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COW 2023-01-23 COMPLETE AGENDA PACKET
Tukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE ❖ �q J��ILA sem; Sl, `''n�r 1905%%% Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn David Cline, City Administrator + Kate Kruller + Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖Mohamed Abdi ❖ Tosh Sharp THE MEETING WILL ON-SITE THE Monday, January BE CONDUCTED PRESENCE WILL PHONE NUMBER For Technical 23, 2023; BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Support during the meeting call: 1-206-433-7155. 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Satish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. SPECIAL ISSUES a. An update on the transition to the Puget Sound Regional Fire Authority (PSRFA). Chief Matt Morris and Chief Brian Carson. b. A contract with B -Force Protection Security for parks security. c. A contract for remodeling Foster Golf Links #7 Green. d. A contract with CrowdStrike for security monitoring services. e. An ordinance updating Tukwila Municipal Code Chapter 2.42, "Civil Service Commission." f. 2023 City Council and Mayor participation on external Boards, Committees and Commissions. Pg.1 Pg.13 Pg.23 Pg.35 Pg.41 5. REPORTS a. Mayor b. City Council c. Staff 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE MEETING January 23, 2023 Page 2 ❖ SPECIAL MEETING ❖ • Ord #2697 • Res #2064 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Minutes: 1/9/23 (Special Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign a contract with B-Force Protection Security, Inc., for park security services, in an amount not to exceed $150,000.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 1/23/23.] d. Authorize the purchase of furnishing signal equipment for the 2022 Overlay and Repair Program, in the amount of $99,914.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 1/17/23.] e. Authorize the Mayor to sign a contract with KPG, Inc., to provide design services for the 2023 Overlay and Repair Program, in the amount of $149,824.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 1/17/23.] f. Authorize the Mayor to accept a grant from the Washington State Transportation Improvement Board Active Transportation Program for the 42nd Avenue South Raised Crosswalk Project, in the amount of $175,000.00 (local match $75,000.00). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 1/17/23.] g. Authorize the Mayor to accept a grant from the Washington State Recreation and Conservation Office Salmon Recovery Fund Board for the Nelsen Side Channel Project, in the amount of $100,000.00 (local match $17,750.00). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 1/17/23.] h. Authorize the Mayor to sign a contract with Makers Architecture and Urban Design, LLP, for deliverables related to Middle Housing, in an amount not to exceed $130,000.00. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 1/17/23.] i. Authorize the Mayor to sign a contract with CrowdStrike for security monitoring and incident detection response services in an amount not to exceed $119,622.90. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 1/23/23.] j. Authorize the Mayor to sign a contract with Ridgetop Golf for remodeling services for Foster Golf Links #7 Green in an amount not to exceed $130,000.00. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 1/23/23.] k. An ordinance updating Tukwila Municipal Code Chapter 2.42, "Civil Service Commission." [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 1/23/23.] Pg.1 Pg.47 Pg.75 Pg.99 Pg.115 Pg.147 Pg.23 Pg.13 Pg.35 3. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 4. ADJOURNMENT This agenda is Remote Tukwila Council available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name dearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. 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. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS 1 4� II 1ials ITEM NO. !� I- Meeting Dale Prepared b}� Mayor' review Council review 1/23/23 DR 4.B. & a '0�� 2 Spec 2.C. 290E ITEM INFORMATION STAFF SPONSOR: KRIS KELLY ORIGINAL AGENDA DATE: 1/23/23 AGENDA ITEM TITLE Parks Security Contract with B -Force CATEGORY Mtg Discussion Date 1/23/23 II Motion Mtg Date 1/23/23 ❑ Resolution Meg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date Other Mtg Date SPONSOR ❑ Council ❑ .1Ia}nor ❑ Admin Sacs ❑ DCD ❑ Finance ❑ Five P&R ❑ Police ❑ PTV SPONSOR'S The Parks & Recreation Department seeks to retain B -Force Protection Security for parks SUMMARY security and restroom services for the FY23/24 biennium. B -Force has already served the City of Tukwila in this capacity for several years in this necessary service for maintaining park safety and activation. Department staff recommends council approve the contract for signature. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMIIIITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $150000 $160000 $0 Fund Source: GENERAL FUND Comments: FY23/24 Budget contrains $80,000 per fiscal year specifically to fund this contract MTG. DATE RECORD OF COUNCIL ACTION 1/23/23 MTG. DATE ATTACHMENTS 1/23/23 Informational Memorandum dated 1/17/23 Proposed Contract w/ B -Force Protection Security Proposed Contract Exhibits Informational Memorandum dated 10/4/2022 Meeting Memo on Parks Restrooms 1 2 City of Tukwila Allan Ekberg, Mayor Parks & Recreation Department — Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Pete Mayer, Parks & Recreation Director BY: Kris Kelly, Parks & Recreation Manager CC: Allen Ekberg, Mayor DATE: January 17, 2023 SUBJECT: Park Security Services Contract for 2023 ISSUE Parks & Recreation seeks approval to resign B -Force Protection Security LLC to a contract for the provision of parks security services at select Tukwila parks locations. BACKGROUND Over the past several years, the Parks Department has utilized local vendors under contract to provide park security services including the closing of parks, locking of park restrooms, and opening of parks for holidays and observed holidays. This topic was brought to the Community Services and DISCUSSION The previous security contract was an interim contract allowing for restoration of services that have been reduced over the years. The current contract covers these services: • Patrol through park: Visit site and walk-through park. Report any criminal activity, such as vandalism, trespassing, and park rules violations to Tukwila Police. • Locking park gates: Lock any open bollards to secure parking area. Call for towing of any vehicles left in violation of parking lot rules. • Locking park restrooms: Ensure restrooms are clear of people and lock at night. The park sites are noted below: • Bicentennial • Tukwila Park • Crystal Springs • Foster Memorial • Crestview Park (patrol and gate only) • Cascade View Park (patrol only) https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Parks and Recreation/Park Security Services/Informational Memo - Park Security Contract.docx 3 City of Tukwila Allan Ekberg, Mayor Parks & Recreation Department - Pete Mayer, Director The updated contract covers service these services: • Patrol through park: Visit site and walk-through park. Report any criminal activity, such as vandalism, trespassing, and park rules violations to Tukwila Police. • Locking park gates: Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. • Locking park restrooms: Ensure restrooms are clear of people and lock at night. The park sites are noted below: • Bicentennial • Tukwila Park • Crystal Springs (patrol through) • Foster Memorial • Crestview Park (patrol and gate only) • Cascade View Park (patrol only) • Duwamish Hill Preserve • Tukwila Community Center (Outdoor restroom locking and patrol through) FINANCIAL IMPACT As provided in the budget and to provide the optimum level of service to the community — allowing for the permanent restrooms to be locked nightly, the annual cost of the contract is not to exceed $75,000. Over the course of the FY23/24 biennium this contract will generate general fund expenditures not to exceed $150,000. RECOMMENDATION Department staff ask that council approve the contract. ATTACHMENTS 2023-2024 B -Force Protection Security — Proposed Short Form Contract 2023/2024 B -Force Protection Security — Park Restroom and Gate Contract Exhibits October 10, 2022 CSS Memo Pertaining to Restrooms Closure Contract Considerations Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TU KWI LA Short Form Contract Contractor/ Vendor Name: B -Force Protection Security Inc. Address: 16432 Military Rd S Seatac, WA 98188 Telephone: (206) 334-3459 Contract Number: Project No. Budget Item: Project Name: Park Security services Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Citv Clerk Department, 6200 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 17t" day of January 2023, by and between the City of Tukwila, hereinafter referred to as "City", and _B -Force Protection Security Inc. , hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: 1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. TIME OF COMPLETION. The work shall be commenced on February 1st, 2023 and be completed no later than December 31st, 2024. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $150,000 at a rate of $60841mo. , except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the project. 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. • The contract includes this Agreement, Scope of Work and Payment Exhibit. CA revised May 2020 Page 1 5 The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. 8. MATERIALS, APPLIANCES AND EMPLOYEES. Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. 12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CA revised May 2020 6 Page 2 A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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 in excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. 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. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. 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. CA revised May 2020 Page 3 7 H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business -days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. 18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. 19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. 20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 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. 23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. 24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 25. 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. 26. SEVERABILITY AND SURVIVAL. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised May 2020 8 Page 4 27. 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 address provided by the Contractor upon the signature line below. 28. 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. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA By: By: eSignetl via SeamlessDoc,com Key. 5a553a8e-4722-4.,(9c-ebtl475, 28ac Signature Signature Edin Hasanovic Printed Name: Printed Name: Owner Date: Title: ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: BY: Office of the City Attorney CA revised May 2020 01-17-2023 Date: Page 5 9 EXHIBIT A General Terms and Scope of Services Scope of Services — Contractor will provide the following services at identified park locations. • Locking park gates: Locking park gates. Lock any open bollards to secure parking area. Call for towing any vehicles left in violation of parking lot rules. • Locking park restrooms: Ensure restrooms are clear of people. Park Name & Address Service Description Frequency Annual Cost Tukwila Community Center 12424 42nd Ave S • Lock the Restroom, Unlock on weekends & holidays 7 days/week $9,125 Crestview Park 16200 42nd Ave S • Lock the gate, Unlock weekends and holidays 7 days/week $9,125 Crystal Springs Park 15832 51st Ave S • Lock the restroom plus patrol through 7 days/week $9,125 Tukwila Park 15460 65th Ave S • Lock the restroom plus patrol through 7 days/week $9,125 Bicentennial Park 7200 Strander BLVD • Lock the restroom 7 days/week $9,125 Foster Park/Lee Phillips 13919 53rd Ave S • Lock the restroom 7 days/week $9,125 Cascade View Community Park 14211 37th Ave S • Patrol Through 7 days/week $9,125 Duwamish Hill Preserve 3800 S 115th St • Lock the gate, Unlock on weekends and holidays 7 days/week $9,125 Allowance for Additional Services if Needed $2,000 TOTAL ANNUAL CONTRACT COST $75,000 TOTAL FY23/FY24 BIENNIUM CONTRACT COST $150,000 Exhibit B Consulting Terms, Deliverables & Payment Contractor shall be paid monthly based on the scope identified in Exhibit A. The contractor will provide an invoice for payment each month for services rendered. Total compensation is not to exceed $150,000 ($75,000 per fiscal year for both FY23 and FY24) without the express modification of the agreement signed by the City by written amendment. 10 �.tIILq 1,1, o J, 4sz City of Tukwila Allan Ekberg, Mayor Parks & Recreation Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Pete Mayer — Parks & Recreation Interim Director BY: Kris Kelly — Parks & Recreation Parks Maintenance Manager CC: Mayor Ekberg DATE: October 4, 2022 SUBJECT: Tukwila Parks Security Services ISSUE Cost of security services to close restrooms and park gates for several city parks is set to double from FY22 to FY23/24 to support improved service levels and eliminate the need for portable restrooms. Department staff would like to inform councilmembers of this increase, provide the justification and rationale for it, and discuss future capital investments that may eventually lower these costs. BACKGROUND There are 6 restroom facilities across the Tukwila Parks and Recreation system. Due to budgetary constraints in 2020, services were reduced to support only 3 restroom facilities (Tukwila Park, Crestview Park, and Foster Park/Lee Phillips) being opened and closed daily and cleaned along with one park gate closure (Crestview Park). Lower cost portable restrooms were acquired and placed at the remaining 2 locations (Bicentennial and Crystal Springs; Tukwila Pond restroom removed from service permanently) and serviced by a private company. For approximately 10 years, the City has engaged a private security firm to close and lock restrooms and park gates. For restroom facilities that remain operational, Parks staff routinely open the park entry gates and Public Works Department facilities staff open the restrooms and perform daily restroom cleaning. Currently, the Parks & Recreation Department contracts with B -Force Protection Security Inc. to provide security services. This current relationship was borne out of an RFP completed in 2020. At the time the Department received three bids with B -Force submitting the lowest bid and subsequently awarded the work. YTD spending on this contract is currently $32,118, expected additional spending before year end is $5,280 for total spending of approximately $37,398 in FY22. The 2023-24 proposed budget includes a general fund expenditure of $160,000 to re-establish service levels that would support the opening, closure and securing of all restrooms, and expanded security gate services across additional parks, including Foster Park/Lee Phillips, Codiga Park and Duwamish Gardens. Additionally, in the proposed budget of the Land Acquisition, Recreation, and Park Development (301) Fund for the 2023-2024 biennium, department staff are proposing approximately $243,000 in a variety of safety and security capital investments. With these proposed funds staff intends to explore deploying Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov technological security solutions such as automated entry gates, and restroom doors that could help diminish operating costs. This funding is proposed and subject to council approval and a final project list nor bid proposal has been completed at this time. DISCUSSION Parks security and noise issues continue to be an issue for our community and neighbors, being identified as the number one barrier or problem experienced at parks in the 2020 Parks Recreation and Open Space (PROS) Plan in a survey conducted by the consulting firm (See Figure 1). Current alternatives to the contract include: • Potential installation of automated doors, gates, and/or other barriers • Complete closure of parks restrooms with no replacement • Complete closure of parks restrooms with replacement via portable toilets 11. Barriers or Issues 5. What kind of barrier or problem do you/your family see here? Choose the general topic that best describes the barrier or problem. Choose up to 3. Feels unsafe or unwelcoming Maintenance/ repair/ restoration needed Unsafe or lacking sidewalks/ bike routes No convenient public transit Not enough activities for kids Not enough variety of things to do Not enough seating, shade, or shelter Cant find parking Iiigh traffic or street/ crossing is dangerous or unpleasant There isn't a nearby park or green space Not enough activities for adults or seniors 20 40 00 4t Figure 1 Parks & Recreation staff continue to search for efficient, cost-effective, and equitable solutions. The Department will be exploring alternative strategies throughout 2023-24 that may include alternative designed restrooms, potential partnerships with Tukwila Public Schools and/or Tukwila Police as well as exploring the development of a park ranger program. FINANCIAL IMPACT This meeting is discussion only. However, the following is proposed in the 2023-2024 budget: 1. $160,000 in general fund expenditures across the 2023-2024 biennium for renewal of the B - Force contract. This contract must be approved by council before execution per City purchasing policies. 2. Up to $243,000 in Fund 301 capital fund expenditures across the 2023-2024 biennium to address a wide variety of safety and security improvements including potential installation of automated technology-based security solutions in parks and park restrooms. RECOMMENDATION No recommendation provided at this time, item is for information and discussion only. ATTACHMENTS A --- Contract 22-004b: B -Force Protection Security Inc. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 50 33 27 21 62 7 116 1 1 13 . 7 5 20 40 00 4t Figure 1 Parks & Recreation staff continue to search for efficient, cost-effective, and equitable solutions. The Department will be exploring alternative strategies throughout 2023-24 that may include alternative designed restrooms, potential partnerships with Tukwila Public Schools and/or Tukwila Police as well as exploring the development of a park ranger program. FINANCIAL IMPACT This meeting is discussion only. However, the following is proposed in the 2023-2024 budget: 1. $160,000 in general fund expenditures across the 2023-2024 biennium for renewal of the B - Force contract. This contract must be approved by council before execution per City purchasing policies. 2. Up to $243,000 in Fund 301 capital fund expenditures across the 2023-2024 biennium to address a wide variety of safety and security improvements including potential installation of automated technology-based security solutions in parks and park restrooms. RECOMMENDATION No recommendation provided at this time, item is for information and discussion only. ATTACHMENTS A --- Contract 22-004b: B -Force Protection Security Inc. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 50 COUNCIL AGENDA SYNOPSIS k\)* ; 4, Initials ITEM NO. OZ Meeting Date Prepared by Mayor's review Council review 1/23/23 DR 4.C. &1 7d1. ,, O /(0,-„,40 ?° Spec 2.J. 1908 ITEM INFORMATION STAFF SPONSOR: KRIS KELLY ORIGINAL AGENDA DATE: 1/23/23 AGENDA ITEM TITLE Foster Golf Links Contract for #7 Green Remodel CATEGORY 11 Mtg Discussion Date 1/23/23 11 Motion Mtg Date 1/23/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date 11 Mtg Other Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire L P&R ❑ Police ❑ PIF SPONSOR'S The Parks & Recreation Department seeks to sign a contract with Ridgetop Golf for SUMMARY remodelling services of the #7 Green at Foster Golf Links. Execution of this contract is needed to retain the contractor in terms of their service scheduling for this fall. Department staff request city council approve this contract for signature. REVIEWED BY ❑ Trans&Infrastructure Svcs ./ ❑ LTAC ❑ DATE: 1/23/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $130000 $180000 $0 Fund Source: ENTERPRISE FUND (411) Comments: There is a total of $180,000 budgeted for FY23 for Other Improvements for this contract MTG. DATE RECORD OF COUNCIL ACTION 1/23/23 MTG. DATE ATTACHMENTS 1/23/23 Informational Memorandum dated 1/17/23 Proposed Contract w/ Ridgetop Golf Scope of Services & Fee Proposal 13 14 City of Tukwila Allan Ekberg, Mayor Parks & Recreation Department - Pete Mayer, Director TO: David Cline, City Administrator FROM: Pete Mayer, Parks & Recreation Director BY: Kris Kelly, Parks & Recreation Manager CC: Mayor Ekberg DATE: January 17, 2023 SUBJECT: Re -Landscape Foster Golf 7th Green ISSUE The 7th green is one of the original constructed greens at Foster Golf Links. It currently is undersized and does not properly drain to a degree that allows optimal playability throughout the year. DISCUSSION Re -landscaping the green will allow for less maintenance and better play with a larger footprint for play to spread out. The redesign is up to United States Golf Association (USGA) specifications for square footage and subservice drainage over upgraded irrigation. FINANCIAL IMPACT As provided in the budget and to provide the optimum level of service to the community — allowing for the re landscape of the 7th green with a turnkey contractor with a one-time cost of $130,000. Execution of this contract does not create any general fund expenditures as the work would be done exclusively within the Foster Golf Course or 411 Fund. RECOMMENDATION Department staff ask that council approve the contract. ATTACHMENTS Proposed Contract — Ridgetop Golf #7 Green Remodel Scope of Services & Fee Proposal Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 15 16 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TU KWI LA Short Form Contract Contractor/ Vendor Name: Ridqetop Golf Address: 4820 24th St. NW Giq Harbor Wa 98335 Telephone: Contract Number: Project No. Budget Item: Project Name: Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Department, 6200 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 17th day of January 2023, by and between the City of Tukwila, hereinafter referred to as "City", and Ridaetop Golf, hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: 1. SCOPE AND SCHEDULE OF SERVICES TO BE PERFORMED BY CONTRACTOR. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. TIME OF COMPLETION. The work shall be commenced on 8/1/23 and be completed no later than 12/31/23. 3. COMPENSATION AND METHOD OF PAYMENT. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $130.000, except by written agreement of the parties. 4. CONTRACTOR BUDGET. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the project. 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. CA revised May 2020 Page 1 17 The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. 8. MATERIALS, APPLIANCES AND EMPLOYEES. Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. 12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 16. