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Reg 2024-05-20 COMPLETE AGENDA PACKET
Monday, wqs Tukwila City Council Agenda •❖REGULAR MEETING ❖ ,SNtJILA o �, -4 .3> 7 2 Thomas Marty Wine, McLeod, Mayor Councilmembers: + De'Sean Quinn + Tosh Sharp Interim City Administrator ❖ Armen Papyan ❖ Jovita McConnell Abdi, Council President ❖ Dennis Martinez ❖ Hannah Hedrick 1906 Mohamed ON -SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 May 20, 2024; 7:00 PM • Ord #2728 • Res #2095 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish 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 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 both date. and Please clearly indicate that your message is for public comment during the meeting, you will receive further instructions. 4. CONSENT AGENDA a. Approval of Minutes: 5/6/24 (Regular Mtg.) b. Approval of Vouchers c. An ordinance granting to Astound Broadband, LLC d/b/a Astound Broadband and its affiliates, successors, and assigns, the right, privilege, authority, and nonexclusive franchise for five years, to construct, maintain, operate, replace and repair a telecommunications network in, across, over, along, under, through and below certain designated public rights -of -way of the City of Tukwila, Washington. [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 4/22/24] d. Authorize the Mayor to sign a grant agreement with the Washington State Military Department for radio system updates through the 2022 Emergency Management Performance Grant Program, in the amount of $49,000.00 [Reviewed and forwarded to consent by the Community Services and Safety Committee on 5/13/24] e. A resolution adopting the South King Housing and Homelessness Partners' 2025 Work Plan & 2025 Operating Budget. [Reviewed and forwarded to consent by the Planning and Community Development Committee on 5/13/24] Pg.1 Pg.43 Pg.87 (continued...) REGULAR MEETING May 20, 2024 Page 2 5. UNFINISHED BUSINESS a. A resolution adopting a Surface Water Comprehensive Plan, and Repealing Resolution No. 1807. b. A resolution adopting Financial Policies, and repealing Resolution No. 2014. c. A resolution adopting a Purchasing and Contracting Policy, and repealing Resolution No. 2015. d. Authorize the Mayor to execute contracts as necessary, subject to approval by the City Attorney's Office, for Phase 1 of the Energy Services Proposal for the Tukwila Community Center HVAC Replacement project utilizing the Energy Savings Performance Contracting Program through the Washington State Department of Enterprise Services, within a total project budget not to exceed $1,735,419.00 (includes contingency). Pg.111 Pg.139 Pg.149 Pg.175 6. NEW BUSINESS a. An update on the 42nd Ave South Bridge replacement project. Pg.307 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.317 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Remote This agenda is available at Tukwila Council meetings www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) m If tieyou are in need of translation or interpretation services at a Council meeting, please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. 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 clearly 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. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant 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 Initials Meeting Date Prepared by Mayor's review Council review 05/13/24 ESC 05/20/24 ESC ITEM No. 4.C. ITEM INFORMATION STAFF SPONSOR: ERIC COMPTON ORIGINAL AGENDA DATE: 04/22/24 AGENDA ITEM TITLE Franchise Agreement with Astound Broadband CATEGORY ❑ Discussion Mtg Date ❑ Al Motion Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Ordinance Mtg Date 05/20/24 SPONSOR ❑ Council ❑ Mayor Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW 0 Admin SPONSOR'S Astound Broadband is a local internet service provider that competes directly with Comcast SUMMARY and Century Link to provide internet to local consumers in Tukwila. Astound is looking to continue to increase their presence in Tukwila and provide competition in the local internet market. Council is being asked to approve the new ordinance for the franchise agreement that will allow Astound to continue developing their infrastructure and expand their service area. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ARMEN PAPYAN ❑ LTAC DATE: 4/22/24 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Technology and Innovation Services / Joel Bush Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: No FUNDING REQUIRED Comments: Under the terms of the Franchise, Astound is required to pay a $5000 administrative fee MTG. DATE RECORD OF COUNCIL ACTION 05/13/24 Forward to next Regular Meeting Consent Agenda 05/20/24 MTG. DATE ATTACHMENTS 05/13/24 Informational Memorandum dated 04/19/24 Draft Ordinance Minutes from the Transportation & Infrastructure Services Committee dated 04/22/24 05/20/24 Final Ordinance 1 2 - of Ttf Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING TO ASTOUND BROADBAND, LLC D/B/A ASTOUND BROADBAND AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS -OF - WAY OF THE CITY OF TUKWILA, WASHINGTON. WHEREAS, pursuant to Ordinance No. 2445, the City of Tukwila ("City") granted Astound Broadband, LLC ("Franchisee") a 5-year telecommunications franchise; and WHEREAS, pursuant to Ordinance No. 2607, the City Council granted Franchisee a one-year extension; and WHEREAS, Ordinance No. 2607 expired on August 11, 2020; and WHEREAS, pursuant to Ordinance No. 2632, the City Council granted Franchisee an additional year long extension to August 11, 2021; and WHEREAS, Franchisee has requested that the City Council grant it a new nonexclusive franchise; and WHEREAS, the City Council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Franchise. The franchise by the City Council under Ordinance No. 2445 is hereby terminated and replaced in its entirety by this franchise, attached and incorporated herein as Attachment A. The term of the franchise shall be for five (5) years, commencing on the date the last party executes the franchise. 2024 Legislation: Astound Franchise Agreement Version: 04/03/2024 Staff: E. Compton Page 1 of 2 3 Section 2. Terms & Conditions. The terms and conditions governing the franchise specified in Section 1. shall be those set forth on Attachment A to this Ordinance and incorporated herein by this reference as if set forth in full. Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to this Ordinance shall not become effective until its terms and conditions are accepted by Astound Broadband, LLC. Such acceptance shall contain any required letter of credit, evidence of insurance, all applicable fees pursuant to Section 14. of the Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall conform substantially to Attachment B, and evidence the unconditional acceptance of the terms hereof and a promise to comply with and abide by the provisions, terms and conditions hereof. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval by 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 6. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force 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 , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A — Astound Broadband, LLC, Franchise Agreement Exhibit B — Astound Broadband, LLC, Statement of Acceptance 2024 Legislation: Astound Franchise Agreement Version: 04/03/2024 Staff: E. Compton Page 2of2 4 ATTACHMENT A [See attached.] 5 TELECOMMUNICATIONS FRANCHISE Between CITY OF TUKWILA, WASHINGTON and ASTOUND BROADBAND, LLC This Telecommunications Franchise is entered into by and between the City of Tukwila, Washington a municipal corporation, hereinafter ("the City") and Astound Broadband, LLC who is hereinafter known as ("Astound" or "Franchisee"). The City and Franchisee are sometimes referred to hereinafter collectively as the "parties." Section 1. Franchise Granted. Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Astound a non- exclusive franchise (the "Franchise") under the terms and conditions contained in this franchise ordinance (the "Franchise Ordinance"). Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a telecommunications network, in, under, on, across, over, through, along or below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to City permits issued pursuant to this Franchise and in accordance with all applicable federal, state, and local codes. Tukwila Municipal Code ("TMC") Title 11 is hereby incorporated by reference, however, in the event of any conflict between this chapter and this Franchise, the Franchise shall govern. (a) "Facilities" as used in this Franchise means one or more elements of Franchisee's telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances. Equipment enclosures with air conditioning or other noise generating equipment shall meet all lawful TMC requirements. For the purposes of this Franchise the term Facilities excludes "microcell" facilities defined by RCW 80.36.375, and "macrocell" facilities, including towers and new base stations and other similar facilities (except for fiber optic cables) provided that such exclusion shall not apply to Facilities interconnecting with and serving such facilities. 6 (b) Public "Rights -of -Way" means land acquired or dedicated to the public or that is hereafter dedicated to the public and maintained under public authority, including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, utility easements and similar public property located within the franchise area but does not include: State highways; land dedicated for road, streets, highways not opened and not improved for motor vehicle use by the public; structures including poles and conduits located within the right-of-way; federally granted trust lands or forest board trust lands; lands owned or managed by the State Parks and Recreation Commission; federally granted railroad rights -of -way acquired under 43 USC § 912 and related provisions of federal law that are not open for vehicular use; or leasehold or City -owned property to which the City holds fee title or other title and which is utilized for park, utility or a governmental or proprietary use (for example, buildings, other City -owned physical facilities, parks, poles, conduits, fixtures, real property or property rights owned or leased by the City not reserved for transportation purposes). Section 2. Authority Limited to Occupation of the Public Rights -of -Way Section 2.1. The authority granted pursuant to this Franchise is a limited authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise Area"). No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right -of -Way, or upon private property without the owner's consent, or upon any public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents that it expects to provide the following services within the City: high speed data and fiber optic services, internet protocol -based services, internet access services, conduit and dark fiber leasing, telephone, data transport and other telecommunications and information services (the "Services"). Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way as a public thoroughfare. Franchisee may not occupy the Right -of -Way to provide Cable Services as defined in 47 U.S.C. § 522(6) nor occupy the Right -of -Way for the placement of small wireless facilities or macro facilities, without obtaining a new franchise or an amendment to this Franchise approved by the City Council. 7 Section 2.2. Notwithstanding the existence of this Franchise, the installation, construction, maintenance, use, operation, replacement and removal by Franchisee of any one or more Franchise Facilities will be subject to all applicable provisions of Title 11 TMC, including, but not limited to, the City's Infrastructure, Design, and Construction Standards, adopted by the City's Public Works Department of Public Works, the terms and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations. Section 2.3. Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise, provided: (a) Franchisee at all times retains exclusive ownership over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise, provided that leases or other commercial arrangements for the use of the Facilities installed pursuant to this Franchise may extend beyond the term of the Franchise; (c) Such customer or lessee shall not be construed to be a third -party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, unless such rights are otherwise granted by the City. Section 3. Non -Exclusive Franchise. Section 3.1. This Franchise is granted to the Franchisee upon the express condition and understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or hinder the City from granting to other parties, at other times and under such terms and conditions as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in, on, to, across, over, upon, along, under or through any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public Rights -of -Way or other public properties covered or affected by this Franchise, nor shall this 8 Franchise affect the City's jurisdiction, authority or power over any of them, in whole or in part. The City expressly retains its power to make or perform any and all changes, relocations, repairs, maintenance, establishments, improvements, dedications, or vacations of or to any of the roads, Public Rights -of -Way or other public properties covered or affected by the Franchise as the City may, in its sole and absolute discretion, deem fit, including the dedication, establishment, maintenance and/or improvement of new Public Rights -of -Way, thoroughfares and other public properties of every type and description. Section 4. Term; Early Termination. Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term Expiration Date"), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise. Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and, together with the Initial Term, the "Term"), unless either party provides one hundred twenty (120) days written notice to the other party to request an amendment to the Franchise. Section 5. Location of Facilities. Section 5.1. Franchisee is maintaining a telecommunications network, consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City's Infrastructure, Design and Construction standards and the Tukwila Municipal Code and subject to the City's applicable permit requirements. Franchisee shall not commence any construction or other similar work within a Public Right -of -Way until (i) a right- of-way use permit authorizing such work has been issued by the City pursuant to Title 11 TMC for a site -specific location or installation, including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building permit authorizing such work has been issued by the City. Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are part of the state highway system ("State Highways"), are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department 9 of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Franchisee specifically agrees that: (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. Section 6. Relocation of Facilities Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities when so required by the City due to any of the following reasons: (i) traffic conditions, (ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or improvement thereof, (iv) widening and/or improvement of existing rights -of -way, (v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road grade, or (viii) the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; PROVIDED that the Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of the same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee Facilities required to be temporarily disconnected or removed. The provisions of this Section 6. apply to all Franchisee Facilities wheresoever situated within any Public Right -of -Way, regardless of whether the Franchisee Facility at issue was originally placed in such location under the authority of an easement or other property interest prior to the property becoming a Public Right - of -Way. For the avoidance of doubt, such projects shall include any Right -of -Way improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit, and not primarily for the benefit of a private entity, and shall not include, without limitation, any other improvements or repairs undertaken by or for the sole benefit of third party private entities. Collectively all such projects 10 described in this Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060. Section 6.2. Upon the request of the City and in order to facilitate the design of City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and expense, to locate and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection so that the location of the facilities may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise are reasonably determined by the Public Works Director to be inadequate for the City's planning purposes. The decision to require relocation of any Franchisee Facilities in order to accommodate Public Projects shall be made by the Public Works Director upon review of the location and construction of the Franchisee Facilities at issue. Where the City incurs additional costs in performing any maintenance, operation, or improvement of or to public facilities due to measures taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly upon receiving the City's invoice for same. Section 6.3. Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction or development) which reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required relocation for purposes of this Section 6. Section 6.4. If the City determines that the Public Project necessitates the relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the 11 relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation Date, unless the City or a reviewing court establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to involve Franchisee in the predesign and design phases of any Public Project. After receipt of the written notice containing the Relocation Date, Franchisee shall relocate such facilities to accommodate the Public Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. Section 6.5. If Franchisee fails to complete this work within the time prescribed above and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to Franchisee, including all costs and expenses incurred by the City due to Franchisee's delay. In such event, the City shall not be liable for any damage to any portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment, and that delay results in any delay damage accrued by or against the City, Franchisee will be liable for all documented costs of construction delays attributable to Franchisee's failure to timely act. Franchisee reserves the right to challenge any determination by the City of costs for construction delays related to an alleged failure to act in accordance with this Section 6.5. Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19. against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or in the event of an emergency beyond the control of the City which will result in severe financial 12 consequences to the City, which necessitates the relocation of Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period specified by the City. Section 6.8. The provisions of this Section 6. shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 6.9. The provisions of this Section 6. shall survive the expiration, revocation, abandonment or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights -of -Way. Section 7. Undergrounding of Facilities. Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of permit application, the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to underground installation at Franchisee's expense; provided that the City requires all other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such facilities to underground installation at the same time. Unless otherwise permitted by the City, Franchisee shall underground its Facilities in all new developments and subdivisions, and any development or subdivision where all utilities, other than electrical utilities, are currently underground. Section 7.2. Whenever the City may require the undergrounding of the aerial utilities (other than electrical utilities and personal wireless services facilities) in any area of the City, Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any such relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee's own Facilities. "Common costs" shall include necessary costs not specifically 13 attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of Franchisee's Facilities being undergrounded in comparison to the total number and size of all other utility facilities being undergrounded. Section 7.3. To the extent Franchisee is providing Services to personal wireless services facilities, Franchisee shall adhere to the design standards for such personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards. For the purposes of clarity, this Section 7.3 does not require undergrounding or interior placement of Facilities within the pole to the extent that the personal wireless services facilities are located on utility poles that have pre-existing aerial wireline facilities and provided such construction of Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2. Section 7.4. Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights -of -Way along the extension of cable to be removed, except as provided in this Section 7.4. Franchisee may remove any underground cable and other related facilities from the Right -of -Way that has been installed in such a manner that it can be removed without trenching or other opening of the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights -of -Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 6. When the City determines, in the City's sole discretion, that Franchisee's underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section 9. , prior to any such removal of underground cable, conduit and other related facilities from the Right -of -Way and must provide as -built plans and maps pursuant to Section 13.1. Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the other parry's placement of utilities or increase such party's actual costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs to access the open trench and any costs associated with the delay of 14 the completion of a public works project. The City shall pay to the Franchisee the incremental costs of providing such access to the open trench. Section 7.6. The provisions of this Section 7. shall survive the expiration, revocation, abandonment or termination of this Franchise. Nothing in this Section 7. shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee's Facilities. Section 8. Emergency Work/Dangerous Conditions. Section 8.1. In the event of any emergency in which any of Franchisee's Facilities located in or under any street endangers the property, life, health or safety of any person, or if Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee shall respond within 24 hours to take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Tukwila City Hall is open for business. The City retains the right and privilege to cut or move any Facilities located within the Rights -of -Way of the City, in response to any public health or safety emergency. Section 8.2. The City shall not be liable for any damage to or loss of Facilities within the Rights -of -Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights -of -Way by or on behalf of the City, except to the extent directly and proximately caused by sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section 8. except to the extent caused by the sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. Section 8.3. Whenever the construction, installation or excavation of Facilities conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Public 15 Works Director may direct Franchisee, at Franchisee's own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property and take such reasonable actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. Section 9. Work in the Rights -of -Way. Section 9.1. During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, naggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice (except in the case of an emergency) of its intent to commence work in the Rights -of -Way. The City shall only issue permits that are in compliance with the TMC and the City's generally applicable design standards. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights -of - Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications. In no case shall any work commence within any Rights -of -Way without a permit, except as otherwise provided in this Franchise. Section 9.3. If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other, 16 upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7) days' prior notice of intended construction to residents in the affected area prior to any underground construction or disturbance. Such notice shall contain the dates, contact number, nature and location of the work to be performed. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed. Door hangers are permissible methods of notifications to residents. Franchisee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee's work shall, at the sole expense of Franchisee, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee's Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to protect above ground Facilities. Franchisee's tree trimming activities shall protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible 17 for all debris removal from such activities. All trimming shall be at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent such vegetation from coming in contact with Franchisee's Facilities. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend and hold harmless the City from third -party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Public Works Director or designee. Section 9.6. Franchisee shall meet with the City and other franchise holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights -of -Way. All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -of -Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time 18 limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 9.9. The provisions of this Section 9. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 10. Restoration. Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section 22. , promptly remove any obstructions from the Rights -of -Way and restore the surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights -of -Way not caused by Franchisee. The Public Works Director or designee shall have final approval of the condition of such Rights -of -Way after restoration. All concrete encased survey monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and specifications. Section 10.2. Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards. Section 10.3. If conditions (e.g. weather) make the complete restoration required under Section 10. impracticable, Franchisee shall temporarily restore the affected Right -of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section 10.4. In the event Franchisee does not repair a Right -of -Way or an improvement in or to a Right -of -Way within the time reasonably directed to by the Public Works Director, or designee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section 14.3 and 19 Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section 24. . Section 10.5. The provisions of this Section 10. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 11. Safety Requirements. Section 11.1. Franchisee shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights -of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 14.3 and Section 14.4. Section 11.3. Additional safety standards include: 20 (a) Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry -standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights -of -Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. Section 11.4. Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and (e) Establish conditions, consistent with the applicable laws, regulations, ordinances or generally applicable standards under which work may be resumed. Section 12. Work of Contractors and Subcontractors. Section 12.1. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. 21 Section 13. Maps and Records. Section 13.1. The Franchisee agrees and covenants that it shall, within thirty 30 days of substantial completion of any construction project involving a Public Right -of -Way, provide to the City, at no cost to the City, accurate copies of as -built plans and maps stamped and signed by a professional land surveyor, engineer, or other person or entity of similar professional background and experience providing such information in industry standard format, in a form and content acceptable to the Public Works Director or designee. Section 13.2. Within thirty (30) days of a written request from the Public Works Director, the Franchisee shall furnish the City with information sufficient to demonstrate: (1) that the Franchisee has complied with all applicable requirements of this Franchise; and (2) that all taxes, including but not limited to sales, utility and/or telecommunications taxes, due the City in connection with the Franchisee's services and Facilities provided by the Franchisee have been properly collected and paid by the Franchisee. Section 13.3. Books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights -of -Way and which are reasonably necessary to demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from the City, be made available for inspection by the City at reasonable times and intervals but no more than one time each calendar year or upon the City's reasonable belief that there has been a violation of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; provided, however, Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. Section 13.4. Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose 22 such information to comply with a utility tax audit, or in the event the City is permitted to charge franchise fees as further described in Section 15.1, or as otherwise required in this Franchise. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential, trade secret, or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee may take appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee's records reasonably related to the administration or enforcement of this Franchise and the collection of utility taxes, in accordance with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit. Section 14. Costs and Fees. Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise, not to exceed Five Thousand and no/100 Dollars ($5,000). No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee; further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of receipt of the invoice. Franchisee shall further be subject to 23 all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 14.3. Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities. Section 14.4. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. Billing will be made on a monthly basis. Section 15. City's Reservation of Rights 24 Section 15.1. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a Franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section 15.2. Franchisee acknowledges that its operation with the City constitutes a telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under TMC Chapter 3.50, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify or expand the taxes and fees that may be lawfully assessed on Franchisee's Services. Section 16. Police Powers and City Ordinances. Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of the Franchise granted by this Franchise Ordinance, including, but not limited to, any valid ordinance made in the exercise of the City's police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations, including design standards and utility accommodation policies, the location, elevation, manner of construction, and maintenance of any Franchisee Facilities located within any Public Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of law. In the event of a conflict between the regulatory provisions of 25 this Franchise Ordinance and any other ordinance(s) enacted under the City's police power authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth herein. Section 17. Limitation of City's Liability. Section 17.1. Administration by the City of the Franchise granted by this Franchise Ordinance shall not be construed to create the basis for any liability to any third party on the part of the City, its elected and appointed officials, officers, employees, and agents for any injury or damage from the failure of the Franchisee to comply with the provisions of this Franchise Ordinance; by reason of any plan, schedule or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of the Franchise by the City; or for the accuracy of plans submitted to the City. Section 18. Compliance with All Applicable Laws. Section 18.1. Each party agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City's police powers. Franchisee further agrees to remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written 26 request for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within ninety (90) days of the call for negotiations, either party may pursue any available remedies at law or in equity. Section 19. Indemnification Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 19.. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 19.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in 27 the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section 19.4. The parties acknowledge that this Franchise may be subject to RCW 4.24.115. Accordingly, 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 Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, intentional misconduct or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages, lost profits and consequential damages, brought by or under users of Franchisee's Facilities as the result of 28 any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors except to the extent any such damage or destruction is caused by or arises from the sole negligence or intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation, termination, or abandonment of this Franchise. Section 20. Insurance. Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the rights -of -way. (a) No Limitation. Franchisee's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. (b) Minimum Scope of Insurance. Franchisee shall obtain insurance of the types and coverage described below: (i) 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 liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. 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 Franchisee's Commercial General Liability insurance policy with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage. (ii) Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 29 (iii) Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (iv) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (v) Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as Franchisee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Contractor's Excess or Umbrella Liability insurance policy. (c) Minimum Amounts of Insurance. Franchisee shall maintain the following insurance limits. (i) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. Limits may be satisfied utilizing Excess or Umbrella policies. (ii) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (iii) Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. Limits may be satisfied utilizing Excess or Umbrella policies. (iv) Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. (d) Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as 30 respect the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of Franchisee's insurance and shall not contribute with it. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. (f) Verification of Coverage. Franchisee 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 Franchise. Upon request by the City, Franchisee shall furnish certified copies of all insurance policies required by Franchisee, including -endorsements, and evidence of all subcontractors' coverage. (g) Subcontractors. Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of Franchisee - provided insurance as set forth herein, except Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. (h) Notice of Cancellation. Franchisee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. (i) Failure to Maintain Insurance. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, terminate the Franchise or, at its discretion, procure or renew such necessary and appropriate insurance coverage as required by the Franchise and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. (j) City Full Availability of Franchisee Limits. If Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Franchisee, irrespective of whether such limits maintained by Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Franchisee. (k) Franchisee — Self -Insurance. If Franchisee is self -insured or becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply 31 with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available, subject to a mutually agreeable confidentiality agreement; (ii) Franchisee or its parent company is responsible for all payments within the self -insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in Section 19. Section 21. Bonds. Section 21.1. Construction Performance Bond. Upon an application for a permit involving excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the city in an amount equal to 150% of the construction cost, which should not be less than $2,000. The amount of the Performance Bond may be reduced during construction as determined by the City. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights -of -Way and other City properties affected by the construction; (5) submission of as -built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as - built drawings, and the posting of a Maintenance Bond as described in Section 21.2. Section 21.2. Maintenance Bond. Following excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City's release of the bond required by Section 21.1. Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable for the 32 term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section 20.1 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 22. Abandonment of Franchisee's Facilities. Section 22.1. Upon the expiration with no renewal request made within thirty (30) days of written notice by the City of the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way within sixty (60) days of receiving written notice from the Public Works Director or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee's Facilities must be first approved by the Public Works Director or designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Right -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such removal provided Franchisee shall not be responsible for any changes to the Right -of -Way not caused by Franchisee or any person doing work for Franchisee. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Section 22.3. Any Facilities which are not removed within one hundred eight (180) days of either the date of termination or revocation or the date the City issued a permit authorizing 33 removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22. shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord and such landlord later replaces, removes or relocates the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within the Right -of -Way within one hundred twenty (120) days of such notification from the landlord at no cost to the City. Section 22.5. The provisions of this Section 22. shall survive the expiration, revocation, abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in Rights -of -Way. Section 23. Forfeiture and Revocation. Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 23.2. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. This hearing does not give the right to either the City or Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the Tukwila City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Tukwila City Council does not grant any additional period, the Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may 34 be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. Section 24. Remedies to Enforce Compliance. Section 24.1. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise, the other party (the "Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the Non -Defaulting Party may 35 specify a longer cure period, and condition the extension of time on the Defaulting Parry's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no further notification pursuant to this Section 24. , (2) refuse to grant additional permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee, not to exceed $5,000 in any calendar year, or Franchise Bond set forth in Section 21.3. Section 25. Non -Waiver. Section 25.1. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. Section 26. Acceptance. Section 26.1. Within ninety (90) days of the approval of this Franchise Ordinance, the Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section 20. , any applicable construction Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3, and the administrative fee pursuant to Section 14.1. Section 27. Survival. Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section 7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise 36 shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. Section 28. Assignment. Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless prior written consent is provided to the City within ninety (90) days following the assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. Section 28.2. Any transactions which singularly or collectively result in a change of 50% or more of the (i) ownership or working control (for example, management of Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's Telecommunications facilities within the City; or (iii) control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within the City, shall be considered an assignment or transfer requiring notice to the City pursuant to this Franchise. Such transactions between affiliated entities are not exempt from notice requirements. A Franchisee shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of a Franchisee within ninety (90) days following the closing of the transaction. Section 29. Entire Agreement. Section 29.1. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. Section 30. Extension. 37 Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may, subject to applicable law: (a) Allow Franchisee to maintain and operate its Facilities on a month -to -month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or (b) The City may order the removal of any and all Facilities at Franchisee's sole cost and expense consistent with Section 22. Section 31. Eminent Domain. Section 31.1. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee's Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. Section 32. Vacation. Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the vacated portion of the Right -of -Way within which Franchisee may continue to operate existing Facilities under the terms of this Franchise for the remaining period of the term set forth in Section 4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area, in which Franchisee is located. The City may, after sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such vacated area. Section 33. Hazardous Substances. Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, 38 agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent caused by Franchisee's use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, whether or not intentional. Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise Ordinance. Section 34. Notice Section 34.1. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF TUKWILA FRANCHISEE Richard Hayes Astound Broadband 3700 Monte Villa Parkway Suite 110 Bothell, WA 98021 rhays@wavebroadband.com 360-631-4134 Joseph Kahl Astound Broadband 650 College Road East, Suite 3100 Princeton, NJ 08540 joe.kahl@astound.com 609-681-2184 Section 34.2. The Franchisee's current emergency contact shall be Richard Hayes and is reachable via the following number 360-631-4134, and shall be available 24 hours a day, seven days a week. The Franchisee shall promptly notify the City of any change in the notice address or emergency contact (or title) and phone number. 39 Section 35. Miscellaneous. Section 35.1. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. Section 35.2. City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Section 35.3. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. Section 35.4. This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or Snohomish County Superior Court. Section 35.5. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section 35.6. Where the context so requires, the singular shall include the plural and the plural include the singular. Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. Section 35.8. This Franchise may be enforced at both law and equity. Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other 40 liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 35.10. This Franchise is subject to all current and future applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules, or regulations. Section 35.11. There are no third party beneficiaries to this Franchise. 41 Attachment B STATEMENT OF ACCEPTANCE ASTOUND BROADBAND, LLC D/B/A ASTOUND BROADBAND, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. By: Date: Name: Title: STATE OF ) )ss. COUNTY OF ) On this day of , 2024, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of Residing at MY COMMISSION EXPIRES: 42 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/20/24 KS ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: MINDI MATTSON ORIGINAL AGENDA DATE: 5/20/24 AGENDA ITEM TITLE 2022 Emergency Management Preparedness Grant Reallocation Grant ($49,000) for 154 MHz Radio System CATEGORY ❑ Discussion Mtg Date Motion Mtg Date 5/20/24 Resolution AItg Date ❑ Ordinance Mtg Date Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Tukwila Emergency Management has been awarded The Emergency Management Preparedness Grant (EMPG) in the amount of $49,000 to provide updates to the existing system that was originally installed in 1970 and has undergone minimum updates. The updates to the system will include additional radio repeaters to expand the reach of the existing system, a new duplexer, and several new 154 MHz radios. We request that this item be moved forward to consent agenda for the 5/20 Committee of the Whole Meeting. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 5/13/24 COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: MTG DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/20/24 Informational Memorandum dated 5/10/24 Grant Agreement (updated after Committee) Minutes from the 5/13 CSS Committee meeting (distributed separately) 43 44 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Eric Dreyer, Chief of Police BY: Kayla Sainati, Emergency Management Coordinator CC: Mayor Thomas McLeod DATE: May 10, 2024 SUBJECT: 2022 EMPG Reallocation Grant — Acceptance Requested ISSUE Accept the 2022 Emergency Management Preparedness Grant (EMPG) Reallocation Grant in the amount of $49,000 that will fund upgrades to the 154 MHz Radio System that is used for Public Works communications during emergencies. BACKGROUND The EMPG will provide updates to the existing system that was originally installed in 1970 and has undergone minimum updates. The updates to the system will include additional radio repeaters to expand the reach of the existing system, a new duplexer, and several new 154 MHz radios. DISCUSSION On March 4, 2024, Tukwila Emergency Management submitted a project proposal in the amount of $49,000 that would provide funding for updates to the 154 MHz Radio system. On April 9, 2024, we received confirmation that we had been awarded the grant. The Emergency Management Performance Grant Program (EMPG) is a federal grant provided to local governments to assist in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended. The program's goal is to further assist communities in preparing for hazards in their community by providing funding for a range of projects, including public education, community preparedness, equipment purchases, and more. This goal is well -aligned with the mission of the Emergency Management Division to make the Tukwila community more prepared for the disaster(s) we may experience, and thereby make the community more resilient to the consequences and impacts of disasters. If provided with approval for acceptance, Emergency Management will be able update a failing communications system. Ultimately, helping to increase coordination and situational awareness during an incident or disaster. FINANCIAL IMPACT The expected incremental expense to the city is little to none. While the grant does require a matching component, it's structured such that Tukwila's contribution comes in the form of Emergency Management personnel's already -budgeted payroll expenditures. The 2022 EMPG Reallocation Grant will be considered unbudgeted revenue that is incremental the 2024 Revenue Budget. EMPG requires the matching component to demonstrate that our jurisdiction has invested in emergency management programs. Project Budget Fund Source Grant Award $49,000 EMPG City Match $49,000 Budgeted Payroll 45 INFORMATIONAL MEMO Page 2 RECOMMENDATION Council is being asked to accept the EMPG grant award for upgrades to 154 MHz Radio System in the amount of $49,000 and consider this item on the Consent Agenda at the May 20th Regular Council Meeting. Attachments: • Grant Agreement 46 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Mayor's Office/22 EMPG Reallocation Grant - Information Memo.docx Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: City of Tukwila 15005 Tukwila International Blvd Tukwila, WA 98188-2245 2. Grant Agreement Amount: $49,000 3. Grant Agreement Number: E24-334 4. Subrecipient Contact, phone/email: Mindi Mattson, 206-971-8750 m.mattson@tukwilawa.gov 5. Grant Agreement Start Date: January 1, 2024 6. Grant Agreement End Date: September 30, 2024 7. Department Contact, phone/email: Deborah Henderson, 253-512-7470 Deborah.henderson@mil.wa.gov 8. Unique Entity Identifier (UEI): UEQNMC26C8T3 9. UBI # (state revenue): 179-000-208 10. Funding Authority: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS) 11. Federal Award ID # (FAIN): EMS-2022-EP-00006-S01 12. Federal Award Date: 08/23/2022 13. Assistance Listings # & Title: 97.042 (22EMPG) 14. Total Federal Amount: $8,625,483 15. Program Index # & OBJ/SUB-OBJ: 723PT NZ 16. EIN: 91-6001519 17. Service Districts: (BY LEGISLATIVE DISTRICT): 11, 33, 37 (BY CONGRESSIONAL DISTRICT): 7, 9 18. Service Area by County(ies): King 19. Women/Minority-Owned, Certified: • YES, OMWBE State X N/A • NO # 20. Agreement Classification: • Personal Services • Client Services © Public/Local Gov't • Research/Development • A/E • Other 21. Contract Type (check all that apply): • Contract © Grant © Agreement • Intergovernmental (RCW 39.34) • Interagency 22. Subrecipient Selection Process: © "To all who apply & qualify" • Competitive Bidding • Sole Source • A/E RCW • N/A • Filed w/OFM? • Advertised? ■ YES • NO 23. Subrecipient Type (check all that apply): • Private Organization/Individual • For -Profit © Public Organization/Jurisdiction • Non -Profit • CONTRACTOR © SUBRECIPIENT ■ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2022 Emergency Management Performance Grant (22EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass -through Entity of the 22EMPG DHS Award Letter for Grant No. EMS-2022-EP-00006- S01 ("Grant"), which is incorporated in and attached hereto as Attachment C and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); 22EMPG Award Letter EMS-2022-EP-00006-S01 (Attachment C); Work Plan (Attachment D); Timeline (Attachment E); Budget (Attachment F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Allan Ekberg, Mayor Washington State Military Department City of Tukwila BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Dierk Meierbachtol August 1, 2022 Assistant Attorney General Signature Date DHS-FEMA-EMPG-FY22 Page 1 of 37 City of Tukwila OEM, E2 34 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Mindi Mattson Name Deborah Henderson Title Emergency Manager Title Program Coordinator Email m.mattson@tukwilawa.gov Email deborah.henderson@mil.wa.gov Phone 206-971-8750 Phone 253-512-7470 Name Eric Dreyer Name Peter Drance Title Police Chief Title Program Manager Email E.Drever@tukwilawa.gov Email peter.drance@mil.wa.gov Phone 206-433-3669 Phone 253-512-7322 Name Kayla Sainati Name Grant Miller Title Preparedness & Outreach Title Program Assistant Email k.sainati@tukwilawa.gov Email grant.miller@mil.wa.gov Phone 206-465-7071 Phone 253-512-7061 ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 22EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2022 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document, Version 3, May 2022 (the Manual), the DHS Award Letter for the Grant, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the performance period may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 22EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. If the Subrecipient becomes a pass -through entity by making a subaward to a non-federal entity as its subrecipient: The Subrecipient must comply with all federal laws and regulations applicable to pass -through entities of 22EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 22EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of D413FEMA-EMPG-FY22 Page 2 of 37 City of Tukwila OEM, E24-334 Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2022 Emergency Management Performance Grant (EMPG) document, the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 22EMPG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget (Attachment F), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix VII to 2 CFR 200: i. If the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements. ii. If the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of ten percent (10%) or 10% of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred, the Subrecipient must contact Department Key Personnel for approval steps. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at https://www.qsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements(a�mil.wa.gov no later than the due dates listed within the Timeline (Attachment E). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g• The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment E). For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled DHS-FEMA-EMPG-FY22 Page 3 of 37 City of Tukwila OEM, E244 reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. A written amendment will be required if the Subrecipient expects cumulative transfers to approved, direct budget categories, as identified in the Budget (Attachment F), to exceed ten percent (10%) of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. m. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment D) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: j• DinFEMA-EMPG-FY22 Page 4 of 37 City of Tukwila OEM, E24-334 Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. Inventory system records shall include: A. Description of the property B. Manufacturer's serial number, or other identification number C. Funding source for the property, including the Federal Award Identification Number (FAIN) (Face Sheet, Box 11) D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box 13) E. Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use, and condition of the property at the date the information was reported I. Disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of the equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the DHS-FEMA-EMPG-FY22 Page 5 of 37 City of Tukwila OEM, E2t)34 project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per -unit fair -market value of $5,000 or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per -unit fair -market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six -year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment categories for the grant program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/qrants/quidance-tools/authorized-equipment-list. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program; the AEL includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under the grant program, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.cisa.gov/safecom/funding, ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or DI6S2FEMA-EMPG-FY22 Page 6 of 37 City of Tukwila OEM, E24-334 g• Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered telecommunications equipment or services means: iv. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); v. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); vi. Telecommunications or video surveillance services provided by such entities or using such equipment; or vii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/qrants/guidance-tools/environmental-historic all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for DHS-FEMA-EMPG-FY22 Page 7 of 37 City of Tukwila OEM, E2t�34 DIFEMA-EMPG-FY22 projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.317 through 200.327 and as specified in the General Terms and Conditions (Attachment B, A.10). b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass -through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: viii. Review of financial and performance reports ix. Monitoring and documenting the completion of Agreement deliverables x. Documentation of phone calls, meetings (e.g. agendas, sign -in sheets, meeting minutes), e-mails and correspondence xi. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements xii. Observation and documentation of Agreement related activities, such as exercises, training, events, and equipment demonstrations xiii. On -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass - through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order Page 8 of 37 City of Tukwila OEM, E24-334 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on https://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. In order to receive federal preparedness funding from the Department, the Subrecipient must achieve, or be actively working to achieve, all of the NIMS Implementation Objectives located at https://www.fema.gov/emergency-managers/nims/implementation-traininq. B. EMPG PROGRAM SPECIFIC REQUIREMENTS The Department receives EMPG funding from DHS/FEMA, to assist state, local, and tribal governments to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). A portion of the grant program is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. a. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. b. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. c. The Subrecipient shall provide a fifty percent cash match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted and approved in the application and documented in the Budget (Attachment F). To meet matching requirements, the Subrecipient's cash matching contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. DHS-FEMA-EMPG-FY22 Page 9 of 37 City of Tukwila OEM, E2t34 d. The Subrecipient shall participate in the State's annual Stakeholder Preparedness Review (SPR), Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. Non -participation may result in withholding of funding under future grant years. e. Subrecipients shall participate in the State's annual Integrated Preparedness Planning Workshop (IPPW). Non -participation may result in withholding of funding under future grant years. f. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, https://www.fema.gov/sites/default/files/2020- 04/Training Course Review and Approval IB Final 7 19 18.pdf, the training must fall within the FEMA mission scope and be in alignment with the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. All personnel funded in any part through federal award or matching funds under this Agreement shall complete and record proof of completion of: i. NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/emergency-managers/nims/implementation-training (to include ICS- 100, ICS-200, IS-700, and IS-800 for most personnel) and ii. Either (1) the FEMA Professional Development Series IS-120, IS-230, IS-235, IS-240, IS- 241, IS-242, and IS-244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. h. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. g. C. DHS TERMS AND CONDITIONS As a Subrecipient of 22EMPG funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 22EMPG Award Letter and its incorporated documents for the Grant, which are incorporated and made a part of this Agreement as Attachment C. DF#$.FEMA-EMPG-FY22 Page 10 of 37 City of Tukwila OEM, E24-334 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass -through entity making a subaward to a Subrecipient under this Agreement. c. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities, and policies. e. "Stakeholders Preparedness Report (SPR)" The SPR is an annual three -step self -assessment of a community's capability levels based on the capability targets identified in the THIRA. f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for all other purposes. "Threat and Hazard Identification and Risk Assessment (THIRA)" The THIRA is a three -step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. g. DHS-FEMA-EMPG-FY22 Page 11 of 37 City of Tukwila OEM, E2t34 A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at https://mil.wa.gov/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.qov/SAM/) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (https://www.des.wa.qov/services/contracting- purchasinq/doinq-business-state/vendor-debarment). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. A.8 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DinFEMA-EMPG-FY22 Page 12 of 37 City of Tukwila OEM, E24-334 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319, 12935, 3 CFR 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 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) 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 must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 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 Tess than once a week. The non-federal entity 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 must report all suspected or reported violations to the federal awarding agency. 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 CFR Part 3, "Contractors and DHS-FEMA-EMPG-FY22 Page 13 of 37 City of Tukwila OEM, E2t4 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 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 must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity 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 CFR 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. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient 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 must comply with the requirements of 37 CFR 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. 7) 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 and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR 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. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—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. 10) Procurement of recovered materials -- As required by 2 CFR 200.323, a non-federal entity 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 CFR part DnFEMA-EMPG-FY22 Page 14 of 37 City of Tukwila OEM, E24-334 247 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 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. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six (6) years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy -American Preferences for Infrastructure Projects," and as appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub -award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.R. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115- 232 (2018). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The determination of the dispute resolution board shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. DHS-FEMA-EMPG-FY22 Page 15 of 37 City of Tukwila OEM, E2t)34 A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION During the performance of this agreement, the Subrecipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, DIFEMA-EMPG-FY22 Page 16 of 37 City of Tukwila OEM, E24-334 mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right DHS-FEMA-EMPG-FY22 Page 17 of 37 City of Tukwila OEM, E2ty4 of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. c. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" DIFEMA-EMPG-FY22 Page 18 of 37 City of Tukwila OEM, E24-334 means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 OR Contracts.Office@mil.wa.gov The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Workers' Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg. 4.3.1.1.8. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the State of Washington in their own right. If the Subrecipient is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and DHS-FEMA-EMPG-FY22 Page 19 of 37 City of Tukwila OEM, E2t34 expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. D161$.FEMA-EMPG-FY22 Page 20 of 37 City of Tukwila OEM, E24-334 If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; c. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women's Business Enterprises (OMWBE). To the extent possible, the Subrecipient will solicit and encourage minority -owned and women -owned business enterprises who are certified by the OMWBE under the state of Washington certification program to apply and compete for work under this contract. Voluntary numerical MWBE participation goals have been established, and are indicated herein: Minority Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. g. DHS-FEMA-EMPG-FY22 Page 21 of 37 City of Tukwila OEM, E2•034 A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DFEMA-EMPG-FY22 Page 22 of 37 City of Tukwila OEM, E24-334 Attachment C 22EMPG Award Letter EMS-2022-EP-00006-S01 Award Letter U.S. Department of Homeland Security Washington , D.C. 20472 Bret Daugherty Washington Military Department Building 20 Camp Murray, WA98430 - 5122 Re. Grant No.EMS-2022-EP-00006 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2022 Emergency Management Performance Grants has been approved in the amount of $8,625,483.00. As a condition of this award, you are required to contribute a cost match in the amount of $8,625,483.00 of non -Federal funds, or 50 percent of the total approved project costs of $17,250,966.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: - Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) - FY 2022 Emergency Management Performance Grants Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https://portal.fema.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http:llww.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process. PATRICK GERARD MARCHAM DHS-FEMA-EMPG-FY22 Page 23 of 37 City of Tukwila OEM, E2t4 Agreement Articles Fri Oct 01 00:00:00 GMT 2021 GRANTEE: PROGRAM: AGREEMENT NUMBER: U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Emergency Management Performance Grants Washington Military Department Emergency Management Performance Grants EMS-20 22-E P-0 0008- S01 TABLE OF CONTENTS Article I DHS Standard Terms and Conditions Generally Article II Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article III General Acknowledgements and Assurances Article IV Acknowledgement of Federal Funding from OHS Article V Activities Conducted Abroad Article VI Age Discrimination Act of 1976 Article VII Americans with Disabilities Act of 1990 Article VIII Best Practices for Collection and Use of Personally Identifiable Information Article IX Civil Rights Act of 1984 - Title VI Article X Civil Rights Act of 1988 Article XI Copyright Article XII Debarment and Suspension Article XIII Drug -Free Workplace Regulations DkFEMA-EMPG-FY22 Page 24 of 37 City of Tukwila OEM, E24-334 Article XIV Duplication of Benefits Article XV Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article XVI Energy Policy and Conservation Act Article XVII False Claims Act and Program Fraud Civil Remedies Article XVIII Federal Debt Status Article XIX Federal Leadership on Reducing Text Messaging while Driving Article XX Fly America Act of 1974 Article XXI Hotel and Motel Fire Safety Act of 1990 Article XXII John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article XXIII Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Article XXIV Lobbying Prohibitions Article XXV National Environmental Policy Act Article XXVI Nondiscrimination in Matters Pertaining to Faith -Based Organizations Article XXVII Non -Supplanting Requirement Article XXVIII Notice of Funding Opportunity Requirements Article XXIX Patents and Intellectual Property Rights Article XXX Procurement of Recovered Materials Article XXXI Rehabilitation Act of 1973 Article XXXII Reporting of Matters Related to Recipient Integrity and Performance Article XXXIII Reporting Subawards and Executive Compensation Article XXXIV Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article XXXV SAFECOM DHS-FEMA-EMPG-FY22 Page 25 of 37 City of Tukwila OEM, E24 )34 Article XXXVI Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article XLII Article XLIII Terrorist Financing Trafficking Victims Protection Act of 2000 (TVPA) Universal Identifier and System of Award Management USA PATRIOT Act of 2001 Use of DHS Seal, Logo and Flags Whistleblower Protection Act Environmental Planning and Historic Preservation (EHP) Review Applicability of DHS Standard Terms and Conditions to Tribes Article XLIV Acceptance of Post Award Changes Article XLV Disposition of Equipment Acquired Under the Federal Award Article XLVI Prior Approval for Modification of Approved Budget Article XLVII Indirect Cost Rate Article I - DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.govlpublication/fy15-dhs-standard-terms-and-conditions. Article 11 - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement,recipients,andtheirexecutives,as defined in 2 C.F.R.section170.315, certifythat their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article III - General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Di FEMA-EMPG-FY22 Page 26 of 37 City of Tukwila OEM, E24-334 I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article IV - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article V - Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VI - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article VII - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 - 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article VIII - Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article IX - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity DHS-FEMA-EMPG-FY22 Page 27 of 37 City of Tukwila OEM, E24d4 receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article X - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) - be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XI - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XII - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XIII - Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XIV - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XV - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article XVI - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XVII - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XVIII - Federal Debt Status Dk4FEMA-EMPG-FY22 Page 28 of 37 City of Tukwila OEM, E24-334 All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XIX - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article XX - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXI - Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a. Article XXII - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXIII - Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www. dhs. gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article XXIV - Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to 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 any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXV - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXVI - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social DHS-FEMA-EMPG-FY22 Page 29 of 37 City of Tukwila OEM, E2474 services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXVII - Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXVIII - Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXIX - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXX - Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) 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. Article XXXI - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXII - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXII! - Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIV - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. DItFEMA-EMPG-FY22 Page 30 of 37 City of Tukwila OEM, E24-334 Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (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. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act I FEMA.gov. Article XXXV - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXVI - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXXVII - Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons: DHS-FEMA-EMPG-FY22 Page 31 of 37 City of Tukwila OEM, E2474 Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference. Article XXXVIII - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XXXIX - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article XL - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLI - Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XLII - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. Article XLIII - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article XLIV - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the DThFEMA-EMPG-FY22 Page 32 of 37 City of Tukwila OEM, E24-334 award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD©fema.dhs.gov if you have any questions. Article XLV - Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. Article XLVI - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article XLVII - Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. BUDGET COST CATEGORIES Personnel $4,529,534.00 Fringe Benefits $1,604,921.00 Travel $0.00 Equipment $10,000.00 Supplies $94,353.00 Contractual $10,598,626.00 Construction $0.00 Indirect Charges $405,086.00 Other $8,446.00 DHS-FEMA-EMPG-FY22 Page 33 of 37 City of Tukwila OEM, E2474 Obligating Document for Award/Amendment la. AGREEMENT NO. EMS-2022-EP-00006- S01 6. RECIPIENT NAME AND ADDRESS Washington Military Department Building 20 Camp Murray, WA, 98430 - 5122 9. NAME OF RECIPIENT PROJECT OFFICER Tirzah Kincheloe 2. AMENDMENT NO. 3. RECIPIENT NO. N/A 7. ISSUING FEMA OFFICE AND ADDRESS FEMA-GPD 400 C Street, SW, 3rd floor Washington, DC 20472-3645 POC: 866-927-5646 PHONE NO 2535127456 11. EFFECTIVE DATE OF 12. THIS ACTION METHOD 08/23/2022 OF PAYMENT PARS 1 5. DESCRIPTION OF a. (Indicate funding data PROGRAM CFDA N NAME ACRONYM Emergency 97.042 Management Performance Grants Emergency 97.042 Management Performance Grants 4. TYPE OF ACTION AWARD 5. CONTROL NO. SX00503N2022T , SX00503N2022T 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603 10. NAME OF FEMA PROJECT COORDINATOR Central Scheduling and Information Desk Phone: 800-368-6498 Email: Askcsid@dhs.gov 13. ASSISTANCE ARRANGEMENT Cost Reimbursement ACTION for awards or financial changes) O. ACCOUNTING DATA (ACCS CODE) XXXX-XXX-x XXXX- XXXXX-XXXX-XXXX-- 2022-FA-GA01-R107--4120-D 2022-FE-GA01-R107- -4120-D PRIOR AMOUNT TOTAL AWARDED AWARD THIS ACTION + OR (-) $0.00 $7,560,609.00 $7,560,609.00 $0.00 $1,064,874.00 $1,064,874.00 $0.00 $8,625,483.00 $8,625,483.