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HomeMy WebLinkAboutREG 2018-08-20 COMPLETE AGENDA PACKETMonday, A Tukwila City Council Agenda RE ULAR EETI 90 Allan Ekberg, Mayor Councilmembers: ❖ Dennis Robertson •:• Kathy Hougardy David Cline, City Administrator •:• De'Sean Quinn ❖ Kate Kruller Verna Seal, Council President •:• Thomas McLeod •:• Zak Idan August 20, 2018; 7:00 PM • Ord #2585 • Res #1942 1, CALL TO ORDER j PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. Introduction of summer interns. Mia Navarro, Community Engagement Manager • Jamieson Aldrich, Police Department • Travis Boyd, Fire Department • Najma Hashi, Mayor's Office • Leary Labanlic, Department of Community Development • Ryan Mathew, Technology & Innovation Services Department • Rizzaruth Savoy, Mayor's Office • Donna Te, Human Resources • Kristina Te, Finance Department • Nigel Veach, Public Works • Paulina Viskova, Parks & Recreation Department 3. APPOINTMENTS a. Equity and Social Justice Commission: (1) Confirm the appointment of Bridgette Agpaoa Ryder to Position #2 on the Equity and Social Justice Commission, with a term expiring 12/31/2019. (2) Confirm the appointment of Joe Duffle to Position #6 on the Equity and Social Justice Commission, with a term expiring 12/31/2018. Pg.1 Pg.5 Pg.7 4. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per person). 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.) 5. CONSENT AGENDA a. Approval of Minutes: 8/6/18 (Regular)' b. Approval of Vouchers c. Legal and prosecution services: 1. Authorize the Mayor to sign Amendment No. 1 to contract #16-183 with Kenyon Disend, PLLC, to discontinue prosecution services and reduce the monthly compensation amount from 546,436 per month to 533,436 per month. 2. Authorize the Mayor to sign a contract with the Walls Firm for prosecution services effective September 1, 2018 through December 31, 2018 in the amount of 13,500 per month. [Reviewed and forwarded to Consent by the Public Safety Committee on 8/6/18.] Pg.9 Pg.13 Pg.17 (continued..) REGULAR MEETING August 20, 2018 Page 2 5. CONSENT AGENDA (cont.) d. Award a bid and authorize the Mayor to sign a contract with Ceccanti, Inc., for the 2018 Annual Small Drainage Program in the amount of 5543,836.40 (plus contingency). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 8/13/18.J e. Authorize the Mayor to sign a grant agreement with the King County Flood Control District through the Cooperative Watershed Management Program for the "Green the Green" Program in the amount of $50,000.00 (funding coming to the City), [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 8/13/18.] f. Authorize the Mayor to sign a contract with Applied Ecology, LLC, for construction of the "Green the Green" Program, in the amount of S132,634.70 (plus contingency). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 8/13/18.] g. Approve a 2018 lodging tax application from the Museum of Flight for Museum of Fright, Veterans Day Activities, Santa's Fly -In, and general marketing activities in the amount of s30,000 from lodging tax funds. [Forwarded to Consent by the Committee of the Whole on 8/13/18.] h. Authorize the Mayor to sign Amendment No. 2 to contract #17-142 with The Watershed Company for updates to the Sensitive Areas Code in the amount of S33,715.00 (pushing the contract to over S40,000). [Forwarded to Consent by the Committee of the Whole on 8/13/18.] Pg.27 Pg.37 Pg.43 Pg.51 Pg.53 6. UNFINISHED a. An ordinance establishing sewer connection requirements for "the Loop and Surrounding Area" and defining service area boundaries. b. Authorize the Mayor to sign a Collective Bargaining Agreement with Tukwila firefighters/International Association of Firefighters (IAFF) #2088 for the period January 1, 2017 through December 31, 2019. Pg.55 Pg.61 BUSINESS 7. NEW BUSINESS 8. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Council Analyst - Monthly Report from the Program Management Quality Assurance (PMQA) provider for the Public Safety Plan Pg.63 Pg,67 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Reasonable City Clerk's www.tukwilawa.gov, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the Office (206-433-1800 or TukwilaCityClerki TukwilaWA.gov). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer 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 and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included an the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. 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: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public 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 MeetiqDate Prepared by Mayor's r le Council review 08/20/18 CT L —) ITEM INFORMATION ITEM No, 3.A. S'i ,\HH SPoNsoit: MAYOR EKBERG ORIGIN U. AG I ADA D \ Ft: 08/20/18 AG! ,ND Iiri Ti rim, Appointments to Equity and Social Justice Commission cUJJ Ion Motion 08/20/18 El Resolution Ali,g Date 0 Ordinance Mtg Date Award II Public Hearing Aig Date E Other Al tgDate CA fl^,(3()RY . D1,1 1 U Bid Mtg Date AltgDate Mug Date SPONSOR 'ot iR. nDCD l7Inance LFire OTS EIP&R Polte EPIf— Court 1 Mayor SPONSOR'S Appointment of Bridgette Agpaoa Ryder and Joe Duffle to the Equity and Social Justice SLININI \RY Commission RFA 11WI ,I) BY LII C*0. \Xl. Mtg. CDN Comm 0 Trans &Infrastructure Arts Comm. DATE: n Finance Comm. El Parks Comm. El Public Safety Comm. n Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SpoNsoR/ADmir, COMMI r fl,l, COST IMPACT / FUND SOURCE ExpENDriliRl RI'QUIRI I) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/20/18 MTG. DATE ATTACHMENTS 08/20/18 Informational Memorandum dated 8/2/18 1 2 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL ME ORANDUM TO: City Council FROM: Mayor Ekberg DATE: August 2, 2018 SUBJECT: Equity and Social Justice Commission Appointments ISSUE The Equity and Social Justice Commission currently has two vacancies. I am recommending the following applicants be appointed to the Commission. A copy of the application for each new appointee is attached. Equity and Social Justice Commission Position #2: This position is currently vacant. I am recommending the appointment of Bridgette Agpaoa Ryder to Position #2. The term for this position expires December 31, 2019. Position #6: This position is currently vacant. I am recommending the appointment of Joe Duffie to Position #6. The term for this position expires December 31, 2018. RECOMMENDATION I am recommending the appointments listed above be confirmed by Council at the August 20, 2018 Council Meeting. 3 4 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS Email: BoardsCommstukwilawa.bov Website: www.tukwilawa.bov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. NAME: cC-ic-&-. /2, k.) Last ADDRESS: treet MAILING ADDRESS (if different): HOME PHONE: EMPLOYER: 11.1v,.)3 E-MAIL Please check all that apply to you withiruhe City of Resident 0 School District Representative DATE: S Firs0 City CELL/MOBILE PHONE: ukwUa 0 Business Owner/Representative 0 High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: Arts e-Ccks2'.,:e-, O Civil Service Equity & Social Justice O Park fl Planning BOARDS & COMMITTEES: O Community Police , Human Services (tI 0 Library O Lodging Tax 0 Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? 0 YesNo If "yes", please list: AVAILABLE TO ATTEND MEETINGS: Pg.,Daytime Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): 0 INTERVIEW DATE: FOR CITY USE ONLY: APPOINTED: D Yes 0 No TERM EXPIRES: 5 BOARDS/COM MISSIONS APPLICATION FOR APPOINTMENT Professional/Community Activities (organizations, clubs, service groups, etc): Hpbbies8ntereato: Qualifications as related to this position: Other opmn`entahaddiUona|information for consideration: " -�q Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application m � � DATE: City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS Email: BoardsCommstukwilawa.aov Website: www tukwilavvadov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. NAME -I , L'ast First MAILING ADDRESS (if different): HOME PHONE: EMPLOYER: CELL/MOBILE PHONE: E-MAI Please check all that apply to you within the City of Tukwila limits: 'Resident 0—Business Owner/Representative 12;1- 'School District Representative III --High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: O Arts O Civil Service 0 Equity & Social Justice O Park 0 Planning BOARDS & COMMITTEES: O Community Police O Human Services 0 Library O Lodging Tax Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? Ei''Ves 0 No If "yes", please list: AVAILABLE TO ATTEND MEETINGS: laCaytime ErEVenings Please contact me regarding other City of Tukwila volunteer opportunities (check box):El FOR CITY USE ONLY: INTERVIEW DATE: APPOINTED: 0 Yes 0 No TERM EXPIRES: 7 BOARDS/COMMISSIONS APPLICATION FOR APPOINTMENT' Professional/Community Activities (organizations, clubs, service groups, etc): Hobbies/Interests: Qualifications as related to this position: Other comments/additional information for consideration: Applicant's Signature Date Note: Upon submission, all Information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call (206) 433-1800. 