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: CA revised May 2020 18 Page 2 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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 in excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Tess than A: VII. E. 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. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. 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. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five CA revised May 2020 Page 3 19 business -days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. 18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. 19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. 20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 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. 23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. 24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 25. 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. 26. 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. 27. NOTICES. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila CA revised May 2020 20 Page 4 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 28. 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. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. DATED this day of , 20 ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Allan Ekberg, Mayor By: es;ened ma SeamlessDocs.com Key: Etabfbbc-f6a4-9cbe-1:334tla63a8d068723 Casey Kalbrener Printed Name: Owner Title: ATTEST/AUTHENTICATED: 4820 24th st Nw gig harbor wa 98335 Address: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May 2020 Page 5 21 Foster Golf Links, Tukwila, WA - Remodel of 7 Green RIDGETOP GOLF - Update 10/6/22 Estimated Quantity Unit Unit Price Totals NOTE: ALL MATERIALS REQUIRED FOR CONSTRUCTION SHALL BE SUPPLIED BY CONTRACTOR. CONTRACTOR TO QUANTIFY MATERIALS AND LABOR COSTS FROM CONSTRUCTION DOCUMENTS AND FIELD OBSERVATIONS. 5 #7 Green Remodeling Mobilization $5,500.00 $5,500 Green Construction Grading and shaping of green and surrounds (include blending in fairway approach) 1 LS $18,780.00 $18,780 4" perforated pipe with clean out installation (encased in gravel) 543 LF $16.00 $8,688 Green rootzone mix installation - 16" rootzone mix (eliminate gravel blanket) 306 CY $155.00 $47,430 Drainage Installation 4" non -perforated pipe installation 274 LF $10.00 $2,740 Catch basin installation 4 EA $380.00 $1,520 Grassing Green surface sod installation 6,200 SF $1.75 $10,850 Collar sod installation 5' c ooi.a1. 1,560 SF $1.75 $2,730 Approach and surrounds sod installation 17,872 SF $0.81 $14,476 Bunker Installation Bunker shaping 556 SF $3.50 $1,946 4" perforated pipe with clean out installation (encased in course sand) 64 LF $18.00 $1,152 Bunker sand installation 9 CY $60.00 $510 9 SUBTOTAL COST FOR CONSTRUCTION of #7 Green $116,322 WA Sales & Use Tax 10.1% 11,749 TOTAL COST FOR CONSTRUCTION $128,071 COUNCIL AGENDA SYNOPSIS kv)* .. 4 Initials ITEM No. O 00 Z Meeting Date Prepared by Mayor's review Council review 1 r/' 9 1/23/23 MM Q 4.D. & '�� 90B Spec 2.1. 190E ITEM INFORMATION STAFF SPONSOR: JOEL BUSH ORIGINAL AGENDA DATE: 1/23/23 AGENDA ITEM TITLE Crowd Strike Contract CATEGORY 11 Mtg Discussion Date 1/23/23 II Motion Mtg Date 1/23/23 ❑ Resolution Mtg Date ❑ Ordinance Al g Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ►1 Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S TIS is seeking Council authorization to enter into a 3 -year subscription with Crowd Strike, SUMMARY for Security Monitoring and Incident Detection Response. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 1/23/23 COMMITTEE /1 ❑ Finance & Governance ❑ Planning & Community Dev. Parks Comm. ❑ Planning Comm. CHAIR: KRULLER RECOMMENDATIONS: SPONsoR/ADMIN. Technology & Innovation Services COMMITTEE Forward to C.O.W. and Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $119,622.90 $119,622.90 $ Fund Source: AS004012- 541007 Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/23/23 MTG. DATE ATTACHMENTS 1/23/23 Informational Memorandum dated 1/10/23 Crowd Strike Quote 23 24 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Technology and Innovation Services BY: Joel Bush, Chief Technical Officer CC: Mayor Ekberg DATE: January 10, 2023 SUBJECT: CrowdStrike Contract ISSUE TIS is seeking Council authorization to enter a 3 -year subscription service for Crowd Strike. BACKGROUND The TIS roadmap for the next biennium is focused on improving the City's security posture by reducing risk. Crowd Strike is an approved/funded tool used for Security Monitoring, and real- time Incident Detection Response. DISCUSSION Quote# NDTH833 is included for Council discussion and spans a period of 3 years, from the date of signing. FINANCIAL IMPACT Not to exceed $119,622.90 over three years and is a TIS budgeted expense. RECOMMENDATION The Council is being asked to discuss the contract at the 1/23/23 Committee of the Whole meeting, then forward to the 1/23/23 Special Meeting Consent Agenda, for approval. ATTACHMENTS Quote for Crowd Strike subscription services 25 26 +moi PEOPLE WHO GET IT JOEL BUSH, Thank you for choosing CDW. We have received your quote. Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NDTH833 1/11/2023 FALCON COMPLETE 3 YR 0745164 $119,622.90 IMPORTANT - PLEASE READ Special Instructions: 3 -year contract, paid in 3 separate annual payments of $36,216.43 w/o tax, first payment due upon signing QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE Falcon Complete with Threat Graph Standard - subscription 300 license (1 year) Mfg. Part#: CS.FCSD.SOLN.T1.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) 6040952 $13.65 $4,095.00 Falcon Insight Endpoint Detection & Response - subscription 300 5441170 $0.00 $0.00 license (1 year Mfg. Part#: CS.INSIGHTB.SOLN.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Prevent - subscription license (1 year) - 1 endpoint 300 5441174 $0.00 $0.00 Mfg. Part#: CS.PREVENTB.SOLN.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Discover - subscription license (1 year) - 1 endpoint 300 5441177 $0.00 $0.00 Mfg. Part#: CS.DISCB.SOLN.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete - subscription license (1 year) - 1 license 300 5400119 $0.00 $0.00 Mfg. Part#: CS.FALCOMPS.SVC.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA 27 QUOTE DETAILS (CONT.) 28 Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Overwatch - subscription license (1 year) - 1 endpoint 300 Mfg. Part#: CS.OWB.SVC.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) 5441182 $0.00 $0.00 CrowdStrike Threat Graph Standard - subscription license (1 300 5400122 $0.00 $0.00 year) - 1 licen Mfg. Part#: CS.TGB.STD.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) University LMS Subscription New Customer Access Pass - 2 5513533 $0.00 $0.00 web -based training Mfg. Part#: RR.PSO.ENT.NCAP.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete with HPS Threat Graph Standard - 10 6175347 $21.32 $213.20 subscription license (1 ye Mfg. Part#: CS.FCSD.HPS.SOLN.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Insight Endpoint Detection & Response - subscription 10 5441170 $0.00 $0.00 license (1 year Mfg. Part#: CS.INSIGHTB.SOLN.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Prevent - subscription license (1 year) - 1 endpoint 10 5441174 $0.00 $0.00 Mfg. Part#: CS.PREVENTB.SOLN.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Discover - subscription license (1 year) - 1 endpoint 10 5441177 $0.00 $0.00 Mfg. Part#: CS.DISCB.SOLN.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete - subscription license (1 year) - 1 license 10 5400119 $0.00 $0.00 Mfg. Part#: CS.FALCOMPS.SVC.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Overwatch - subscription license (1 year) - 1 endpoint 10 5441182 $0.00 $0.00 Mfg. Part#: CS.OWB.SVC.T5.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) CrowdStrike Threat Graph Standard HPS - subscription license 10 5757208 $0.00 $0.00 (1 year) - 1 I Page 2 of 8 QUOTE DETAILS (CONT.) Mfg. Part#: CS.TGB.STD.HPS.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete Complimentary Customer Identification 10 6284569 subscription licen Mfg. Part#: CS.FALCOMPONBC.SOLN.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) $0.00 $0.00 CrowdStrike Express Support - technical support - for 1 4915958 $8,713.23 $8,713.23 CrowdStrike Falcon Ho Mfg. Part#: RR.HOS.ENT.EXPS.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Identity Threat Protection Complete - subscription 500 6893652 $46.39 $23,195.00 license (1 year) Mfg. Part#: CS.ITPC.SOLN.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Identity Threat Protection - subscription license (1 500 6893653 $0.00 $0.00 year) - 1 accou Mfg. Part#: CS.ITP.SOLN.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Identity Threat Protection Complete - subscription 500 6893655 $0.00 $0.00 upgrade license ( Mfg. Part#: CS.ITPCU.SOLN.12M Year 1 (Jan 27, 2023 - Jan 26, 2024) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete with Threat Graph Standard - subscription 300 6040952 $13.65 $4,095.00 license (1 year) Mfg. Part#: CS.FCSD.SOLN.T1.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Insight Endpoint Detection & Response - subscription 300 5441170 $0.00 $0.00 license (1 year Mfg. Part#: CS.INSIGHTB.SOLN.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Prevent - subscription license (1 year) - 1 endpoint 300 5441174 $0.00 $0.00 Mfg. Part#: CS.PREVENTB.SOLN.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Discover - subscription license (1 year) - 1 endpoint 300 5441177 $0.00 $0.00 Mfg. Part#: CS.DISCB.SOLN.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Page 3 of 8 29 QUOTE DETAILS (CONT.) Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete - subscription license (1 year) - 1 license Mfg. Part#: CS.FALCOMPS.SVC.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) 300 5400119 $0.00 $0.00 Falcon Overwatch - subscription license (1 year) - 1 endpoint 300 5441182 $0.00 $0.00 Mfg. Part#: CS.OWB.SVC.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) CrowdStrike Threat Graph Standard - subscription license (1 300 5400122 $0.00 $0.00 year) - 1 licen Mfg. Part#: CS.TGB.STD.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) University LMS Subscription New Customer Access Pass - 2 5513533 $0.00 $0.00 web -based training Mfg. Part#: RR.PSO.ENT.NCAP.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete with HPS Threat Graph Standard - 10 6175347 $21.32 $213.20 subscription license (1 ye Mfg. Part#: CS.FCSD.HPS.SOLN.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Insight Endpoint Detection & Response - subscription 10 5441170 $0.00 $0.00 license (1 year Mfg. Part#: CS.INSIGHTB.SOLN.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Prevent - subscription license (1 year) - 1 endpoint 10 5441174 $0.00 $0.00 Mfg. Part#: CS.PREVENTB.SOLN.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Discover - subscription license (1 year) - 1 endpoint 10 5441177 $0.00 $0.00 Mfg. Part#: CS.DISCB.SOLN.T5.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete - subscription license (1 year) - 1 license 10 5400119 $0.00 $0.00 Mfg. Part#: CS.FALCOMPS.SVC.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) 30 Falcon Overwatch - subscription license (1 year) - 1 endpoint 10 5441182 $0.00 $0.00 Mfg. Part#: CS.OWB.SVC.T5.12M Page 4 of 8 QUOTE DETAILS (CONT.) Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) CrowdStrike Threat Graph Standard HPS - subscription license 10 5757208 (1 year) - 1 1 Mfg. Part#: CS.TGB.STD.HPS.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) $0.00 $0.00 CrowdStrike Express Support - technical support - for 1 4915958 $8,713.23 $8,713.23 CrowdStrike Falcon Ho Mfg. Part#: RR.HOS.ENT.EXPS.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Identity Threat Protection Complete - subscription 500 6893652 $46.39 $23,195.00 license (1 year) Mfg. Part#: CS.ITPC.SOLN.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Identity Threat Protection - subscription license (1 500 6893653 $0.00 $0.00 year) - 1 accou Mfg. Part#: CS.ITP.SOLN.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Identity Threat Protection Complete - subscription 500 6893655 $0.00 $0.00 upgrade license ( Mfg. Part#: CS.ITPCU.SOLN.12M Year 2 (Jan 27, 2024 - Jan 26, 2025) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete with Threat Graph Standard - subscription 300 6040952 $13.65 $4,095.00 license (1 year) Mfg. Part#: CS.FCSD.SOLN.T1.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Insight Endpoint Detection & Response - subscription 300 5441170 $0.00 $0.00 license (1 year Mfg. Part#: CS.INSIGHTB.SOLN.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Prevent - subscription license (1 year) - 1 endpoint 300 5441174 $0.00 $0.00 Mfg. Part#: CS.PREVENTB.SOLN.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Discover - subscription license (1 year) - 1 endpoint 300 5441177 $0.00 $0.00 Mfg. Part#: CS.DISCB.SOLN.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Page 5 of 8 31 QUOTE DETAILS (CONT.) Falcon Complete - subscription license (1 year) - 1 license Mfg. Part#: CS.FALCOMPS.SVC.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) 300 5400119 Falcon Overwatch - subscription license (1 year) - 1 endpoint 300 5441182 Mfg. Part#: CS.OWB.SVC.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) $0.00 $0.00 $0.00 $0.00 CrowdStrike Threat Graph Standard - subscription license (1 300 5400122 $0.00 $0.00 year) - 1 licen Mfg. Part#: CS.TGB.STD.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) University LMS Subscription New Customer Access Pass - 2 5513533 $0.00 $0.00 web -based training Mfg. Part#: RR.PSO.ENT.NCAP.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete with HPS Threat Graph Standard - 10 6175347 $21.32 $213.20 subscription license (1 ye Mfg. Part#: CS.FCSD.HPS.SOLN.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Insight Endpoint Detection & Response - subscription 10 5441170 $0.00 $0.00 license (1 year Mfg. Part#: CS.INSIGHTB.SOLN.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Prevent - subscription license (1 year) - 1 endpoint 10 5441174 $0.00 $0.00 Mfg. Part#: CS.PREVENTB.SOLN.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Discover - subscription license (1 year) - 1 endpoint 10 5441177 $0.00 $0.00 Mfg. Part#: CS.DISCB.SOLN.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Complete - subscription license (1 year) - 1 license 10 5400119 $0.00 $0.00 Mfg. Part#: CS.FALCOMPS.SVC.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) Falcon Overwatch - subscription license (1 year) - 1 endpoint 10 5441182 $0.00 $0.00 Mfg. Part#: CS.OWB.SVC.T5.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPO16-130652 06016) 32 Page 6 of 8 QUOTE DETAILS (CONT.) CrowdStrike Threat Graph Standard HPS - subscription license (1 year) - 1 I Mfg. Part#: CS.TGB.STD.HPS.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSP016-130652 06016) CrowdStrike Express Support - technical support - for CrowdStrike Falcon Ho Mfg. Part#: RR.HOS.ENT.EXPS.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSP016-130652 06016) Falcon Identity Threat Protection Complete - subscription license (1 year) Mfg. Part#: CS.ITPC.SOLN.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSP016-130652 06016) Falcon Identity Threat Protection - subscription license (1 year) - 1 accou Mfg. Part#: CS.ITP.SOLN.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSP016-130652 06016) Falcon Identity Threat Protection Complete - subscription upgrade license ( Mfg. Part#: CS.ITPCU.SOLN.12M Year 3 (Jan 27, 2025 - Jan 26, 2026) Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSP016-130652 06016) 10 1 5757208 $0.00 4915958 $8,713.23 500 6893652 $46.39 500 6893653 $0.00 500 6893655 $0.00 $0.00 $8,713.23 $23,195.00 $0.00 $0.00 SUBTOTAL SHIPPING SALES TAX GRAND TOTAL $108,649.29 $0.00 $10,973.61 $119,622.90 PURCHASER BILLING INFO Billing Address: CITY OF TUKWILA ACCTS PAYABLE 6200 SOUTHCENTER BLVD TUKWILA, WA 98188-2599 Phone: (206) 433-1800 Payment Terms: Net 30 Days -Govt State/Local DELIVER TO Shipping Address: CITY OF TUKWILA JOEL BUSH 6200 SOUTHCENTER BLVD TUKWILA, WA 98188-2599 Phone: (206) 433-1800 Shipping Method: ELECTRONIC DISTRIBUTION Please remit payments to: n CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Mitchell Funk 1 (877) 800-3219 1 mitcfun©cdw.com LEASE OPTIONS Page 7 of 8 33 FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $108,649.29 $2,883.55/Month $108,649.29 $3,338.79/Month Monthly payment based on 36 month lease. 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Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 34 Page 8 of 8 COUNCIL AGENDA SYNOPSIS kJ* 4, Initials ITEM NO. OMeeting Date Prepared by Mayor's review Council review "t -4 1/23/23 PH 4.E. & a ��l �(r� o v Spec 2.K. 2.908 ITEM INFORMATION STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 1/23/23 AGENDA ITEM TITLE Amendment to Tukwila Municipal Code (TMC) Chapter 2.42 Civil Service Commission CATEGORY 11 Mtg Discussion Date 1/23/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Mtg Ordinance Date 1/23/23 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ Pc R 11 Police ❑ PIF SPONSOR'S The current"rule of three" as part of the TMC Civil Service hiring process is antiquated and SUMMARY reduces the Police Department's ability to stay competitive in the law enforcement hiring market. In order to meet the police department's recruitment needs, the police department is proposing that the TMC language be amended to create a "rule of five." REVIEWED BY ❑ Trans&Infrastructure Svcs ./ ❑ LTAC ❑ DATE: 1/23/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONsoR/ADMIN. Police Department COMMITTEE Forward to Special Meeting consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED So $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/23/23 MTG. DATE ATTACHMENTS 1/23/23 Informational Memorandum dated 1/16/23 Ordinance revising TMC 2.42.030 Civil Service Commission 35 36 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Chief of Police Eric Dreyer CC: Mayor Ekberg DATE: January 16th, 2023 SUBJECT: Amendment to Tukwila Municipal Code (TMC) Chapter 2.42 Civil Service Commission ISSUE To meet the police department's recruitment needs, the police department is proposing that the TMC language be amended to create a "rule of five," vs the current rule of three. This would codify the process that has been presented to and support by the Civil Service Commission. BACKGROUND Chapter 2.42.030 of the TMC refers to a Civil Service eligibility list. (This list is generated through an objective testing process and an oral board panel.) The appointing authority, (the Chief of Police) must make an appointment from the top-ranked three applicants on the eligibility list for each position to be filled. With only being able to select from the top three candidates, this "rule of three" reduces the ability to find the most qualified candidates, increases the time it takes to schedule and conduct interviews, and allows other agencies to hire the quality applicants before we get a chance to interview them. Almost every applicant that the police department interviewed in 2022 was in the hiring process with multiple law enforcement agencies at the same time. The greatest threat to current recruitment efforts is in having a hiring process that is not efficient or flexible, giving competing agencies the edge. DISCUSSION In order to meet the police department's recruitment needs, the police department is proposing that the TMC language be amended to create a "rule of five." TMC 2.42.030 Commission Organization — Duties B. Duties of the Commission. 10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the names of the three five persons highest on the eligible list for the class. The Commission shall make provision in its rules for provisional or temporary appointments to be utilized when there is no such eligible list applicable to the vacant position, or which may be utilized at the discretion of the appointing authority when there are less than thrccfive names on the eligibility list applicable to the vacant position. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact continue to be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the 37 38 INFORMATIONAL MEMO Page 2 discretion of the Commission warrants an additional extension of such a provisional or temporary appointment. A "rule of five" will allow the Chief of Police to see a deeper pool of applicants per position opening. A deeper pool creates a greater opportunity to identify the most qualified applicants, reduces rescheduling of interview delays resulting from exhausting a shorter interview list of applicants, and increases our ability to compete with other agencies vying for the same people. Amending TMC 2.42.030 to read "top-ranked five applicants" will expedite our hiring process and allow for greater potential to find quality applicants to serve the Tukwila Community. FINANCIAL IMPACT No financial impact. RECOMMENDATION The Council is being asked to approve the amendment to TMC 2.42.030 and consider this item at the January 23rd, 2023, Committee of the Whole meeting and subsequent Special Meeting on the same date. ATTACHMENTS Ordinance updating TMC Section 2.42.030 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Informational Memorandum - Amendment to TMC Civil Service.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2691 §5, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.42.030, TO UPDATE ORGANIZATIONAL PROCEDURES RELATING TO THE CIVIL SERVICE COMMISSION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, recruiting qualified law enforcement officers is a priority for the community; and WHEREAS, the City's Civil Service Commission is the established regulatory body over the police hiring process pursuant to Chapter 41.12 RCW; and WHEREAS, Tukwila Municipal Code (TMC) Section 2.42.030, "Commission Organization — Duties," currently requires that vacant positions in the Tukwila Police Department must be filled based upon the names of the three persons highest on the Civil Service eligibility list; and WHEREAS, the City of Tukwila desires to create a more efficient hiring process that allows greater opportunity to hire diverse applicants and is competitive with other law enforcement agencies by increasing the Civil Service eligibility list from three to five persons; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 2691 §5, as codified at TMC Section 2.42.030, "Commission Organization — Duties," subparagraph B.10, is hereby amended to read as follows: 10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the names of the three five persons highest on the eligible list for the class. The Commission shall make provision in its rules for provisional or temporary appointments to be utilized when there is no such eligible list applicable to the vacant CC:\Legislative Development\Update TMC 2.42 Civil Service Commission 1-17-23 ED:AY Review and analysis by Andy Youn Page 1 of 2 39 1 40 position, or which may be utilized at the discretion of the appointing authority when there are less than three five names on the eligibility list applicable to the vacant position. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact continue to be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the Commission warrants an additional extension of such a provisional or temporary appointment. Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC:\Legislative Development\Update TMC 2.42 Civil Service Commission 1-17-23 ED:AY Review and analysis by Andy Youn Page 2 of 2 COUNCIL AGENDA SYNOPSIS k\)* ; 4, Initials ITEM NO. OZMeeting Date Prepared by Mayor's review Council review .� ` 7.1 0 1/23/23 LH a l- 0 4. F. 290E ITEM INFORMATION STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 1/23/23 AGENDA ITEM TITLE 2023 City Council and Mayor Participation on Boards, Committees and Commissions CATEGORY 11 Mtg Discussion Date 1/23/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR 11 Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S Each January, the City Council reviews an updated list of participation on boards, SUMMARY committees and commissions (not including City Council standing committees). The 2023 draft list is attached and could be confirmed following Council discussion. The list is subject to change during the year. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/23/23 MTG. DATE ATTACHMENTS 1/23/23 Draft participation list 41 42 City of Tukwila City Council 2023 Council and Mayor Participation on Boards, Committees and Commissions AWC Board of Directors, District 13 Governs and provides guidance and direction to the CEO AWC Education and Training Advisory Committee Provides input to AWC staff on comprehensive member training program AWC Federal Legislative Priorities Committee Develops AWC's federal priorities and makes recommendations to the Board. Cascade Water Alliance Board of Directors Governs municipal corporation providing safe, clean, reliable water supply Cascade Water Alliance Resource Management Committee Makes recommendations to the Board on matters relating to planning and development of water supply resources, operations and maintenance, water quality, and water conservation City of Tukwila Equity and Social Justice Commission Advises city and school officials of opportunities to promote understanding and acceptance of cultural diversity Firemen's Pension Board Provides support to retired firefighters who qualified for a city pension prior to 1971 Greater Seattle Partners Executive Council Provides input to Board of public-private regional economic development corporation Highline Forum Provides Southwest King County municipalities, educational governing bodies and the Port of Seattle with the opportunity to share information and partner on initiatives Kathy Hougardy Kathy Hougardy Kate Kruller Allan Ekberg, Secretary/Treasurer Kate Kruller, Alternate Allan Ekberg Kathy Hougardy Kate Kruller Kathy Hougardy Kathy Hougardy Allan Ekberg King County Flood Control District Advisory Committee Allan Ekberg Makes recommendations to the District's Board of Supervisors Thomas McLeod, Alternate related to the annual budget, including capital improvement program projects and funding levels King County Growth Management Planning Council Collaborates on framework policies to guide development of comprehensive plans 6zoo Southcenter Boulevard • Tukwila, Washington • 98188 - Tel: 206-433-1800 • www.tukwilawa.gov Thomas McLeod 43 2023 Council Participation page 2 Kathy Hougardy King County Regional Transit Committee Reviews and makes recommendations to the King County Council on countywide policies and plans for public transportation services operated by the County. Lodging Tax Advisory Committee Cynthia Delostrinos Johnson, Provides recommendations to Mayor & Council regarding the Chair levying and application of Hotel/Motel tax collections National League of Cities: Information Technology & Communications Committee Develops policy positions and leads NLC's advocacy on issues involving broadband access and affordability, net neutrality, cable TV, phone services, spectrum issues, wireless facilities siting, smart cities, and cybersecurity. National League of Cities: Transportation & Infrastructure Services Federal Advocacy Committee Leads policy development and advocacy on transportation connectivity, including federal funding, safety and innovation Puget Sound Partnership Ecosystem Coordination Board Advises Leadership Council of agency in charge of mobilizing and accelerating science -based effort to protect and restore Puget Sound. Puget Sound Regional Council: Central Puget Sound Economic Development District Board Develops and adopts the region's Comprehensive Economic Development Strategy Puget Sound Regional Council: Executive Board Makes decisions on behalf of the General Assembly with the input of several advisory boards. AIIan Ekberg Kate Kruller, Chair Kate Kruller Kathy Hougardy Thomas McLeod Puget Sound Regional Council: Transportation Policy Board Kate Kruller Advises the Executive Board on transportation issues Puget Sound Regional Fire Authority Annexation Oversight Kate Kruller Committee Tosh Sharp Recommends an Annexation Plan to be sent for review and approval by the PSRFA Governing Board and Tukwila City Council Puget Sound Regional Fire Authority Governance Board Thomas McLeod, advisory Governs the PSRFA member SCORE Jail Administrative Board AIIan Ekberg Administers the regionally owned jail Sound Cities Association Board of Directors Oversees general activities and establishes broad policies and objectives De'Sean Quinn Sound Cities Association Equity & Inclusion Cabinet Cynthia Delostrinos Johnson 44 2023 Council Participation page 3 Provides feedback and guidance to SCA as it strives to be an equitable and inclusive organization Sound Cities Association Regional Policy Committee Reviews and recommends regional policies and plans, other than transit and water quality plans Sound Cities Association Public Issues Committee Makes recommendations to the Board on policies & committee appointments AIIan Ekberg Kate Kruller Kathy Hougardy, alternate South County Area Transportation Board Kathy Hougardy Serves as a forum for information sharing, consensus building, and Allan Ekberg, alternate coordinating in order to resolve transportation issues and promote transportation programs that benefit the area South King Housing & Homelessness Partnership Executive Cynthia Delostrinos Johnson Board De'Sean Quinn, Alternate Governs partnership that collaborates and shares resources to increase available options for residents to access affordable housing and preserve existing affordable housing stock Soundside Alliance for Economic Development Board Oversees activities of economic development partnership Kathy Hougardy, Executive Committee Chair Tom McLeod, alternate Valley Communications Executive Board AIIan Ekberg, Chair Washington State Criminal Justice Training Commission Board De'Sean Quinn, Chair Oversees standards and training for criminal justice professionals WRIA 9 Management Committee Develops agenda items for the Watershed Ecosystem Forum and provides direction to the jointly -funded staff working on the Salmon Habitat Plan Updated 1/17/23 AIIan Ekberg 45 46 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 01/23/23 JR ITEM INFORMATION ITEM NO. Spec 2.D. 47 STAFF SPONSOR: MICHAEL RONDA ORIGINAL AGENDA DATE: 01/23/23 AGENDA ITEM TITLE 2022 Overlay & Repair Program Furnishing Signal Items CATEGORY ❑ Discussion Mtg Date Motion Date 01/23/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council Mayor HR DCD Finance Fire TS P&R ❑Police PIF Court SPONSOR'S The Annual Overlay and Repair Program preserves and maintains the street structure in a SUMMARY safe and useable condition. The items such as APS style pedestrian push button assemblies, video detection cameras, and traffic controller cabinet w/battery backup are all critical inventory that we need to purchase as soon as possible. Council is being asked to approve the purchase of the items shown above for $99,914.00 for the 2022 Overlay and Repair Program. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 01/17/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $99,914.00 $1,785,000.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/23/23 MTG. DATE ATTACHMENTS 01/23/23 Informational Memorandum dated 01/13/23 CIP Pages 2, 12, 78 Western Systems Quotes and Purchase Orders Minutes from Transportation and Infrastructure Committee meeting of 01/17/23 47 48 City of Tukwila Marl Ekberg, Mayor P #IIIc Works Dept►rtrnerat - Hari Ponrreakonti tfirectoriCity Ensrirver INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Michael Ronda, Project Manager CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: 2022 Overlay & Repair Program Furnishing Signal Items Project No. 80010404 ISSUE Approve the purchase of pedestrian push button assemblies, video detection cameras, and traffic controller cabinet to replenish Street Department inventory used for the 2022 Annual Overlay and Repair Program. BACKGROUND The Annual Overlay and Repair Program preserves and maintains the street structure in a safe and useable condition. Last year's construction scope included pavement repairs, sidewalk improvements, asphalt overlay and pedestrian improvements at four different work zones throughout the city. The 2022 Overlay program also included a component to replace out of date signal equipment at the OriIlia/200th St. intersection to support improved pedestrian features and traffic video detection. DISCUSSION Due to concerns about COVID supply chain delays, we chose to provide select critical components of the Orillia signal upgrade using existing signal equipment stock with the expectation of replacing these materials on a timeline that did not impact the completion of the project. Some items were not within existing Tukwila inventory, so we purchased these items using local vendors. At this point the majority of the project and all of the signal upgrades are complete and we need to replenish our inventory so we are not left without a replacement in the case of a knock down or failure of an existing signal cabinet. The items shown below such as APS style pedestrian push button assemblies, video detection cameras, and traffic controller cabinet w/battery backup are all critical inventory that we need to purchase as soon as possible. The 2022 Annual Overlay project is expected to be completed within budget with funding remaining to purchase these components. FINANCIAL IMPACT The 2022 Overlay construction contract and equipment purchases are within the 2022 Overlay and repair Budget approved by Council at the June 27, 2022 Special meeting. Equipment Purchases APS style pedestrian push button assemblies Video detection cameras Traffic controller cabinet (Model P+) UPS for controller cabinet Sub -Total Cost Estimates $14,018.00 36,845.00 42,681.00 6.370.00 $99,914.00 Funding Source Overlay CIP NTCP CIP Complete Streets Small Drainage CIP 2022 Budget $1,050,000.00 250,000.00 400,000.00 85.000.00 $1,785,000.00 Bid Award 2022 Annual Overlay Construction Bid $1 612 610.00 Total $1,712,524.00 $1,785,000.00 RECOMMENDATION Council is being asked to approve the purchase of the items shown above for $99,914.00 for the 2022 Overlay and Repair Program and consider this item on the Consent Agenda at the January 23, 2023, Special Council Meeting. ATTACHMENTS: 2021 CIP Pages Western Systems Quotes and Purchase Orders 49 50 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 80010301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycl such as the speed cushions, RRFB crossings, LED enhanced signs, Radar driver feedback signs, etc. FINANCIAL (in $000's) Through Estimated 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND EXPENSES Design 63 50 100 100 Land (R/W) Const. Mgmt. 37 Construction 148 0 300 TOTAL EXPENSES 248 50 100 400 0 0 0 0 0 FUND SOURCES ARPA Funding 100 400 Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected City Oper. Revenue 248 50 0 0 0 0 0 0 0 TOTAL SOURCES 248 50 0 0 0 0 0 0 0 2021 - 2026 Capital Improvement Program 2 51 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which JUSTIFICATION: also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 209 190 150 150 150 150 150 150 150 1,449 Land (R/W) 0 Const. Mgmt. 121 15 200 200 200 200 200 200 200 1,536 Construction 1,224 312 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,336 TOTAL EXPENSES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 TOTAL SOURCES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 52 2021 - 2026 Capital Improvement Program 12 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Small Drainage Program Project No. 9x241201 81241207 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 74 92 100 100 100 100 110 110 80 866 Const. Mgmt. 40 68 100 100 100 100 110 110 80 808 Construction 108 515 700 700 700 700 750 750 513 5,436 TOTAL EXPENSES 222 675 900 900 900 900 970 970 673 7,110 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 157 675 900 900 900 900 970 970 673 7,045 TOTAL SOURCES 222 675 900 900 900 900 970 970 673 7,110 Project Location: Entire System GIS 2021 - 2026 Capital Improvement Program 78 53 54 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B ADDRESS g' NU NUMBERS 425-530-9017 CITY/STATE/ZIP Everett/WA/98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-1 DATE 12/22/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY= Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK AMOUNT 1 Detection and Pedestrian Equipment $ 12,570.63 0-08159 (Pedestrian Crossing Systems) Estimated Shipping 177.33 NOTES Annual Traffic Signal Program Items Project: JL KEY 80010404-3000156 GL -1046400-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal Sales Tax TOTAL $ 12,747.96 1,269.63 $ 14,017.59 PURCHASER/ M.Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20,000.00) Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 I Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-08159 Project Agency: Detection and Pedestrian Equipment KPG Prepared For: To place an order: Contact: Jan Ciganik Phone: (206) 267-1034 Company: City of Tukwila, WA Email: jan@kpg.com Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Kai Antrim Phone: +1 4255309017 Fax: (425) 438-1585 Email: kantrim@westernsystems-inc.com *This order is subject to the terms & conditions Qty Part # Description 6 7220086260 INS2 APS (iNAVIGATOR) 2 WIRE SYS W/9X15 HIRR R10 -3E SIGN, NO BRAILLE, VOICE (GREEN) 2016 1 7220086350 CONTROL UNIT (iNAVIGATOR) INTELLIGENT CENTRAL CONTROL UNIT SHELF MOUNT (ALL CABINETS) 1 7220086360 CABLE B, PREEMPTION INPUTS CABLE FOR ICCU-S2 1 7220086355 ANY CABINET CABLE PACKAGE (INCLUDES CABLES -A, C & iN2-ICB) 2 7030036025 PED SIGNAL 16" 1 SEC ALUMINUM (_) W/RIGHT CLAMSHELL (GREEN) EAGLE 2 7030036055 PED SIGNAL 16" 1 SEC ALUMINUM (_) W/LEFT CLAMSHELL (GREEN) EAGLE 2 7030036000 PED SIGNAL 16" 1 SEC ALUMINUM (_) OPEN PORTS (GREEN) EAGLE 6 7110020050 LED 16" ORANGE/WHITE PEDESTRIAN COUNTDOWN (2007 ITE) 1 7052180015 POST TOP MOUNTING PED / PED (TYPE C) GREEN 6 9880000011 INSTALLATION OF LEDS IN PEDESTRIAN SIGNALS Terms: Freight Terms: Material Lead Time: 56 Net 30 FOB DstFrt PP&ADD See General Conditions below for exceptions and changes to freight and lead time policies 1 of 3 Subtotal Shipping Tax 10.10% Grand Total $12,570.63 $177.33 $1,269.63 $14,017.59 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 2 of 3 57 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 58 3 of 3 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B ADDRESS g' NU NUMBERS 425-530-9017 CITY/STATE/ZIP Everett/WA/98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-2 DATE 12/22/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY= Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK AMOUNT 1 Detection and Pedestrian Equipment 104 80010404 3000 156 $ 33,146.87 Q-08199 (Video Detection Cameras) Estimated Shipping 350.00 GL KEY: PW306480C OBJ:563000 NOTES Annual Traffic Signal Program Items Project: JL KEY 80010404-3000156 GL -1046400-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal Sales Tax TOTAL $ 33,496.87 3,347.83 $ 36,844.70 PURCHASER/ M.Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20,000.00) Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 1 Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-08199 Project Agency: Detection and Pedestrian Equipment KPG Prepared For: To place an order: Contact: Jan Ciganik Phone: (206) 267-1034 Company: City of Tukwila, WA Email: jan@kpg.com Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Kai Antrim Phone: +1 4255309017 Fax: (425) 438-1585 Email: kantrim@westernsystems-inc.com This order is subject to the terms & conditions Qty Part # Description 1 5850040718 VANTAGE NEXT VIDEO CAMERA (WDR) 3 5850010110 CAMERA/RADAR SYSTEM (VECTOR -NEXT) 115VAC ITERIS (COLOR) 1 5850040730 VANTAGE NEXT CCU UNIT W/SHIP KIT (SHELF MOUNT) TS2 VERSION; MAX 4 SENSORS 1 0630010027 CABLE CAT5E DIRECT BURIAL STP (GEL FILLED) 1000FT ROLL Terms: Freight Terms: Material Lead Time: 60 Net 30 FOB DstFrt PP&ADD See General Conditions below for exceptions and changes to freight and lead time policies 1 of 3 Subtotal Shipping Tax 10.10% Grand Total $33,146.87 $350.00 $3,347.83 $36,844.70 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 2 of 3 61 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 62 3 of 3 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B ADDRESS g' NU NUMBERS 425-530-9017 CITY/STATE/ZIP Everett/WA/98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-3 DATE 12/13/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY= Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK AMOUNT 1 Detection and Pedestrian Equipment $ 38,456.52 Q-06712 (P+ Signal Cabinet) Estimated Shipping 340.00 NOTES 2022 Annual Overlay Program Items Project: JL KEY 80010401-3000156 GL - 104640C-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal Sales Tax TOTAL $ 38,796.52 3,884.11 $ 42,680.63 PURCHASER/ M. Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20,000.00) Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 I Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-06712 Project Agency: Boeing Fire Signal City of Tukwila, WA Prepared For: To place an order: Contact: Tim Kirkland Phone: (206) 433-1862 Company: City of Tukwila, WA Email: tim.kirkland©tukwilawa.gov Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Robert Nims Phone: 425-438-1133 Fax: (425) 438-1585 Email: rnims©westernsystems-inc.com *This order is subject to the terms & conditions Qty Part # Description 1 3012500000 ENCLOSURE TYPE P+ ROLLED STOCK (F) ALLEN WRENCH (S) HANDLES (UNFINISHED) 1 2510510013 CONTROLLER CABINET (TS2-1); WESTERN SYSTEMS TYPE P+ 32CH (2019) NOTES WESTERN SYSTEMS CITY OF TUKWILACABINET # EPACP+2061-USSO 0000023381 4 2010000040 RED JUMPERS UNUSED PHASES 1 4050090021 CONTROLLER EPAC M62; ATC / ATC COMM HUB / LINUX CPU / SEPAC LATEST VERSION / 8133-0004-014 1 5010030065 SMART MONITOR (MMU2-16LEIP) 16 CH ENHANCED MMU W/FYA SUPPORT & ETHERNET 1 5070070250 POWER SUPPLY (PS250) SHELF MOUNT (TS2) 5A 2 5060050710 BUS INTERFACE UNIT (BIU700H) (TS2) 1/2W 2 5060050700 BUS INTERFACE UNIT (BIU700) (TS2) 16 5020010620 LOAD SWITCH (SSS871/O) CUBE WITH I/O INDICATORS (PDC) 1 5030010887 FLASHER (SSF87) CUBE (PDC) 6 5040040020 FLASH TRANSFER RELAY 2 5610030006 LOOP AMPLIFIER (ORACLE4EH) 4CH 1/2 WIDTH WITH TIMING AND LCD DISPLAY 2 5610030004 LOOP AMPLIFIER (ORACLE4E) 4CH RACK MOUNT WITH TIMING AND LCD DISPLAY 1 5455050040 OPTICOM (764) PHASE SELECTOR 4CH (INFRARED / GPS) Terms: Freight Terms: Material Lead Time: 64 Net 30 FOB DESTINATION See General Conditions below for exceptions and changes to freight and lead time policies 1 of 4 Subtotal Shipping Tax 10.10% Grand Total $38,456.52 $340.00 $3,884.11 $42,680.63 2 of 4 65 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 66 3 of 4 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 4 of 4 67 68 City of Tukwila 6200 Southcenter Blvd, Tukwila, WA 98188-2544 206-433-1800 VENDOR INFORMATION NAME Western Systems y CONTACTOR Kai Antrim SALESPERSON STREET 1122 IndustryStreet, Bldg. B ADDRESS g' NU NUMBERS 425-530-9017 CITY/STATE/ZIP Everett/WA/98203 EMAIL ADDRESS kantrim@westernsystems-inc.com PURCHASE INFORMATION PURCHASE ORDER NUMBER PWE12222022-4 DATE 12/22/2022 The PO number is the three -character department code and today's date, in the following format: XXXMMDDYY XXX = Department Code (FIN, PWM, FIR, POL, etc...) MM = Month (01, 02, 11, etc...) DD = Day (01, 21 ,29, 30, etc...) YY= Year (14, 15, etc...) Example: For a Fire PO created on June 1, 2014, the PO number would be: FIR060114 GENERAL LEDGER ACCOUNT PROJECT ACCOUNTING QUANTITY DESCRIPTION FUND DEPT BASUB ELEMENT OBJ SUB -OBJ PROJECT PHASE TASK SUB -TASK AMOUNT 1 Detection and Pedestrian Equipment $ 5,717.61 0-08201 (UPS/ATS/Battery Backup) Estimated Shipping 75.00 NOTES Annual Traffic Signal Program Items Project: JL KEY 80010404-3000156 GL -1046400-565005 APPROVALS OTHER QUOTES VENDOR (State Contract 04616/CoT K2219) QUOTE DATE VENDOR QUOTE DATE Subtotal Sales Tax TOTAL $ 5,792.61 577.48 $ 6,370.09 PURCHASER/ M.Ronda INITIATED BY DEPARTMENTAL APPROVAL EXECUTIVE APPROVAL (Required if more than $20,000.00) Western Systems Innovative Transportation Solutions 1122 Industry Street, Bldg. B, Everett, WA 98203 Phone: (425) 438-1133 I Fax: (425) 438-1585 Quotation Date Quote # Rev # 12/20/22 Q-08201 Project Agency: Detection and Pedestrian Equipment KPG Prepared For: To place an order: Contact: Jan Ciganik Phone: (206) 267-1034 Company: City of Tukwila, WA Email: jan@kpg.com Address: Attn: Accounts Payable600 Minkler Boulevard City/State: Tukwila, WA 98188 Contact: Kai Antrim Phone: +1 4255309017 Fax: (425) 438-1585 Email: kantrim@westernsystems-inc.com *This order is subject to the terms & conditions Qty Part # Description 1 8025000115 UPS POWER MODULE HP 1100W W/(6) RELAYS & 120V INPUT/OUTPUT IP/SNMP 1 8025015000 AUTOMATIC TRANSFER SWITCH ASSEMBLY 19" RM WITH SURGE & RECEPTACLES 120VAC (P -PLUS + WSDOT) 1 8025050032 BATTERY CABLE HARNESS KIT 48V 8FT 1/4-20 TERMINALS FXM SERIES W/131N BLK EXT (334/P+) (SOUTHERN CALIFORNIA) 1 8025050037 BATTERY CABLE CONNECTOR (BATTERY SIDE ONLY) 1 8025095500 RBMS; CONTROLLER, SENSOR INT CABLES, (1) CAT5E CBLS, (4) BS3B-12-4-EQ SENSORS (4 BATTERY SYSTEM) 4 8025040085 BATTERY ALPHACELL 240XTV (112AH / 75LB) 1 9780010000 ONSITE TURN -ON ASSISTANCE Terms: Freight Terms: Material Lead Time: 70 Net 30 FOB DstFrt PP&ADD See General Conditions below. for exceptions and changes to. freight and lead time policies 1 of 3 Subtotal Shipping Tax 10.10% Grand Total $5,717.61 $75.00 $577.48 $6,370.09 GENERAL CONDITIONS OF SALE All information contained within this quote is valid for 30 days from the date of the quotation. Thereafter, all prices and applicable charges are subject to change. The acceptance of this quotation implies the acceptance of the following terms and conditions which cannot be varied or waived except by express written authorization by a Western Systems representative. These terms govern the sale of goods and services supplied by Western Systems. Differing terms from Buyer in any purchase order or written communication shall not be binding on Western Systems." Purchase Order: All purchases require a formal purchase order. Emails or verbal communication does not constitute an acceptable purchase order. Delivery: Material lead time date is based after the release of the order. During the Covid-19 outbreak, Western Systems lead time dates will be estimates based on our best information available. Clarification