2017, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing held on November 14, 2016, pursuant to RCW 84.55.120; and WHEREAS, after such hearing and after duly considering all relevant evidence and testimony presented, the City Council has determined that in order to discharge its expected expenses and obligations the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State- assessed property; and WHEREAS, the City Council has determined it is in the City's best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2017, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State-assessed property, is hereby authorized for the 2017 levy in the amount of $131,254, which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of State-assessed property, any annexations that have occurred and refunds made. W: Word Pror-essing\Ordinances\Regular Tax Levy Increase 11-1-16 Page 1 of 2 VC:bjs 115 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2017. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy OFlaherty, MMC, City Clerk 00wim 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\Regular Tax Levy Increase 11-1-16 VC: bjs 116 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Meelily ,g Dale Prepared by Mayors review review 11/14/16 PMC [_-] Resolution M�g Date Z Ordinance MIS Dale 11121116 11/21/16 PMC ❑ 01ber YVItg Dale SPONSOR ❑ Counc7l ❑ Mayor [:]FIR ❑ DCD Z.Finance Ej Fire ❑ TS E].P&R ❑ Police ❑ PIF SPONSOR'S The 2016 year-end budget modification amends the 2015-2016 biennial budget. Council is SUMMARY being asked to review and approve the ordinance authorizing the amendments. RiJ,XiF'1WF1D BY ❑ cow Mtg. Z CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/8/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department Comm"ITEF Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exj)i,"Nl)]'I'URl-'Rl3(,)Ulltl,' 'D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM INFORMATION ITEM NO. 4.C. 117 Fr,\1,'F'SP0NS0R: PEGGY MCCARTHY 11/14/16 I,n.,"m Trri,i, Approve year-end 2016 budget amendment ordinance CAITGORY Z Discussion . � Dale 11114116 W/ ElMotion Ml� Dale [_-] Resolution M�g Date Z Ordinance MIS Dale 11121116 F_I .Bid Award MIS Dale Z Pubficfleafil� YW g Dale 11114116 ❑ 01ber YVItg Dale SPONSOR ❑ Counc7l ❑ Mayor [:]FIR ❑ DCD Z.Finance Ej Fire ❑ TS E].P&R ❑ Police ❑ PIF SPONSOR'S The 2016 year-end budget modification amends the 2015-2016 biennial budget. Council is SUMMARY being asked to review and approve the ordinance authorizing the amendments. RiJ,XiF'1WF1D BY ❑ cow Mtg. Z CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/8/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department Comm"ITEF Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exj)i,"Nl)]'I'URl-'Rl3(,)Ulltl,' 'D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 11/2/16 Ordinance in draft form Year-end budget amendment detail - narrative and spreadsheet formats Ordinance 11/21/16 117 118 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2458, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2015 -2016 BIENNIUM, TO ADOPT AN AMENDED YEAR -END BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 17, 2014, Ordinance No. 2458 adopted the 2015 -2016 biennial budget of the City of Tukwila; and WHEREAS, on November 14, 2016, following required public notification, the City Council conducted a public hearing on the proposed 2016 Year -End Budget Amendment to the 2015 -2016 Biennial Budget; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2458 is hereby amended with the City Council's adoption of the document entitled " 2016 Year -End Amendment to the 2015 -2016 Biennial Budget," attached hereto and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.200. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund amended and the aggregate budget totals are as follows: FUND EXPENDITURES REVENUES 000 General $130,749,947 $130,749,947 103 Residential Street 13,135,671 13,135,671 104 Arterial Street 38,986,080 38,986,080 105 Contingency 6,078,6321 6,078,632 109 Drug Seizure 755,000 755,000 301 Land Acquisition 6,602,0001 6,602,000 Aggregate Budget Totals $196,307,330 $196,307,330 W: Word Processing \Ordinances\Budget amendment -2015 -2016 year -end 11 -1 -16 Page 1 of 2 VC:bjs 119 Section 3. Copies on File. A copy of this amending ordinance shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney the City Clerk and the code reviser are authorized to make necessary I corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect 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/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk:— Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: 2016 Year-End Budget Amendment to the 2015-2016 Biennial Budget W: Word Processing\Ordinances\Budget amendment-2015-2016 year-end 11 -1 -16 VC:bjs 120 Page 2 of 2 City of Tukwila 2016 Year -End Budget Amendment - Draft Ordinance Detail Reconciliation of Budget Amendment ORIGINAL AMENDED 2016 Year -Enc AMENDED Summary to Ordinance BUDGET BUDGET 2015 Amendment BUDGET 2016 EXPENDITURES Total Expenditures Total Expenditures Expenditure amendment Total Expenditures 000 General $ 125,817,778 $ 128,196,824 2,553,123 750,000 1,900,000 275,000 575,000 - 2,600,000 - $ 130,749,947 101 Hotel /Motel 2,597,316 2597,316 2,597,316 103 City Street 11,081,721 12,385,671 13,135,671 104 Arterial Street 35,906,080 37,086,080 38,986,080 105 Contingency 5,703,632 5,803,632 6,878,632 109 Drug Seizure Fund 180,000 180,000 755,000 200 LTGO Bonds 1,415,333 1,415,333 1,415 333 211 Limited Tax G.O. Refunding Bonds, 2008 1,623,400 1,623,400 1,623,400 212 Limited Tax G.O. Bonds, 2009A 866,315 438,355 438,355 214 Limited Tax G.O. Bonds, 2010A 1,172,100 1,172,100 1,172,100 216 Limited Tax G.O. Refunding Bonds, ValleyComm 229,800 229,800 229,800 217 2011 Refunding Bonds 1,095,500 1,095,500 1,095500 218 2014 Urban Renewal 226 ,260 226,260 226,260 206 LID Guaranty 669,000 669,000 669,000 233 2013 LID 2,400,813 2,949,390 2,949,390 301 Land Acquisition, Park Devl. 3,902,000 4,002,000 6,602,000 302 Facility Replacement 10,582,204 8,719,204 8,719,204 303 General Government Improvements 901,000 901,000 901,000 304 Fire Improvements 550,200 550,200 550,200 401 Water 18,422,000 17,699,000 17,699,000 402 Sewer 19,986,000 21,871,000 21,871,000 411 Foster Golf Course 4,181,494 4,181,494 4,181,494 412 Surface Water 20,429,000 20,173,000 20,173,000 501 Equipment Rental 11567,136 11,608,610 11,608,610 502 Insurance Fund 14,280,958 13,274,958 13,274,958 503 Insurance - LEOFF 1 Fund 1,772,191 1,510,191 1,510,191 611 Firemen's Pension 1,617300 1,617,300 1,617300 Total $ 299,176531 $ 302,176,618 $ 8,653,123 is 310,829,741. REVENUES Total Revenues Total Revenues Revenue amendment Total Revenues 000 General $ 125,817,778 $ 128,196,824 2,553,123 750,000 1,900,000 27-5,000 575,000 - 2,600,000 $ 130,749,947 101 Hotel /Motel 2597,316 2,597,316 2,597,316 103 City Street 11,081,721 12,385,671 13,135,671 104 Arterial Street 35,906,080 37,086,080 38,986,080 105 Contingency 5,703,632 5,803,632 6,078,632 109 Drug Seizure Fund 180,000 180,000 755,000 200 LTGO Bonds 1,415,333 1,415,333 1,415333 211 Limited Tax G.O. Refunding Bonds, 2008 1,623,400 1,623,400 1,623,400 212 Limited Tax G.O. Bonds, 2009A 866,315 438,355 438,355 214 Limited Tax G.O. Bonds, 2010A 1,172,100 1,172,100 1,172,100 216 Limited Tax G.O. Refunding Bonds, ValleyComm 229,800 229,800 129,800 217 2011 Refunding Bonds 1,095,500 1,095,500 1,095,500 218 2014 Facility 226,260 226,260 226,260 206 LID Guaranty 669,000 669,000 669,000 233 2013 LID 2,400,813 2,949,.390 2,949,390 301 Land Acquisition, Park Devl. 3,902,000 4,002,000 6,602,000 302 Facility Replacement 10582,204 8,719,204 8,719,204 303 General Government Improvements 901,000 901,000 901,000 304 Fire Improvements 550,200 550,200 550,200 401 Water 18,422,000 17,699,000 17,699,000 402 Sewer 19,986,000 21,871,000 21,871,000 411 Foster Golf Course 4,181,494 4,181,494 4,181,494 412 Surface Water 20,429,000 20,173,000 20,173,000 501 Equipment Rental 11,567,136 11,608,610 11,608,610 502 Insurance Fund 14,280,958 13,274,958 13,274,958 503 Insurance - LEOFF 1 Fund 1,772,191 1,510,191 1,510,191 611 Firemen's Pension 1,617 300 1,617,300 1,617,300 Total $ 299,176531 $ 302,176,618 $ 8,653,123 $ 310,829,741 11/2/2016 121 2016 Year End Budget Amendments 2016 Departmental Expenditure Reductions Salary & Other Total benefits TOTAL DEPARTMENTAL EXPENDITURE REDUCTIONS $ $ MAYOR (115,000) (115,000) 000.03.512 ]UD|O41 000.03.512.500.41.00 PROFESSIONAL SERVICES (DIUUO 000.03.513 EXECUTIVE 000D3.513.100.41.02 PROFESSIONAL SERVICES MISC. (50'000) 000.03.558 PLANNING &[Oy0N1NTYDEVELOPMENT 000.03.558.700.41.00 PROFESSIONAL SERVICES (45'000) CITY ATTORNEY (170,000) (170,000) 000.06.515.3004II8 SPECIAL MATTERS (100/}00 O00.O .S�.300.41.0} PROFESSIONAL SERVICES (70,000) COMMUNITY DEVELOPMENT (40,000) (160,000) (200,000) 000.08.558.501 BLDG, PERMITS, PLAN REVIEW 000.08.558.501.11.00 SALARIES (120,000) 000.08.558.501.21.00 FICA (8,000) 000.08.558.501.23.00 PER6 (lO'OUO) 000.08.558.501.24.00 INDUSTRIAL INSURANCE (S,UOU) 000.08.558.501.25.00 K8 ED] CAL, DENTAL, UFE,OPT|CAL (I0,000) 000.08.558.501.25.97 SELF INSURED MEDICAL &DENTAL (7,000) 000.08.558.501.49.02 MISCELLANEOUS (40,000) PUBLIC WORKS (80,000) (93,000) (173,000) 000.13.518.300.11,00 SALARIES (20'000) 000.13.518.300.25.00 MsD}[ALDENTAL,VFE,OPT|O\L (6'000) 000.13.543.130 ENGINEERING PLANS AND SERVICES 000.I3.543.130.11.00 SALARIES (55'000) 000.13.54].1]0.25.97 SELF INSURED W1ED|CAL&DENTAL (12,000) 000.13.543.130.41.00 PROFESSIONAL SERVICES (00,000) 00015.576.800 GENERALPADK8 000.15.576.80021.00 SALARIES (60/}00 000.15.576.800.25.97 SELF-INSURED MEDICAL& DENTAL (8,000) FINANCE (215,000) (70,000) (285,000) 000.05.514.230.11.00 SALARIES (40,000) 00005.514.I30.12.00 EXTRA LABOR B0,000 000.05.514.230.49.03 CLAIMS AND JUDGMENTS (215,000) 2016 Year End Budget Amendment Detail 2016 Increase (Decrease) Ref Explanation I Acct Desc Beg Fund Expense Revenue End Fund I Balance Balance GENERAL FUND POLICE DEPARTMENT Category 2 - Revenue Backed - 318,896 " 318,896 - 1 Reimbursement from the Washington Auto Theft Prevention P WATPA grant 112,100 Authority ( WATPA) grant for salary and benefits for a i revenue (detective assigned as a Auto Theft Task Force (ATTF) ,Salaries 84,300 Detective. Began July 1, 2015. This item was presented to -•- - -- - -- _ _. 27,$00 4 Finance & Safety Committee at the March 22, 2016 meeting. !Benefits 2 I Reimbursement of salary and benefits for an officer assigned I WSCJTC BLEA 126,200 Ias a trainer at the Washington State Criminal Justice Training reimbursement Center ( WSCJTC) for the Basic Law Enforcement Academy — I g Salaries 90, 000 (BLEA), began June 1, 2015. Three year agreement. This { Benefits - - 36,200 i item was presented to Finance & Safety Committee at the IMarch 22, 2016 meeting. p 3 P COPS grant; previously the grant expenditure budget was Grant revenue 51,500 reduced by the grant revenue and no grant revenue budget 1- ---, . _ __..._. _ ..._.. _ Salaries iwas recorded. This amendment corrects for this by adding 1_ _ __ _ __ _ . _. _ 27,100 the revenue budget and the corresponding expenditure E Benefits 24,400 budget. This item was presented to Finance & Safety Committee at the March 22, 2016 meeting. 4 Boeing Founders Day Event - reimburseable services provided; Security Revenue 29,096 by three departments - Police, Fire and Technology Services Overtime 25,075 f I Benefits 4,021 Category 3 - Carryovers }. _ _._ . 383,000 (383,000) 5 !Spillman Records Management System carryover from 2N 1- 5. 1 Capital asset 137,000 The 2015 budget was not used and is being carried to 2016. G iThe system has been acquired and will be paid for in entirety in 2016. 6 tSpillman Records Management System carryback from 2017 Capital asset 246,000 !The system was acquired and implemented ahead of I schedule; it will be paid for in entirety in 2016. The 2017 budget is therefore moved to 2016. 7 Police Department Total - 701,896 318,896 (3831000)' FIRE DEPARTMENT Category 2 - Revenue Backed i 37,805" 37,805 8 I Boeing Founders Day Event - reimburseable services provided ISecurity Revenue 37,805 I by three departments - Police, Fire and Technology Services I Overtime 31,217 { I Benefits 6,588 9 Are Department Total G b 37,805. 37,805 11/3/2016 1 2�of 5 2016 Year End Budget Amendment Detail 1 2016 Increase (Decrease) Ref Explanation I Acct Desc Beg Fund " Expense I Revenue End Fund fi Balance Balance MAYOR & CITY ATTORNEY Category 1- Existing Service Levels or Plans 285,000 ) 285,000, , 10 6 Reduce budget for under expenditures I See expenditure (115,000) I(reduction list 11 1City Attorney, reduce for under expenditures ISee expenditure (170,000)', reduction list f Category 3 - Carryovers ( 93,179 (93,179); 12 jLazerfiche Rio digital records software upgrade. This item Isoftware 93,179 {was presented to the Finance and Safety Committee on i March 22, 2016. 13 "Mayor Total (191,821), 191,8211 COMMUNITY DEVELOPMENT (200,000)' 200,0!00 Category 1- Existing Service Levels or Plans i _ —..___ _....____.