8 COUNCIL AGENDA SYNOPSIS ---- - ------- -- - -Initials - Medi ii,gDate Prepared by Mayors reviewCounci/ review 08/20/18 CT ITEM INFORMATION ITEM Na 5.C. SIAM, SPoNS0R: DAVID CUNE ORIGINAL AGFND \ DA 1 k: 08/06/18 AckNI) \ ITEM Tot!:Amendment to Kenyon Disend Contract for City Attorney Services Contract for Prosecution Services with the Walls Law Firm CAri,Goity fl DlicUJJ/011 Mg Date 1 Motion Date 08/20/18 0 Resolution Mg Date a Ordinance 0 Bid Award buy Date 0 Public Hearin Mg Date 0 Other Ally Date Mg il It,g Date SPONSOR -Wined OA Mayor 0 IR EDCD Finance RFire [ITS 0P&R Police fPJV flcourt SP ( )N SOW S The Kenyon Disend contract amendment reflects no longer providing prosecution services SUMMARY and a reduction in monthly compensation from $46,436 to $33,436. The City will contract with the Walls Law Firm for prosecution services for a flat rate of $13,500 per month. RI XII ANTD BY 111 C.O.W. Mtg. El Trans &Infrastructure DATE: 08/06/18 ri CDN Comm El Finance 111 Parks Comm. Comm. CHAIR: HOUGARDY Public Safety Comm. EI Planning Comm. Arts Comm. COMMI I'l EE RECOMMENDATIONS: SPoNsoR/ADmiN. CONINE Mayor's Office 1.11,k Unanimous Approval; Forward to Consent Agenda on 08/20/18 COST IMPACT / FUND SOURCE Exri ND' I URI:, RP QUIRE, D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/20/18 MTG. DATE ATTACHMENTS 08/20/18 Informational Memorandum dated 08/01/18 Kenyon Disend PLLC Contract Amendment #1 Contract for Prosecution Services with Walls Law Firm Minutes from the Public Safety Committee meeting of 08/06/18 9 10 City of Tu ila Allan Ekberg, Mayor TO: INFOR ATIONAL E ORANDU Mayor Ekberg Public Safety Committee FROM: David Cline, City Administrator DATE: August 1, 2018 SUBJECT: Kenyon Disend, PLLC Contract Amendment Contract for Prosecution Services BACKGROUND The City contracts with Kenyon Disend, PLLC for City Attorney services, which has included a provision for prosecution services. For the past several years Kenyon Disend has sub- contracted prosecution services out to the Walls Law Firm. DISCUSSION As of September 1, 2018 Kenyon Disend will no longer be sub -contracting out prosecution services. The attached contract amendment reflects the discontinuation of prosecution services and a corresponding reduction to the monthly compensation from $46,436 per month to $33,436. To ensure continuation of prosecution services, the City is proposing to contract directly with the Walls Law Firm for prosecution services effective September 1, 2018 through December 31, 2018 for $13,500 per month. The City plans to post a Request for Proposals (RFP) for Prosecution Services for the 2019-2020 biennium. The RFP will be posted August 22, 2018 and all proposals will be due by 5 PM September 21, 2018. RECOMMENDATION It is recommended that both contracts be forwarded to the consent agenda of the August 20, 2018 City Council meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Contract Amendment for Kenyon Disend PLLC for City Attorney Services Draft Contract with the Walls Law Firm for Prosecution Services 11 12 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 1906 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Kenyon Disend PLLC That portion of Contract No. 16-183 between the City of Tukwila and Kenyon Disend is hereby amended as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A-1 attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B-1 attached hereto and incorporated herein by this reference. All other provisions of the contract shall remain in full force and effect. Dated this day of , 2018. CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED Michael R. Kenyon Managing Member APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney 13 EXHIBIT A — 1 SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney office consisting of one city attorney and one assistant city attorney/prosecutor. In particular, Contractor agrees to: 1. Provide general city attorney services, which include but are not limited to: A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee of the Whole, Committee meetings, and meetings of City Boards and Commissions, upon request; C. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials as requested; D. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; Provision of cellular telephones to all attorneys employed by Contractor, and a list of such telephone numbers to the City; J. Comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall; and K. Oversight and coordination of the City Clerk's Office. 1 4 Kenyon Disend Contract Amendment 2018 Page 2 of 4 N. File and defend appeals of municipal court decisions; and O. Such other city prosecution matters as arc assigned. 3. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: P. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 4. Provide Special Services, which include but are not limited to: Q. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor and shall be subject to paragraph 3 of Exhibit B regarding compensation. 5. Provide paralegal services, which include but are not limited to: R. General paralegal support for the City Attorney and for the prosecuting attorney equivalent to one FTE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. Kenyon Disend Contract Amendment 2018 Page 3 of 4 5 EXHIBIT B — 1 COMPENSATION AND METHOD OF PAYMENT 1. For 2018, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $46,436.00, $33,436.00 plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long- distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, (c) all criminal appeals collectively filed by or against the City, (d) all significant projects which require specialized knowledge and hours expended outside of the regular office hours for that attorney; and (e) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 2017 and 2018. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2017 and 2018. A copy of Contractor's hourly rates for 2017 is attached hereto. Rates for 2018 shall be provided to the City by October 1, 2017. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. 6 Kenyon Disend Contract Amendment 2018 Page 4 of 4 2905 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Walls Law Finn hereinafter referred to as "the Contractor. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perfoiin such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, ordinances and rules applicable to the performance of such services and the handling of any funds used in connection therewith including the provisions of the Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by the City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written approval from the City if the scope of services is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing September 1, 2018 and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified or extended by the express written consent of Contractor and the Mayor or his designee. 4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except Prosecution Services Page 1 ofl 7 for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance, The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise fi-om or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Professional Liability Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement Professional Liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- 18 Prosecution Services Page 2 of 7 Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 4. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement, to the extent permitted by law. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this agreement, shall not discriminate against any employee, applicant for employment, on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, Prosecution Services Page 3 of marital status, political affiliation or the presence of any sensory, mental or physical disability in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: Walls Law Fiiiii 16300 Christensen Rd Tukwila, WA 98188 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2018. CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk WALLS LAW FIRM Name, Attorney, WSBA No. APPROVED AS TO FORM: Rachel Turpin, City Attorney 20 Prosecution Services Page 4 of 7 EXHIBIT A - SCOPE OF SERVICES 1. Review, make filing decisions, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes and represent the City on all contested traffic hearings. 2. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila including but not limited to: in-custody/out-of-custody arraignments, pre-trial hearings and motions, readiness hearings, bench and/or jury trials, sentencings, review hearings and appeals. 3. Conduct investigations, contact witnesses, conduct plea bargain negotiations and make appropriate plea offers consistent with the laws and regulations as well as City of Tukwila standards and policies, make sentencing and bail recommendations to the Court, prepare and present legal memoranda, subpoenas, jury and other related materials, argue motions, represent the City at restitution hearings, conduct bench and/or jury trials. 4. Administrative functions relating to criminal prosecution and contested traffic hearings such as creation and maintenance of files, and completion of discovery requests. Files will be retained in accordance with the State of Washington records retention requirements. 5. Provide legal research, training and assistance to the Tukwila Police Department including statutory interpretation, enforcement issues and case decisions. Attend police department administrative staff meetings as requested. 6. File and defend appeals of municipal court decisions. 7. Contractor agrees to attend seven (7) hours of prosecution focused training each year. This requirement also applies to all associate counsel. Each Attorney will submit a copy of their Continuing Legal Education (C1_,E) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. 