on Shipping During Covid-19; FOB Destination and FOB Destination, Prepay & Add terms as quoted imply that the customer will be available to receive material deliveries. Any repeated delivery attempts, trucking reroutes, en route cancellations or product factory returns which incur additional shipping costs shall be billed to the customer will be passed onto the purchaser. Taxes/Fees: Unless current resale certificate is on file with Western Systems, purchaser shall be responsible for all, tariffs, duties or sales or use taxes in addition to the quoted prices herein. Any tax listed is an estimate only. Payment Terms: Payment terms are based on approval of credit. If credit is approved, terms are Net 30 days. Western Systems imposes a surcharge of 2% on the transaction amounts when paying with a Visa or MasterCard. We are unable to accept other credit cards for payment options. All prices are quotes in USD funds. Non -Payment Penalties: If payment has not been received within terms, the purchaser will be considered in default. Western Systems will be entitled, withou t prejudice to our other rights, without serving notice of default, to charge the purchaser for all costs incurred such as administration, storage, legal advice etc. The unpaid portion of any amount due to Western Systems will bear interest at the rate of 1.5% per month simple interest. Western Systems reserves the righ t to hold goods until customer balances their account. Western Systems will not be subject to any project retainage of any kind. Material purchases are due and payable upon receipt. Unpaid balances will be subje ct to Non -Payment Penalties. Collections: Upon Buyer default of these terms, Western Systems may, in addition to any other rights or remedies at contract or law, declare the entire balance of Buyer's account immediately due and payable. If unpaid balance is referred for collections, Buyer agrees to pay Western Systems, to the extent permitted by law, reasonable attorney fees in addition to all damages otherwise available, plus any court costs or expenses incurred by Western Systems, plus any finance charges accrued on any unpaid balance owed by Purchaser. Deferment or Cancellation Policy: Order deferment or cancellation once materials have been released will be subject to cancellation and/or restocking fees. Documentation: Any operational documentation supplied as a part of this quotation remains the property of Western Systems and may not be copied, reprod uced, transmitted, or communicated to 3rd parties without the express written consent of Western Systems. On -Site Services: On-site services such as signal or video system turn -on support shall be scheduled three weeks in advance. If services need to be cancelled or postponed, any non -reimbursable travel expenses will be billed to purchaser. This quotation does not provide nor imply any on-site support services unless mentioned specifically herein. If on-site support services are required, and not included as part of this proposed scope of work, please contact Western Systems for a revised quotation. Warranty: Standard one-year warranty on material goods manufactured or supplied by Western Systems from the date of manufacturers factory shipment, un less superseded by an additional manufacturer's warranty, provided such goods are maintained and operated in accordance with manufacturers standard met hod of operation. For additional information on Western Systems warranty, please send an email to info@westernsystems-inc.com. Return and Restocking Policy: Western Systems will be the sole source in determining whether any item is eligible for return. To be eligible the item(s) must be standard product models, new and unused, in the original packaging, and invoiced within the last 90 days. Restocking fees are applied to all returns and c an vary between 20-50% based on annual sales activity. In no case will Western Systems be obligated to take returns for materials, including items that are o bsolete, custom orders, or past the 90 -day invoice period. Delivery Inspection: All materials deliveries must be inspected upon receipt from freight carrier. Any freight damages must be reported to the carrier at the ti me of receipt of goods. Any materials shortages or inaccuracies in shipment must be reported to Western Systems within ten days receipt of goods. Thereafte r, any discrepancies will be considered incidental and the responsibility of the receiver. Force Majeure: Western Systems, Inc. shall in no event be responsible for delays in performance due to actions beyond its reasonable control including with out limitation acts of God, strikes, labor shortage or disturbance, fire, accident, war, civil disturbance, or carrier delays. 2 of 3 71 Western Systems, Inc. accepts no liability for errors or omissions or the accuracy or the completeness of this quotation. It has been prepared to the best of ou r knowledge per plans, specifications, documentation, and communications provided but we do not guarantee these to be accurate or of the latest revision. D etermination of accuracy of this quotation and final quantities are the sole responsibility of recipient. Western Systems, Inc. shall in no event be liable for any s pecial, consequential, incidental, or liquidated damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue, loss of profits or loss of goodwill), regardless of whether seller (a) has been informed of the possibility of such damages or (b) is negligent. 72 3 of 3 Transportation & Infrastructure Services Committee Minutes January 17, 2023 Items for follow-up: Provide more information on criteria and seek feedback on why application was rejected in 2022. Committee Recommendation Return to Committee. E. Consultant Agreement: 2023 Annual Overlay Program Staff is seeking Council approval of an agreement with KPG, Inc. in the amount of $149,824.00 for design of the 2023 program. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. F. 2022 Overlay & Repair Program Furnishing Signal Items Staff is seeking Council approval to purchase pedestrian push button assemblies, video *detection cameras, and traffic controller cabinet in the amount of $99,914.00 to replenish inventory. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. Miscellaneous Councilmember Kruller mentioned community concerns about the pedestrian dangers of the S. 144th St bridge over 1-5. Staff announced that funding has been awarded for design and this will be scheduled for a future committee meeting. The meeting adjourned at 6:48 p.m. MA Committee Chair Approval Minutes by LH 73 74 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 01/23/23 JR ITEM INFORMATION ITEM NO. Spec 2.E. 75 STAFF SPONSOR: JOSH HARTLEY ORIGINAL AGENDA DATE: 01/23/23 AGENDA ITEM TITLE 2023 Design Annual Overlay Program - Engineering Services Contract Consultant Selection and Agreement CATEGORY ❑ Discussion Mtg Date Motion Date 01/23/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council Mayor HR DCD Finance Fire TS P&R ❑Police PIF Court SPONSOR'S The Annual Overlay Program is intended to preserve and maintain the street structure in a SUMMARY safe and useable state by resurfacing before failure, which also minimizes costs. KPG Psomas has been selected for the construction management phase because of their outstanding performance and knowledge. Council is being asked to approve a new contract for KPG Psomas on the 2023 Annual Overlay Program in the amount of $149,824.00. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 01/17/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $149824.00 $150,000.00 $0.00 Fund Source: Comments: 2023 CIP Pages 12 MTG. DATE RECORD OF COUNCIL ACTION 01/23/23 MTG. DATE ATTACHMENTS 01/23/23 Informational Memorandum dated 01/13/23 2023 CIP page 12 KPG 2023 Overlay Consultant Contract 2023 Overlay Segments Map Minutes from Transportation and Infrastructure Committee meeting of 01/17/23 75 76 City of Tukwila Allan Ekberg, Mayor Public Works Deportment - Harr' Pon ekonti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Josh Hartley, Public Works Deputy Director Transportation CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: 2023 Annual Overlay Program - Engineering Services Contract Project No. 80010401 Design Consultant Selection and Agreement ISSUE Execute a contract with KPG, INC. (KPG) to provide design services for the 2023 Overlay and Repair program. BACKGROUND Every year, Public Works issues a construction project to grind and overlay several blocks of roadways in the City of Tukwila. The annual overlay program is intended to preserve and maintain the street structure in a safe and useable state by resurfacing before failure, which also minimizes costs. Before work can commence, an engineer of record is required to prepare, design, and manage construction of the project. KPG provides a unique blend of knowledge and understanding of the City's overlay program that provides efficiency and benefits which cannot be matched at this time by any other firm. KPG has also performed very well in providing construction management services. DISCUSSION KPG has provided a contract, scope of work, and fee estimate to complete the design of the 2023 Overlay and Repair Program and advertise for construction bids. Preliminary locations for 2023 Overlay are shown on the attached vicinity map. The final selections will be made after the design cost estimates have been completed. Specific roadway segments are based on a number of factors, including but not limited to, Pavement Condition Index which accounts for the condition of the pavement surface distress, roughness, and structural conditions, community complaints, and street classification. Roadways that do not make it into the 2023 program will be designed to a minimum of 30% design to submit grant applications for additional funding in subsequent years. Roadways will also be transferred to the 2024 program if they are not constructed this year. FINANCIAL IMPACT 2023 Design Contract KPG Contract $149,824.00 2023 Overlay Design Budget $150,000.00 RECOMMENDATION Council is being asked to approve a new contract for KPG on the 2023 Annual Overlay Program in the amount of $149,824.00 and consider this item on the Consent Agenda at the January 23, 2023 Special Council Meeting. ATTACHMENTS: 2023 CIP page 12 KPG 2023 Overlay Consultant Contract 2023 Overlay Segments Map 77 78 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Overlay and Repair Program Project No. 80010401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 316 150 150 150 150 150 150 150 150 1,516 Land (R/W) 0 Const. Mgmt. 43 200 200 200 200 200 200 200 200 1,643 Construction 970 1,050 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,820 TOTAL EXPENSES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Solid Waste Utility Tax 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 TOTAL SOURCES 1,329 1,400 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,979 2023 - 2028 Capital Improvement Program 79 80 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG Psomas Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering design and construction support services in connection with the 2023 Tukwila Overlay Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2023, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2023 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $149,824.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 81 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 82 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 83 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG Psomas Inc., 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 84 Page 4 DATED this day of , 20 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor By: Printed Name: Nelson Davis Title: Vice President Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 85 86 EXHIBIT A City of Tukwila 2023 Overlay Program Scope of Work December 16, 2022 The Consultant shall prepare final Plans, Specifications and Estimates for the 2023 Overlay Program. It is anticipated five to six sites will be included in the final Plans Specifications, and Estimates. Specific projects will be determined from the following list of candidate streets: 1. Interurban: EMW — 42nd 2. S 147th St: 58th — 59th 3. 51St Ave S: 137th — 139th 4. S 139th St 53rd — 55th 5. S 137th St: 52nd — 53rd 6. 32nd Ave S: 130th — 135th 7. 33rd Ave S: End — 130th 8. Southcenter Parkway: Stander Blvd — Minkler Blvd (Previously Designed to 30%) 9. S 140th St: City Limits — 35th Ave S (Previously Designed to 30%) 10. 35th Ave S: S 140th St — S 142nd PI (Previously Designed to 30%) 11. S 142nd PI: 35th Ave S — 37th Ave S (Previously Designed to 30%) 12. 37th Ave S: S 140th St — S 144th St (Previously Designed to 30%) Preliminary Design Segments include: 1. Ryan Way: Martin Luther King Blvd — 51st Ave S 2. 46th Ave S: S 144th St - S 148th St The 2023 Overlay Program will be bid as a single bid package as budget allows. Projects may be re -prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 30% design to verify the final project list to be included in the 2023 Overlay Program. The Consultant shall utilize the data collection and analysis provided by Infrastructure Management Service (IMS) to identify additional roadway segments to be included in the design and construction of the 2023 Overlay Program. City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 1 of 5 December 2023 87 The City of Tukwila may require other services of the consultant. These services could include additional design, MEF documentation, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. Assumptions for the 2023 Overlay Program Bid Package • Roadway and utility casting mapping will be based on aerial photography, GIS, and field reviews by the Consultant. Topographic field survey may be required for ADA ramp and sidewalk improvements and will be performed by the Consultant as required. A budget of two field days has been accounted for. • Alignments are based off of existing ROW GIS established by the City's GIS mapping. • Typically, only surface utilities requiring adjustment to grade will be shown. • Underground utilities are not shown, unless provided by GIS mapping. • Utility structures inside roadway prism will be shown, but franchise utility structures outside of roadway prism may not be shown • No franchise utility upgrades are anticipated in the project design. • Lane widths and channelization types shall be replaced in kind unless otherwise decided upon in collaboration with the City. • Driveways along the overlay corridor where there may be a gap in pavement will be filled in with asphalt. Driveways that are disturbed will be restored with like pavement. • It is assumed there will be approximately thirty (30) plan sheets at 1"=20' scale full size (22" X 34"), 1"=40' at reduced scale (11" X 17"). • Drainage & Water Quality Reports will not be required. • Environmental Documentation will not be required. • Geotechnical exploration and/or investigation will not be required. • Maximum Extent Feasible Documentation is not included in this scope of work • Consultant shall not be responsible for printing and supplying City or Contractor with hard copies of plans and specifications at interim submittals or contract award. • Traffic Control Plans are not included with this scope of work. Deliverables • Meeting notes during selection process • 30% review submittal with Plans and Estimate (electronic copies) • 90% review submittal with Plans, Specifications, and Estimate (electronic copies) City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 2 of 5 December 2023 88 • Routing of 30% and 90% Plans to utilities for review and comment. • Bid Documents and Engineer's Estimate for 2023 Overlay Program. • Coordinate upload of Plans and Specifications to Builders Exchange. • Bid Analysis and recommendation for award letter. • Preconstruction Meeting Attendance. SCOPE OF WORK TASK 1— Project Management 1.1 The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 6 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (6) meetings. • The Consultant shall provide monthly status reports and billings. • The Consultant shall provide independent QA/QC reviews by senior in-house staff of all deliverables prior to submittal to the City. TASK 2 — Preliminary Design 2.1 The Consultant shall prepare base maps for the initial seven roadway segments identified above. The basemaps shall be created utilizing field measurements, available record drawings, City GIS data, and aerial photography. Base maps, 30% design, and cost opinion for the latter five roadway segments were prepared previously. 2.2 The Consultant shall prepare 30% Plans for each of the seven new roadway segments. Previously prepared segments will be included in the 30% submittal. The 30% proposed improvements including the following: • Plans shall be prepared with such provisions to produce a detailed engineer's estimate. • Topographic survey will not be utilized for 30% design. ADA ramp surveys will be provided during final design for selected roadway segments. • Typical sections and details will be prepared for items not available as standard details from the City or WSDOT standard drawings. • Plans will not include ADA curb ramp grading • The plans shall illustrate limits of construction and removals, utility adjustments, surfacing depths and applicable channelization and signing City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 3 of 5 December 2023 89 • The Consultant shall perform one site walkthrough to determine extent of roadway improvements / resurfacing 2.3 The Consultant shall calculate quantities and prepare a Preliminary Engineers Estimate of Probable Construction Cost for each of the twelve roadway segments. Up to five roadway segments will be prioritized in collaboration with the City based on available budget and other considerations. 2.4 The Consultant shall distribute 30% review submittals to franchise utility owners for adjustments within the Project limits. 2.5 The Consultant shall prepare preliminary designs to be printed on aerial scroll plots for the preliminary design segments identified below to inform budget needs that may be needed for future grant pursuits. Preliminary designs will include the following: • Plan view layout of roadway, sidewalk, and multimodal improvements • Surface utility conflict identification • Underground utility considerations will not be included • ROW, utility, and existing improvements will be based on City GIS information and aerial imagery. Deliverables • 30% Plans • 30% Cost Estimate for each candidate segment • Preliminary design and budget estimate for two roadway segments • Selection of up to six segments for Final Design and Advertisement TASK 3 — Final Design 3.1 The Consultant shall prepare 90%, and Final Plans for up to six roadway segments selected in Task 2 based on available budget. The proposed improvements including the following: • Plans shall be prepared with such provisions in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and per industry standards. • Topographic survey will be utilized only at ADA ramp locations where field conditions require it to meet ADA compliance. City of Tukwila 2023 Overlay Program Page 4 of 5 90 KPG Psomas Inc December 2023 • Typical sections and details will be prepared for items not available as standard details from the City or WSDOT standard drawings. • Plans will identify curb ramp replacement limits and pedestrian push button modifications in accordance with ADA requirements. • The plans shall illustrate complete details of construction of the proposed improvements including limits of construction and removals, utility adjustments, surfacing depths and details, and applicable channelization and signing for the segments selected for final design. • The Consultant shall perform site walkthroughs with the City maintenance staff to determine extent of roadway improvements / resurfacing (Estimate 2 meetings) and to prioritize candidate streets within the available budget. • Pavement sections will be determined through consultation with the City's maintenance staff and previous experience. No geotechnical investigations are anticipated. 3.2 The Consultant shall calculate quantities and prepare Engineers Estimate of Probable Construction Cost for in preparation for the bid documents and proposal as well as a site by site cost estimate for each review submittal and the Bid Documents. 3.3 The Consultant shall prepare the Contract Specification per 2023 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents. 3.4 The Consultant shall distribute 90% review submittals to franchise utility owners for adjustments within the Project limits. Deliverables • 90% & Final Plans for up to six roadway segments • 90% & Final Cost Estimate for up to six roadway segments • 90% & Final Contract documents including Project Special Provisions TASK 4 — Bid Period Services 4.1 The Consultant shall assist the City with Project Advertisement and Award by uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation, and recommendation for award. City of Tukwila KPG Psomas Inc 2023 Overlay Program Page 5 of 5 December 2023 91 92 KPG EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client: City of Tukwila Project: 2023 Overlay Program KPG Psomas Inc. Project Number: 9TUK010400 DATE: 12/16/2022 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Principal Engineering Manager Senior Engineer Project Engineer II Project Engineer I Design Engineer Engineering Technician Survey Manager Survey Crew I (W/Equip) Project Surveyor Surveyor III Senior CAD Technician CAD Technician Business Manager L 2 'E via Office Admin 285 251 215 175 149 133 114 251 205 164 137 138 124 178 133 103 Hours Fee Task 1 Project Management 1.1 Project Management 2 36 8 8 4 58 $ 9,770.00 Task Total 2 0 0 36 0 0 0 0 0 0 0 0 0 8 8 4 58 $ 9,770.00 Task 2 Preliminary Design 2.1 Prepare 30% Basemap 4 60 20 16 100 $ 14,124.00 2.2 Prepare 30% Plans 20 12 36 24 20 24 24 160 $ 23,524.00 2.3 Preapare 30% Cost Estimate 8 12 16 12 12 60 $ 9,168.00 2.4 Utility Coordination 12 8 4 24 $ 3,824.00 2.5 Preliminary Design 2 8 12 4 26 $ 4,214.00 Task Total 2 0 28 48 132 60 52 0 0 0 0 24 24 0 0 0 370 $ 54,854.00 Task 3 Final Design 3.1 Preapre 90% & Final Plans 4 16 24 80 36 20 8 16 8 16 228 $ 36,424.00 3.2 Preapre 90% & Final Cost Estimates 4 8 20 40 36 20 128 $ 19,252.00 3.3 Prepare 90% & Final Contract Documents 2 4 16 48 32 102 $ 18,182.00 3.4 Utility Coordination 8 20 8 4 40 $ 6,944.00 Task Total 2 12 48 112 160 76 40 8 16 8 16 0 0 0 0 0 498 $ 80,802.00 Task 4 Bid Period Services 4.1 Advertisement and Award Support 2 16 4 22 $ 3,898.00 Task Total 0 2 0 16 4 0 0 0 0 0 0 0 0 0 0 0 22 $ 3,898.00 Total Labor Hours and Fee 6 14 76 212 296 136 92 8 16 8 16 24 24 8 8 4 948 $ 149,324.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 500.00 Total Reimbursable Expense $ 500.00 Total Estimated Budget $ 149,824.00 94 • . S99. 