__._-- 14 (Reduce budget for underexpenditures I See expenditure (40000)! reduction list 15 4 Reduce budget for underexpenditures - salary & benefits ISee expenditure (160;000)- ! reduction list 16 (Community Development Total I (200,000); 200,000' PUBLIC WORKS & STREETS Category 1- Maintain Current Service Levels I (66,000) 66,000 _ .__ _ _' Pro 17 Move property insurance from Finance to Public Works f Property - 107;000 I Facilities I Insurance 18 (Reduce budget for underexpenditures ISee expenditure (80;000)- reduction list 19 i Reduce budget for underexpenditures salary &benefits (See expenditure (93,000) reduction list 20 Public Works Total (66,000); 66,000 PARKS & RECREATION Category 1- Existing Service Levels or Plans ! (28,000) 28,000 21 E Reduction for underspending in Parks - salary & benefits ISee expenditure (68,000)" `reduction list 22 REACH after school program staffing Extra labor 40,000 Category 2 - Revenue Backed ; 50,200 36,950 (13,250) 23 j Revenue and expenditures for the expanded preschool l Revenue 21,750 program; increased services were approved by Council at the Salaries .5 to .75 13,485 August 3, 2015 regular council meeting. This amendment ".F1�E._ _ __.... _ _.. ._.._ ! adjusts the 2016 budget for these increased services. [-Extra-Labor"' Extra Labor 8;813 ! I Benefits 11,102 ; Supplies __..... 1,100 _ Prof Services 24 ~Partners in Com munity Health _ (PICH _ ) grant _ additional _ funding Revenue 500 15,200 !through supplemental grant awards. Approved by Council at - — -- - -- -- _ (the 9/19/16 meeting. j Expenditures 15,200 25 4 Parks & Recreation Total B 22,200 36,950 14,75!3 124 11/3/2016 2 of 5 2016 Year End Budget Amendment Detail 2016 Increase (Decrease) Ref Explanation 0 Acct Desc Beg Fund Expense Revenue End Fund Balance Balance FINANCE Category 1- Existing Service Levels or Plans (392,000) 392,000 26 ; Reduce budget for underexpenditures I See expenditure (215,000); reduction list 27 Reduce budget for underexpenditures - salary & benefits ! See expenditure (70,000)' reduction list 28 , Move property insurance from Finance to Public Works Property (107,000) (Facilities I Insurance 29 ; Finance Total (392,000) 392,000,, TECHNOLOGY& INNOVATION SERVICES Category 1 Existing Service Levels or Plans 110,000 - (110,000)` 30 (Additional budget for director transitional costs Salaries & 110,000 overtime Category 2 - Revenue Backed 1,472 1,472 31 ,Boeing Founders Day Event - reimburseable services provided, Security Revenue 1,472 I by three departments - Police, Fire and Technology Services (Overtime 1,235 _ . @ Benefits 237 Category 4 - Initiatives _. _ - 170,240 - (170,240), _.... _. _ _ ___ _ ._. _ __ - _..- .. _.. _ _... _. ___ _. _. _ ___ _ _ _._ .. _.. _ __. _ .__ 32 Additional service request; approved by Council on 10/17/16.; professional 170,240 d iservices, other 33 C Technology Services Total 281,712 1,472 (280,240), TRANSFERS, REVENUE ,& OTHER Category 1- Existing Service Levels or Plans 1,558,000 (525,000) 600,000 2,683,000, 34 =Adjust budgeted General Fund beginning fund balance to Beginning fund 1,558,000 2015 actual ; balance 35 =Increase gambling tax revenue budget to reflect revenue Gambling Tax 600,000 !increase 36 ; Reduce transfer into Arterial Street Fund. REET received (800,000) 4 exceeded budget by $900,000 providing supplanting the 1 need for funding from the General Fund _ . _.__ ..._ .. _. .. ...... ...... . .........__. _ ._.... __ _.. ._... .._ . _... _ _..... _...._ -. . 37 Additional transfer to Contingency Reserve fund for the f 275,000 discretionary one time revenue reserve and to adjust the "ending fund balance for increased ongoing revenues. 38 ,Transfers, Revenue & Other Total 1,558,000 (525,000); 600,000 2,6$3,000 Total General Fund 000 1,558,000 ! (331,208) 995,123 2,884,331 Less beginning fund balance adjustment (1,558,000) Addition to fund balance 1,326.331 General fund net additiona before 2016 year -end budget amendments ** (1,324,048) General fund net additiona after 2016 year -end budget amendments 2.283 ** Represents the ($1,148,040) negative effect of the 2015 -16 mid- biennial budget amendments on the budgeted 2016 ending fund balance in addition to the orignally budgeted draw down of ($177,120) 11/3/2016 12 3of 5 RESIDENTIAL STREET FUND 103 Category 1- Existing Service Levels or Plans 750,000 t ' - 750,000 41 djust beginning fund balance based on actual 2015 results ! Beginning fund 750,000 ; balance Total Residential Street 750,000 , - - 750,000 ARTERIAL STREET FUND 104 Category 1- Existing Service Levels or Plans I 2,700,000 (800,000) 1,900,000 42 Reduce transfer in from General Fund; unexpected increase Transfer In (800,000) in 2015 REET revenue of over $800,000 provides sufficient I (funding [ 43 IAdjust beginning fund balance to reflect 2015 actual results; I Beginning fund 2 „700,000 x$2.3 million represents unspent bond proceeds for the balance Boeing Access Road Bridge project [Total Arterial Street 2;700,000 (800,000): 1.900,000 SEIZURE FUND 1:09 Category 1- Existing Service Levels or Plans 50,000 575,000 525,000 44 wOver $600,000 in Federal seizure monies was received =Seizure revenue 575,000 'through September 30, 2016; most of this stems from the 12013 motel seizures. k 45 ;Additional expenditure budget to ensure adequate coverage ;various — 50;000 lof actual costs. 6 Total Seizure Fund 109 50,000 = 575,000 525,000 LOCAL IMPROVEMENT DISTRICT (LID) FUND 233 Category 1- Existing Service Levels or Plans 300,000 (300,000) 46 Increase principal payments to reflect corresponding increase LID debt 300,000 l in LID assessment payments; 7 assessments were paid in full @ principal I in 2015. I Total LID Fund 233 300,000 - (300,000)' Category 3 - Carryovers S 1,800,000 800,000 800,000 , 11800,000 47 jAdjust beginning fund balance based on actual 2015 results (Beginning fund 1,800,000 balance 48 { Duwamish Gardens - Project planned for 2015 but carried Grant revenue 800,000 forward to 2016. I~ _. __ . • -- - __ _ __ l �CIP expenditures 800,000 Total Land Acquisition Fund 301 1,800,000 800,000 800,000 1,800,000 126 11/3/2016 4 of 5 2016 Year End Budget Amendment Detail 2016 Increase (Decrease) Ref i Explanation 1 Acct Desc Beg Fund Expense Revenue End Fund Balance Balance SELF INSURED HEALTHCARE FUND 502 Category 1- Existing Service Levels or Plans 49 Additional budget to ensure sufficient coverage of actual medical claims 200,000 (200,000) costs Total Self insured Healthcare Fund 502 200,000 (200,000) TOTAL AMENDMENT TO 2015-2016 BIENNIAL BUDGET $ 6,808,000 $ 1,018,792 $ 1,845,123 $ 7,634,331 11/3/2016 12 7of 5 1 COUNCIL AGENDA S ------------ ---------------- - - - - -- Initials Meefiq Dale Prepared by Mayors review Council review 11/14/16 PMC ❑ Resolution Dale lt g ❑ Ordinance Mtg Date 11121116 11/21/16 PMC ❑ Otber Al g Dale SPONSOR ❑ Council [:] Mayor ❑ HR [:1 DCD Z.Einance [-] -Fire ❑ IT ❑ P&R [:] Police [:] mr/ SPONSOR'S The Council is being asked to approve an ordinance authorizing issuance of unlimited tax SUMMARY general obligation bonds not to exceed $36,500,000. REVII,"WED BY El cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: NA commn'rFE CHAIR: NA RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department Comm"ITEJ" Directly to C.O.W. per F&S Committee Chair and Council President COST IMPACT / FUND SOURCE Exj)ENDITURI? RF"QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM INFORMATION ITEMNO. 129 STAFF SPONSOR PEGGY MCCARTHY ORIG INA], A(,kNDA D,\'I'I,": 11/14/16 A(-,j21'NDA ITJ"MTITLF Approve the Public Safety bond ordinance for the 2016 UTGO Bond Issue CATEGORY Z Dismssion ,A 11g Date 11114116 [:] Motion Alt g Date ❑ Resolution Dale lt g ❑ Ordinance Mtg Date 11121116 F-1 BidAulard Mig Date F-1 Public•Hearing Atg Date ❑ Otber Al g Dale SPONSOR ❑ Council [:] Mayor ❑ HR [:1 DCD Z.Einance [-] -Fire ❑ IT ❑ P&R [:] Police [:] mr/ SPONSOR'S The Council is being asked to approve an ordinance authorizing issuance of unlimited tax SUMMARY general obligation bonds not to exceed $36,500,000. REVII,"WED BY El cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: NA commn'rFE CHAIR: NA RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department Comm"ITEJ" Directly to C.O.W. per F&S Committee Chair and Council President COST IMPACT / FUND SOURCE Exj)ENDITURI? RF"QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 11/9/16 Ordinance in Draft Form Bond Presentation 11/21/16 Ordinance 129 130 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE ISSUANCE OF UNLIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $36,500,000, TO FINANCE COSTS RELATED TO ITS PUBLIC SAFETY PLAN AND PAYING COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF THE SALE OF THE BONDS; DELEGATING AUTHORITY TO APPROVE THE METHOD OF SALE AND THE FINAL TERMS OF THE BONDS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, at an election held in the City of Tukwila, Washington (the "City ") on November 8, 2016, the City submitted the question to the qualified electors of the City of whether the City shall issue unlimited tax general obligation bonds in the aggregate principal amount of not to exceed $77,385,000 (the "Bond Authorization ") to provide the funds necessary to implement its Public Safety Plan, which includes replacing three fire stations, financing critical items such as fire trucks and other life /safety equipment as necessary, and constructing a justice center to hold the Tukwila Police Department and Municipal Court, as identified in Ordinance No. 2509 (the "Election Ordinance ") passed by the City Council on August 1, 2016 (collectively, the "Project "); and WHEREAS, the number and proportion of the qualified electors of the City required by law for the adoption thereof voted in favor of the Bond Authorization and the election results are expected to be certified by King County Elections, as ex officio supervisor of elections in King County, Washington, on or around November 29, 2016; and WHEREAS, it is deemed necessary and advisable that the City authorize the issuance of the first series of such unlimited tax general obligation bonds (the "Bonds ") to provide part of the funds necessary to finance the Project and to pay costs of issuance for the Bonds; and W: Word Processing \Ordinances\Bond issuance - Public Safety Plan 11 -9 -16 PM:bjs Page 1 of 16 131 WHEREAS, this Council wishes to delegate authority to the Finance Director, or his or her designee (the "Designated Representative"), for a limited time, to approve the method of sale and the interest rates, maturity dates, redemption terms and principal maturities for the bonds within the parameters set by this ordinance; and WHEREAS, the Bonds shall be sold by negotiated or competitive public sale as set forth herein; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following words and terms shall have the following meanings, unless the context or use indicates another or different meaning or intent. Unless the context indicates otherwise, words importing the singular number shall include the plural number and vice versa. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Authorization means the unlimited tax general obligation bonds in the aggregate principal amount of $77,385,000 authorized by the Election Ordinance and approved by the requisite number of voters of the City at a special election held on November 8, 2016 for the purpose of providing the funds necessary to carry out the Project and to pay the costs of issuance of such bonds. Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys, selected by the City, of nationally recognized standing in matters pertaining to the tax exempt nature of interest on bonds issued by states and their political subdivisions. Bond Purchase Contract means the contract, if any, for the purchase of any Bonds sold by negotiated sale to the Underwriter, executed pursuant to Section 12. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agent of the State, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bonds mean the City's Unlimited Tax General Obligation Bonds, 20XX, or other such series designation as approved by the Designated Representative, authorized to be issued pursuant to the terms of this ordinance. Certificate of Award means the certificate, if any, for the purchase of any Bonds sold by competitive sale awarding the Bonds to the initial purchaser as set forth in Section 12 of this ordinance. W: Word Processing\ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 2 of 16 PM:bjs 132 City means the City of Tukwila, a municipal corporation duly organized and existing under the laws of the State. City Clerk means the duly appointed and acting City Clerk of the City or the successor to the duties of that office. City Administrator means the duly appointed and acting City Administrator, including anyone acting in such capacity for the position, or the successor to the duties of that office. Closing means the date of delivery of the Bonds to the Underwriter. Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. Commission means the United States Securities and Exchange Commission. Continuing Disclosure Certificate means the written undertaking for the benefit of the owners and Beneficial Owners of the Bonds as required by Section (b)(5) of the Rule. Council or City Council means the Tukwila City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Debt Service Fund means the fund or account created pursuant to this ordinance for the purpose of paying debt service on the Bonds. Designated Representative means the Finance Director, or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 4 of this ordinance. Election Ordinance means Ordinance No. 2509 passed by the Council on August 1, 2016. Fair Market Value means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if: (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code; (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 3 of 16 PM:bjs 133 the Code; (iii) the investment is a United States Treasury Security--State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt; or (iv) any commingled investment fund in which the City and related parties do not own more than a 10% beneficial interest therein if the return paid by the fund is without regard to the source of the investment. To the extent required by the applicable regulations under the Code, the term "investment" shall include a hedge. Federal Tax Certificate means the certificate executed by the Designated Representative setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds, and attachments thereto. Finance Director means the duly appointed and acting Finance Director of the City or the successor to such officer. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW, as this chapter may be hereafter amended or restated. Letter of Representations means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. Mayor or City Mayor means the elected Mayor of the City or the successor to the duties of that office. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Official Statement means the disclosure documents prepared and delivered in connection with the issuance of the Bonds. Project means the capital projects described in Section 2 of this ordinance. Project Fund means the account created pursuant to Section 8 of this ordinance. Record Date means the close of business for the Bond Registrar 15 days preceding any interest and/or principal payment or redemption date. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Sale Document means the Bond Purchase Contract or Certificate of Award, if any, executed by the Designated Representative in connection with the sale of the Bonds pursuant to Section 12 of this ordinance, which shall provide for the name, principal and interest payment dates and amounts, redemption /prepayment rights, and other terms to describe such Bonds as determined to be necessary by the Designated Representative. W: Word Processing\Ordinances\Bond issuance - Public Safety Plan 11-9-16 Page 4 of 16 PM:bjs 134 State means the State of Washington. Underwriter means any underwriter, in the case of a negotiated sale, or initial purchaser, in the case of a competitive sale, of the Bonds selected pursuant to Section 12. Section 2. Authorization of the Project. The Bonds are being issued to finance and/or reimburse the City for costs related to implementing its Public Safety Plan, which includes, but is not limited to: (a) replacing three fire stations, (b) financing critical items such as fire trucks and other life/safety equipment as necessary, and (c) constructing a justice center to hold the Tukwila Police Department and Municipal Court, as authorized and further described in the Election Ordinance, which description is incorporated herein by this reference (the "Project"), and to pay costs of issuance for the Bonds. Section 3. Authorization of Bonds and Bond Details. For the purpose of paying and/or reimbursing the City for costs of the Project and paying costs of issuance of the Bonds as authorized by the Election Ordinance and by the qualified electors of the City at a special election held on November 8, 2016, the City is hereby authorized to issue and sell unlimited tax general obligation bonds in an aggregate principal amount of not to exceed $36,500,000 (the "Bonds"). Notwithstanding anything in this ordinance to the contrary, the issuance of the Bonds shall be subject to satisfaction of the conditions set forth in Section 12 of this ordinance. The Bonds shall be general obligations of the City and shall be designated "City of Tukwila, Washington, Unlimited Tax General Obligation Bonds, 20XV with additional series designation or other such designation as determined to be necessary by the Designated Representative. The Bonds shall be dated as of the date of Closing; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, within a maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest from their date payable on the dates and commencing as provided in the Sale Document; and shall mature on the dates and in the principal amounts set forth in the Sale Document, as approved and executed by the Designated Representative pursuant to Section 12 of this ordinance. Section 4. Registration, Exchange and Payments. (a) Bond Registrar /Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a bond register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its designated office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have W: Word Processing\Ordinances\13ond issuance-Public Safety Plan 11-9-16 Page 5 of 16 PM:bjs 135 accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in the Continuing Disclosure Certificate), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 4(g), but such Bond may be transferred as herein provided. All such payments made as described in Section 4(g) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held by DTC acting as depository. The City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11 -9 -16 Page 6 of 16 PM:bjs 136 (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity of that series then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds of such series shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer of or to exchange any Bond during the 15 days preceding any principal payment or redemption date. W: Word Processing\Ordinances0ond issuance-Public Safety Plan 11-9-16 Page 7 of 16 PM:bjs 137 (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or beneficial owners of Bonds. (g) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the Record Date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least by the Record Date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the designated office of the Bond Registrar. If any Bond is duly presented for payment and funds have not been provided by the City on the applicable payment date, then interest will continue to accrue thereafter on the unpaid principal thereof at the rate stated on the Bond until the Bond is paid. Section 5. Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Sale Document and as approved by the Designated Representative pursuant to Section 12. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Sale Document approved by the Designated Representative pursuant to Section 12. (b) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director plus accrued interest to the date of purchase. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 8 of 16 PM:bjs 138 of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the designated office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held by a depository, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar shall provide any notice of redemption to any beneficial owners. The notice of redemption may be conditional. Thereafter (if the Bonds are no longer held by a depository), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date; (B) the redemption price; (C) if fewer than all outstanding Bonds are to be redeemed, the identification by series and maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; (D) any conditions to redemption; (E) that unless conditional notice of redemption has been given and such conditions have either been satisfied or waived, on the redemption date the redemption price shall become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (F) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the designated office of the Bond Registrar. W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11 -9 -16 Page 9 of 16 PM:bjs 139 On or prior to any redemption date, unless such redemption has been rescinded or revoked, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If notice of redemption has been given and not rescinded or revoked, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus: (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 14 and the Continuing Disclosure Certificate and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A, which is incorporated herein by this reference. W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 10 of 16 PM:bjs i El F8, Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signature of the Mayor and shall be attested to by the facsimile or manual signature of the City Clerk, and shall have the seal of the City impressed or a facsimile thereof imprinted, or otherwise reproduced thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Only such Bonds as shall bear thereon a Certificate of Authentication manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. Section 8. Application of Bond Proceeds. The Finance Director is hereby authorized to create a fund or account (the "Project Fund"), and subaccounts therein as necessary, for the purposes set forth in this section. From the money derived from the sale of the Bonds: (a) Net premium (premium minus costs of issuance) shall be deposited in the Debt Service Fund and/or the Project Fund and used to pay debt service on the Bonds coming due on the next upcoming interest payment date or costs of the Project, respectively; and (b) The balance of the proceeds of the Bonds shall be deposited in the Project Fund and shall be used solely to pay the allocable cost of issuing and selling the Bonds and to finance costs of the Project as authorized by the Election Ordinance. None of the proceeds of the Bonds shall be used for the replacement of equipment or for other than a capital purpose. The Finance Director shall invest money in the Project Fund and the subaccounts contained therein in such obligations as may now or hereafter be permitted to cities of the State by law and which will mature prior to the date on which such money shall be needed, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. Section 9. Tax Covenants. The City will take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds, including but not limited to the following: W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 11 of 16 PM:bjs 141 (a) Private Activity Bond Limitation. The City will assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code. (b) Limitations on Disposition of Project. The City will not sell or otherwise transfer or dispose of (i) any personal property components of the Project other than in the ordinary course of an established government program under Treasury Regulation 1.141-2(d)(4) or (ii) any real property components of the Project, unless it has received an opinion of nationally recognized bond counsel to the effect that such disposition will not adversely affect the treatment of interest on the Bonds as excludable from gross income for federal income tax purposes. (c) Federal Guarantee Prohibition. The City will not take any action or permit or suffer any action to be taken if the result of such action would be to cause any of the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. (d) Rebate Requirement. The City will take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. (e) No Arbitrage. The City will not take, or permit or suffer to be taken, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code. (f) Registration Covenant. The City will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code until all Bonds have been surrendered and canceled. (g) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bonds for at least three years after the Bonds mature or are redeemed (whichever is earlier); however, if the Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring at least three years after the earlier of the maturity or redemption of the obligations that refunded the Bonds. (h) Compliance with Federal Tax Certificate. The City will comply with the provisions of the Federal Tax Certificate with respect to the Bonds, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the Bonds. (i) Bank Qualification. The Finance Director is hereby authorized to designate the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if the City does not reasonably expect to issue more than $10,000,000 of qualified tax-exempt obligations in the calendar year in which the Bonds are issued. W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 12 of 16 PM:bjs 142 Section 10. Debt Service Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund or account to be used for the payment of debt service on the Bonds (the "Debt Service Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Debt Service Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Debt Service Fund may be invested in legal investments for City funds. Any interest or profit from the investment of such money shall be deposited in the Debt Service Fund, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. The City hereby irrevocably covenants that, unless the principal of and interest on the Bonds are paid from other sources, it will make annual levies of taxes without limitation as to rate or amount upon all of the property in the City subject to taxation in amounts sufficient to pay such principal and interest as the same shall become due. All of such taxes and any of such other money so collected shall be paid into the Debt Service Fund. None of the money in the Debt Service Fund shall be used for any other purpose than the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of the principal of and interest on the Bonds when due. Section 11. Defeasance. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Debt Service Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Debt Service Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, -and interest from the Debt Service Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance of the Bonds in accordance with the Continuing Disclosure Certificate. Section 12. Sale of Bonds. (a) Bond Sale. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative, for a limited time, the authority to determine the method of sale for the Bonds and to approve the final interest rates, maturity dates, redemption terms and principal maturities for the Bonds. W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 13 of 16 PM:bjs 143 (b) Negotiated Bond Sale. If the Designated Representative determines that the Bonds are to be sold by negotiated public sale, the Designated Representative shall solicit proposals from one or more qualified underwriting firms and shall select the Underwriter that submits the proposal that is in the best interest of the City. Such Bonds shall be sold to the Underwriter pursuant to the terms of a Bond Purchase Contract. (c) Competitive Sale. If the Designated Representative determines that the Bonds are to be sold at a competitive public sale, the Designated Representative shall: (1) establish the date of the public sale; (2) establish the criteria by which the successful bidder will be determined; (3) request that a good faith deposit accompany each bid; (4) cause notice of the public sale to be given; and (5) provide for such other matters pertaining to the public sale as he or she deems necessary or desirable. The Designated Representative shall cause the notice of sale to be given and provide for such other matters pertaining to the public sale as he or she deems necessary or desirable. Such Bonds shall be sold to the Underwriter pursuant to the terms of a Certificate of Award. (d) Sale Parameters. Subject to the terms and conditions set forth in this Section 12, and subject further to certification of approval of the Bond Authorization, the Designated Representative is hereby authorized to approve the method of sale and the final interest rates, aggregate principal amount, principal maturities, and redemption rights for the Bonds in the manner provided hereafter so long as: (1) the aggregate principal amount of the Bonds does not exceed $36,500,000; (2) the final maturity date for the Bonds is no later than December 1, 2036; (3) the aggregate purchase price for the Bonds shall not be less than 98% of the aggregate stated principal amount of the Bonds, excluding any original issue discount; and (4) the true interest cost for the Bonds (in the aggregate) does not exceed 4.50%. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the appropriate Sale Document on behalf of the City. Following the execution of the Sale Document, the Designated Representative shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representatives by this Section 12 shall expire 180 days after the effective date of this ordinance. If a Sale Document for the Bonds has not been executed within 180 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds are re-authorized by ordinance of the Council. The ordinance re- authorizing the issuance and sale of such Bonds may be in the form of a new ordinance W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11 -9 -16 Page 14 of 16 PM:bjs 144 repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a Sale Document or establishing terms and conditions for the authority delegated under this Section 12. (e) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance and execution of the Sale Document, the proper officials of the City, including the Designated Representative, the City Administrator, the Mayor and the City Clerk, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Sale Document. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on all or a portion of the Bonds as provided therein, if such insurance is determined by the Designated Representative to be in the best interest of the City. Section 13. Preliminary and Final Official Statements. The Designated Representative is hereby authorized to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Designated Representative is further authorized to approve for purposes of the Rule, on behalf of the City, the Official Statement relating to the issuance and sale of the Bonds and the distribution of the Official Statement pursuant thereto with such changes, if any, as may be deemed by him or her to be appropriate. Section 14. Undertaking to Provide Ongoing Disclosure. The City covenants to execute and deliver at the time of Closing a Continuing Disclosure Certificate. The Designated Representative is hereby authorized to execute and deliver a Continuing Disclosure Certificate upon the issuance, delivery and sale of the Bonds with such terms and provisions as such officer shall deem appropriate and in the best interests of the City. Section 15. Lost, Stolen or Destroyed Bonds. In case any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the Registered Owner thereof if the owner pays the expenses and charges of the Bond Registrar and the City in connection therewith and files with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity satisfactory to both. Section 16. Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 Page 15 of 16 PM:bjs 145 Section 17. Payments Due on Holidays. If an interest and/or principal payment date for the Bonds is not a business day, then payment shall be made on the next business day and no interest shall accrue for the intervening period. Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney and Bond Counsel, the City Clerk and the code reviser are hereby authorized to make necessary corrections to this ordinance, including but not limited to the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; ordinance numbering and section/subsection numbering; and other similar necessary corrections. 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 12016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk 1POMM-3 Pacifica Law Group LLP Bond Counsel Attachment: Exhibit A — Form of Bond Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 PM:bjs 146 Page 16 of 16 Exhibit A Form of Bond [DTC LANGUAGE] UNITED STATES OF AMERICA NO. STATE OF WASHINGTON CITY OF TUKWILA 9.5 UNLIMITED TAX GENERAL OBLIGATION BOND, 20L_j INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Tukwila, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from - 1 20_, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on 1, 20_, and semiannually thereafter on the first days of each succeeding — and . Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agent of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on November 21, 2016 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. A-1 W: Word ProcessingXOrdinances\Bond issuance-Public Safety Plan 11 -9 -16 147 This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to implement its Public Safety Plan, which includes replacing three fire stations, financing critical items such as fire trucks and other life/safety equipment as necessary, and constructing a justice center to hold the Tukwila Police Department and Municipal Court, as identified in Ordinance No. 2509 passed by the City Council on August 1, 2016 and approved by the qualified electors of the City at a special election held therein on November 8, 2016; and (b) to pay costs of issuance. The bonds of this issue are subject to redemption prior to their stated maturities as provided in the [Bond Purchase Contract/Certificate of Award]. The City has irrevocably covenanted with the owner of this bond that it will levy taxes annually upon all the taxable property in the City without limitation as to rate or amount and in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond when due. The full faith, credit and resources of the City are irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Tukwila, Washington, has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City to be imprinted, impressed or otherwise reproduced hereon as of this day of $ 20_. [SEAL] ATTEST: Christy O'Flaherty, MMC, City Clerk CITY OF TUKWILA, WASHINGTON 0 Allan Ekberg, Mayor A-2 148 W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: This bond is one of the bonds and is one of the Unlimited Tax Tukwila, Washington, dated described in the within - mentioned Bond Ordinance General Obligation Bonds, 20_, of the City of .2016. WASHINGTON STATE FISCAL AGENT, as Bond Registrar 0 A-3 W: Word Processing\Ordinances\Bond issuance-Public Safety Plan 11-9-16 149 150 COUNCIL AGENDA S ---------------------------- - - - - -- Initials Meetin ,g Date Prepared by Mayor' s review Council review 11/14/16 LH — ❑ Ordinance llig Date 11/21/16 LH ❑ Other Mtg Date SPONSOR Z Council [:] Mayor ❑ FIR ❑ DCD 0 V'inance [:].Fire ❑ IT ❑ P&R ❑ Police ❑ PW1' SPONSOR'S At its October 18 meeting, the Finance and Safety Committee requested the addition of a SUMMARY new general financial policy. Council is requested to consider a resolution repealing 1839 and updating the general financial policies for inclusion in the final budget. REVIEWED 13Y F-1 cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/18/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. COMMII'I'Ell-' New policy proposed forwarded to C.O.W. COST IMPACT / FUND SOURCE Exi)j-,"ND I'I'UR H' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM INFORMATION 4.E. 151 SPONSOR: LAUREL HUMPHREY I ORI(,INAi..,A(;[,.Nl)/\DA'1'F: 11/14/16 AGENDA ITEM Ti'i'j,i," A Resolution adopting updated policies relating to the financial planning model and other general financial policies. CATF,GORY Z Discussion M1 ,g Dale 11114116 ❑ Motion AItg Date Z Resolution Altg Date 11121116 ❑ Ordinance llig Date R .Bid Award 11�g Date ❑ Public Hearing MI g Date ❑ Other Mtg Date SPONSOR Z Council [:] Mayor ❑ FIR ❑ DCD 0 V'inance [:].Fire ❑ IT ❑ P&R ❑ Police ❑ PW1' SPONSOR'S At its October 18 meeting, the Finance and Safety Committee requested the addition of a SUMMARY new general financial policy. Council is requested to consider a resolution repealing 1839 and updating the general financial policies for inclusion in the final budget. REVIEWED 13Y F-1 cow mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/18/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. COMMII'I'Ell-' New policy proposed forwarded to C.O.W. COST IMPACT / FUND SOURCE Exi)j-,"ND I'I'UR H' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to the next Regular Meeting 11/21/16 I ----] MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandumdated 11/8/16 Draft Resolution Minutes from the Finance and Safety Committee meeting of 10/18/16 11/21/16 Resolution 151 152 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING UPDATED POLICIES RELATED TO THE FINANCIAL PLANNING MODEL AND OTHER GENERAL FINANCIAL POLICIES; AND REPEALING RESOLUTION NO. 1839. WHEREAS, the City Council and Mayor are committed to high standards of financial management; and WHEREAS, adopting and periodically updating and revising financial policies are important steps toward ensuring consistent and rational financial management; and WHEREAS, policies related to the Financial Planning Model and other general financial policies are essential components of an overall financial management policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Financial policies related to the Financial Planning Model and policies of a general nature, as evidenced in Exhibit A, are adopted. Section 2. The financial policies related to the Financial Planning Model and other general financial policies shall be reviewed on a regular basis and updated as necessary. Section 3. Repealer. Resolution No. 1839 is hereby repealed. WAWord ProcessingTinancial Planning Model policies and other general financial policies 11-1-16 Page 1 of 2 LH:bjs 153 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 Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A — Financial Planning Model Policies and Other General Financial Policies W:\Word ProcessingTinancial Planning Model policies and other general financial policies 11-1-16 Page 2 of 2 LH:bjs 154 