8. Reporting: Contractor agrees to submit the following reports: • Monthly Statistics Reports: This report shall take substantially the same form as that attached hereto as Exhibit C and shall be submitted with the monthly invoice; • An Annual Report detailing the number of cases filed for the year, the number of cases referred for pre -filing diversion, the number of cases where pre -filing diversion was successfully completed, the number of cases where stipulated orders of continuance or deferred prosecution was agreed to and the number of cases dismissed. Prosecution Services Page 5 of3 1 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. For all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $13,500. 2. The Contractor shall invoice the City by the 10th day of each month for the previous month services. 22 Prosecution Services Page 6 of 7 EXHIBIT C - PROSECUTION MONTHLY REPORT New Filings vmaitViNEWVITi AligtOORNiteRatetattag,::sm, Referred for pre -filing diversion Successful completio e-fihirnt div ion Defer Pro cutio SOC/ Pre -Trial Diversion Agreem n DW S 3 Amended to Infraction Dismissals prior o Readines Stipulated Facts T nch Trial ury Tri Dismissals — Post Readiness/Day of Trial Prosecution Services Page 7 o12l3 24 NSILA 0 0 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes August 6, 2018 - 5:30p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: David Cline, Bruce Linton, Bill Devlin, Brandon Miles, Jay Wittwer, Don Tomaso, Kim Walden, Trish Kinlow, Laurel Humphrey Guests: Justine Kim, Shiels Obletz Johnsen; Steve Goldblatt, Public Safety Plan Program Management Quality Assurance Consultant; Joe Duffie, resident; Jeff Moser & John Kleba, Knox Company CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Contract Amendment: Demolition Services for Justice Center Staff is seeking Council approval of Amendment No. 2 with BNBuilders in the amount of $134,571 for demolition of the property located at 14835 Tukwila International Boulevard. The 6,600 square foot building is vacant and attracting squatters, vermin and associated public health problems including small fires. BNBuilders has received competitive bids for the demolition and staff would like to expedite this contract so the demolition can occur as soon as possible. The cost is budgeted in the Plan and the Program Management Quality Assurance consultant concurs with the amendment. UNANIMOUS APPROVAL. FORWARD TO AUGUST 6, 2018 REGULAR MEETING. B. Contracts: Legal and Prosecution Services Staff is seeking Council approval of a contract amendment with Kenyon Disend, PLLC in the amount of $33,436 per month for City Attorney services. In addition, because Kenyon Disend will no longer be sub -contracting out prosecution services, staff is seeking a contract with the Walls Law Firm in the amount of $13,500 per month for a term ending December 31, 2018. The City plans to issue an RFP for prosecution services for 2019-2020. The Kenyon Disend contract amendment shows a cost reduction due to the removal of the prosecution service subcontract. Committee members expressed support for the RFP process and indicated that cost should not be the only factor evaluated in an effortto obtain high quality services. UNANIMOUS APPROVAL. FORWARD TO AUGUST 20, 2018 REGULAR CONSENT AGENDA. 25 26 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review ' Council review 08/20/18 HH , Mil- • ITEM INFOR ATION ITEM No, 5.D. CAS Nnttita: St \PI SPONSOR: HENRY HASH ORIGIN U. AGI,,ND \ D \ i 1 : 08/20/18 AGI ND \ I I LNI TI ILI Surface Bid Water Fund Award to Ceccanti, - 2018 Annual Inc. Small Drainage Program C \ t i,G( )RY E Discussion A kg Date • Motion Dale [1] Resolution .11tg Date Ordinance Bid Award 08/20/18 • Public Hearin El Other hug Date Ilkg Mtg Date Mtg Date illtg Date SPONSORCouncil Major HR DCD Finance Li lire IT LI P&R Li Po/ice E PU" spoNsoR's The 2018 Annual Small Drainage Program was advertised for construction on July 17 and St TIMI 'MY 24, 2018. Three bids were received on July 31, 2018 with the low bid of $543,836.40 from Ceccanti, Inc. The 2018 Small Drainage Program will include seven sites for drainage improvements. Additional funding from King County Flood Control District is expected for $50,000. Council is being asked to award the contract to Ceccanti, Inc. in the amount of $543,836.40. RI Niiwi I) lil El COW Mtg. 11 Utilities Cmte DATE: 08/13/18 El CA&P Cmtc 0 F&S Cmte 111 Parks Comm. COMMITTEE CI- IAIR: THOMAS a Transportation Cmte • Arts Comm. Ej Planning Comm. MCLEOD RECOMMENDATIONS: SP( NsoR/ADNIIN, Commi Public Works in Li, Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE Expi Ni)i I URI RI QUIRE I) AMOUNT BUDGETED APPROPRIATION REQUIRED $543,836.40 $545,000.00 $50,000.00 Fund Source: 412 SURFACE WATER (PAGES 96, 2017 CIP) Comments: Additional funding from King County Flood Control District of $50,000.00 MTG. DATE RECORD OF COUNCIL ACTION 08/20/18 MTG. DATE ATTACHMENTS 08/20/18 Informational Memorandum dated 08/10/18 Page 96, 2017 CIP Project Location Map Bid Tabulation Minutes from the Transportation & Infrastructure Committee meeting of 08/13/18 r —, L 28 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIO AL E ORA DU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director #1/- BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: August 10, 2018 SUBJECT: Surface Water Fund - 2018 Annual Small Drainage Program Project No. 91841201 Bid Award ISSUE Award a contract to Ceccanti, Inc. for construction of the 2018 Annual Small Drainage Program. BACKGROUND The Small Drainage Program constructs drainage projects throughout the City that are too large for City staff to complete but are smaller than a typical capital improvement project. The projects originate from citizen complaints and maintenance staff recommendations and are compiled on the Small Drainage Project List. Each year the projects are prioritized based on need, expense, permitting requirements, and length of time on the list. The highest priority projects are then designed and constructed. The 2018 Annual Small Drainage Program was advertised to provide drainage improvements at up to five locations as noted in the attached vicinity map. DISCUSSION The 2018 Annual Small Drainage Program was advertised for bids on July 17 and 24, 2018. Three bids were received and opened on July 31, 2018. The bids were checked, tabulated, and no errors were found. Ceccanti, Inc. is the apparent low bidder with an overall bid of $543,836.40. The engineer's estimate was $491,868.00. FISCAL IMPACT (All amounts include sales tax) The 2018 Small Drainage Program has Surface Water construction funds budgeted at $515,000. Construction management (CM) is budgeted at $80,000, but will be completed by in-house staff, so $35,000 is now being allocated for construction, with the remaining budget available for consultant support. In addition, The King County Flood Control District included $65,378 in their capital budget for the South 180th St Flood Wall Extension, which is part of this 2018 Small Drainage Program. The cost of the flood wall site is eligible for reimbursement based on the bid results, estimated to be $50,000. Bid Results Estimate 2018 Budget Bid Amount (Schedule A & B) $ 543,836.40 $ 491,868.00 $ 515,000.00 Contingency (10%) 54,383.64 Surface Water CM Funds 35,000.00 King County Flood District Funding 50,000.00 Total $ 598.220.04 $ 491 868.00 $ 600.000.00 RECOMMENDATION Council is being asked to award the construction contract for the 2018 Annual Small Drainage Program to Ceccanti, Inc. in the amount of $543,836.40 and consider this item on the Consent Agenda at the August 20, 2018 Regular Meeting. Attachments: CIP Page 96 Vicinity Map Bid Tabulation W:IPW EnelPROJECTS1A- DR ProjectslAnnual Small Drainage Programs12018 SDP (91841201)1ConstructoMBid Award1Working DooslInfo Memo Bid Award 2018.docx 29 30 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Annual Small Drainage Program Project No. SXX41zn1 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION:Pmdr ainage theCi�.indudingcu|,e� vep|amamento, drain extensions. and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MA|NT IMPACT: Reduces maintenance. Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar %'°°°M-".. FINANCIAL Through Estimated 2019 BEYOND TOTAL sXpEN8sG Design 74 OU 80 80 80 80 OO 80 80 714 8trearngages/Monitor 10 10 35 35 36 36 36 36 40 274 Const. Mgmt. 62 VO 80 80 80 OO OO 80 80 702 Construction 255 515 515 515 514 514 514 515 513 4,368 TOTAL EXPENSES 401 sos 710 710 710 710 710 70$ 713 6,058 FUND SOURCES Awarded Grant O Proposed Grant O Mitigation Actual 0 Mitigation Expected n Utility Revenue 401 685 710 710 710 710 710 703 713 6.058 TOTAL SOURCES 401 Voa 710 710 710 710 710 roe 713 6.058 Project Location: Entire System 20/7-2022 Capital Improvement Program 96 TUKWILA INTERNATIONAL BLVD PIPE ABANDONMENT INTERURBAN AVE CATCH BASIN RETROFITS GILLIAM CREEK OUTFALL ACCESS IMPROVEMENTS LEVEE 205 DRAINAGE REPAIR CATCH BASIN RETROFIT S 180TH ST BRIDGE RETAINING WALL CATCH BASIN RETROFIT VICINITY MAP 2018 Tukwila Small Drainage Program 32 EXHIBIT 2 - BID TABS CITY OF TUKWILA - DEPARTMENT OF PUBLIC WORKS 2018 Small Drainage Program BID TABS Total 07f31/18 Engineer's Estimate Road Construction NW Ceccrint: Award Construction SectionItem Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Costo fi ROADWAY (SCHEDULE A) FA y. 0 2 110 r 0 0ii 27 0$ 26,0 # # 0,000 i 27,000 $ 62,QQ0 LE •• 0 2 2,2 1 2,200 0 0,it 0 2,4rl $ 2,46 � :1 Temporary Water Pollution/ Erosion Control ®+ rrrr # r t i # tr $ S10QD Cement Conc, Trallic Curb and Gutter F 1 ' t '. 