100 R GOLF&AIN Rcou CLUB RY vir 51114 1 7y:kal `• CENTER ISA Mow i11 51IB St menrag.1 1=um= l®Emsi igNEVIIRM MIEN ROJIMINANti ti1111111,� 164 Si 54 S ST 149 ST 150 ST 5 49 our DENT 19. S152 Sr - 515 a rimer Sr 5,6951 PREVIOUSLY DESIGNED SEGMENTS (30% LEVEL) 2023 PRELIMINARY DESIGN SEGMENTS 2023 PROGRAM CANDIDATE SEGMENTS CITY OF TU <WILA 2023 OVERLAY PROGRAM ROADWAY SEGMENTS 95 96 Transportation & Infrastructure Services Committee Minutes January 17, 2023 Items for follow-up: Provide more information on criteria and seek feedback on why application was rejected in 2022. Committee Recommendation Return to Committee. E. Consultant Agreement: 2023 Annual Overlay Program Staff is seeking Council approval of an agreement with KPG, Inc. in the amount of $149,824.00 for design of the 2023 program. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. F. 2022 Overlay & Repair Program Furnishing Signal Items Staff is seeking Council approval to purchase pedestrian push button assemblies, video detection cameras, and traffic controller cabinet in the amount of $99,914.00 to replenish inventory. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. Miscellaneous Councilmember Kruller mentioned community concerns about the pedestrian dangers of the S. 144th St bridge over 1-5. Staff announced that funding has been awarded for design and this will be scheduled for a future committee meeting. The meeting adjourned at 6:48 p.m. MA Committee Chair Approval Minutes by LH 97 98 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 01/23/23 JR ITEM INFORMATION ITEM NO. Spec 2.F. 99 STAFF SPONSOR: BRITTANY ROBINSON ORIGINAL AGENDA DATE: 01/23/23 AGENDA ITEM TITLE 42nd TIB Active Ave S Raised Crosswalk Project Transportation Program Grant Award CATEGORY ❑ Discussion Mtg Date Motion Date 01/23/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council Mayor HR DCD Finance ❑Fire TS P&R ❑Police PIF Court SPONSOR'S The City recently received notification that it was awarded Active Transportation Program SUMMARY funding for both design and construction of the 42nd Ave S Raised Crosswalk Project. The program funds are necessary to improve safety, calm traffic, and enhance pedestrian mobility which are safety concerns on 42nd Ave S. Council is being asked to formally accept the Transportation Improvement Board Active Transportation Program Grant award in the amount of $175,000 for the 42nd Ave S Raised Crosswalk Project. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 01/17/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to the Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $175,000 $0.00 $0.00 Fund Source: GRANT AWARD, CITY MATCH Comments: 2023 CIP Page 2 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/23/23 Informational Memorandum dated 01/13/23 2023 CIP Page 2 Grant Award Minutes from Transportation and Infrastructure Committee meeting of 01/17/23 99 100 City of Tukwila Allan Ekberg, Mayor Public Work5 Department - HQri Porrnekwrrti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Brittany Robinson, Grant Analyst CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: 42nd Ave S Raised Crosswalk Project Project No. 92210301 TIB Active Transportation Program Grant Award ISSUE Accept a Transportation Improvement Board (TIB) Active Transportation Program Grant award for the 42' Ave S Raised Crosswalk Project. BACKGROUND As part of the 2022 Neighborhood Traffic Calming Program, a Transportation Study was conducted in Allentown to evaluate existing conditions, vehicle volumes and speeds, signage, and five years of historical crash data. The study recommends a comprehensive approach to a variety of improvements to potentially improve safety, calm traffic, and enhance pedestrian mobility. Safety concerns on 42nd Ave S were identified by the community, particularly related to pedestrians crossing 42nd Ave S at the S 119th street pedestrian bridge. The project will include a raised crosswalk, curb bulb outs, and Rectangular Rapid Flashing Beacon (RRFB) on 42nd Ave S by the S 119th Street pedestrian bridge DISCUSSION In August 2022, Council approved staff to apply for TIB Active Transportation Program funding. The Active Transportation Program provides funding to improve pedestrian and cyclist safety, enhanced pedestrian and cyclist mobility and connectivity, or improve the condition of existing facilities. The City recently received notification that it was awarded Active Transportation Program funding for both design and construction of the 42nd Ave S Raised Crosswalk Project. FINANCIAL IMPACT The City has been awarded $175,000 from TIB's Active Transportation Program, which requires a local match of $75,000. The 2023 CIP has $75,000 in City funds budgeted to this project, which is sufficient to cover the match requirement. Project Cost Estimate Grant Request $175,000 City Match 75,000 Total $250,000 RECOMMENDATION Council is being asked to formally accept the Transportation Improvement Board Active Transportation Program Grant award in the amount of $175,000 for the 42nd Ave S Raised Crosswalk Project and consider this item on the Consent Agenda at the January 23, 2022 Special Council Meeting. Attachment: 2023 CIP page 2 Grant Award 101 102 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAI NT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 S 119th St Bridge/ 42nd Ave S Raised Crosswalk and RRFB Project No. 92210301 Install raised crosswalk, curb bulbs, and a Rectangular Rapid Flashing Beacon on 42nd Ave S at the intersection of the S 119th street pedestrian bridge. Enhance safety for pedestrians crossing at S 119th Street/42nd Ave S and encourages transportation choices for the neighborhood. New crosswalk and pedestrian flashing beacon will need to be maintained. Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycle safety. Grants submitted to WSDOT and TIB for 2023/2024 funding. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 30 30 Land (R/W) 0 Const. Mgmt. 35 35 Construction 185 185 TOTAL EXPENSES 0 0 250 0 0 0 0 0 0 250 FUND SOURCES Proposed Grant 175 175 Awarded Grant 0 Mitigation Expected 0 103 Fund Balance 0 0 75 0 0 0 0 0 0 75 TOTAL SOURCES 0 0 250 0 0 0 0 0 0 250 2023 - 2028 Capital Improvement Program 3 103 104 Washington State Transportation Improvement Board TIB Members Chair Mayor Glenn Johnson City of Pullman Vice Chair Councilmember Sam Low Snohomish County Amy Asher Mason Transit Authority Aaron Butters, PE HW Lochner Inc. Susan Carter Hopelink Kent Cash, PE Port of Vancouver Barbara Chamberlain WSDOT Elizabeth Chamberlain City of Walla Walla Dongho Chang, PE WSDOT Scott Chesney Spokane County Vicky Clarke Cascade Bicycle Club/Washington Bikes Mike Dahlem, PE City of Sumner Commissioner Al French Spokane County Councilmember Hilda Guzman City of Granger Commissioner Scott Hutsell Lincoln County Les Reardanz Whatcom Transportation Authority Peter Rogalsky, PE City of Richland Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management Jennifer Walker Thurston County Jane Wall County Road Administration Board Ashley Probart Executive Director P.O. Box 40901 Olympia, WA 98504-0901 Phone: 360-586-1140 Fax: 360-5864165 www.tib.wa.gov December 02, 2022 Mr. Hari Ponnekanti, P.E. Public Works Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188-2544 Dear Mr. Ponnekanti: Congratulations! We are pleased to announce the selection of your project, S 119th Street Crossing, 42nd Ave S Crossing, TIB project number P -P -116(P02)-1. TIB is awarding 72.7651 % of approved eligible project costs with a maximum grant of $175,000. Before any work is permitted on this project, you must complete the following: • Verify the information on the attached Project Funding Status Form and, revise if necessary. Print, sign and email a scanned copy; • Submit the section of your adopted Six Year Transportation Improvement Plan listing this project; • Sign, scan and email one copy of the Fuel Tax Grant Distribution Agreement; and • Return the above items to TIB; You may only incur reimbursable expenses after you receive approval from TIB. In accordance with RCW 47.26.084, you must certify full funding by December 2, 2023 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479-05-211. If you have questions, please contact Greg Armstrong, TIB Project Engineer, at GregA@TIB.wa.gov. Sincerely, Avidg 1346.4t-• Ashley Probart Executive Director Enclosures Investing in your local community 105 106 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement City of Tukwila P -P -116(P02)-1 S 119th Street Crossing 42nd Ave S Crossing STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Tukwila AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement") for the S 119th Street Crossing, 42nd Ave S Crossing (hereinafter "Project") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB") and City of Tukwila, a political subdivision of the State of Washington (hereinafter "RECIPIENT"). 1.0 PURPOSE For the project specified above, TIB shall pay 72.7651 percent of approved eligible project costs up to the amount of $175,000, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as Fuel Tax Agreement Page 1 of 5 November 2012 107 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 108 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. c) After investigation TIB confirms RECIPIENT'S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. Fuel Tax Agreement Page 3 of 5 November 2012 109 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 110 Washington State Transportation Improvement Board P -P -116(P02)-1 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 111 112 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 17, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams CouncilmembersPresent: Mohamed Abdi, Acting Chair; Kate Kruller Staff Present: David Cline, Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Seong Kim, Cody Lee Gray, Mike Ronda, Bryan Still, Joshua Hartley, Cyndy Knighton Guests: Laura Maman, Miller Hiyashi Architects; John Palewicz, PMQA Consultant; Justine Kim, Shiels Obletz Johnsen Acting Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Public Works Campus Phase 2 Update Staff presented the update, focusing on comparative cost estimates for adapting the existing building versus new construction. Items for follow-up: Provide more information comparing the required upgrades on the UPS building to improvements performed on the Fleet & Facilities Building. Committee Recommendation Discussion only. B. Grant Award: 42nd Avenue South Raised Crosswalk Project Staff is seeking Council approval to accept a Transportation Improvement Board Active *Transportation Program grant in the amount of $175,000 for the project. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. C. Grant Award: Nelsen Side Channel Project Staff is seeking Council approval to accept a Recreation and Conservation Salmon Recovery Fund Board grant in the amount of $100,000 for the project. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. D. Grant Application: Strander Boulevard Extension Phase 3 Project Staff is seeking direction on whether to reapply to the Rebuilding American Infrastructure with Sustainability & Equity grant program for this project. 113 114 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 01/23/23 JR ITEM INFORMATION ITEM NO. Spec 2.G. 115 STAFF SPONSOR: BRITTANY ROBINSON ORIGINAL AGENDA DATE: 01/23/23 AGENDA ITEM TITLE Surface Recreation Water Fund — Nelsen Side Channel and Conservation Office Salmon Recovery Fund Board Grant Award CATEGORY ❑ Discussion Mtg Date Motion Date 01/23/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council Mayor HR DCD Finance ❑Fire ❑TV P&R ❑Police PIF Court SPONSOR'S The City received notification that it was awarded $100,000 from the RCO SRFB, which SUMMARY requires a local match. The City also received $250,000 in grant funding from King County's Open Spaces River Corridors, which can act as match for this grant. The SRFB program funds are necessary to achieve overall salmon recovery. Council is being asked to formally accept the Recreation and Conservation Office SRFB grant award in the amount of $100,000 for the Nelsen Side Channel project. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 01/17/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to the Special Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,000 $0.00 $0.00 Fund Source: GRANT AWARD, CITY MATCH Comments: 2023 CIP Page 83 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/23/23 Informational Memorandum dated 01/13/23 2023 CIP Page 83 Grant Agreement Minutes from Transportation and Infrastructure Committee meeting of 01/17/23 115 116 City of Tukwila Alcan Ekberg, Mayor Prlbk Works Department - Harr Parrnekantr, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Brittany Robinson, Public Works Grant Analyst CC: Mayor Ekberg DATE: January 13, 2023 SUBJECT: Surface Water Fund — Nelsen Side Channel Project No. 91641203 Recreation and Conservation Office Salmon Recovery Fund Board Grant Award ISSUE Accept a Recreation and Conservation Office (RCO) Salmon Recovery Fund Board (SRFB) grant award to fund the Nelsen Side Channel project. BACKGROUND The Nelsen side channel is a remnant section of the Green River as it existed prior to the construction of the 1-405 in the 1960s. The remnant channel is separated from the mainstem of the river by a constructed levee but offers potential as off -channel rearing habitat for threatened Puget Sound Chinook salmon and other aquatic species. This project will set the levee back to create a ±1.2 -acre side channel, restore an acre of riparian forest, provide additional flood storage, and provide public access to the river. Currently, there is a concept design in place for this project and property transfer arrangements are underway between the City, WDNR and WSDOT. DISCUSSION In December 2021, Council approved staff to apply for RCO funding. The SRFB program funds elements necessary to achieve overall salmon recovery, including habitat projects and other activities that result in sustainable and measurable benefits for salmon and other fish species. The City recently received notification that it was awarded an SRFB grant award to fund Nelsen Side Channel project design and permitting. FISCAL IMPACT The City has been awarded $100,000 from the RCO SRFB, which requires a local match of $17,750. The City also received $250,000 in grant funding from King County's Open Spaces River Corridors, which can act as match for this grant. Grant Award Fund Source Budget SRFB Grant $ 100,000 KC OSRC Grant $250,000 Required Match 17,750 Total $ 117,750 RECOMMENDATION Council is being asked to formally accept the Recreation and Conservation Office SRFB grant award in the amount of $100,000 for the Nelsen Side Channel project and consider this item on the Consent Agenda at the January 23, 2022 Special Council Meeting. Attachments: 2023 CIP Page 83 Grant Agreement 117 118 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Nelsen Salmon Habitat Side Channel Project No. 91641203 DESCRIPTION: Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river channel with the Green River. JUSTIFICATION: WRIA 9 has identified this project a proposed action in the Salmon Habitat Plan. The project area is primarily within State lands, but the intent is to transfer to City. The project may take place STATUS: under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to Floodplains in 2020 with a low probability of success. MAINT. IMPACT: Expected to increase maintenance COMMENT: Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES 5,2:-, \ f Project Location , rim so rJ 'NIIn ANN , Design 50 300 300 Mill X11 650 Land (R/W) 5 300 305 Monitoring L'j'44.Db, rn .t , fn N 6 m �, �� 0 Const. Mgmt. UV AM St N 1 385 n 47 St �+ 76x7 385 Construction Ip a i. 1,440 ji S156 \�` 1,440 TOTAL EXPENSES 0 55 600 300 1,825 0 0 0 0 2,780 FUND SOURCES Awarded Grant 50 150 150 350 Proposed Grant 300 100 1,232 1,632 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 5 150 50 593 0 0 0 0 798 TOTAL SOURCES 0 55 600 300 1,825 0 0 0 0 2,780 2023 - 2028 Capital Improvement Program 119 5,2:-, \ f Project Location , rim so rJ 'NIIn ANN , 111 Mill X11 i o s ►l& ' L'j'44.Db, rn .t , fn N 6 m �, �� UV AM St N 1 n n 47 St �+ 76x7 Y� Ip a i. ji S156 \�` ' kol `rhOe�f ±=j V tS`L akc'Nit _ ■ 441 141i 5 tinfmui lii 2023 - 2028 Capital Improvement Program 119 120 .'.A$HINGTO^J STATE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 PARTIES OF THE AGREEMENT This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between the State of Washington by and through the Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Tukwila (Sponsor, and primary Sponsor), 6200 Southcenter Blvd, Tukwila, WA 98188, and shall be binding on the agents and all persons acting by or through the parties. The Sponsor's Unique Entity ID (UEID) Number is UEQNMC26C8T3. All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that expressly apply only to the primary Sponsor. Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on file with the RCO), the identified Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project identified above, including but not limited to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this Agreement on behalf of the Sponsor(s), including indemnification, as provided therein, (3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided, the RCO shall proceed on the basis that the person who is listed as the Authorized Representative in the last Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement (including any amendments thereto) and decisions related to implementation of the Agreement. B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally bind the Sponsor as described in the above Sections. For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT REIMBURSEMENTS Section). PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO). DESCRIPTION OF PROJECT The City of Tukwila proposes to complete preliminary design and apply for permits for the Nelsen Side Channel restoration on the Lower Green River. The future restoration project will create about one acre of rare off -channel rearing habitat and restore another acre of riparian forest by setting back a levee and reconnecting the river with its historic channel to benefit threatened juvenile Chinook salmon and other salmonids. The design will include off -channel habitat to provide forage opportunities and refugia during the high flows of the early out -migration period: planting plan for the riparian and upland areas surrounding the side channel, and along the mainstem of the Green River, restoring ecological function and providing critically needed shade; large wood placement to provide food sources, wood recruitment and refuge for juvenile Chinook. This proposal is integrated with the work of the City's non-profit partner, DirtCorps, who is restoring nearly an acre of shoreline upstream from the side channel. The Nelsen Side Channel Project is among the projects listed in WRIA 9's Salmon Habitat Plan 2021 update. PERIOD OF PERFORMANCE The period of performance begins on September 22, 2022 (project start date) and ends on September 30, 2024 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO manuals as of the effective date of this Agreement. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the project end date. RCO: 22-1047 Revision Date: 9/15/2022 Pane 1 of 23 121 STANDARD TERMS AND CONDITIONS INCORPORATED The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference as part of this Agreement. LONG-TERM OBLIGATIONS For this planning project, the sponsor's on-going obligation shall be the same as the period of performance identified in the Period of Performance section. PROJECT FUNDING The total grant award provided for this project shall not exceed $100,000.00. The RCO shall not pay any amount beyond that approved for grant funding of the project and within the percentage as identified below. The Sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated below: SRFB - Salmon Federal Projects Project Sponsor Total Project Cost Percentage Dollar Amount Source of Funding 84.93% 15.07% $100,000.00 Federal $17,750.00 100.00% $117,750.00 FEDERAL FUND INFORMATION If federal funding information is included in this section, this project is funded by, matched by, and/or funded in part by the following federal award, or subaward: Federal Agency: US Dept of Commerce Assistance Listing Number and Name: 11.438 - PCSRF Federal Award Identification Number: NA22NMF4380227 Federal Fiscal Year: 2022 Federal Award Date: 07/19/2022 Total Federal Award: $23,280,000 Federal Award Project Description: FY2022 Pacific Coastal Salmon Recovery This funding is not research and development (R&D). If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal -year, the Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200 (as updated). The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. Sponsor shall comply with the federal "Omni -circular" (2 C.F.R. Part 200). RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope activities, the milestones report, progress reports, and the final report. Provided, to the extent that information contained in such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement" as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions. AMENDMENTS TO AGREEMENT Except as provided herein, no amendment (including without limitation, deletions) of this Agreement will be effective unless set forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need only be signed by RCO's director or designee and consented to in writing (including email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement (who may be a person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or 1 2k0: 22-1047 Revision Date: 9/15/2022 Page 2 of 23 minor scope adjustments. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on the RCO website in effect as of the effective date of the amendment, without limitation to the subject matter of the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless otherwise expressly stated in the amendment. For the purpose of this Agreement, WAC Title 420, SRFB policies shall apply as terms of this Agreement. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this Agreement: • Reimbursements - Manual 8 • Salmon Recovery Grants - Manual 18 SPECIAL CONDITIONS Special Condition #1: Cultural Resources -Survey Required. This agreement requires compliance with Executive Order 21-02. RCO has completed the initial consultation for this project and a cultural resources survey is required. The cultural resources survey must include documentation of any above or below ground archaeological resources as well as any possible historic structures or buildings that may be affected by the project. Archaeological monitoring of any proposed geotechnical borings, investigations, or test pits may be included as part of the cultural resources survey. The Sponsor must submit the results of the cultural resources survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting ground disturbing activities, work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in this agreement. All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and Historic Preservation. Special Condition #2: Include explicit evaluation of sedimentation and thermal mixing as part of the Appendix D-1 feasibility study/conceptual design. SPECIAL CONDITION #3: On September 22, 2022, the SRFB approved the Salmon Recovery Funding lists which included this partially funded project. The WRIA 9 Lead Entity awarded $100,000 Salmon Recovery funding (available in 2022) and $200,000 PSAR funding (available in 2023, depending on legislative appropriation). The sponsor match is reduced to $17,750 reflecting the minimum 15% share requirement. If full funding is secured in 2023, the PSAR funds will be amended into the project, and the match will be increased to $54,000. If full funding is not secured, the scope of work will be reduced to reflect what can be accomplished with 2022 funding plus 2022 match awarded. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or the email address listed below: RCO: 22-1047 Revision Date: 9/15/2022 123 Page 3 of 23 Sponsor Project Contact Mike Perfetti 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 Mike.Perfetti@TukwilaWA.gov RCO Contact Bridget Kaminski Outdoor Grants Manager PO Box 40917 Olympia, WA 98504-0917 bridget.kaminski@rco.wa.gov These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project Contact for purposes of notices and communications. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. EFFECTIVE DATE Unless otherwise provided for in this Agreement, this Agreement, for Project 22-1047, shall become effective and binding on the date signed by both the sponsor and the RCO's authorized representative, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant their authority to bind the parties to this Agreement. City of Tukwila By: Name (printed): Title: Date: State of Washington Recreation and Conservation Office On behalf of the Salmon Recovery Funding Board (SRFB or funding board) 2&0: 22-1047 By: Date: Megan Duffy Director Recreation and Conservation Office Pre -approved as to form: f By: t= Date: 09/15/2022 Assistant Attorney General Revision Date: 9/15/2022 Page 4 of 23 ti , '."ASIIINGTON STATE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 Eligible Scope Activities ELIGIBLE SCOPE ACTIVITIES Planning Metrics Worksite #1, Nelsen Side Channel Targeted salmonid ESU/DPS (A.23): Targeted species (non -ESU species): Area Encompassed (acres) (B.0.b.1): Miles of Stream and/or Shoreline Affected (B.0.b.2): Design for Salmon restoration Conceptual Design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (2457) (B.1.b.11.a): Priority in Recovery Plan (2458) (B.1.b.11.b): Preliminary design (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1220) (B.1.b.11.a): Priority in Recovery Plan (1222) (B.1.b.11.b): Final design and permitting (B.1.b.11.a RCO) Project Identified in a Plan or Watershed Assessment. (1221) (B.1.b.11.a): Priority in Recovery Plan (1223) (B.1.b.11.b): Cultural Resources Cultural resources Agency Indirect Costs Agency Indirect Chinook Salmon -Puget Sound ESU, Steelhead- Puget Sound DPS None 2.6 0.19 WRIA 9. (2021 Update). Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https://www.govlink.org/watersheds/9/plan- implementation/2021 %20PIan%20Update/7_Low er%20Green%20River%20Subwatershed. pdf Puget Sound Partnership's 2018-2022 Near Term Action Agenda WRIA 9 Habitat Plan- Chapter 7, Lower Green Watershed, Project LG -15, Tier 3 Puget Sound Partnerships - NTA # 2018-0717, Tier 4 WRIA 9. (2021 Update). Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan: Making Our Watershed Fit for a King. https://www.govlink.org/watersheds/9/plan- implementation/2021 %20PIan%20Update/7_Low er%20Green%20River%20Subwatershed. pdf Puget Sound Partnership's 2018-2022 Near Term Action Agenda WRIA 9 Habitat Plan- Chapter 7, Lower Green Watershed, Project LG -15, Tier 3 Puget Sound Partnerships - NTA # 2018-0717, Tier 4 None None RCO: 22-1047 Revision Date: 9/15/2022 Page 5 of 23 125 ., .SFIINGTOf: S.,:TE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 PROJECT MILESTONE REPORT Complete Milestone Project Milestones Target Date Comments/Description Project Start RFP Complete/Consultant Hired Progress Report Due Data Gathering Started Other Progress Report Due Annual Project Billing Due Cultural Resources Complete Preliminary Design to RCO Progress Report Due Applied for Permits Final Design to RCO Final Report Due Progress Report Due Agreement End Date Final Billing Due 1 09/22/2022 03/01/2023 03/15/2023 04/30/2023 06/30/2023 09/15/2023 09/22/2023 12/31/2023 Data Gathering Complete Cultural resources survey and historic structures documentation required prior to ground disturbance, may proceed concurrently with geotech/soils investigations, see special condition #1. 12/31/2023 As described in RCO Manual 18, App D-2 03/15/2024 05/30/2024 06/30/2024 As described in RCO Manual 18, App D-3 07/15/2024 This is the RCO final report in PRISM 09/15/2024 09/30/2024 Project Closing. All expenditures must be prior to this date. 12/31/2024 ,CO: 22-1047 Revision Date: 9/15/2022 Page 6 of 23 AS HIEJG10Ii i :.lE Recreation and Conservation Office Project Sponsor: Project Title: City of Tukwila Nelsen Side Channel RCO Grant Agreement Project Number: 22-1047P Approval Date: 09/22/2022 Standard Terms and Conditions of the Recreation and Conservation Office Table of Contents STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 8 CITATIONS, HEADINGS AND DEFINITIONS 8 PERFORMANCE BY THE SPONSOR 10 ASSIGNMENT 11 RESPONSIBILITY FOR PROJECT 11 INDEMNIFICATION 11 INDEPENDENT CAPACITY OF THE SPONSOR 12 CONFLICT OF INTEREST 12 COMPLIANCE WITH APPLICABLE LAW 12 ARCHAEOLOGICAL AND CULTURAL RESOURCES 13 RECORDS 14 PROJECT FUNDING 14 PROJECT REIMBURSEMENTS 14 RECOVERY OF PAYMENTS 15 COVENANT AGAINST CONTINGENT FEES 16 INCOME (AND FEES) AND USE OF INCOME 16 PROCUREMENT REQUIREMENTS 16 TREATMENT OF EQUIPMENT AND ASSETS 17 RIGHT OF INSPECTION 17 STEWARDSHIP AND MONITORING 17 ACKNOWLEDGMENT AND SIGNS 17 PROVISIONS FOR FEDERAL SUBAWARDS 18 PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 20 ORDER OF PRECEDENCE 20 LIMITATION OF AUTHORITY 20 WAIVER OF DEFAULT 20 APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH 20 SPECIFIC PERFORMANCE 21 TERMINATION AND SUSPENSION 21 DISPUTE HEARING 22 ATTORNEYS' FEES 22 GOVERNING LAW/VENUE 22 SEVERABILITY 22 END OF STANDARD TERMS AND CONDITIONS 23 RCO: 22-1047 Revision Date: 9/15/2022 Page 7 of 23 127 STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/20/2022. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement subject to any limitations on their effect under this Agreement. applicable manual(s), manual — A manual designated in this Agreement to apply as terms of this Agreement, subject (if applicable) to substitution of the "RCO director" for the term "board" in those manuals where the project is not approved by or funded by the referenced board, or a predecessor to the board. applicable WAC(s) — Designated chapters or provisions of the Washington Administrative Code that apply by their terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or "agency" in those cases where the RCO has contracted to or been delegated to administer the grant program in question. applicant — Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility requirements for the grant application or request for funds in question. application — The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds; this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. C.F.R. — Code of Federal Regulations completed project or project completion — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement. Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or sacred places. director — The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date — The date when the signatures of all parties to this agreement are present in the agreement. equipment — Tangible personal property (including information technology systems) having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level : 22-1047 Revision Date: 9/15/2022 Page 8 of 23 established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)). funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board. Or both as may apply. Funding Entity — the entity that approves the project that is the subject to this Agreement. grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category within a larger grant program, or a federal source. indirect cost — Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. 200 as updated). long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals and other exhibits as may apply. landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor. match or matching share — The portion of the total project cost provided by the Sponsor. milestone — An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. Office — Means the Recreation and Conservation Office or RCO. pass-through entity — A non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance — The period beginning on the project start date and ending on the project end date. planning project - A project that results in one or more of the following: 1) a study, a plan, assessment, project design, inventory, construction plans and specifications, and permits; or 2) a project that provides money to facilitate the work of an organization engaged in planning and coordination, or resource stewardship. pre -agreement cost — A project cost incurred before the period of performance. primary Sponsor — The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g. requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers, employees, agents and successors. project — The undertaking that is funded by this Agreement either in whole or in part with funds administered by RCO. project area — The area consistent with the geographic limits of the scope of work of the project and subject to project agreement requirements. For restoration projects, the project area must include the physical limits of the project's final site plans or final design plans. For acquisition projects, the project area must include the area described by the legal description of the properties acquired for or committed to the project. project completion or completed project — The status of a project when all of the following have occurred: • The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of work to implement the project have been completed satisfactorily. • A final project report is submitted to and accepted by RCO. • Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been delivered to the RCO. • A final reimbursement request has been delivered to and paid by RCO. • Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have been recorded (as may apply). project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded projects). RCO: 22-1047 Revision Date: 9/15/2022 Paoe 9 of 23 129 project end date — The specific date identified in the Agreement on which the period of performance ends, as may be changed by amendment. This date is not the end date for any long-term obligations. project start date — The specific date identified in the Agreement on which the period of performance starts. RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this Agreement. RCO includes the director and staff. RCW — Revised Code of Washington reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the Sponsor per the terms of the Agreement. renovation project — A project intended to improve an existing site or structure in order to increase its useful service life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for its originally expected useful service life. secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may be the fiscal agent for the project. Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement. Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and project. SRFB — Salmon Recovery Funding Board subaward — Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to another organization via this Agreement. Also, a subaward may be an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a federal or other program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying out a portion of a Federal award and creates a federal assistance relationship with the subrecipient (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in the Project Funding Section. subrecipient — Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other federal awards directly from a federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the Sponsor is the subrecipient. tribal consultation — Outreach, and consultation with one or more federally recognized tribes (or a partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will or may be significantly affected by the proposed project. This includes sharing with potentially -affected tribes the scope of work in the grant and potential impacts to natural areas, natural resources, and the built environment by the project. It also includes responding to any tribal request from such tribes and considering tribal recommendations for project implementation which may include not proceeding with parts of the project, altering the project concept and design, or relocating the project or not implementing the project, all of which RCO shall have the final approval of. useful service life — Period during which a built asset, equipment, or fixture is expected to be useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. WAC — Washington Administrative Code. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. `'RCO: 22-1047 Revision Date: 9/15/2022 Page 10 of 23 ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO. RESPONSIBILITY FOR PROJECT Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the project and all post -completion stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement. The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the project apparently is proceeding or has been completed as per the Agreement. INDEMNIFICATION The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection with this Agreement (including without limitation all work or activities thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Sponsor or the Sponsor's agents or employees, and (b) the State, or its employees or agents the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's negligence or its agents, or employees. As part of its obligations provided above, the Sponsor specifically assumes potential liability for actions brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by Sponsor's employees directly against Sponsor. Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of any tier shall require that the contracting entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor is solely donating its services to the project without compensation or other substantial consideration. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state government. RCO: 22-1047 Revision Date: 9/15/2022 131 Page 11 of 23 INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. COMPLIANCE WITH APPLICABLE LAW In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other applicable laws, the following laws: A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or instruction may be a minor use of the grant supported recreation and conservation land or facility. C. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. 1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to investigate a statement regarding prevailing wage provided by a contractor or subcontractor. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party 1 O: 22-1047 Revision Date: 9/15/2022 Page 12 of 23 that is on Washington State Department of Labor and Industries' "Debarred Contractor List." ARCHAEOLOGICAL AND CULTURAL RESOURCES A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as may apply. 1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and cultural resources responsibilities of such state or federal landowner or manager has been conducted. B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and cultural resources. C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the Sponsor Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery Plan, and: 1) Keep the IDP at the project site. 2) Make the IDP readily available to anyone working at the project site. 3) Discuss the IDP with staff and contractors working at the project site. 4) Implement the IDP when cultural resources or human remains are found at the project site. F. Discovery 1) If any archaeological or historic resources are found while conducting work under this Agreement, the Sponsor shall immediately stop work and notify RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any affected Tribe, and stop any activity that may cause further disturbance to the archeological or historic resources. 2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains. Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State provides a new notice to proceed. a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by RCO or the Department of Archaeology and Historic Preservation (DAHP). b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non -forensic. If the county medical examiner/coroner determines the remains are non -forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non- RCO: 22-1047 Revision Date: 9/15/2022 Page 13 of 23 133 Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. RECORDS A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded project site in a format specified by the RCO. B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. C. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200 (as updated), for projects that contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems the project complete as defined in the PROJECT REIMBURSEMENTS Section. D. Access to Records and Data. At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. E. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. PROJECT FUNDING A. Authority. This Agreement and funding is made available to Sponsor through the RCO. B. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a waiver of retroactivity or program specific eligible pre -Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre -Agreement costs before the federal award date in the FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. PROJECT REIMBURSEMENTS A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and �d allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only 1O: 22-1047 Revision Date: 9/15/2022 Page 14 of 23 after (1) this Agreement has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding reimbursement requirements. C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the Sponsor. D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the grant to the Sponsor until the following has occurred: 1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld. 2) On -'site signs are in place (if applicable); Any other required documents and media are complete and submitted to RCO;Grant related fiscal transactions are complete, and E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200 (as updated). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria: 1) Are verifiable from the non -Federal entity's (Sponsor's) records; 2) Are not included as contributions for any other Federal award; 3) Are necessary and reasonable for accomplishment of project or program objectives; 4) Are allowable under 2 C.F.R. Part 200 as updated; 5) Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6) Are provided for in the approved budget when required by the Federal awarding agency identified in the FEDERAL FUND INFORMATION Section of this Agreement; and 7) Conform to other provisions of 2 C.F.R. Part 200 (as updated) as applicable. F. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non -Federal entity (Sponsor) must: 1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity (RCO) may approve extensions when requested by the Sponsor. 2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non -Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. 4) Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property (2013). RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to 35 RCO: 22-1047 Revision Date: 9/15/2022 Page 15 of 23 recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the Sponsor received such overpayment. Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of RCO, it shall be due and owing 30 days after demand by RCO for refund. C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor, to terminate this Agreement and to be reimbursed by Sponsor for any grant funds paid to Sponsor (even if such funds have been subsequently paid to an agent), without liability to RCO or, in RCO's discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INCOME (AND FEES) AND USE OF INCOME A. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement and any applicable manuals, RCWs, and WACs. B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset: 1) The Sponsor's matching resources; 2) The project's total cost; 3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the grant funding; 4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; 5) Capital expenses for similar acquisition and/or development and renovation; and/or 6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with program income requirements (see 2 C.F.R. Part 200 (as updated) for federal awards). PROCUREMENT REQUIREMENTS A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and retained. If no such process exists, the Sponsor must follow these minimum procedures: 1) Publish a notice to the public requesting bids/proposals for the project; 2) Specify in the notice the date for submittal of bids/proposals; 3) Specify in the notice the general procedure and criteria for selection; and 4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be repeated until a suitable bid is selected. 5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or proposer. 1 *O: 22-1047 Revision Date: 9/15/2022 Page 16 of 23 Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. B. Requirements for Federal Subawards. 1) For all Federal subawards, non -Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). TREATMENT OF EQUIPMENT AND ASSETS Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the applicable manuals, or approved by RCO in writing. A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO published policies. B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment. C. Requirements for Federal Subawards. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, at a minimum, meet the following requirements (2 C.F.R § 200.313 (2013) as updated and amended): 1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 4) Adequate maintenance procedures must be developed to keep the property in good condition. 5) If the non -Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. RIGHT OF INSPECTION The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to inspect and access lands acquired or developed with this funding assistance. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes. ACKNOWLEDGMENT AND SIGNS A. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, RCO: 22-1047 Revision Date: 9/15/2022 Page 17 of 23 137 Sponsors shall clearly state: 1) The fund source; 2) The percentage of the total costs of the project that is financed with federal money; 3) The dollar amount of federal funds for the project; and 4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. PROVISIONS FOR FEDERAL SUBAWARDS The following provisions shall be in force for this agreement: A. Sub -Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and any in- kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a Buy America preference in the terms and conditions of each award with an infrastructure project. The Act requires the following Buy America preference: 1) All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2) All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3) All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. 