EXHIBIT A City of Tukwila Financial Planning Model Policies The six-year "Financial Planning Model and Capital Improvement Program" is the primary financial policy document. It represents the culmination of all financial policies. Revenues Policy FP-1: Revenues will be estimated on a conservative basis. Increases greater than inflation in the schedule known as "Attachment A," Revenues and Expenditures Governmental Funds, will require additional documentation. . Policy FP -2: Major revenue sources will require explanation in the document known as "Attachment A-1," Notes to Revenues, Expenditures and Fund Balance. Operatinq Expenditures Policy FP-3: Expenditures for the General Fund operations (schedule known as "Attachment B," General Fund Operating Expenditures) will only include basic inflationary increases at the beginning of the budget preparation process. Proposed increases in programs or personnel will require an issues and options paper and Council approval before being added to the operating expenditures estimate. Capital Expenditures Policy FP-4: Project capital grants with local matching requirements can only be applied for with express approval by the City Council. Grant applications shall be made only for projects listed in the six-year Capital Improvement Program. Policy FP -5: If the proposed grants or mitigation are either not funded or are reduced, the respective project will be reevaluated on the basis of its value and priority level placement in the Capital Improvement Program. Policy FP-6: The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Page 1 of 2 155 Financial Planning Model Policies (continued) Enterprise Funds Policy FP-7: Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations and maintenance and long-term capital requirements. Policy FP -8: Rate increases shall bQ small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. Policy FP-9: Rate increases of external agencies (i.e. King County secondary wastewater treatment fees) will be passed through to the users of the utility. Other General Financial Policies Policy GF-1: The City's various user charges and fees shall be reviewed at least every three years for proposed adjustments based on services provided and comparisons with other jurisdictions. Policy GF-2: The Finance Director shall provide a financial status update at least quarterly. Policy GF-3: Budget amendments during the year may be approved by budget motion until the end of the budget year, at which time a formal comprehensive budget amendment is submitted. PolicV...GF-4: The City shall, whenever practical and advantageous, take advantage of grants, loans, or other external financial sources. With the exception of capital improvement program grants requiring a local match, staff shall report to and seek the approval of the appropriate Council Committee before finalizing the grant. Policy GF-5: Funds exceeding the Mayor's allocated signature authority shall not be moved between City departments without prior approval of the City Council. Page 2 of 2 156 nitials Meelin .Date Pre by Mayor or' .r review ew review 11/14/16 SB Z Resolution Allig Dale 11121116 1:1 Ordinance Mtg Dale 11/21/16 SB ❑ Other ,g Date Mi SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD [:].Finance E] Fire [:1 IT ❑ P& R ❑ Police ❑ PW' SPONSOR'S The Council is being asked to consider adoption of a resolution that applies a 1.8% Cost of SUMMARY Living Adjustment (COLA) increase to Non-Represented employees effective January 1, 2017. Ri = X I ],,"WJ 3D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ I Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/8/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Human Resources Department Comm"I"'FIE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPE'NDITURF, RI "QU IRVID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Coninient,v.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEM NO. 4.F. 157 SPONSOR: STEPHANIE BROWN—SMITH �ORIGINAL A(,,j3NI)AD,\,i,i.,,: 11/14/16 A(-,, I ?NDA Prj,"m Non-Represented employees COLA Adjustment for 2017 CATEGORY Z Discussion ATtg Date 11114116 ❑ Motion 2vftg Dale Z Resolution Allig Dale 11121116 1:1 Ordinance Mtg Dale ❑ BidAward All ,g Dale F-1 Public Hearing 111/,g Dale ❑ Other ,g Date Mi SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD [:].Finance E] Fire [:1 IT ❑ P& R ❑ Police ❑ PW' SPONSOR'S The Council is being asked to consider adoption of a resolution that applies a 1.8% Cost of SUMMARY Living Adjustment (COLA) increase to Non-Represented employees effective January 1, 2017. Ri = X I ],,"WJ 3D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ I Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/8/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Human Resources Department Comm"I"'FIE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPE'NDITURF, RI "QU IRVID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Coninient,v.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated November 2, 2016 Resolution in Draft Form Attachment A-Draft 2017 Non-Represented Wage Schedule Attachment B-Draft 2017 Non-Represented Schedule of Benefits Attachment C-Draft 2017 Non-Represented Longevity Pay Schedule Resolution #1796 11/21/16 gp, _inn 157 158 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING THE NON - REPRESENTED EMPLOYEES' COMPENSATION AND ADOPTING THE NON - REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2017. WHEREAS, the Tukwila City Council adopted Resolution No. 1796 on June 3, 2013, which provided that a cost -of- living adjustment (COLA) be applied to the non - represented employee wage schedule in odd - numbered calendar years; and WHEREAS, the COLA has been based on 90% of the Consumer Price Index, All Wage Earners (CPI -W) Seattle- Tacoma - Bremerton Area (June); and WHEREAS, the CPI -W (June) for the above - stated period of time is 2.0 %; and WHEREAS, 90% of CPI -W as stated above is 1.80 %; and WHEREAS, City Administration recommends an increase of 1.80% to base wages effective January 1, 2017 for non - represented employees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Non - Represented Wage Plan. A. The 2017 wage schedule for non - represented employees shall be increased by a rate of 1.80 %. B. Longevity pay will continue to be a part of the plan. C. Merit will continue to be eliminated from the plan, but may be considered as a plan element in subsequent years. W: \Word Processing \ResolutionsWon - Represented Employees Compensation -2017 11 -1 -16 sB:bjs Page 1 of 2 159 Section 2. Non - represented salary schedule, benefits summary and longevity pay plan. A. The "Non- Represented Salary Schedule — 2017," Attachment A hereto, shall be approved, effective January 1, 2017. B. The "Non- Represented Employee Benefits Summary — 2017," Attachment B hereto, shall be approved, effective January 1, 2017. C. The "Longevity Pay Plan for Non - Represented Employees — 2017," Attachment C hereto, shall be approved, effective January 1, 2017. 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 Rachel B. Turpin, City Attorney Attachments: Joe Duffle, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: - Attachment A, Non - Represented Salary Schedule — 2017 - Attachment B, Non - Represented Employee Benefits Summary — 2017 - Attachment C, Longevity Pay Plan for Non - Represented Employees — 2017 W: \Word Processing \Resolutions \Non - Represented Employees Compensation -2017 11 -1 -16 Page 2 of 2 sl3:bjs 160 Attachment A (Page 1 of 3) City of Tukwila Non - Represented Salary Schedule - 2017 Classification Title Job Title Range Office Technician Human Resources Technician B21 Office Specialist Assistant to the Chief B22 Administrative Assistant Deputy City Clerk B23 Assistant to the Director Council Administrative Assistant Executive Coordinator I Executive Coordinator I C41 Program Coordinator Information Technology Systems Administrator C41 Management Coordinator City Clerk C42 Management Analyst Council Analyst C42 Human Resources Analyst Parks & Recreation Analyst Public Works Analyst Program Administrator Economic Development Liaison C43 Emergency Manager Project Manager Community Engagement Manager C51 Program Manager Building Official D61 Communications/ Government Relations Manager Senior Manager Support Operations Administrative Manager Maintenance Operations Manager D62 Assistant Director Deputy Community Development Director D63 Deputy Finance Director Deputy Public Works Director Municipal Court Administrator Department Manager Assistant Fire Chief D72 City Engineer Department Administrator Economic Development & Strategic Planning E81 Manager Deputy Police Chief Deputy Police Chief E82 161 Attachment A (Page 2 of 3) City of Tukwila Non - Represented Salary Schedule - 2017 Classification Title Job Title Range Department Head Human Resources Director E83 DCD Director Finance Director IT Director Parks & Recreation Director Department Director Fire Chief E91 Police Chief Public Works Director City Administrator I City Administrator I F102 162 ------------- - -(Page , - of -' Non-Represented Salary Structure (Monthly) - 2017 DBM In, mg ling IM au W.E. Attachment B (Page 1 of 2) Non - Represented Employee Benefits - 2017 Social Security (FICA): Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code (TMC). State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained in Section 2.52.020 of the TMC. Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. An additional floating holiday has been granted to each non- represented employee, for a total of 2 floating holidays. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Medical Insurance: The City shall pay 100% of the 2017 premium for regular full-time employees and their dependents under the City of Tukwila self- insured medical /dental plan. In the event the monthly premium increase is above 8% per year, the City's joint /labor management committee, which includes a non - represented employee, shall meet and discuss changes in the self- insured medical, dental vision and prescription plan benefit levels in an effort to create plan savings so the premium costs do not exceed the 8 %. Regular part -time employees shall be entitled to benefits on a pro-rata basis. Employees who choose coverage under the Group Health Cooperative plan shall pay the difference between the City of Tukwila plan full- family rate and the rate charged to them by Group Health. Dental Insurance: The City shall provide 100% of the 2017 premium for the regular full-time employees and all dependents under the City of Tukwila self - insured medical /dental plan for dental coverage. Regular part -time employees shall be entitled to the same benefits on a pro - rata basis. Life Insurance: For regular full-tune employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Vision/Optical: Benefits provided to all non - represented regular full-time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit each year. Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata basis. Disability Insurance: The City shall provide 100% of the premium for regular full-time employees for a comprehensive long -term disability policy. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Health Reimbursement Arrangement /Voluntary Employee Benefit Association (HRA/VEBA): VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended. 165 Attachment B (Page 2 of 2) Non - Represented Employee Benefits - 2017 Vacation: Following the sixth month of continuous employment, annual vacation leave of six full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days. Three additional days of annual leave shall be granted on the employees anniversary date after the third, fourth and fifth years. After six years, the employee shall be granted one day per year additional annual leave to a maximum of 24 days per year. The maximum number of accrued hours is 384 or 48 days. Years of Service Vacation Accrual Years of Service Vacation Accrual 0 -1 years 12 days* 10 years 19 days 1 -2 years 12 days 11 years 20 days 3 -6 ears 15 da s 12 years 21 days 7 ears 16 days 13 years 22 days $ years 17 days 14 years 23 days 9 years 18 days 15 years 1 24 days maximum *Six full days will be granted following the sixth month of continuous employment. (Days accrue at eight hours, regardless of schedule worked.) Regular part -time employees shall be entitled to benefits on a pro -rata basis. Uniform Allowance: An annual uniform allowance of $650 shall be granted to the following employees: Fire Chief, Assistant Fire Chief, Police Chief, Deputy Police Chief, and Senior Manager Support Operations. 