1 i t $ 6 SOD 7 -. 8.04 Extruded Curb # i it r/R 3450 ROADSIDE DEVELOPMENT (SCHEDULE A} ..._ _ •2 Topsoil Type A 20 CY $6QQ0 $ 120Q $70D0 $ 1 400 $4 oQ : 0 . 00 2.1 -02 Seeded Lawn Installation 16t1 SY S6DD 1080 $330 $ 594 $6 00 , i 10 1 ® 8-02 Pro orty F estorafio FA 54,00CI.On $ 4,00: i $4,Q0Q.00 $ 4,000 $4,000 DD r • 00 4,00 STORM DRAINAGE (SCHEDULE A} t5 7-05 Catch Basin rof 4 EA 2 00 0 7 0 4,0Q0.00 $ 172,000 03000.00 $ 29,400 $ 5,150.00 $ 135450 4 7-05 Abandon Existing S[arm Sewer tl1 : 0').e A Ple 11 1 S3A00,00 $ 3,000 $45,00¢],00 $ 45,000 52300.00 $ 2300 $ChedUA Tts#al 245,937 00 , t1 It $ 28 t2'44.00 284,980.00 I 2761 ROADWAY (SCHEDULE B} ,98U.{}0 5 04 Unex ected Sile Chan es 1 p 9 FA $14 000 00 $ 14,000 r $ 14 00D 514,QOD.OD 1 $ 14 000 St4,OD0.D0 � 14,000 6 1-09 Mobilization 1 LS 520 000.00 $ 20,000 00 _ « 1 r r $ 8,000 25 000 1 17 1-10 Project Temporary Trail, - Control 1 LS 523 000.00 $ 23,000 / • i i 1 i i r 5 2,000 . r l f8 2-01 Clearing and Grubbing 1 LS $11 000.00 $ 11, 0( 1. i 1 r i r i 1 # i 11 19 8-01 Tern. ora Wafer PnCl,.1 cr / Erasion Control � 1 _, _. LS $13 000.00 0 13'000 - r 1 0 4,0 5,000 , • 1 t r • 00 ROADSIDE DEVELOPMENT (SCHEDULE B} 20 0 -32 Topsoil fiype A 2i CY 560_00 5 1,26D -.- $70,00 _ . _ - 1,47D $24,€10 $6Q4 463,00 `� 1323 21 8-Q2 Seeded Lawn Installation 220 SY 56 00 $ I32Q $3,30 $ 726r $6,40 $ 5,320 $17,00 5 3740 22 8-02 Pro. o Restoration t FA $8,000AD $ B00D 58,000-53 $ 8000 5B,D00-00 $ 8,000 $B,D00.00 0 0 STORM DRAINAGE (SCHEDULE B} 04 7 48 tFurn sh &Instal€ 18' D am CIPP is r Storm Sewer 1 LS $27 OQD 05 $ 27,ocr $38,000.Q0 $ 38,DDD $Bi . !i1 D0 $ 81,QQ£t $65,000.00 $ 65,Q(ith ._ GILL14M CREEK OUTFACE ACCESS IMPROVEMENT (SCHEDULE B} 24 6-20u Ciutlet Stair Stricture I LS $b0 QOGS.OtI R $ SQ.0Q�5102 0Q0.D0� 5 142 QDo $88 4DQ 00}- 68,000 $96 000.00 $ g6,0QD GILLIAM CREEK OUTFACE ACCESS IMPROVEMENT (SCHEDULE 8} 25 6-11 Relainini Wail -- ®$4500i1.D0 5 45,000 $66.00000. 5 66,000 544,ODQ.00 $a 44,000 $50,000.00 $ 500Q0 du i u o- 223 580.00 ®_„_ 268,39£r ;��Zit�'� t t ;; 268,263.00 Schedule B WSST 10% 22 358.t10 6,839.6U 23, r32.40 S 26,826.30 Schedule 8 Total 245,9�8.00 ,_$ 295,235.6Ct � 2aB,856A0 295,089.30 543,836.40 _ ___ 57 , r0 578,5T9 60 .®( 34 Transportation & Infrastructure Committee Minutes August 13, 2018 B. Grant Acceptance: Green the Green Project Staff is seeking Council approval of a grant agreement with King County Flood Control District in the amount of $50,000 for the Green the Green Project described above. This grant is through their Cooperative Watershed Management program and will be used for planting and two years of maintenance. There is no City match. UNANIMOUS APPROVAL. FORWARD TO AUGUST 20, 2018 REGULAR CONSENT AGENDA. C. Bid Award: 2018 Annual Small Drainage Program Staff is seeking Council approval to award a contract to Ceccanti, Inc. in the amount of $543,836.40 for construction of the 2018 Annual Small Drainage Program. This program is to construct drainage projects that are too large for staff but smaller than a capital improvement project. Projects originate from resident complaints and staff recommendations, then prioritized based on need, cost, permitting, and time. Maintenance staff maintains the list, which usually includes about 35 projects. The Committee asked to have more awareness of the Small Drainage Program's list and the status of projects. Councilmember Quinn pointed out that Councilmembers hear from constituents on issues like this quite frequently, Councilmember Idan noted that staff and Council should work together as a team. Staff agreed to brief the Committee on the list of potential projects prior to the design stage. UNANIMOUS APPROVAL. FORWARD TO AUGUST 20, 2018 REGULAR CONSENT AGENDA. D. King County Metro Community Connections Project Staff briefed the Committee on King County Metro's Community Connections project, which brings mobility services to areas that lack the infrastructure, density or land use to support traditional bus service. Many areas in Tukwila are not well -served by local transit connections, like Allentown and Ryan Hill. The first step in the process is outreach, which will include city-wide surveys and convening of a resident stakeholder group. Councilmember Quinn suggested reaching out to the Allentown/Duwamish residential community. Chair McLeod asked about the purpose of a study since there is obvious need in certain areas. Staff replied that Metro needs specific data on actual demand for certain services, like a shuttle. Councilmember Idan said the City shouldn't rely on surveys but to actually go to the different communities. He also questioned why Metro is asking applicants about gender, ethnicity and age. Staff will verify with Metro but believes the demographic information will help to ensure the stakeholder group includes a broad spectrum of viewpoints. Councilmember Quinn also pointed out that demographic information can help to leverage federal funding. DISCUSSION ONLY. III. SCATBd/RTC Councilmember Hougardy serves on both and reported on current activities at the Council meeting. 35 36 COUNCIL AG.hNDA SYNOPSIS MeetinsDate Prepared by Mayor i- review Council review 08/20/18 HH ITEM INFORMATION ITEM No. 5.E. SIAN, SPONSOR: HENRY HASH ORIGINAL AGN,NDA DA i I,: 08/20/18 AGE\a) \ illN ' 'I 1,I,, Surface Water Fund - Green the Green Accept King County Flood Control District Cooperative Watershed Management Grant c VI l,,GORY DrJcu,uion Alt,g Date VI Motion Date 08/20/18 • Resolution lijOrdinan,e Altg Date [I] Bid illq Date Award 11 Public Hearing Altg Date 0 Other A lisg Date Altg Illt,o, Date SPONSOR C'ou,wii Major fl HR. [1] DCD . Finance . Fire IT • PR Poll, e II PIF SP ()N .-,()1{.' S The City has been awarded King County Flood Control District's Cooperative Watershed Sr mm \ RY Management Program grant of $50,000.00. This grant is part of the Re -Green the Green Program to restore sections of the Green/Duwamish River to provide habitat for endangered species. There are no requirements for a City match. Council is being asked to accept the King County Flood Control District's grant funding of $50,000.00. RI \AI wE I) BY COW NItg, Ill CA&P Cmte [1 F&S Cmte Owe El Arts Comm. El Parks Comm. COMMITTEE CHAIR: 'fransportation Cmte • Utilities El Planning Comm. THOMAS MCLEOD DATE: 08/13/18 RECOMMENDATIONS: SP()NsoR/ADmiN. COMMI Public Works Department VI El Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPI:,N DI 1 IR', RI ,Q11121.1) AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 107, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/20/18 MTG. DATE ATTACHMENTS 08/20/18 Informational Memorandum dated 08/10/18 Minutes from the Transportation & Infrastructure Committee meeting of 08/13/18 --t, 38 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director //// BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: August 10, 2018 SUBJECT: Surface Water Fund - Green the Green Project No. 91641202 Grant Acceptance — King County Flood Control District ISSUE Authorize the Mayor to sign a grant agreement with King County Flood Control District through their Cooperative Watershed Management (CWM) grant program. BACKGROUND The City's Green the Green Project will restore sections of the Green/Duwamish River to provide habitat for ESA -listed Puget Sound Chinook salmon and for the enjoyment of the community. This pilot public -private partnership will restore shorelines at 14900 Interurban Ave S (JSH site) and 17035 West Valley Hwy (NC Machinery/Harnish Group site). DISCUSSION King County Flood District, through WRIA 9, issued a Request for Proposals for a grant opportunity called, "Re -Green the Green", which aims to aid salmon recovery by providing shade and decreasing water temperatures. FISCAL IMPACT Staff received approval from this Committee on April 23, 2018 to apply for this grant and was recently awarded the requested amount of $50,000. The CWM grant contributes to the construction budget and will be used for planting and two years of maintenance. There is no City match for the CWM. RECOMMENDATION Council is being asked to accept the grant agreement for $50,000.00 with King County Flood Control District through their Cooperative Watershed Management Program and consider this item on the Consent Agenda at the August 20, 2018 Regular Meeting. W:\PW Eng \ PROJECTS DR Projects \Green the Green \Grants \2018 CWM Grant\ Info Memo Grant Accept 08102018-sm.doc 39 40 Transportation & Infrastructure Committee Minutes August 13, 2018 B. Grant Acceptance: Green the Green Project Staff is seeking Council approval of a grant agreement with King County Flood Control District in the amount of $50,000 for the Green the Green Project described above. This grant is through their Cooperative Watershed Management program and will be used for planting and two years of maintenance. There is no City match. UNANIMOUS APPROVAL. FORWARD TO AUGUST 20, 2018 REGULAR CONSENT AGENDA. C. Bid Award: 2018 Annual Small Drainage Program Staff is seeking Council approval to award a contract to Ceccanti, Inc. in the amount of $543,836.40 for construction of the 2018 Annual Small Drainage Program. This program is to construct drainage projects that are too large for staff but smaller than a capital improvement project. Projects originate from