4) Subject to subsequent approved federal agency specific waivers. C. Binding Official. Per 2 CFR 200 (as updated), as updated, Sponsor certifies through its actions or those of authorized staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200 (as updated). 1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. 2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. O: 22-1047 Revision Date: 9/15/2022 Page 18 of 23 E. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities (Sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity (Sponsor) must report all suspected or reported violations to the federal awarding agency identified in the Federal Fund Information Section. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity (Sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section H: Federal Fund Information. F. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 C.F.R § 401.2(a) and the recipient or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. H. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). I. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly or indirectly) received or will receive for this project from the United States or any agency thereof, have been used or shall be used to engage in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. J. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year RCO: 22-1047 Revision Date: 9/15/2022 Page 19 of 23 139 exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. K. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). L. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a contract to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. M. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding agency established pursuant to 2 C.F.R 200. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not commence with clearing of riparian trees or in -water work unless either the Sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall not be the basis for any enforcement responsibility by RCO. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal law; E. State Constitution, RCW, and WAC; F. Agreement Terms and Conditions and Applicable Manuals; G. Applicable deed restrictions, and/or governing documents. LIMITATION OF AUTHORITY Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached as an amendment to the original Agreement. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the 1*O: 22-1047 Revision Date: 9/15/2022 Page 20 of 23 application may be deemed a breach of this Agreement. SPECIFIC PERFORMANCE RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance, which means Sponsors' completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment of the grant amount paid and damages. TERMINATION AND SUSPENSION The RCO requires strict -compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as updated). A. For Cause. 1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this Agreement: a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines; or c) If the primary and secondary Sponsor(s) cannot mutually agree on the process and actions needed to implement the project; 2) Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action is not taken within 30 days or such other time period that the director approves in writing, the Agreement may be terminated. In the event of termination, the Sponsor shall be liable for damages or other relief as authorized by law and/or this Agreement. 3) RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is determined that: 1) The Sponsor was not in default; or 2) Failure to perform was outside Sponsor's control, fault or negligence. C. Rights and Remedies of the RCO. 1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for substantially the entire period of performance and of long-term obligation. D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a RCO: 22-1047 Revision Date: 9/15/2022 Page 21 of 23 141 continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. 1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon the state appropriating state and federal funding each biennium. In the event the state is unable to appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides notice to continue work. 2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law and regulations. DISPUTE HEARING Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the persons chosen by the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and attorneys' fees. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington and agrees to venue as set forth above. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. " -ft.,O: 22-1047 Revision Date: 9/15/2022 Page 22 of 23 END OF STANDARD TERMS AND CONDITIONS This is the end of the Standard Terms and Conditions of the Agreement. RCO: 22-1047 Revision Date: 9/15/2022 Page 23 of 23 143 144 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 17, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams CouncilmembersPresent: Mohamed Abdi, Acting Chair; Kate Kruller Staff Present: David Cline, Hari Ponnekanti, Griffin Lerner, Brittany Robinson, Seong Kim, Cody Lee Gray, Mike Ronda, Bryan Still, Joshua Hartley, Cyndy Knighton Guests: Laura Maman, Miller Hiyashi Architects; John Palewicz, PMQA Consultant; Justine Kim, Shiels Obletz Johnsen Acting Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Public Works Campus Phase 2 Update Staff presented the update, focusing on comparative cost estimates for adapting the existing building versus new construction. Items for follow-up: Provide more information comparing the required upgrades on the UPS building to improvements performed on the Fleet & Facilities Building. Committee Recommendation Discussion only. B. Grant Award: 42nd Avenue South Raised Crosswalk Project Staff is seeking Council approval to accept a Transportation Improvement Board Active Transportation Program grant in the amount of $175,000 for the project. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. C. Grant Award: Nelsen Side Channel Project Staff is seeking Council approval to accept a Recreation and Conservation Salmon Recovery Fund Board grant in the amount of $100,000 for the project. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. D. Grant Application: Strander Boulevard Extension Phase 3 Project Staff is seeking direction on whether to reapply to the Rebuilding American Infrastructure with Sustainability & Equity grant program for this project. 145 146 COUNCIL AGENDA SYNOPSIS 1:--- 4., Initials ITEM NO. Q1- Meeting Date Prepared by Mayors review Council review 01/23/23 NG -0� � o Spec 2.H. /905 ITEM INFORMATION STAFF SPONSOR: NEIL TABOR ORIGINAL AGENDA DATE: 1/23/ 23 AGENDA ITEM TITLE Approval of professional services contract between Tukwila and Makers for Middle Housing Grant contract. CATEGORY /1 Mtg Discussion Date 1123/23 AI Motion Mtg Date 1/23/23 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S This request is to recommend approval on consent agenda for a contract for $130,000 with SUMMARY Makers, a consultant selected for the Middle Housing grant with the Washington Department of Commerce. Funding for the project comes from a previous Council approved grant to complete deliverables identified in the attached contract between Commerce and Tukwila, including items required as part of the comprehensive plan update. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance 1 ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ DATE: 01/17/23 COMMITTEE CHAIR: HOUGARDY Planning & Community Dev. Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: GRANT - WA DEPT. OF COMMERCE, MIDDLE HOUSING GRANT Comments: This scope of work is fully grant funded with no match required MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/23/23 Info Memo Grant Agreement Contract with Scope of Work and Fee (provided after 1/17 PCD Committee) Minutes from the 1/17 Committee Meeting 147 148 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee Nora Gierloff, FROM: AICP, Community Development Director BY: Neil Tabor, AICP, Senior Planner CC: Mayor Ekberg DATE: January 17, 2023 (revised after January 17 PCD Committee) SUBJECT: Middle Housing Grant Consultant Selection and Agreement ISSUE Approve a grant -funded contract with Makers — Architecture, Planning and Urban Design to provide services to complete deliverables related to Middle Housing, including $100,000 for consultant services and $30,000 for community based organizations, totaling $130,000. BACKGROUND The City received and Council approved a grant from the Washington Department of Commerce for work analyzing opportunities to allow additional Middle Housing with the City. Minimum deliverables as a requirement of this grant include: • A public engagement plan and results; • analysis of racial equity, and proposed housing element policy amendments to address anti -displacement; • a staff report identifying possible amendments to support Middle Housing, including possible changes to regulations, fee structures, incentives, and permitting procedures to be considered in the plan update; and • policy suggestions to increase density in proximity to transit nodes and analyze allowing middle housing types in areas currently zoned as single-family. Under the agreement with the Department of Commerce deliverables must be completed by June 30, 2023. Staff is requesting accelerated review of this contract due to the short time frame for its completion. The contract between Makers and Tukwila is currently being finalized and reviewed by legal staff. The finalized contract would be provided in the 1/23/23 Council packet as an attachment to council. Deliverables associated with this grant will satisfy portions of the requirements of the overall comprehensive plan. A separate grant from the Department of Commerce for $125,000 will be available for other Comprehensive Plan update work. ANALYSIS Community Development staff issued a Request for Qualifications (RFQ) in November. Of the four firms that submitted proposals, two firms were interviewed in December. Staff selected Makers as the most qualified firm for the project and have been working with them to finalize the scope of work and contract. The grant generally includes three topic areas, including public engagement, racial equity and housing policy review, and potential zoning amendments. Work would be conducted between January and June 2023, and complete certain requirements of the overall Comprehensive Plan update. This work would further support other Comprehensive Plan update requirements and 149 150 INFORMATIONAL MEMO Page 2 overall community engagement efforts. More detail on the agreed deliverables can be found in Attachment A. FINANCIAL IMPACT The contract agreement will be supported by the $130,000 grant awarded by the Washington Department of Commerce for this work. This grant has no match requirement. Grant Award Department of Commerce Grant $130,000 Required Match $0 Total $130,000 RECOMMENDATION The Council is being asked to forward this item to the January 23rd, 2023 Committee of the Whole Meeting and January 23rd, 2023 Special Meeting consent agenda. This action will authorize the Mayor to sign the contract agreement for $130,000 between the City of Tukwila and Makers to complete a scope of work for Middle Housing deliverable in support of the City's grant with the Washington Department of Commerce grant and the comprehensive plan update. ATTACHMENTS: A. Grant agreement between Washington Department of Commerce and City of Tukwila B. Contract with Scope of Work and Fee Proposal (revised) https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/1-17-23 PCD Middle Housing Contractllnformational Memorandum, Makers Contract Approval.docx DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 wWashington State amila Department of 1F44 .7 Commerce Interagency Agreement with City of Tukwila through Growth Management Services For Start date: Middle Housing Grant Date of Execution 22-159 Council Approval 10/17/22 151 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 TABLE OF CONTENTS Special Terms and Conditions 1. Authority 1 2. Contract Management 1 3. Compensation 1 4. Billing Procedures and Payment 1 5. Insurance 2 6. Subcontractor Data Collection 2 7. Order of Precedence 2 General Terms and Conditions 1. Definitions 3 2. All Writings Contained Herein 3 3. Amendments 3 4. Assignment 3 5. Confidentiality and Safeguarding of Information... 3 6. Copyright 4 7. Disputes 4 8. Governing Law and Venue 4 9. Indemnification 4 10. Licensing, Accreditation and Registration 5 11. Recapture 5 12. Records Maintenance 5 13. Savings 5 14. Severability 5 15. Subcontracting 5 16. Survival 6 17. Termination for Cause 6 18. Termination for Convenience.... 6 19. Termination Procedures ... 6 20. Treatment of Assets.......... 7 21. Waiver 7 Attachment A, Scope of Work Attachment B, Budget 152 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 FACE SHEET Contract Number: 23-63326-027 Washington State Department of Commerce Local Government Division Growth Management Services Middle Housing Grant 1. Contractor City of Tukwila 6300 Southcenter Blvd, Suite #100 Tukwila, WA 98188 2. Regional planner Catherine McCoy Senior Planner 360-280-3147 catherine.mccoy@commerce.wa.gov NJA 3. Contractor Representative Nancy Eklund, AICP Long Range Planning Manager 206-433-7141 Nancy.Eklund@TukwilaWA.gov 4. COMMERCE Representative Shane Hope PD Box 42525 Senior Planner 1011 Plum Street SE (360) 725-3127 Olympia Washington shane.hope@commerce.wa.gov 98504-2525 5. Contract Amount $130,000 6. Funding Source Federal: ❑ State: 11 Other: ❑ N/A: 0 7. Start Date Date of Execution 8. End Date June 30, 2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number NA NA NA 10.Tax ID# NA 11.SWV# S W V0018023 12.UBI# 179-000-208 13. DUNS# NA 14. Contract Purpose Implementation of Middle Housing grant for the purpose of funding actions needed to evaluate the adoption of middle housing types on thirty percent (30%) or more of lots that, before this work, only allowed single family development. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this. Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment "B" — Budget. FOR CONTRACTOR NG FOR COMMERCE ��Docuu/Signeedd by:: /. �sg�Ed a seamessoos.om *fiJ', Key: aase9-i7e2sea7r=-eis9-maees3e' Allan Ekberg, Mayor City of Tukwila 12-23-2022 0001280d00SCd'0... Mark K. Barkley, Assistant Director Local Government Division 1/5/2023 1 9:48 AM PST Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/2212019. APPROVAL ON FILE. Date APPROVED AS TO FORM e„ ed ,a,eam e55DO s: om Cl( -0/-V (LS)Qytd xey: �sesooE-4�5-4 ab-aos-zseeeo eoEE Office of the City Attorney II 153 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 154 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 ROW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed one -hundred and thirty thousand dollars ($130,000) for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the performance-based Scope of Work (Attachment A) and Budget (Attachment B). 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The parties agree this is a performance-based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63326-027. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. The grantees must invoice for all expenses by June 17, 2023. All contracts with community based organizations must be submitted by June 17, 2023. COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs would have been allowable on or after July 1, 2022. To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 5. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2155 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 156 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 3 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights,, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 4 157 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 158 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available al law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. Subcontracting with multiple community based organizations is encouraged for this granting program. COMMERCE shall approve each community based organization, such approval to be provided in writing. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 5 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms 01 this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 6 159 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 160 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated byte Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon 0) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 7 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS SOURCE: Section 189 of Engrossed Substitute Senate Bill 5693, of the supplemental operating budget for fiscal year 2023 is provided solely for Commerce to administer grants to eligible cities for actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of lots currently zoned as single family residential. For the purposes of this grant program, "middle housing types" include duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats. (a) A city is eligible to receive a grant if: i. The city is required to plan under RCW 36.70A.040; and ii. The city is required to take action on or before June 30, 2024, to review and, if needed, revise its comprehensive plan and development regulations pursuant to RCW 36.70A.130(5)(a). (b) Grant recipients must use grant funding for costs to conduct at least three of the following activities: 1. Analyzing comprehensive plan policies and municipal code to determine the extent of amendments required to meet the goal of authorizing middle housing types on at least 30 percent of lots currently zoned as single family residential; ii. Preparing informational material for the public; iii. Conducting outreach, including with the assistance of community-based organizations, to inform and solicit feedback from a representative group of renters and owner -occupied households in residential neighborhoods, and from for-profit and nonprofit residential developers; iv. Drafting proposed amendments to zoning ordinances for consideration by the city planning commission and city council; v. Holding city planning commission public hearings; vi. Publicizing and presenting the city planning commission's recommendations to the city council; and vii. Holding city council public hearings on the planning commission's recommendations. (c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish antidisplacernent policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will be no net displacement of very low, low, or moderate -income households, as defined in RCW 43.63A.510, or individuals from racial, ethnic, and religious communities which have been subject to discriminatory housing policies in the past. (d) Commerce will prioritize applicants who: i. Aim to authorize middle housing types in the greatest proportion of zones; and ii. Subcontract with multiple community-based organizations that represent different vulnerable populations in overburdened communities, as defined in RCW 70A.02.010, that have traditionally been disparately impacted by planning and zoning policies and practices, to engage in eligible activities as described in (b) of this subsection. Commerce will be monitoring the contracts biannually to review progress in meeting milestones, deliverables and invoicing. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 9 161 162 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 Scope of Work Attachment A Steps/ Deliverables Description Start Date End Date ACTION 1 PUBLIC ENGAGEMENT ACTIVITIES July 2022 June 2023 Step 1.1 Develop community engagement plan July 2022 November 2022 Step 1.2 Subcontract with community-based organizations July 2022 November 2022 Step 1.3 Develop outreach communications, surveys, mapping, and public presentations July 2022 February 2023 Step 1.4 Conduct public engagement activities January 2023 April 2023 Ueliv 1a public Engagement Plan July 2022 Nov. 30, 2022 Deliverable 1b Public Engagement Results July 2022 May 31, 2023 ACTION 2 RACIAL EQUITY REPORT & HOUSING POLICY REVIEW July 2022 June 2023 Step 2.1 Access supports from Commerce technical assistance staff. Sept 2022 May 2023 Step 2.2 Identify local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing, including: zoning that may have a discriminatory effect; disinvestment; and infrastructure availability. July 2022 Sept 2022 Step 2.3 Identify areas that may be at higher risk of displacement from market forces that occur with changes to zoning development regulations. July 2022 Sept 2022 Step 2.4 Evaluate displacement risk of very low, low, and moderate income households. Sept 2022 January 2023 Step 2.5 Evaluate displacement risk of individuals from racial, ethnic, and religious communities which have been subject to discriminatory housing policies in the past. Sept 2022 January 2023 Step 2.6 Develop policies and regulations to address and begin to undo the impacts of local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing. July 2022 March 2023 163 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 Attachment A Steps/ Deliverables Description Start Date End Date Step 2.7minimize Develop anti -displacement strategies, including strategies to displacement of low-income residents resulting from redevelopment. July 2x22 March 2023 Step 2.8 Develop anti -displacement policy documents that include a schedule of programs and actions to implement the anti- displacement strategies including a timeline. Nov 2022 March 2023 Deliverable 2a Racial equity analysis report Aorii 15, 2I Deliverable 2b Proposed Housing Element policy updates, including May 31, 202 ACTION 3 ZONING AMENDMENTS Nov 2022 June 2023 Step 3.1 Review and evaluate the current housing element and other policies to support middle housing. September 2022 January 2023 Step 3.2 Review buildable lands report and current residential land uses for potential to allow middle housing, or where station areas or higher intensity uses might be defined, or where commercial areas might be converted for residential or mixed use development. October 2022 February 2023 Step 3.3 Review current programs, development regulations, impact fees, system development charges, and permitting processes as to how they might encourage or discourage the development of multiunit housing. Consider also how building code requirements impact development of multi -unit housing structures. October 2022 Jan 2023 Step 3.4 Identify conditions and incentives that encourage or deter development community from building missing middle housing in Tukwila. October 2022 January 2023 Step 3.5 Identify bonus densities and incentives for affordable housing to accompany changes in zoning that can increase density. Jan 2023 Feb 2023 Step 3.6 Identify various homeownership options that can be readily utilized and promoted to incorporate into the development of missing middle housing types. October 2022 January 2023 Step 3.7 Gather data, analyze and review to understand the realistic potential of the various changes. Examine existing financial feasibility analysis addressing development of various housing typologies in various zones to identify opportunities and potential gaps of understanding. Jan 2023 Feb 2023 164 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 Attachment A Steps/ Deliverables Description Start Date End Date Deliverable 3a Middle housing staff report identifying changes needed to support middle housing in Tukwila, including recommended changes to policies, regulations, fee structures, incentives, and permitting procedures to be considered with periodic update. December 2022 June 15, 2023 Deliverable 3b Draft ordinance to increase density in proximity to transit nodes and authorizes middle housing types and ADUs on Tots currently zoned as single family. June 15, 2023 165 DocuSign Envelope ID: 1 D45CF25-58F1-4353-A08D-292CC490DB55 Budget Budget Grant Objective: Attachment B Commerce Funds Deliverable la. Public Engagement Plan Deliverable 1b. Public Engagement Results $ 7,000 $ 25,000 Deliverable 2a. Racial Equity Analysis $ 21,000 Deliverable 2b. Housing Element policy updates $ 20,000 Deliverable 3a. Middle housing staff report $ 20,000 Deliverable 3b. Draft ordinance $ 7,000 Total: $100,000 Contracting with Community Based Organizations $30,000 166 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and MAKERS Architecture and Urban Design, LLP, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform planning analysis and public involvement services in connection with the project titled "Tukwila Middle Housing - Analysis, Public Involvement, and Code Development". 