166 Attachment C Longevity Pay Plan for Non - Represented Employees - 2017 The monthly longevity flat rates shall be as follows for regular full -time employees after the completion of the number of years of full time employment with the City set forth below. Regular part-time employees shall receive longevity on a pro -rata basis. Completion of 5 years $75 Completion of 10 years 100 Completion of 15 years 125 Completion of 20 years 150 Completion of 25 years 175 Completion of 30 years 200 167 I •: COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial r Meeting Date Prepared b y Mayor's review Coundl review 11/14/16 DCS //10/c ❑ Ordinance At g Date 11/21/16 DCS ❑ Other Aft ,g Date SPONSOR ❑ Council Z Mayor ❑ HR ❑ DCD ❑ Finance EjFire ❑ TS ❑ P&R ❑ Police ❑ PWI SPONSOR'S City staff requests Council approval of a process to select a developer for the four parcels SUMMARY of land the City owns at 14420, 14440, 14442, and 14452 Tukwila International Boulevard (formerly the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop. RE'VIEWE'D BY [:] cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Scheduled for 11/14/16 COST IMPACT / FUND SOURCE EXPENDITURE' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: NOT APPLICABLE Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 ITEMNO. I 169 STAFF SPONSOR: DEREK SPECK I ORIGINAL, AGENDA DATE: 11/14/16_ AGENDA I'• m TITLE Developer Selection Process for Motel Site CATEGORY Z Discussion Mtg Date 111141167 Z Motion Mt g Date 11121116 ❑ Resolution Mt g Date ❑ Ordinance At g Date ❑ Bid Award At g Date ❑ Public Hearing At g Date ❑ Other Aft ,g Date SPONSOR ❑ Council Z Mayor ❑ HR ❑ DCD ❑ Finance EjFire ❑ TS ❑ P&R ❑ Police ❑ PWI SPONSOR'S City staff requests Council approval of a process to select a developer for the four parcels SUMMARY of land the City owns at 14420, 14440, 14442, and 14452 Tukwila International Boulevard (formerly the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop. RE'VIEWE'D BY [:] cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Scheduled for 11/14/16 COST IMPACT / FUND SOURCE EXPENDITURE' REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: NOT APPLICABLE Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 11/9/16 Map of properties Letter from HealthPoint dated 11/24/16 Letter from El Centro dated 12/7/16 11/21/16 As above i 169 170 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: November 9, 2016 SUBJECT: Developer Selection Process for Motel Site ISSUE City staff is seeking Council approval of a process to select a developer for the four parcels of land the City owns at 14420, 14440, 14442, and 14452 Tukwila International Boulevard. BACKGROUND In 2014 and 2015 the City purchased the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop properties located at 14420, 14440, 14442, and 14452 Tukwila International Boulevard to reduce crime and revitalize the neighborhood. In 2016 the buildings were demolished and the land is now vacant. At the time of the acquisition the City had planned to sell the properties and currently has budgeted the sale to occur in 2018. Recently the City received letters from two organizations, El Centro de la Raza and HealthPoint, expressing interest in purchasing the properties. The letters are attached and provide a description of the organizations' proposed development of the site. Both organizations have expressed a desire to seek funding for their proposed development from Washington State in the 2017 -18 biennium, which starts this January. HealthPoint anticipates the State funding could be as much as $3 million. They believe that an organization would need to have been selected by the City to begin negotiations in order to be competitive for State funding. DISCUSSION This staff report is not requesting a Council decision on whether to select either of the two organizations. The key questions at this time are whether to start a developer selection process and on what schedule. If the Council approves a developer selection process then staff would invite statements of interest from all organizations, evaluate them, and bring them back to the Council for a decision on whether to select one. Even if the City starts a selection process, the Council is not required to select any of the applicants. Further, even if the Council selects an application for negotiations, the City is not required to enter into an agreement with the applicant. Of course, we do not want to conduct a selection process and enter into negotiations if the Council is not willing to consider selling the property. In terms of whether to start a developer selection process, one key consideration is whether the City wants to use the property for a new Justice Center to house the police department and municipal court. We should note that this site is 1.7 acres and the facilities plan estimated the Justice Center would need 5 acres. The City has not yet conducted a study of possible sites for the Justice Center. If the Public Safety bond passes, it may take a few months to make a site location decision which could risk the state funding opportunity. 171 INFORMATIONAL MEMO Page 2 If the City wants to complete the selection process in time for the selected organization to compete for State funding, we would need to proceed on the following schedule: 11/8/16 Finance and Safety Committee discussion (completed) 11/8/16 Briefing to Tukwila International Boulevard Action Committee (completed) 11/14/16 Community Affairs and Parks Committee discussion 11/14/16 Council COW discussion of process 11/17/16 First publication inviting statements of interest and qualifications 11/21/16 Council Regular meeting with vote approving process 11/24/16 Second publication 12/1/16 Third publication 12/5/16 Statements of interest and qualifications due by 12:00 PM 12/9/16 Staff analysis and Council agenda published for public review 12/12/16 Council COW discussion of statements, staff analysis and options 12/12/16 Council Special Meeting authorizing Mayor to enter into negotiations 12/19/16 Council Regular meeting (if a decision is not made on 12/12) The opportunities for formal public input would be at the Council meetings on 11/17, 11/21, and 12/9, plus community members can always provide informal input through direct communication with Council and staff. It is important to note that if a developer is selected, there will be additional opportunities for public input as negotiations proceed and the City makes decisions on what requirements to include as part of the land sale. This schedule is very fast compared to the typical developer selection schedule. This is reasonable because the City already has a wealth of public input in terms of the community vision for the TIB neighborhood since the public has provided significant input through the Tukwila International Boulevard Revitalization Plan, Tukwila Village, the Tukwila International Boulevard Element of the Comprehensive Plan, and other community conversations. Staff believes that both organizations are well respected, experienced, and have positive visions for the community and the site and we don't want to miss an opportunity for a high quality project to receive state funding. We recommend the Council approve a selection process as outlined above. FINANCIAL IMPACT This item would have no financial or budget impact at this time. At some point the City will need to decide whether to sell the property. If the City does not sell the property, it will need to remove the revenue projection from the budget. If the City sells the property, it would receive revenue. RECOMMENDATION The Council is being asked to pass a motion approving the developer selection process as outlined in this memo and consider this item at the November 14, 2016 Committee of the Whole meeting and subsequent November 21, 2016 Regular Meeting. ATTACHMENTS Map of properties Letter from HealthPoint dated October 24, 2016 Letter from El Centro de la Raza dated November 7, 2016 172 Developer Selection Discussion rir 1 uth 144t si Parcels Under Consideration A: Great Bear Motel, 14420 TIB ..t& x B: Boulevard Motel, 14440 TIB C: Spruce Motel, 14442 TIB D: Sam Smoke Shop, 14452 TIB v W Note: Parcel E, Travelers Choice Motel is not included in the developer selection discussion. Printed: 11/9/16 74 T T 1�1- Y—�_ ^ 4 ��[7C»�| ��lY� ~ �^ [ [ �� ^ �^� � ��^ �� vww^ooltxpvmuhc"r» October 24, 2016 Mayor Allan Ekberg City ofTukwila 6ZO0SoothcenterBoulevard Tukwila, WA 98188 Dear Mayor Ekberg, Aom|w|STnxnum ea Powell Avenue «w Renton, WA 98057 m:m(425)Zn+»n t'-11x (425) 277-1566 / am writing this letter tnexpress Hea|thPoint'sfinn interest in purchasing the "motel" properties on International Boulevard between 5.144m and S.14G*streets. VVe would like io purchase these properties in order tn build a comprehensive health and wellness center. HealthPoint's Tukwila Health and Wellness Resource Center is envisioned as a centrally located and well integrated facility that would include comprehensive primary medical and dental care as well as a host of other programs, services and resources that help the community get well and stay well. Hea|thPoint would expand upon its work to develop an innovative model that extends the traditional health center — a model that takes an active role in addressing community factors and the social conditions that impact the health of individuals and the community. HealthPoint has grown rapidly to meet increasing demand for affordable and accessible primary care, but has also realized the need for a more comprehensive approach that addresses the many needs of a community through collaborative partnerships and shared space. The Tukwila Health and Wellness Resource Center Would engage and co-locate other partners working on important issues such as mental health and substance abuse, economic development, housing, education and job training. We envision a center with partners who work creatively and collaboratively to address the health needs of the Tukwila community and promote wellness. Early conversations have included leaders from the following organizations: Valley Cities Counseling, Nnvos, RAYS' LifeLon8' Global to Local, SHAG, Providence, Salal Credit Union, the YMCA, and Bellwether Housing, and we continue to consider and evaluate other potential partnerships. We recognize the pressures of affordable housing in today's economy and are committed to exploring affordable housing as part of the development. HealthPoint has been providing affordable quality health care to South King County residents for 4S yea/s. Early clinic locations in Renton and 3eaTac provided care to Tukwila residents, and in December, 2011 we opened our first location in Tukwila in partnership with High|ine Hospital (at the old Riverton Hospital ER) to provide better access to primary care for area residents. Today, at Hea|thPointTuhwi|a on Military Road we are a health care home to almost 2,000 Tukwila residents, This fall vve opened our adjacent dental clinic to provide better access to dental care for the community. While we are pleased to provide services at this location (Cascade Medical Building) the space is limited and the location continues tnbeachallenge. With a relatively short lease (4.5 years) we are ready to begin planning for a greater presence and new development. CLINIC LOCATIONS: *whvm ^ Auburn North ' Bothell ' Federal Way ' xrm 'wid*a ' Redmond ' nromo ' Se^Tac 'Tukwila ' Evergreen Campus 'Tycc(amPm We've been planning for the Tukwila Health and Wellness Resource Center for many years. Our original planning for this started in 2012 when we were hoping to be a part of the Tukwila Village development. As our plans grew it became apparent that we would not be able to fit within that site. The properties adjacent to Tukwila Village would be a perfect location for this center, as our services would fit well with this new senior housing development. We are submitting this request now because there is an opportunity to approach the State Legislature in January, 3017tn ask for funding during the 2O17-201Obiennium. VVe believe we have the opportunity to receive as much as $3,000,000 to purchase the property and get the planning underway, In addition, there will likely be funding for projects |ikethisdu/ingthe2019-J020biennium,sowewou|dgobackto the Legislature with a second ask for help in construction of the center. We would like to best position ourselves for these next two cycles of State funding that may be available to us, as the funding is critical to executing a project like this. We have been advised that in order to be selected for State funding we need the City to select us to begin negotiations to purchase the property. VVe are ready now 10 begin those negotiations topurchase the properties at market rates. For many years HealthPoint has partnered with the City of Tukwila to better understand the unique needs of this community and to bring services to the community. VVe have always planned tnbring more comprehensive services to better address the needs and improve the health of individuals and community. We believe we can do this with the development of HealthPoint's Tukwila Health and Wellness Resource Center. We are grateful for your consideration of this request and we look forward to hearing back from you soon. in the meantime, please let us know if there is any additional information we can provide to you with this request. Since ely, Thomas Trompeter President and CEO Programs & Services With over z 6, 000 volunteer hours, El Centro de /a Roza serves 16,072 ndividuals and 9,989 families through the following programs and services: Basic Healthcare Enrollment