resident complaints and staff recommendations, then prioritized based on need, cost, permitting, and time. Maintenance staff maintains the list, which usually includes about 35 projects. The Committee asked to have more awareness of the Small Drainage Program's list and the status of projects. Councilmember Quinn pointed out that Councilmembers hear from constituents on issues like this quite frequently, Councilmember Idan noted that staff and Council should work together as a team. Staff agreed to brief the Committee on the list of potential projects prior to the design stage. UNANIMOUS APPROVAL. FORWARD TO AUGUST 20, 2018 REGULAR CONSENT AGENDA. D. King County Metro Community Connections Project Staff briefed the Committee on King County Metro's Community Connections project, which brings mobility services to areas that lack the infrastructure, density or land use to support traditional bus service. Many areas in Tukwila are not well -served by local transit connections, like Allentown and Ryan Hill. The first step in the process is outreach, which will include city-wide surveys and convening of a resident stakeholder group. Councilmember Quinn suggested reaching out to the Allentown/Duwamish residential community. Chair McLeod asked about the purpose of a study since there is obvious need in certain areas. Staff replied that Metro needs specific data on actual demand for certain services, like a shuttle. Councilmember Idan said the City shouldn't rely on surveys but to actually go to the different communities. He also questioned why Metro is asking applicants about gender, ethnicity and age. Staff will verify with Metro but believes the demographic information will help to ensure the stakeholder group includes a broad spectrum of viewpoints. Councilmember Quinn also pointed out that demographic information can help to leverage federal funding. DISCUSSION ONLY. III. SCATBd/RTC Councilmember Hougardy serves on both and reported on current activities at the Council meeting. 41 42 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's renie ' Council review 08/20/18 HH /1,71 ITEM INFORMATION ITEM No. 5.F. CAS NUMB] It: ST\FF SPUNSOR.: HENRY HASH ORIGINAL AGFNDA D \ ii : 08/20/18 AGLNI) \ I ti,m "I i Li Surface Water Fund - Green the Green Bid Award to Applied Ecology, LLC CAII(;()Ity Di.J,H,, 'ion 111/,g Date rj Motion Altg Dale 0 Resolution Aug Date 0 Ordinance A II:g Date ,lward 08/20/18 0 Public 1 tearing Iltg Date Ej] Other Mg Date 8 Bid illtg Date SPONSOR L Counal Mayor FIR 11DCD LI Finance Fire fl IT II PeRPolice ' 7 SP ONtiole S The Green the Green Project was advertised for construction on July 19, 2018 and four SuMmARy quotes were opened on July 31, 2018. The apparent low bid of $132,634.70 was received from Applied Ecology, LLC. The Green the Green Project will restore sections of the Green/Duwamish River to provide shade and improve water quality for endangered species. Council is being asked to award the contract to Applied Ecology, LLC in the amount of $132,634.70. RI \ II W I D BY 0 COW Mtg. 0 CA&P Cmte [II F&S Cmte Cmte 0 Arts Comm. El Parks Comm, 8 COMMITTEE CHAIR: THOMAS Transportation Cmte 0 Planning Comm. MCLEOD Utilities DATE: 08/13 RECOMMENDATIONS: SIR )NSolt /A COMIIIII]1 DmIN. Public Works Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE ExpFNI)NuRI RI,Qtliitt,t) AMOUNT BUDGETED APPROPRIATION REQUIRED $132,634.70 $150,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGES 107, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 18 MTG. DATE ATTACHMENTS 08/20/18 Informational Memorandum dated 08/10 8 (revised after TIC) Proposed 2019-2024 CIP, page 107 Quote Tabulation Minutes from the Transportation & Infrastructure Committee meeting of 08/ 8 44 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Mike Perfetti, Habitat Project Manager CC: Mayor Ekberg DATE: August 10, 2018 (revised after 8/13/18 TLC.) SUBJECT: Surface Water Fund - Green the Green Project No. 91641202 Construction Award ISSUE Award the contract for construction of the Green the Green Project. BACKGROUND The City's Green the Green Project will restore sections of the Green/Duwamish River for the purposes of providing shade, improving water quality and habitat for ESA -listed Puget Sound chinook salmon and other aquatic species, as well as enhance the shoreline for the enjoyment of the community. This pilot public -private partnership will restore shorelines at 14900 Interurban Ave S (JSH site) and 17035 West Valley Hwy (NC Machinery/Harnish Group site). DISCUSSION The Green the Green Project was advertised for quotes on July 19, 2018. Three responsive quotes and one non -responsive quote were received via e-mail and opened on July 31, 2018. The quotes were checked, corrected, and tabulated. Applied Ecology, LLC submitted the apparent low responsive quote at $132,634.70. The Engineer's estimate was $114,257.52. References were checked, and no debarment has been issued against Applied Ecology, LLC according to WA State Labor and Industries. Applied Ecology received high marks from Forterra and has done work for them including knotweed control, planting and steep slope work, which are all duties within the Green the Green scope of work. FISCAL IMPACT (All amounts include sales tax.) The Green the Green Project has Surface Water construction funds budgeted in 2018, 2019, and 2020 for a total of $150,000. Funding includes two King County Flood Control District grants, one having a $44,518.95 balance and a second grant was just awarded for $50,000. The overall quote is more than the Engineer's estimate but is within the current budget. The anticipated project schedule is from Fall 2018 to Spring 2021 in order to include a one year of plant maintenance. Construction Eng. Estimate Budget Applied Ecology, LLC contract $132,634.70 $114,257.52 $150,000.00 Contingency (10%) 13,263.47 11,425.75 .00 Total $145,898.17 $125,683.27 $150,000.00 RECOMMENDATION Council is being asked to award the construction of the Green the Green Project to Applied Ecology, LLC. in the amount of $132,634.70 and consider this item on the Consent Agenda at the August 20, 2018 Regular Meeting. Attachments: Proposed 2019-2024 CIP pg. 107 Quote Tabulation VV:IPVV Eng1PROJECTSUN- DR Projects\Green the Greenlaidlinfo Memo_Construction Award_20180810-sm.docx 45 46 CITY OF TUKWILA CAPITAL PROJECT SUMMARY PROJECT: Green the Green Project No. 91641202 | effort Vop�v�eshade DESCRIPTION: -------- ' � and cooler water temperatures tothreatened salmon and otee|hoad. YVRk4Shas �e��edwarm w�er�mpe���000anhnpedi impediment ndhas a�o�a�wd �V�T|F|�AT|Om' -- --�---'—''- afund|ngpmgnymcaUed..RaGreenthe Green" which aims 1o'support revogetadonprojects along the river. STATUS: Project sites have been identified. Other planting ppportuniU��� opportunities are �veef�bnhwaenPub|ioVVorkoondDCD. MA|NTU0PACT: Expected foincrease maintenance. COMMENT: Proposed grant funding is from WRIA9 King County Flood Control District and others. FINANCIAL Through Estimated BEYOND TOTAL EXPENSES - Design 14 20 20 20 25 25 25 30 179 Land(R8W) O Monitoring 20 20 30 30 40 40 180 CnnuLN1QmL 1 5 15 10 15 10 15 10 10 91 Construction 15 08 67 50 50 50 50 50 400 TOTAL EXPENSES 15 30 103 117 105 115 120 125 130 OSU FUND SOURCES Awarded Grant 0 44 50 102 Proposed Grant 50 50 50 50 50 250 Mitigation Actual O Mitigation Expected Q City OppcRevenue 7 20 59 67 55 65 70 75 80 498 TOTAL SOURCES 15 30 103 117 105 115 120 135 130 850 Pro .ject Location S�i so St ' "=oSt 107 Green the Green CIP Quote Tabulation Contractor Applied Ecology LLC Habitat Restoration Specialists LLC McCann Construction, Inc Transblue LLC 7/31/2018 signed proposal Harnish Group site and submitted JSH site (sch A) (sch B) tax (10%) total quote addendum references $45,306.58 $75,270.42 $89,990.69 $81,754.89 $112,992.00 $112,882.00 $82,955.05 $72,396.77 $12,057.70 $132,634.70 yes yes $17,174.56 $188,920.14 yes yes $22,587.40 $248,461.40 yes yes $15,535.18 $170,887.00 no no City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes August 13, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; De'Sean Quinn, Zak Idan Staff: Henry Hash, Hari Ponnekanti, Dave Sorensen, Mia Navarro, Mike Perfetti, Ryan Larson, Gail Labanara, Minnie Dhaliwal, and Laurel Humphrey Guests Meg Moorehead & Dorian Waller, King County Solid Waste Division; David Shumate, resident; Robbie Furtado & Christina Kalu, Highline School District CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. PRESENTATIONS King County 2019 Comprehensive Solid Waste Management Plan Representatives from King County's Solid Waste Division of the Department of Natural Resources and Parks provided an update on the status and policy considerations of the Comprehensive Solid Waste Management Plan, which is currently in the Council review process in preparation for adoption by the State in 2019. King County is also working on a new solid waste rate proposal for 2019/2020, reflecting a modest increase consistent with other providers and a proposal for a discount for low-income customers that haul their own garbage to the Transfer Stations. King County staff offered the opportunity to tour the Cedar Hills facility to Councilmembers and staff. II. BUSINESS AGENDA A. Contract: Construction of Green the Green Project Staff is seeking Council approval of a contract with Applied Ecology, LLC in the amount of $132,634.70 for construction of the Green the Green Project. This project will restore sections of the Green/Duwamish River to provide shade and improve water quality for salmon and other aquatic species. The project is funded by the Surface Water Fund and two King County Flood Control District grants. Chair McLeod noted that the low bid was significantly less than the others and hopes that the price does not escalate later. Councilmember Quinn suggested that the memo be updated to include more detail on the organization and its qualifications for this project. UNANIMOUS APPROVAL. FORWARD TO AUGUST 20, 2018 REGULAR CONSENT AGENDA. 