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending August 31, 2023, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than August 31, 2023, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $130,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 167 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 168 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 169 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Julie Bassuk, AICP MAKERS Architecture and Urban Design, LLP 500 Union Street, Suite 700 Seattle, WA 98101 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 170 Page 4 DATED this day of January, 2023. ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May 2020 CONSULTANT: By: Printed Name: Title: Julie Bassuk Partner Page 5 171 172 TUKWILA MIDDLE HOUSING SCOPE OF WORK January 17, 2023 PROJECT GOAL This project aims to assist the City of Tukwila (City) in developing analysis that results in more local housing options and supply with a greater range of affordability. To align with requirements of the Middle Housing Grant the City received from the Washington Department of Commerce (Commerce), this effort will support the following goals: 1. Analyze historic and existing racial equity in the City's housing and regulatory framework and develop associated anti -displacement policies. 2. Review existing framework and prepare a recommendation for the City Council to consider whether it should adopt policies and code language to augment "Middle Housing". 3. Contract with and complete outreach to numerous community-based organizations in order to bring historically underrepresented voices into discussions about housing needs and supply. The key deliverables will be a concise summary of engagement activities and key outcomes, feasibility analysis findings, and recommended regulatory updates. TASK l: PUBLIC ENGAGEMENT 1.1 TASK INITIATION AND MANAGEMENT Coordinate with the City's project team (PT) at a 60 -minute virtual kick-off meeting to launch the project and this task. The PT will include project manager and, if desired, other staff responsible for coordinating the overall project effort, making decisions on behalf of the City, and providing input on plan strategy and direction. Clarify project needs and goals, review the project work plan and schedule, schedule bi-weekly check-in briefings, identify key project participants, and discuss the draft public engagement plan. Bi -weekly check-in briefings may include additional City staff or subject -matter experts as needed. 1.2 DEVELOP THE PUBLIC ENGAGEMENT PLAN Coordinate with the City to draft a public engagement plan which outlines engagement with community- based organizations (CBOs) and the public to support this project and potentially the forthcoming Comprehensive Plan update. The plan will also include communication strategies and include roles and responsibilities for the City and consultant team. Update to respond to City feedback. 1.3 CONVENE A CBO -BASED ENGAGEMENT TASK FORCE Work with the City, PSRC, and other networks to identify, recruit, and stand up a funded engagement task force of CBO representatives. This task includes up to three one-hour meetings to coordinate community engagement strategies throughout the project. 1.4 BUILD THE PROJECT'S ONLINE ENGAGEMENT CENTER Develop an online website to serve as a central information hub for the project and for potential future use in the comprehensive planning update. MAKERS architecture and urban design LLP 1/17/2023 1:15 PM 173 TUKWILA MIDDLE HOUSING SCOPE OF WORK January 17, 2023 1.5 EXECUTE ENGAGEMENT STRATEGIES In partnership with the City, task force members, and other CBOs, plan, execute, and summarize feedback from in-person or virtual activities identified in the engagement plan. Activities could include interviews or discussion groups, pop-up events, or piggybacking on an existing community event. Engagement findings will be summarized in presentation and updated to incorporate City feedback. MEETINGS • Kick-off meeting (virtual) • Bi -weekly coordination calls (up to 12) • Engagement Task Force meetings (up to 3) • Public outreach activities as outlined in the public engagement plan DELIVERABLES • Draft and final engagement plan • Draft and final project website engagement hub • Draft and final engagement findings summary presentation ASSUMPTIONS • The engagement plan will be delivered in short memo or presentation format, whatever functions best to efficiently organize and convey engagement responsibilities, desired tactics, and target timelines. Revisions to the draft engagement plan will be limited to one round. • MAKERS will provide materials to support the City's messaging and engagement efforts. These materials will be excerpted from items produced in support of other scoped tasks; no additional materials will be developed to support City -led messaging and engagement. • The initial draft website will be reviewed by the City at a bi-weekly coordination meeting and updated one time prior to launch. After launch, up to two updates to the website during the project are included. • The website contents, features, and complexity will be appropriately scaled to the available budget and level of effort for this task. Once this project concludes, website responsibilities (hosting, maintaining, monitoring, etc.) will transfer to the City or other designee. • Engagement strategies will be achievable within the project timeline and scaled to align with the proposed level of effort and available budget for subtask 1.5. • Engagement findings will be delivered in a summary presentation. TASK 2: RACIAL EQUITY REPORT & HOUSING POLICY REVIEW 2.1 TASK INITIATION AND MANAGEMENT Coordinate with the City's project team (PT) at a bi-weekly progress meeting to launch this task. Clarify the consultant role in supporting this task, given evolving Commerce guidance and support. Determine the consultant work plan milestones and schedule and identify deliverables reasonable for the timeline and level of effort available. Draft Task 2 consultant responsibilities and update to incorporate City feedback. 2.2 REVIEW POLICIES, REGULATIONS, AND DEMOGRAPHICS WITH AN EQUITY LENS Support an equity review of current policies and regulations as specified in the Task 2 consultant responsibilities summary. MAKERS architecture and urban design LLP 1/17/2023 1:15 PM 174 TUKWILA MIDDLE HOUSING SCOPE OF WORK January 17, 2023 2.3 EVALUATE DISPLACEMENT RISK Support the review of existing zoning and demographics and the evaluation of displacement risk relative to income and racial, ethnic, and religious communities, as specified in the Task 2 consultant responsibilities summary. 2.4 PREPARE GRAPHICS, GIS ANALYSIS, AND MAPPING Develop maps and graphics requested by the City to support this project, up to the level of effort for this subtask, as specified in the Task 2 consultant responsibilities summary. 2.5 SUGGEST ANTI—DISPLACEMENT STRATEGIES AND ACTION STEPS Support development of anti -displacement strategies and action next steps for the City to consider, as specified in the Task 2 consultant responsibilities summary. Zoning code amendment suggestions are included in Task 3. MEETINGS • Coordination meetings with the PT and Commerce technical staff (up to 2) • Bi -weekly coordination meetings with the City included in Task 1 DELIVERABLES • Draft and final Task 2 consultant responsibilities • Maps, graphics, and analysis support, as specified in the Task 2 consultant responsibilities ASSUMPTIONS • Task 2 consultant responsibilities will be delivered in short memo or presentation format, whatever functions best to efficiently organize and convey the information. Revisions will be limited to one round. • Consultant support will be appropriately scaled to align with the proposed level of effort and available budget for this task. TASK 3: MIDDLE HOUSING STAFF REPORT & ZONING CODE AMENDMENTS 3.1 TASK COORDINATION AND MANAGEMENT Coordinate with the PT at a bi-weekly progress meeting to launch this task and confirm the work plan, key milestones, information needed, and responsibilities. 3.2 REVIEW THE EXISTING FRAMEWORK Review relevant city -provided data and studies, including the Housing Action Plan to bring together a list of conditions and incentives that deter development and impact affordability of middle housing. 3.3 MAP POTENTIAL AREAS OF FOCUS Review information provided by the City and Commerce — such as the Buildable Lands Report — to conceptually map areas with potential for middle housing or higher intensity uses. Identify locations where reinvestment or new development is likely to occur, either at the district scale or parcel level by evaluating redevelopment candidacy using readily available information. Consider a variety of factors to determine when and where redevelopment for certain unit types might be expected to occur, including review of vacant lots, population growth, age of structure, improvement -to -land value ratio, zoned capacity utilization, and MAKERS architecture and urban design LLP 1/17/2023 1:15 PM 175 TUKWILA MIDDLE HOUSING SCOPE OF WORK January 17, 2023 prototype residual land value. Generate a redevelopment candidate parcel map for internal use to support this effort. Review in a bi-weekly coordination meeting. 3.4 ASSESS CURRENT AND POTENTIAL FUTURE DEVELOPMENT FEASIBILITY Update prior feasibility analysis (from the HAP) to identify barriers to desired development within areas of focus identified above: • Interview up to five housing industry experts to confirm challenges, opportunities, and costs to develop middle housing in Tukwila. • Determine typical lot size cohorts by zoning category where relevant in the study area to aid decisions for base zone standards update. • Update existing or develop new low-density residential zone prototypes to explore a range of options. • Build financial models that fit a standard lot type and prototype(s) in the study area • Test sensitivity of existing policies, quantifying policy changes on desired and/or newly allowable building types. Quantify the weight of an individual policy change, then all policy changes cumulatively. • Summarize findings and review with City at a bi-weekly progress meeting. 3.5 DRAFT RECOMMENDED ACTIONS Draft recommended policies, regulatory or process adjustments, and other actions for City consideration in a presentation and summary report. 3.6 BRIEF THE PLANNING COMMISSION Conduct a run-through of the draft recommendations briefing with the PT via videoconference. Update the briefing per PT comments and present to the planning commission. One round of updates to the briefing after the run-through is assumed. 3.7 FINALIZE REPORT AND BRIEFING Update recommendations based on planning commission feedback and review prefinal presentation with the PT. Incorporate feedback and present revised recommendations to the planning commission. Finalize all deliverables and close out the project. MEETINGS • Interviews with local real estate experts (up to 5, virtual) • Planning commission meetings (up to 2, in-person or virtual) • Bi -weekly coordination meetings with the City included in Task 1 DELIVERABLES • Draft and final summary of findings and recommendations briefing • Draft and final report ASSUMPTIONS • Up to five housing industry experts will be interviewed. • Up to 5 prototypes will be developed and modeled. MAKERS architecture and urban design LLP 1/17/2023 1:15 PM 176 TUKWILA MIDDLE HOUSING SCOPE OF WORK January 17, 2023 GENERAL ASSUMPTIONS • This six-month project schedule is based on City requirements, efficient scheduling, and the data provision and review time assumptions specified in this scope of work. Longer review periods and meeting scheduling delays may impact the project schedule. • The City will provide necessary background information, including existing policies and regulations. To keep the project on schedule, the City will endeavor to provide information requested within one week from the date of request. The consultant team will work with the City to mitigate schedule impacts where information requests take longer to fulfill. • The City shall keep the consultants apprised of parallel planning efforts or Commerce guidance of consequence to this project. Any new information arising over the course of the project shall be provided to MAKERS as soon as feasible. If this new information impacts the content of a substantially developed work product, MAKERS will endeavor to incorporate such new information into the final work product, if possible, given available time and budget. • MAKERS will provide draft copies of presentation materials for advance review by the PT and revise materials based on PT comments. No more than two versions (draft and final) of any deliverable will be provided. • City reviews of minor deliverables (presentations and memos) are assumed to occur within one week, with an additional week allocated for consultant revisions in response to city comments. City review of the draft report is assumed to occur within two weeks, with two weeks allocated for consultant revisions. • No in-person meetings or expenses are included for Neighborhood Workshop. • Miscellaneous expenses will be covered within contract resources. • The City and consultant will coordinate on the selection of a virtual engagement hub. MAKERS architecture and urban design LLP 5 1/17/2023 1:15 PM 177 TUKWILA MIDDLE HOUSING FEE PROPOSAL January 11, 2023 1 Public Engagement 2 Racial Equity Report & Housing Policy Review 3 Middle Housing Staff Report and Zoning Code Amendments Neigh % OF MAKERS Wkshop TOTAL TOTAL $ 35,000 $ 35,000 $ 10,000 $ 10,000 $ 32,600 $ 22,400 $ 55,000 35% 10% 55% TOTAL $ 77,600 $ 22,400 $ 100,000 100% 178 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes January 17, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Kathy Hougardy, Chair; De'Sean Quinn, Thomas McLeod Staff Present. Derek Speck, Nora Gierloff, Brandon Miles, Nancy Eklund, Neil Tabor, Rachel Bianchi, Laurel Humphrey Chair Hougardy called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Contract: Middle Housing Staff is seeking Council approval of a grant -funded contract with Makers - Architecture, *Planning and Urban Design in the amount of $130,000 for analysis of Middle Housing opportunities. Committee Recommendation Unanimous approval. Forward to January 23, 2023 Special Consent Agenda. B. Economic Development 2023 Work Plan Councilmembers and staff discussed the work items for the year. Committee Recommendation Discussion only. C. 2023-2024 Seattle Seawolves Partnership Agreement Staff is seeking Council approval of a partnership agreement with the Seattle Seawolves for the 2023 and 2024 seasons in an amount not to exceed $150,000, paid exclusively with lodging tax revenue as previously approved. Committee Recommendation Unanimous approval. Forward to February 6, 2023 Regular Consent Agenda. D. 2023 Committee Work Plan Councilmembers and staff discussed the items for the year. Committee Recommendation Discussion only. 179 180 UPCOMING MEETINGS AND EVENTS JANUARY - FEBRUARY 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available. JAN 23 MON JAN 24 TUE JAN 25 WED JAN 28 THU JAN 27 FRI JAN 28 SAT ➢ Community Services and Safety Committee 5:30 PM City Hall – Hazelnut Room Hybrid Meeting D Finance and Governance Committee 5:30 PM 6300 Building – Suite 100 Foster Conference Room Hybrid Meeting D City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to immediately follow Committee of the Whole Meeting. ➢Arts Commission 6:00 PM Tukwila Community Center Hybrid Meeting D Planning Commission 6:30 PM Tukwila Justice Center Hybrid Meeting tL!R� .HAL BLV. Action Committee TUKWILA INTERNATIONAL BOULEVARD ACTION COMMITTEE TRASH PICK-UP DAY For more information, call Sharon Mann at 206-200-3616 JAN 30 MON JAN 31 TUE FEB 1 WED FEB 2 THU FEB 3 FRI FEB 4 SAT No Council or Committee Meetings due to the 5'h Monday. Give Blood = Save 3 Lives .. . . .r. - - DONATE BLOOD AND ENTER TO WIN A DYSON AIRWRAP MULTI-STYLER THRU JAN 31 Your donation is critical! Our community is dangerously low on the platelets and Type 0 blood needed to supply each of the cancer and surgery patients. To schedule an appointment, call 1-800-398-7888. Click here to schedule an appointment. J `• f Tukwila A SCHOOL DISTRICT CARE NIGHT Join TSD for a CARE Night event for all Tukwila families. Clothes are really expensive, so come join TSD for free clothes and free food! TSD is also accepting donations. 4:00 PM - 7:00 PM Foster High School For more information, email Kristin Theobald at TheobaldK@Tukwila.wednet.edu ➢Equity and Social Justice Commission 5:30 PM Tukwila Justice Center Hybrid Meeting ws CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC - MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM to a and J�.Nus o i FREE TEEN PROGRAMS - TEEN AFTER SCHOOL PROGRAM & LATE FRIDAY NIGHTS AT TUKWILA COMMUNITY CENTER o All Middle School and High School students are invited to attend the FREE Teen After School Program AND Late Friday Nights. All are welcome come hang out at TCC and meet our new Youth/Teen Specialist, Tez Charles. 9(4 POLICE DEPARTMENT IS HIRING! Join our team and write your future chapter with us. Become a part of our Tukwila PD family and our community. We offer a supportive environment including supportive community, supportive elected officials, supportive command staff and opportunities to train and build your future with us. We are hiring Entry Level Lateral Officers. Click here for more information. DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM – 2:00 PM la. VOLUNTEERS – In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. aorv�tu2 DONORS – Please donate at tukwilapantry.org/donate/. 99 STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!;qtr, t SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. .: VOLUNTEERS NEEDED ON WEDNESDAYS, THURSDAYS AND FRIDAYS. Pack snacks every Wednesday at 9:30 AM. 1 _ To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District. Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. it r ISVI-4:22.t LaFREE TRANSIT PASS TO ATTEND CONCERT OR SPORTS EVENTS AT CLIMATE PLEDGE ARENA If you're going to an event at Climate Pledge Arena, your event ticket is now a transit pass! King County Metro and other transit agencies are partnering with Climate Pledge Arena to provide free transit to all public events at the arena. Click here for more KingCcultY VIA TO TRANSIT Get around town with the click of a button or a phone call. Use Via to Transit for fast and affordable rides to the Tukwila Community Center, Tukwila Light Rail Station, or from these hubs to nearby locations. Like other transit, this service is free for youth. Click here for more information. COVID-19 VACCINATION All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination—and now also babies and children 6 months and older. For more information, visit Getting vaccinated in King County or call 206-477-3977. You can also search at vaccinelocator.doh.wa.gov Interpreters available for assistance. Telephone-to-text relay service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org. FREE MUSEUM AND PARK PASSES Check out museum and park passes from your library. Enjoy local art, parks, culture, history and science museums for free with your library card! Click here for more information and reserve a pass. ONLINE TECHNOLOGY BASICS CLASSES Learn about technology basics in online classes. Some classes offered are webmail, tech vocabulary and decluttering your digital legacy. Click here to register. FREE EMPLOYMENT SERVICES AND SKILLS TRAINING services and programs provided by Puget Sound Training Center. Registration not required. Reasonable accommodation for people with disabilities per at least 7 days before the event. Click here for more information and multiple dates. YOUR LIBRARY FOR FREE! practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and morel You will need your KCLS and PIN to access some resources. Click here for more information and registration. & EARN BELLEVUE COLLEGE CREDIT! from Cisco, and apply for college credit from Bellevue College. The courses are online, self-paced and free. information and register to enroll in the tech courses. KING COUNTY LIBRARY SYSTEM Learn about the free request. Email access@kcls.org GET CERTIFIED AT Take free online classes, library card number FREE TECH COURSES Take free tech courses Click here for more 181 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JANUARY2 46% h � '�r A' ; up-MP, Regular Meeting cancelled due to the holiday. JANUARY9 See below link for the agenda packet to view the agenda items: January 9, 2023 Committee of the Whole / Special Meeting JANUARY16 JANUARY23 See below link for the agenda packet to view the agenda items: January 23, 2023 Committee of the Whole / Special Meeting MARTIN L UT[ I E R Illt K1NG JR. ' ` —DAY 47 " ,.,;+: 41 Regular Meeting cancelled due to the holiday. MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. FEBRUARY 6 CONSENT AGENDA - Confirm the appointment for a position on the Equity and Social Justice Commission. - Confirm the appointment for a position on the Park Commission. CONSENT AGENDA Authorize the Mayor to sign a contract with Seattle Rugby LLC for the 2023- 2024 Seattle Seawolves Partnership in the amount of $150,000.00. FEBRUARY 13 SPECIAL ISSUES Resolution approving South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Allocation. Special Meeting to follow Committee of the Whole Meeting CONSENT AGENDA - Authorize the Mayor to sign a contract for the Lift Station #5 project in the amount of $236,901.25. - Authorize the Mayor to sign Amendment #2 to Contract #21-074 with At Work! Commercial Enterprises LLC for shoreline restoration maintenance services for the Green the Green project, in the amount of $37,191.00 (bringing original contract at $40,000+). FEBRUARY 20 FEBRUARY 27 ***** HAPPY = _ p P RESI DENT'S DAY *** Regular Meeting cancelled due to the holiday. 182