Bebes! Infant Mortality Prevention Cafe con El Centro Cesar Chavez Demonstration Garden College Readiness Comadres Community Meeting Space Community Service Crisis Advocacy Cultural / Political / Social Events DSHS People Point WA Connection Economic Development ECR Transitional Housing El Patio Apartments Employment Assistance ESL Classes / Spanish Classes Families & Education Levy Case Management Financial Empowerment Food Bank Foreclosure Counseling Growing & Learning Together Homeless Assistance Healthy Cooking Classes / Nuestras Comidas Hope for Youth Poetry & Civil Rights History Classes HUD Housing Counseling Immigrant/ Human /Civil Rights Social Justice Advocacy Jose Marti Child Development Center Latino Hot Meal Program Legal Clinic Site Local, State, National & International Coalition Building Luis Alfonso Velasquez Flores After School Program Parent -Child Home Program Plaza Roberto Maestas Santos Rodriguez Memorial Park Senior Nutrition & Wellness Senior Home Delivered Meals Smoking Cessation Tax Prep Site Transit Oriented Parking Veteran's Services Youth Case Management & Cultural Enrichment Youth Employment Youth Technology Training Youth Violence Prevention WEQ, The Center for People of All Races A voice and a hub for the Latino community 7, 2016 as we advocate on behalf of our people and work to achieve social justice. Mayor Allan Ekberg City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Estimado Mayor Ekberg, The intent of this letter is to inform the City of Tukwila of the interest of El Centro de la Raza in the development of the properties at: 14420, 14440, 14442, and potentially 14452 Tukwila International Boulevard, Tukwila WA 98168. In addition, El Centro is interested in the potential development of property in the Tukwila Transit Overlay Zone and other areas along Tukwila International Blvd. As an organization grounded in the Latino community, it is El Centro de la Raza's mission to build unity across all racial and economic sectors; to organize, empower and defend our most vulnerable and marginalized populations; and to bring justice, dignity, equality, and freedom to all the peoples of the world. El Centro de la Raza was founded in 1972, when a group of diverse community members led a peaceful three -month occupation of the abandoned Beacon Hill School to protest cuts in English as a Second Language classes. Today, as a hub of the Latino community in Seattle and King County, El Centro de la Raza provides 49 comprehensive programs and services that empower members of the Latino community and other diverse and historically underserved populations as fully participating members of society. El Centro de la Raza responds to the broad range of community needs with culturally and linguistically competent programs in areas of human and emergency services, children and youth, asset - building and education, and housing and economic development. Of the 16,072 individuals and 9,989 households served in 2015, 55% of participants were Latino, 91% were people of color, and 93% were low - income. Our vision for development would include a community inspired, mixed use transit oriented development along Tukwila International Blvd., to include affordable housing, retail space, and offices to support educational, asset building, economic development, child care and human services programs. In addition, our development would include a multicultural- community center space, a commissary kitchen and public open space that would support the development of small businesses and the establishment of an international style market. Community Action Agency • United Way Agency • Affiliate of National Council of La Raza 252416th Avenue South, Seattle, WA 98144 • (2o6) 957-4634 tel • (2o6) 329 -0786 fax 177 www.eleentrodelaraza.org • 501(c)3 Nonprofit Tax ID: 91- o899927 El Centro hopes to expand its existing skills training and small business development services to the Tukwila area. Finally, the model we have in mind would develop retail business space and community and office space on the ground level and, affordable apartments in the upper floors. El Centro is open to partnerships with other organizations to provide additional services from the site, such as health care providers who have experience providing services to diverse communities and also led by communities of color. This project would support several elements of the City of Tukwila Comprehensive Plan, particularly in the Housing, TIB and Economic Development areas. To support economic development, El Centro would provide programs to improve and support the opportunities for education, skills training and job acquisition for Tukwila residents. By expanding our existing business opportunity center that supports entrepreneurs to develop their own small businesses, we would encourage and support aspiring local entrepreneurs, local startups and businesses to establish in Tukwila. An emphasis would be placed on businesses owned by people of color, women and veterans. With the inclusion of a commissary kitchen in the facility, the development will support food- related workforce development and entrepreneurship training, creating small businesses and new jobs for residents. A principal element of the development would be the creation of a significant number of high quality, affordable housing apartments. The mixed use development would feature ground level commercial and office space, and residences in the floors above street level. With a variety of educational and human services on site, families would be supported to permanently improve their economic well- being. El Centro de la Raza has a successful track record of working with affordable housing development consultants and funders to successfully finance the type of mixed use development we are proposing in the form of tax credits, fund development and other creative financing strategies. In relation to the Tukwila Village, this development would constitute an expansion of mixed use development, and an increase of local consumers living in the immediate area which will have a significant positive impact for local merchants. The development would support the community's expressed desire for attractive, walkable, locally- oriented activities that build on the Tukwila Village Project. The project would orient businesses along Tukwila International Blvd. to support a more vibrant, walkable business district. The project will provide public and private community gathering spaces for temporary events including food, art, music, pop -ups and activities that leverage nearby assets, such as schools and the library, and would reflect the international, multicultural character of the TIB area. Space and infrastructure will be provided to support permitted food vendors, pop -ups, and a farmer's market where residents and visitors will gather and sample multicultural flavor of the TIB area. For over four decades El Centro de la Roza has provided services and opportunities to immigrant, refugee, English Language Learners, low income, communities of color and other historically under - represented communities. In relation to affordable housing, El Centro's experience includes the development and management of affordable housing over the last 20 years. Our largest and most recent development is Plaza Roberto Maestas, Community Action Agency - United Way Agency - Affiliate of National Council of La Raza 178 252416th Avenue South, Seattle, WA 98144 - (206) 957 -4634 tel • (2o6) 329 -0786 fax www.elcentrodelaraza.org - 501(03 Nonprofit Tax ID: 91- 0899927 which is a new development at El Centro de la Raza, adjacent to the Beacon Hill Light Rail Station. This $45 million development, which was completed in the summer of 2016, has a total of 110 units of affordable housing available to individuals and families who earn between 30 % -60% of Area Median Income. This project was completed on time and under budget and also includes a new 9,200 square foot child development center. 3,200 square feet of Retail Restaurant space, a 570 square foot commercial kitchen, 4,500 square feet of office space and a beautiful 12,000 square foot public plaza. This development is a five over one design with the ground floor consisting of retail office and classroom space, and the top five floors consisting of affordable housing on the ground floor, and one, two and three bedroom apartments on the top five floors. El Centro de la Raza is interested in a partnership with the City of Tukwila that will support the creation of the development described above that will serve the residents of Tukwila for decades to come. We would look to negotiate a fair purchase price for the property, that makes this development affordable and mutually beneficial. In summary, with quality affordable housing, economic and retail development, job creation and educational and human services, this development will directly impact the quality of life for residents, help alleviate and eliminate poverty and offer amenities that support the social and economic health and vitality of the City of Tukwila and its residents. We appreciate your consideration and look forward to hearing back from you. Mil Gracias, Estela Ortega Executive Director El Centro de la Raza Community Action Agency • United Way Agency • Affiliate of National Council of La Raza 252416th Avenue South, Seattle, WA 98144 • (206) 957 -4634 tel • (2o6) 329 -0786 fax 79 www.elcentrodelaraza.org • 5o1(c)3 Nonprofit Tax ID: 91- 0899927 :1 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meeizq Date 11repared by Mayor's revieik Council re 11/21/16 LH ITEM INFORMATION ITEM NO. 61 181 ISTAFF SPONSOR: LAUREL HumPHREY I 0RI(,INAj..A(,,F.NI)ADATE: 11/21/16 lTF1MTJTLF A Resolution reaffirming the City's commitment to diversity, tolerance and inclusion. CATE(-,0RY F-] Discussion Mig Dale ❑ motion Alt ,g Date ❑ Resolution Mtg Date 11121116 ❑ Ordinance MIg Date ❑ BidAxard Mt g Date ❑ Public Hearing All ,g Date Ej Olber Mt ,g Date SPONSOR Z Coundl ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ 17' ❑ P&R [:]Police OPIV SPONSOR'S On November 14, 2016 the City Council requested that a resolution embracing diversity Summ'\RY and promoting tolerance and inclusion be drafted for consideration. Staff submits the attached draft and requests review and modifications as desired. REVIEWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: COMMITTEE C1-1AIR: RECOMMENDATIONS: SP0Ns(.)R/Ai)mIN. CO N11\411M �1 I," COST IMPACT / FUND SOURCE EXPENDITURE Rl,"(2UIRIIJ) AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/21/16 MTG. DATE ATTACHMENTS 11/21/16 Draft Resolution 181 182 D11 1 2 1 � V A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REAFFIRMING ITS COMMITMENT TO BEING A DIVERSE, TOLERANT AND INCLUSIVE CITY. WHEREAS, the City of Tukwila is a beautifully diverse community of neighborhoods, residents, businesses and visitors; and WHEREAS, the City of Tukwila considers this diversity to be one of its greatest assets and prioritizes the value of inclusiveness; and WHEREAS, the City Council adopted Resolution No. 1614 in 2006 reaffirming its commitment to being an inclusive community as a fundamental value; and WHEREAS, the City of Tukwila promotes civility and strives for a culture where tolerance and solidarity overcome fear and division; and WHEREAS, the City of Tukwila does not tolerate bias, harassment, or discrimination based on race, religion, ancestry, national origin, immigration status, gender, gender identity, sexual orientation, disability, age, housing status or status with regard to public assistance; and WHEREAS, we advance the principles of non - violence, tolerance, religious freedom, trust and safety, and recognize that these principles are valued by all communities in our City; and WHEREAS, all of Tukwila's residents deserve to live in a safe environment free of hate, discrimination and fear; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES ITS COMMITMENT TO EQUALITY AND INCLUSIVENESS FOR ALL RESIDENTS AND VISITORS TO OUR CITY AND, FURTHERMORE, WE RESOLVE TO: W: \Word Processing \Resolutions \Diverse - tolerant - inclusive city 11 -15 -16 LH:bjs Page 1 of 2 183 1. Prioritize and promote a welcoming environment for all in our community. 2. Commit to pursuing a policy agenda that affirms civil and human rights. 3. Engage with individuals and community groups to promote education and dialogue among all community members. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 7 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Processing\Resolutions\Diverse-tolerant-inclusive city 11-15-16 LH:bjs WA Page 2 of 2 l Ekberg, Mayor /� 0 Mayor's 1 David Cline, City Administrator The City of opportunity, the community of choice TO: Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: November 16, 2016 SUBJECT: Report for November 21, 2016 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Meeting with A Regional Coalition for Housing (ARCH): On October 25 Mayor Ekberg attended a South King County Region Affordable Housing meeting with Arthur Sullivan, Program Manager for A Regional Coalition for Housing. • Veteran Ft Human Services Community Conversation: On November 1 Mayor Ekberg attended a Veteran 8t Human Services Community Conversation hosted by King County at the Auburn Senior Center. • King County City Managers /City Administrators Monthly Meeting: City Administrator David Cline attended the King County City Managers /City Administrators monthly meeting on November 2 in Renton where Cabot Dow and Associates gave a presentation about Bargaining Trends, Forterra presented on Growth Values, and SCA provided an update. • South King County Region Affordable Housing Forum: On November 4 Mayor Ekberg attended a South King County Region Affordable Housing Forum hosted by Mayor Backus and the City of Auburn where local cities met with State Senators Joe Fain and Pam Roach and State Representatives Pat Sullivan and Joan McBride to discuss key legislative opportunities and challenges for the upcoming legislative session, Affordable Housing considerations, housing preservation opportunities and challenges and homelessness. • Seattle Southside Regional Tourism Authority Sports Advisory Committee: Marlus Francis, Fitness and Athletic Coordinator was appointed to the Seattle Southside Regional Tourism Authority Sports Advisory Committee. The main goal is to maintain a strong partnership with the Seattle Sports Commission and to complement regional sales efforts to better position Seattle Southside partners to receive the benefit of local sporting events. Efforts will be focused on recruiting, growing and retaining sports events in the area, and continuing to expand the visibility of Seattle Southside as a premier athletic destination, especially in the youth sports market. • Port of Seattle Flight Corridor Safety Program Public Meeting: On November 1 DCD staff attended a Port of Seattle public meeting on the proposed removal of up to 3,000 trees over the next three years as part of its Flight Corridor Safety Program. Port staff provided information on why the trees are proposed for removal. The first phase addresses trees on Port and Washington State Department of Transportation property 185 City Administrator's Report November 16, 2016 Page 2 (primarily trees on the unimproved extension of SR 509). The trees are viewed as "obstructions" and "dangers" to flight safety. The Port has already issued environmental review (SEPA) for the first phase. Meet the Cities Event: On October 25 Economic Development staff, in conjunction with the International Conference of Shopping Centers, hosted a networking reception at Starfire Sports called Meet the Cities. 20 Puget Sound cities joined retailers, commercial brokers, and leasing agents to learn about retail opportunities in the Puget Sound region. Brandon Miles, Business Relations Manager, is the co -chair of ICSC's Public - Private Alliance for Washington State. Presentation on Public /Private Partnerships: Derek Speck, Economic Development Administrator gave a presentation on public /private partnerships to a citizen task force sponsored by the City of Maple Valley focused on developing a plan for a 40 acre, undeveloped site owned by Maple Valley. Association of Washington Cities Regional Meetings: City Administrator David Cline attended the AWC Regional Meeting on November 10 at the Federal Way Community Center. More than 40 elected and appointed officials attended from the region. The meeting focused on discussing AWC's Legislative priorities, the upcoming Legislative discussion, and hearing from other cities about their current community and budget issues. II. Community Events • Decide the Future of your Community Potluck and Conversation: On November 3 Marlus Francis, Fitness and Athletic Coordinator and Evie Boykan, Human Services Manager attended the Decide the Future of your Community Potluck and Conversation hosted by Global to Local. The premise was to help build leadership and advocacy for social justice opportunities for our community. • The Homestretch: Evie Boykan Human Services Manager and Mary Hulvey Code Enforcement Officer attended the film screening of The Homestretch the first, off - campus showing of the University of Washington's Master's in Education Policy documentary series on current social issues. The film screening was hosted by the Tukwila School District at the Foster High School Performing Arts Center. • City of Tukwila Veterans Day Ceremony: On November 10 the City held its second annual Veterans Day Ceremony at the Tukwila Community Center. They event was organized by Council President Duffie and Mayor Ekberg. Councilmembers Robertson and Hougardy and several City staff members were in attendance. Alex Zuniga, an 8th grader at Showalter Jr. High, performed the National Anthem, Lt. Colonel William Blakey was the guest speaker and the Teamsters Local 117 provided lunch for all attendees. • Museum of Flight Veterans Day Program: Mayor Ekberg offered welcoming remarks at the Museum of Flight's annual Veterans Day program on November 11. Council President Duffie participated in the presentation of the colors and Councilmembers Robertson and Kruller were in attendance. Deputy Police Chief and Brigadier General Bruce Linton offered the keynote address. III. Staff Updates Public Safety Phone: 2416- 433 - 1800 + Email, ayor TukwilaWA.gov + Website: T"ukwilaWA.gov W. City Administrator's Report November 16, 2016 Page 3 • The International Associations of Chief of Police Annual Conference: In October Chief Villa attended the International Associations of Chief of Police annual conference in San Diego. Every year, the IACP Annual Conference and Exposition brings together educational programs, renowned keynote speakers, community- building special events and the largest collection of tactical equipment and technology solutions available for law enforcement. Attendees are professionals from federal, state, county, local and tribal agencies. Community Meeting: On November 2 Mayor Ekberg, Councilmember Robertson, Deputy Chief Rick Mitchell, Detective Randy Rusness, Officer Matt Valdez, Community Oriented Policing Coordinator Chris Partman and Code Enforcement Officer Mary Hulvey participated in a community meeting with approximately 12 homeowners from McMicken Heights. Safety Training: On November 2 Community Oriented Policing Coordinator Chris Partman provided safety training for doctors and their staff at the Tahoma Clinic Proiect Updates • Southcenter Pedestrian /Bicycle Bridge: The rebar cage is complete and concrete is being poured for the Pier 2 cap (west side of Green River). Abutment 1 (west side of Green River) is in progress and another concrete pour is anticipated next week. Work has started on the rebar cage for the Pier 3 cap (east side of Green River). • S 119th St Pedestrian Bridge: As of November 8 all the wood members on the bridge were sanded and sealed. County crews need a stretch of clear weather to install the new deck surface. • Andover Park East Water /Sewer: The new sewer line from Strander Blvd to the Washington Place development has been completed and they are currently working to activate a portion of the system prior to the winter shut down. We anticipate they will be off the road in time for the holiday road closure moratorium. • Crystal Springs Emergency Surface Water Repair: The project is scheduled to be completed November 23. • Duwamish Gardens: Contractor poured new sidewalk and a driveway and paved the parking area. They are also installing the Focal Point at the west end of the project site. • BAR Bridge Rehab: BNSF forwarded the final overpass agreement and occupancy permit to the city. Staff can now begin the process of certifying ROW and applying for construction grant funding through the state. Advertising for construction management services commenced on November 9. It is anticipated that construction bids will be advertised in early 2017. • Tukwila Village: Construction continues on the foundations for the senior apartments on the south side of 144th. The shape of the plaza building, which will house a cafe, community meeting room, and commercial kitchen, is now fully visible. The Library District and developer are evaluating a plan for temporary parking to be in place in time for the Library opening in early 2017. • Motels Site: The City has received letters from two organizations interested in purchasing the four parcels previously owned by the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop. This item will be discussed at the City Council meeting on November 14. • Tukwila Station Sound Transit has budgeted for the removal of the illegal dirt pile on their site and expects to issue a contract by March 2017. The permit for the Station Phone: 2416- 433 - 1800 + Email: ayor TukwilaWA.gov + Website: T"ukwilaWA.gov :A City Administrator's Report November 16, 2016 Page 4 expired prior to a completion of the all the work and resolution of that code violation. The permit will need to be reactivated and a final inspection conducted. Phone: 206-433-1800 + Email; ayor TukwilaWA.gov + Website; T"ukwilaWA.gov Upcoming Meetings & Events November/December 2016 21st (Monday) 22nd (Tuesday) 23rd ednesda 24th ffhursday) 25th (Friday) 26th (Saturday) ➢ Transportation ➢ Finance & Thanksgiving City offices and Tukwila Int'l. Cmte, Safety Cmte, Day Tukwila Blvd. Action 5:30 PM 5:30 PM City offices and Community Cmte's (Foster (Hazelnut Tukwila Center closed. Trash Pickup Conference Conference Community Day Room) Room) Center closed. 9:00 -10:00 AM r ➢ City Council Regular Mtg., For location or 7:00 pm information contact (Council Sharon Mann Chambers) 206 - 200 -3616 28th (Monday) 29th (Tuesday) 30th (Wednesday) 1st (Thursday) 2nd (Friday) 3rd (Saturday) ➢ Community ➢ Utilities Cmte, ➢ Equity & 2016 Tukwila Earth Corps Affairs & Parks 5:30 PM Diversity Holiday Lights Volunteer Work Party at Cmte, (Foster Commission, Contest entry Codiga Park 5:30 PM Conference 5:15 PM forms due at 9:30 AM- 2:00 PM (Hazelnut Room) (Hazelnut Noon. Visit earthcorps.org/ Conference Conference More information volunteer.php Room) Room) available at www.tukwilawa. ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Arts Commission: 3rd Weds., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Civil Service Commission: 1 st Mon., 5:00 PM, Hazelnut Conf Room. Contact Sara Valdez at 206 - 431 -2187 ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206- 431 -2197 ➢ Equity & Diversity Commission: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room, Contact Cheryl Thompson at 206 - 433 -1850. ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) A contract with Summit Strategies for lobbying services. (B) An agreement with Total Destination marketing for branding for the City's day marketing campaign. (C) A contract with Kenyon Disend for City Attorney services. (D) A contract with Kirshenbaum & Goss for public defender services. (E) A lease agreement with Alliance One. (F) a non - binding statement of intent to enter into an Interlocal Agreement with Regional Animal Services of King County (RASKC). (G) 2016 31 Quarter financial report. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206 - 767 -2332. ➢Planning Commission/Board of Architectural Review: 41 Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670 ➢ Transportation Committee: 1 st & 3rd Mon., 5:30 PM, Foster Conf. Room (A) ADA Transition Plan update. (B) ADA Transition Plan Design Services Supplemental Agreement No. 1 with Transpo Group. (C) Baker Blvd. Non - Motorized Improvements Interagency Agreement with King County. (D) 2016 Overlay and Repair Program Project Completion and Acceptance. (E) King County Metro Alternative Services Pilot Participation Application. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 591 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. We Tentative Agenda Schedule MONTH ; , MEE'T'ING 1— - MEETING 2 - MEETING 3 -` MEETING 4 REGULAR C.O.W. REGULAR C.O.W: November 7 14 21 28 See agenda packet Public Hearing: cover sheet for this Code changes relating to week's agenda Low Impact Development (November 212016 requirements (TMC Titles Regular Meeting). 8,14,16 and 18). Special Issues: -An ordinance updating regulations related to surface water manage- ment (TMC Title 14). -An ordinance implementing Low Impact Development requirements (TMC Title 16). -An ordinance implementing Low Impact Development requirements in the design and review of surface water drainage on development projects (TMC Titles 8 and 18). -A non - binding statement of intent to enter into an Interlocal Agreement with Regional Animal Services of King County (RASKC). -A resolution adopting the Green Tukwila 20 -year plan. -A resolution accepting a land donation. -An ordinance updating the rental license requirements to match the fee resolution and require proactive pest control. -A resolution authorizing study of the Landscape Conservation and Local Infrastructure (LCLIP) program - Affordable Housing Legislation. - Interagency agreement between King County Parks and Recreation and City of Tukwila for Baker Boulevard and Christensen Road Improvements for Bikes and Pedestrians. - Budget Legislation. 190