49 50 COUNCIL AGI-.;ATDA SYNOPSIS ..11ecling Oak Prepared /): ,Malwr:,- ra/'u' , Council reiVell, 08/ 3 8 BJM 08/ 20 18 BJM ITEM INFORMATION ITEM No. 5.G. S'i \I 1 SIN,(). B. MILES ORK,IN \ L.., \ 61 NI) \ D \ 11 : 8 /18 61 NI) \ 1111\1 1111,1 Lodging Tax Funding Request for Museum of Flight ($30,000). 08/13/18 ,14011od 8/20/18 Re lobtroo ,11 0, Doc Ordinall,e 1IN Dr e I Rid ,12rarc 11b;Date Pulth, fled 1'1 q 1110,Pate )1hei [['p C \ 11 ( )R1 FI .1)/,,ii,,zon A Itg Da/c., llicRile S1)()\m)R I I( oulki/ VI A7161)or I IR F1)( D I vrialic 4., Itie It Pc.-1,-R. PoLe Ill ' 10)Hr/ M)(..)",,,,()B.',‘, Museum of Flight is requesting $30,000 in lodging tax funds to marketing and event support for Museum of Fright, Veteran's Day activities, and Santa's Fly In. The request was reviewed by the City's Lodging Tax Advisory Committee (LTAC) at its July 24, 2018 meeting and LTAC recommends approval of the funding requests. Per State Law, lodging tax funds can only be used for tourism promotion activities. Council is being asked to forward this to the 8/ 20 Consent Agenda. RI \ II \\ 1 I) ID ri ( () \1(' Mig r CDN Comm I Financc Comm. I I Public Satct- Comm Fra,•,tructure Art,, Comm I Parks Comm. — Planning Comm. CANCELLED Coml\irn ith CT IAIR: N/A 'Iran,, &In DX1 l.. 8/14 RECOMMENDATIONS: Sto\.,()R/Amii\ CoNI \II Mayor's Office/ED I'l I I Permission to go to C.O.W per Chair & Council President; CDN cancelled COST IMPACT / FUND SOURCE FAN NDI 1 l'RI 1.1 (!l`IRI 1) AMOUNT BUDGETED APPROPRIATION REQUIRED $30,000 $400,000 $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/ 3 18 Forward to Consent Agenda MTG. DATE ATTACHMENTS 08 / 8 Informational Memorandum dated 8/8/18 Museum of Flight LTAC Documents Draft Scope of ork 08/20 No attachments 51 52 COUNCIL AGENDA SYNOPSIS ILA - ;Weal 11g Dale Prepared by ,Ifaor's review Gm llei I rtwieni 08 3 18 MD 08/20/18 MD ITEM INFORMATION ITEM No. 5.H. Si \I I Sl'UNC)R.• JACK PACE oRILIN kJ ,1(r1 Ni) \ D \ i I 8/13/18 ,\GI \ I) \ ii i \I 11111 Contract with The Watershed Company for the update of TMC 18.45 Environmentally Sensitive Areas 1 (.111)lo,/ 08/13/18 0 ,..II/; liolion Owe 0S/20/18 r Re,oliaton 1.11g1)afe Ordinal/6e A kg, Date ][31(1 Award ilk; I )(it(' Publi, I- fearing lkg I )(lir 0/ke) ,litg DA' C \ '16( )1t1 0 1 lig Date Sik )N( 1?, ( wihy/ A fajor /KO 71,2,,,,,,c hie liS Re'-.1Z PolRe PIL — IIR 11 Si)c)\;,()R.','., Contract with The Watershed Company for the update of TMC 18.45 Environmentally sLiNN \R) Sensitive Areas. Periodic update of the sensitive area regulations to reflect current best available science is required by the Growth Management Act. RI \ liv,i ID 13) C.( )W. Mtg. 7 Frans &Infrastructure — D 1.TE: 8/14 CDN CANCELLED CDN Comm F Finance Comm. 7 Public Safety Comm. \ rts Comm.. — Parks Comm. [ Planning Comm. commn-rET cr I 1 IR. RECOM 'NDATIONS: Sia 1)\IIN Department of Community Development III I I 8/14/18 Com Dev and Neighborhood Committee meeting was cancelled COST IMPACT / FUND SOURCE Exvi im.)1, um RI pi I) AMOUNT BUDGETED APPROPRIATION REQUIRED $46,035 $46,035 $0 Fund Source: DCD PROFESSIONAL SERVICES BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/13/18 Forward to Regular Meeting Consent Agenda 0 20/18 MTG. DATE ATTACHMENTS 08 3/ 8 Information Memo Contract 17-142 along with Amendment 1 and the proposed Amendment 2 08/20/18 No attachments 53 54 COUNCIL AGENDA SYNoPsIs Intlals Meeting Date Prepared bj Mayor's review Council review 08/13/18 HH I'',,:\''' 08/20/18 HH ITEM INFORMATION ITEM No, 6.A. STAFF SPONSOR: HENRY HASH ORIGIN \ I, AGkNDA DA IL. 08/13/18 AG i NDA I I 1 NI Till,I, Valley View Loop Sewer Transfer Area Ordinance to Establish Sewer Connection Requirements c \it GORY Discussion 08/13/18 0 Motion Altg Date 0 Resolution Mig Date Ordinance El Bid Award Mtg Date 0 Publi I leaning A 1 tg Date 0 0/Per A Itg Date illig Date Alig Date 08/20/18 SPONSOR fl Counti Mayor I IR El DCD fl finance Fire '' ' P/vR • Police PIV SP ONSOR' S Council is being asked to approve the Ordinance establishing sewer connection SIJNINIARY requirements and define the service area boundary served by Valley View Sewer District. Per Interlocal Agreement No. 15-115, Valley View Sewer District will supply sewer to the Loop area and this ordinance will set the sewer connection requirements and fees. RI XIFWED BY El COW Mtg. Cmte 0 CA&P Cmte 0 F&S Cmte 0 Parks Comm. COMMITTEE CHAIR: Transportation Cmte • Utilities El Arts Comm. • Planning Comm. DATE: 07/23/18 THOMAS MCLEOD RECOMMENDATIONS: SPoNsoR/ADmIN. CMINII Public Works Department 11 I 'I' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExpINDri iJltf, RI ,QUIRI ,D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/13/18 Forward to Regular Meeting 08/20/18 MTG. DATE ATTACHMENTS 08/13/18 Informational Memorandum dated 07/20/18 Ordinance Valley View Sewer District's sewer connection costs Minutes from the Transportation & Infrastructure Committee meeting of 07/23/18 08/20/18 Ordinance in final farm I -I- 56 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING SEWER CONNECTION REQUIREMENTS FOR "THE LOOP AND SURROUNDING AREA"; DEFINING SERVICE AREA BOUNDARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a sewer plan identifying residential and commercial areas has been prepared with a prioritized construction schedule; and WHEREAS, the City of Tukwila has granted the Valley View Sewer District the right to install and operate the sanitary sewer system for "the Loop and Surrounding Area"; and WHEREAS, sewer lines meet Washington State Department of Ecology standards; and WHEREAS, a Sewer Connection Charge will be paid at the time of connecting or before final building permit approval to the Valley View Sewer District for new facilities; and WHEREAS, Valley View Sewer District will record this ordinance, binding it to the affected parcels in "the Loop and Surrounding Area"; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. "The Loop and Surrounding Area" Connection Charges. Homes in "the Loop and Surrounding Area" —as identified by Section 2 of this ordinance, existing on September 30, 2018—will be required to connect to Valley View Sewer District sewer system and pay the associated connection charges to Valley View Sewer District if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral, and if: 1. septic or health problems are identified by King County Health Department that require repair or replacement of the septic tank system, or W: Word Processing\Ordinances\Sewer Connection Rqmts-The Loop Area 6-28-18.doc PB:bjs Page 1 of 2 57 2. a temporary drain field repair permit that requires connection to public sewers upon their availability has been issued by the King County Health Department, or 3. the home changes ownership, or 4. remodeling occurs, adding a bathroom or bedroom. Section 2. Service Area Boundaries. "The Loop and Surrounding Area" is the Valley View Service Area bordered by SR 518 on the north, Klickitat Drive on the east, 42nd Ave South on the west, and South 160th St on the south, as shown on the map attached to this ordinance (Exhibit A). 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 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turp n, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — Map of Valley View Sewer District W: Word Processing\Ordinances\Sewer Connection Rqmts-The Loop Area 6-28-18,cloc 50 PB:bjs Page 2 of 2 Exhibit A Valley V6ew Sewer District 59 List of Parcel Numbers for Loop Area Sewers 8108600720 8108600340 8108600201 6154200020 8108600080 8108600781 8108600240 6154200010 8108600062 8108600780 8108600280 8108600520 8108600065 8108600125 8108600325 8108600523 8108600043 8108600126 8108600320 8108600521 8108600041 8108600122 2386600005 8108600504 8108600021 8108600123 2386600010 8108600503 2223049014 8108600183 2386600035 8108600501 2223049007 8108600180 8108600845 8108600502 8108600740 8108600184 8108600842 8108600481 2223049013 8108600221 8108600840 8108600462 8108600762 8108600220 8108600560 8108600440 8108600761 8108600262 6154200090 8108600442 8108600760 8108600261 6154200080 8108600444 8108600764 8055500030 8108600522 8108600441 8108600763 8055500020 8108600505 2223049085 8108600081 8055500010 8108600500 2223049088 8108600083 8108600342 8108600480 2223049109 8108600082 8108600345 8108600460 2223049100 8108600063 8108600348 8108600464 2223049039 8108600064 8108600341 8108600443 2223049087 8108600060 8/08600805 2386600015 2223049060 8108600059 8108600801 2386600020 2223049063 8108600040 8108600802 2386600025 2223049049 8108600042 8108600800 2386600030 2223049095 8108600020 8108600821 2386600040 2223049104 8108600101 8108600823 2386600041 2223049105 8108600120 8108600820 2386600046 2223049103 8108600130 8108600819 2386600050 2223049044 8108600/46 8108600124 2386600055 2223049115 8108600145 8108600143 2223049016 2223049006 8108600182 8108600140 2223049079 8108600181 8108600127 8108600561 8108600223 8108600144 8108600562 8108600222 8108600121 6154200070 8108600258 8108600128 6154200060 8108600260 8108600141 6154200050 8108600300 8108600160 6154200040 8108600302 8108600200 6154200030 60 COUNCIL AG kiNDA SYNOPSIS Alealllj;Daie Rnp,ireri I?), 111,0,ors rep!, V ( :oil irci/ review 08/13/18 SB 08/20/18 SB ITEM INFORMATION ITEM No. 6.B. Si \I I SP( Y\ ,,()i.t STEPHANIE BROWN ORI(',IN \ 1 ACI N.1)\ D \ I I . 08/13/18 \GI \ I) \ 1 1 1 \I 1 1 II I Authorize Tukwila the Mayor to sign the Collective Bargaining Agreement (CBA) with the Firefighters Local No. 2088 for 2017-2019. 08/L3/18 Alotzoll 08/20/18 IZelobilion A fig Date [ 0,6,6,7,e Alp Dcii' Brd 120ard Alp Dili? Pub11( I leariQg AM; Dale 0//cr AIg Ortie ( \ 11 (;()RY ri 1)/t,inuoll ri ilkgalie ,11(j.,,I)ate S l'()\ .( )R COit fit i I A Loor pi 'znatue 1/re 7 S — Pe-R. Probe Pir Court al I IR EDCD Si'()\;.,()it' City Staff, our labor relations consultant and the Tukwila Firefighters Local No. 2088, SiiNi \T \io opened labor negotiations on October 4, 2016, in an effort to reach agreement on a successor labor contract. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreement(CBA) between the City and the Tukwila Firefighters Local No. 2088 for 2017-2019. RI \ ti \\ I 1) ID C () W. NIT. CDN Comm Pinance Comm I I Public Safety Comm. — Trans &Intrastructu • ,\rts Comm EI Parks Comm. Planning Comm I) vr F., N/A commn-rid-, CI LAIR. RECOMMENDATIONS: Spc),NoR/ADNLIN, Cum\iii Human Resources ill COST IMPACT / FUND SOURCE i N.1)1 NI.)1 1 VRI Itl 0J IRI 1) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8 13 18 Forward to Regular Meeting MTG. DATE ATTACHMENTS 08/13/18 Informational Memorandum dated 08/08 8. (Copy of the 20 7-20 9 Labor Agreement provided under separate cover) 08/20/18 No attachments 61 62 Allan Ekberg, Mayor TO: Mayor's Office - David Cline, City Administrator Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: August 15, 2018 SUBJECT: Report for August 20, 2018 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. • Intergovernmental Update • Kent PD Memorial Service: Mayor Ekberg, along with Chief Linton, attended the memorial for Kent PD Officer Moreno. • Southcenter 50th Anniversary Celebration: Mayor Ekberg, Councilmembers Hougardy, Quinn and McLeod, City Administrator David Cline and Economic Development staff attended the Southcenter 50th Anniversary Bash on July 31. • Valley Comm Board Meeting: Mayor Ekberg attended the Valley Comm Board Meeting on August 3. • Meeting with Congressman Smith: Mayor Ekberg met with Congressman Adam Smith on Friday August 10 as a part of the Congressman's ritual of meeting with each mayor in his district each summer. • Seattle Southside Chamber of Commerce State of Our Schools Luncheon: Mayor Ekberg, Councilmember Hougardy, Economic Development Administrator Derek Speck, Economic Development Intern Olin Johansen, Council Analyst Laurel Humphrey, and Community Engagement Manager Mia Navarro attended the Seattle Southside Chamber of Commerce State of the Schools Luncheon. • Business Community Meetings: David Cline, Peggy McCarthy and Brandon Miles had meetings with the business community discussing taxes. There were multiple meetings with businesses affected by the City's Justice Center. II. Community Events • International Rescue Committee Summer School Graduation: Mayor Ekberg attended the IRC Summer School Graduation on August 2. • Night Out Against Crime: Mayor Ekberg, City Councilmembers and City Administrator David Cline joined members of the Police Department, other City staff at the annual National Night Out Against Crime on August 7. Tukwila CitY11* 6200 Southeenter Boulevard Tukwila, WA 98188 206-433-1800 Website: TukwilaWAgov 63 City Administrator's Report August 15, 2018 Page 2 Ill. Staff Updates Public Safety Updates • New Police Officer: Officer Brian Hunter started with the Police Department as a lateral hire from the Baton Rouge Police Department. Project Updates • 42nd Ave Phase Ill Estimated Completion: November 2018 We have entered the utility cutover phase and Seattle City Light (SCL) is continuing their undergrounding work on 42nd Ave S, including pulling and splicing the underground wires. SCL's work continues to be critical in terms of completing the project before the end of 2018. • BAR Bridge Rehabilitation: Estimated Completion: February 2019 The contractor has completed all work (paving, barrier, and fencing) on the center two lanes of the bridge and they are now focusing on the southern two lanes. The work below deck continues to proceed on schedule. The crews are carbon -fiber wrapping the girders, installing column jackets, and finalizing the western support rebuild. • 53rd Ave S: Estimated Completion: March 2019 Final water line work and paving of the utility trench should be completed from S 137th St to Interurban by mid -August. After completion, sewer, water, and new underground electrical joint trench work will continue on 53rd Ave S between S 144th and S 137th St. Periodic one lane traffic control should be expected with minimal delays. • 2018 Small Drainage: Estimated Completion: December 2018 Three bids were received on 7/31/18 and award of a contract to Ceccanti Inc. will be presented at the 8/13/18 TIC and 8/20 Council. • CBD Sewer Rehabilitation 2017/2018: Estimated Completion: January 2019 Due to lack of action from WSDOT permitting we have asked our contractor if there will be any negative impact to delete that portion of the work from the contract. We are still waiting for a response. The contractor changed project managers over the summer so the new manager is completing the submittal process to allow them to start work this fall. Boards and Commissions • Arts Commission: No vacancies. • Civil Service Commission: No vacancies. • Community -Oriented Policing Citizens Advisory Board: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Positions: Position #2 Education Representative, Position #6 Resident or Business Representative, and Student Representative. Appointment recommendations scheduled for August 20, 2018. • Human Services Advisory Board: No vacancies. • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Positions: Position #7 Resident and Student Representative . • Lodging Tax Advisory Committee: No vacancies. 64 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaVVA.gov City Administrator's Report August 15, 2018 Page 3 Parks Commission: Vacant Positions: Position #4 Resident and Student Representative. Planning Commission: No vacancies. IV Responses to Council/Citizen Inquiries Date of Inquiry August 6, 2018 Council Meeting Inquiry Bartell owner Rune Harkestad would like to redevelop a parking lot but the current code standards do not support his preferred development. He thinks that the mitigation required due to prematurely cutting down the trees on the lot is too expensive. Response The TIB Plan update/rezone remains on DCD's workplan. Staff will work with the property owner on his plan for the property. The property owner cut down 28 mature trees required by the parking lot landscape code without having an approved development plan or landscape modification permit, Code Enforcement case CE18 0038. Phone: 206-433-1 00 • Email: Mayor@TukwilaVVA.gov • Website: TukwilaWA.gov 65 66 August 9, 2018 TO: Tukwila City Council FROM: Steve Goldblatt PMQA Consultant RE: Public Safety Plan August update In June, the Council approved the Plan's phasing and financing, based upon the Finance Committee and City staffs five -month exploration of options. Now that a new Fire Station 54 has been eliminated from the approved scheme, the current Station 54's needs will be assessed per Council direction. The Project Executive Team and City partners have had an- other productive month on all remaining elements of the Plan. FIRE STATIONS Site development Geotechnical exploration will inform site development costs for Fire Station 52. The City owns the property for now -deleted Fire Station 54, and its use or disposition will be a future decision. Regardless of what the City decides to do with the property, the existing abandoned home is a hazard and should be removed. A hazmat investigation has been completed in preparation for the home's demolition. Station 51 design development Per Council consensus 12 February to move forward from schematic design, Weinstein AU is completing Station 51's design development phase. Design development pricing is expected 20 August in Public Safety, 27 August in COW, and 4 September in Council. Station 51's revised budget is $13.3 million. Station 52 schematic design Weinstein AU began the schematic design phase for Station 52 this month. Station 52's revised budget is $18.6 million. Station 54 assessment On 18 June, the Council eliminated new Station 54 from the Plan via Option D-20(f). Council has asked for an estimate to make life safety improvements to the existing sta- tion. This work has been initiated. Stations' budget With input from GC/CM Lydig Construction, Station 51's schematic design estimate of $12.5 million was the first "real" number presented to Council 12 February. The pro- ject team is working on understanding Station 51's schematic design estimate and its implications on Station 52's budget, specifically adjusted to the City Hall site. At this point however, the overage is expected to grow for both stations. Station 54's deletion will lose some economy of scale on design, construction, and dependent costs for Sta- tions 51 and 52. 67 GC/CM pre -construction services Lydig conducted the process to select an EC/CM electrical contractor and an MC/CM mechanical contractor pursuant to RCW 39.10.385. In May, Valley Electric was selected as EC/CM and Johansen Mechanical as MC/CM. Both firms had been engaged, but Sta- tion 54's deletion dropped the electrical scope of work beneath the $3 million thresh- old for the use of EC/CM. So, Valley is out, and the electrical work will be bid. Lydig will have to prequalify electrical subcontractors to lower the risk of the bid market. Disadvantaged Business Enterprise and local hiring policies The Council unanimously passed Resolution 1929 on 2 April, adopting DBE and local hiring policies for the Plan's projects. The DBE goal is 17% and the local hiring goal is 20%, complementing the City's 10% apprenticeship requirement of Resolution 1814. The first metrics that the Council sees can be expected mid-2019. Lydig—and BNBuild- ers for the Justice Center —were represented at the 23 June open house to talk about job opportunities. JUSTICE CENTER Property acquisition The first of nine Justice Center properties closed in May, with a second expected to close later this month. Depending on due diligence and site access, the Council should expect final pricing and closed transactions for more of the properties. If site acquisi- tion is extended, permitting, environmental, and construction starts may be delayed. Public Use and Necessity will be argued 14 Sept. A hazmat investigation has been com- pleted on the first property in preparation for demolition. Due to the lack of access to three parcels in the middle of the site, there remain unknown risks that haven't been fully estimated; additional site contingency funds are included in the overall project budget. Design development On 7 May Public Safety recommended continuation into design development. At COW on 14 May, the Council concurred with the recommendation, and the team began de- sign development mid -June. Design development pricing is expected 1 October in Pub- lic Safety, 8 October in COW, and 15 October in Council. The revised budget is $68.5 million. GC/CM pre -construction services BNBuilders continues to work with the design team on cost estimating, constructabil- ity, material selection, and scheduling. BNB received Public Safety and Council ap- proval 6 August to perform early abatement and demolition work on the JC-9 property. 68 PMQA update August 9, 2018 page 2 CONSOLIDATED SHOPS Property acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for the Shops properties later this year. Site investigations and ne- gotiations are ongoing. King County Superior Court granted the City's request for Pub- lic Use and Necessity. Negotiations are under way regarding access, possession, and price. Design services A request for proposals went out 25 June for architectural services on a shops master plan and Heiser facilities tenant improvements. Ten proposals were submitted 20 July for shortlisting 23 July. Three interviews with finalists will be held 13 August. The rec- ommended firm is scheduled to be presented for consideration by Public Safety 17 September, COW 24 September, and Council 1 October. OTHER RESOURCES Professional services The Project Executive Team is working through procurement of additional consultant resources for the Fire Stations and Justice Center; e.g., testing and inspections. Follow- ing the envelope consultant 12 February, Council can expect to see more contracts for these services. Hazmat and commissioning await construction. Archeologists and transportation consultants for environmental reviews will be procured as needed. PROPERTY ACQUISITIONS Due diligence On 20 November, Council approved contracts to conduct surveys, environmental re- views, and geotechnical analyses to prepare for property acquisitions. That work has been underway. As expected, soil contamination has been found on the first Justice Center parcel. On 19 March, the Council unanimously approved amendments to all three contracts to allow necessary work to continue and to provide contingencies. These activities continue. The Shops' negotiations may necessitate an amendment to environmental and survey contracts. PROGRAM SCHEDULE Tight schedule The overall schedule remains very ambitious. With so many activities under way, there is little room for any missteps to meet the Plan's revised milestones. The Project Exec- utive Team, City staff, and Council are doing as well as can be expected given all the new properties' access, due diligence, and acquisition challenges. Fire Station 51 and Justice Center bidding is now expected to begin in January 2019 and construction next spring. PMQA update August 9, 2018 page 3 69 PROGRAM BUDGET Financial plan From 6 February through 5 June, the Finance Committee and staff conducted an inten- sive effort to develop recommendations for full Council discussion re the Plan's signifi- cant financial gap. This effort culminated 5 June in a unanimous Committee recommen- dation of Option D-20(f) that was discussed at the 11 June Council workshop. Council reached consensus for Option D-20(f), approved by a full Council vote 18 June. Contract reconciliations Fees for Weinstein AU, DLR, and SOJ were based on the Plan's bond measure budget and had to be reconciled to the real project budgets. Also, Lydig and BNB had clean-up language to their GC/CM contracts. All of these were approved by Public Safety 16 July, COW 23 July, and Council 6 August. Market conditions Like the Fire Stations, the Justice Center and Consolidated Shops budgets will need to be sensitive to tight construction market conditions and increasing property values. These external budget pressures will manifest themselves as property is procured and project estimates are refined. LEGEND Meeting target Proceeding as planned. Caution advised Steps needed to meet target. Correction needed Steps needed to attempt recovery. Not meeting target No recovery plan in place. 70 PMQA update August 9, 2018 page 4 Upcoming Meetings & Events August/September 2018 20th (Monday) 21st (Tuesday) 22nd(Wednesday) 23rd (Thursday) 24th (Friday) 25th (Saturday) - Public Safety Clyne, 5,30 PM (Ha:elnut Conference Room) D City Council Regular Mtg., 7.00 PM (Council Chambers) D Finance Cmte, 5:30 PM (1-fa:elnin Conference Room) Tukwila Family Fest 5.00 — 8.00 PM (Cascade View Park, 14211 37th Ave S.) Celebrate "Fukwila's diverse communities with an evening of music, resources, arts & crafts and much more. Free Fun! Planning Commission 6:30 PM (Council Chambers) Tukwila Int'l, Blvd. Action Action Cmte's Trash Pickup Day 9:00 - 1000 AM For location or information contact Sharon Mann 206-200-3616 27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 31st (Friday) 1st (Saturday) D Transportation & Infrastructure Crnte., 5 30 PM aluf,einut Conference Room) ' City Council Committee of the Whole Mtg , 7.00 PM (CounCil Chomben) Community Development & Neighborhoods Crnte., 5:30 PM (!la:elnut Conference Room) 'Y Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305, )> Civil Service Commission: 1st Mon., 5:00 PM, Human Resources Conf Room. Contact Michelle Godyn at 206-431-2187. Community Development and Neighborhoods Committee: 2nd & 4th Tues., 530 PM, Hazelnut Conf. Room, Contact Laurel Humphrey at 206-433-8993 COPCAB (Community' Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197 Equity Si Social Justice Commission: 1st Thurs , 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206-454-7564. ' Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf, Room. Contact Laurel Humphrey at 206-433-8993 (A) Discussion on Business and Occupation (MO) tax revenue, (B) Discussion on Commercial Parking Tax legislation. (C) Compensation policy for City employees. (D) 2018 Quarterfinancial report, (E) 2019-2020 Biennial Budget, Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. ).' Park Commission: 2nd Wed., 530 PM, Community Center, Contact Robert Eaton at 206-767-2332. ▪ Planning Commission/Board of Architectural Review: 4'1' Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670, 'Public Safety Committee: 1st & 3rd Mon, 530 PM, Hazelnut Conf Room, Contact Laurel Humphrey at 206-433-8993 (.4) Request to spend JAG fimds (Justice Assistance Grant) to purchase unfunded, Unmanned ,4ircraft Systems (UAS) for the Police Department. (B) Fire Station 51 design development and estimate. (C) 2019-2020 Biennial Budget. 'Transportation and Infrastructure Committee: 2nd & 4th Mon_ 530 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. ▪ Tukwila Historical Society: 3rd Thurs., 700 PM, Tukwila Heritage & Cultural Center, 14475 59th 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 Linton at 206-433-1815. 71 August Tentative Agenda Schedule 6 13 EETING 2 - GU.W` MEETING 3 - REGULAR; 20 See agenda packet cover sheet for this week's agenda: August 6, 2018 Regular Meeting MEETING 4 - C.U.W. 27 Special Issues: - Consensus to move forward with Fire Station 51 design development. - An ordinance establishing regulations relating to compliance with federal immigration laws. September 4 (Tuesday) Special Presentation: Award presentation from Washington Recreation and Park Association (WRPA) to Joe Duffle. Unfinished Business: -Commercial parking tax legislation. -An ordinance establishing regulations relating to compliance with federal immigration laws. 10 17 Consent Agenda: Acceptance of a grant from the Washington State Department of Ecology for the Stormwater Quality Retrofit Project 24 72