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 14. PERFORMANCE PERIOD From: 10/01/2021 Budget Period 10/01/2021 To: 09/30/2024 09/30/2024 CURRENT CUMULATIVENON- TOTALFEDERAL COMMITMENT AWARD See Totals See Totals $8,625,483.00 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Sierra Wardell, Preparedness Grants Section Section Supervisor 18. FEMA SIGNATORY OFFICIAL (Name and Title) PATRICK GERARD MARCHAM, DATE Fri Aug 26 21:02:34 GMT 2022 DATE Tue Aug 23 16:59:20 GMT 2022 DII&FEMA-EMPG-FY22 Page 34 of 37 City of Tukwila OEM, E24-334 Attachment D WORK PLAN FY 2022 Emergency Management Performance Grant Emergency Management Organization: City of Tukwila Office of Emergency Management Project Title Core Capability Emergency Communications Update Operational Communications How does this project support the goals of the EMO's emergency management program? The City of Tukwila has a Multi -Use Radio Service (MURS) analog system that was installed in the 1970s and, while still operational, the system is failing and requires some significant updates to ensure the system remains operational. The City maintains the FCC license for this system and uses it during all emergency operations for internal (inter- and intra- departmentally) operational response communications. Currently, there are significant dead zones because of the lack of repeaters in the city. Adding two to three repeaters and updating the radios will increase the system's redundancy and resilience. Conducting the necessary updates and increasing the system's resilience will ensure that Emergency Management is able to maintain operational communications with its departments following an emergency/disaster or other critical infrastructure failure. Once updated, this system is expected to be low maintenance and reliable, providing for a one-time investment with little to no planned, on -going investments. An example of this critical infrastructure working as intended: Following the Nisqually earthquake, this was the only system that remained operational during the City's response and allowed for operational communications to continue. Operational Communications are considered critical to Tukwila and this system has been indicated in our CEMP as a communications resource. What is the desired outcome of the project? By providing the necessary updates to the system and adding some additional repeaters, the City of Tukwila will ensure that the City Staff will be able to communicate with one another and with the EOC during emergency operations and when all other technology has failed. The updates to the system will bring operational capabilities from around 50% (currently with the failing system) to 100%. The updates will also ensure that the system increase our city's preparedness for dire events and positions us well for resilience in the aftermath. How will successful completion be measured? Successful completion will be measured by the completion of the upgrade and testing of the system to ensure the system is fully operational and operates as intended with no dead zones and clear radio communications for all departments throughout the City. How does this project support community and/or stakeholder collaboration to foster a culture of preparedness and resilience? The upgrades to this system would include careful collaboration with several internal departments including our Technology Information Systems, Public Works Department, and Police. Externally, this update and integration would work closely with our Technology Emergency Communications Team (TEC Team), a non-profit that monitors and responds to all emergency operational communications. An update to this system would also benefit several local partners that wish to "piggy back" off of our system. In the recent years, the City of Enumclaw has "piggy backed" off of our system when their city communications were compromised. These updates will also benefitTukwila's community members during and immediately after a disaster, allowing the several Tukwila departments and local partners to collaborate and communicate throughout the city to coordinate an efficient and appropriate response. DHS-FEMA-EMPG-FY22 Page 35 of 37 City of Tukwila OEM, E2t)34 Attachment E TIMELINE FY 2022 Emergency Management Performance Grant DATE TASK January 1, 2024 Grant Agreement Start Date September 30, 2024 Grant Agreement End Date November 14, 2024 Submit final reimbursement request, final requirement report, and/or other deliverables. report, training The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the above Timeline. For waived or extended reimbursement due dates, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the above Timeline. DikFEMA-EMPG-FY22 Page 36 of 37 City of Tukwila OEM, E24-334 Attachment F BUDGET FY 2022 Emergency Management Performance Grant 22EMPG AWARD SOLUTION AREA BUDGET CATEGORY Personnel & Fringe Benefits Travel/Per Diem Z Supplies $ 49,000.00 EMPG AMOUNT MATCH AMOUNT gConsultants/Contracts a Other Subtotal $ z Personnel & Fringe Benefits 0 Travel/Per Diem Ni Supplies Z 49,000 Q Other ,. $ 111.03 $ - 0 Subtotal $ 5,020.51 $ 49,000 Personnel & Fringe Benefits $ - $ - Travel/Per Diem H $ - $ - Supplies 0 $ - $ - X Consultants/Contracts $ - $ - w Other $ - $ - Subtotal $ - $ - Personnel & Fringe Benefits $ - $ - Travel/Per Diem $ - $ - Z Z Supplies $ - $ - Q Consultants/Contracts $ - $ - - Other $ - $ - Subtotal $ - $ - 5 Equipment $ 38,267.88 $ - Cf W Subtotal $ 38,267.88 $ - Personnel & Fringe Benefits $ - $ - Travel/Per Diem $ - $ - Supplies $ - $ - 2 Consultants/Contracts $ - $ - Other $ - $ - Subtotal $ - $ - Indirect $ TOTAL Grant Agreement AMOUNT: $ 5,712 $ 49,000 $ 49,000 The Subrecipient will provide a match of $49,000 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). Cumulative transfers to budget categories in excess of ten percent (10%) of the Grant Agreement Amount will not be reimbursed without prior written approval from the Department. Funding Source: U.S. Department of Homeland Security - PI# 723PT — EMPG DHS-FEMA-EMPG-FY22 Page 37 of 37 City of Tukwila OEM, E2ty4 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before completing this form. NAME OF ORGANIZATION City of Tukwila DATE SUBMITTED PROJECT DESCRIPTION 22 EMPG Reallocation - Radio System Updates CONTRACT NUMBER E24- 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Thomas McLeod Mayor 2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATURE PRINT OR TYPE NAME TITLE Thomas McLeod Mayor Marty Wine City Administrator 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE Mindi Mattson Emergency Manager \\NAC-1\VOL1\HOME\KARENB\....\WP\SIGNAUTH Revised 3/03 84 INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM This form identifies the persons who have the authority to sign contracts, amendments, and requests for reimbursement. It is required for the management of your contract with the Military Department (MD). Please complete all sections. One copy with original signatures is to be sent to MD with the signed contract, and the other should be kept with your copy of the contract. When a request for reimbursement is received, the signature is checked to verify that it matches the signature on file. The payment can be delayed if the request is presented without the proper signature. It is important that the signatures in MD's files are current. Changes in staffing or responsibilities will require a new signature authorization form. 1. Authorizing Authority. Generally, the person(s) signing in this box heads the governing body of the organization, such as the board chair or mayor. In some cases, the chief executive officer may have been delegated this authority. 2. Authorized to Sign Contracts/Contract Amendments. The person(s) with this authority should sign in this space. Usually, it is the county commissioner, mayor, executive director, city clerk, etc. 3. Authorized to Sign Requests for Reimbursement. Often the executive director, city clerk, treasurer, or administrative assistant have this authority. It is advisable to have more than one person authorized to sign reimbursement requests. This will help prevent delays in processing a request if one person is temporarily unavailable. If you have any questions regarding this form or to request new forms, please call your MD Program Manager. 85 86 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/20/24 LH ITEM INFORMATION ITEM NO. 4.E. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 5/20/24 AGENDA ITEM TITLE Resolution adopting 2025 SKHHP Work Plan and Operating Budget CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mtg Date 5/20/24 ❑ 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 SUMMARY Consistent with the SKHHP Interlocal Agreement, the SKHHP 2025 work plan and budget must be adopted by the SKHHP Executive Board and approved by each member jurisdiction's legislative body. REVIEWED BY ❑ Trans&Infrastructurc Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC DATE: MARTINEZ ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMIl`l'EE CHAIR: 5/13/24 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $13,118 AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/20/24 MTG. DATE ATTACHMENTS 5/20/24 Informational Memo dated 5/7/24 Presentation Draft Resolution Minutes from the 5/13 PCD Committee (distributed separately) 87 88 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Community Development Committee FROM: Claire Goodwin , Executive Manager, SKHHP Laurel Humphrey, Legislative Analyst DATE: May 7, 2024 SUBJECT: Resolution adopting the 2025 SKHHP Work Plan and Budget BACKGROUND The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement between nine South King County cities and King County to work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. SKHHP currently has 12 member jurisdictions. Consistent with the SKHHP Interlocal Agreement, the SKHHP 2025 work plan and budget must be adopted by the SKHHP Executive Board and approved by each member jurisdiction's legislative body. DISCUSSION Every year, an annual work plan and budget is developed in collaboration with the SKHHP Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the coming year. Pursuant to the SKHHP Interlocal Agreement, each participating jurisdiction must approve SKHHP's annual budget and work plan. The 2025 Executive Board recommended work plan was developed through surveys to the Executive and Advisory Boards on their priorities in February and an interactive in -person discussion with the Executive Board in March. The draft 2025 work plan and budget was adopted on April 19, 2024 at the Executive Board's regularly scheduled meeting. The 2025 work plan includes four goals with corresponding action items. Each action item is prioritized as higher, medium, or lower priority. Indicators are included to measure progress on the goals. The four goals, which are the same as 2024's goal, include the following: 1. Fund the expansion and preservation of affordable housing 2. Develop policies that expand and preserve affordable housing 3. Serve as an advocate for South King County 4. Manage operations and administration The 2025 SKHHP operating budget totals $468,237, supporting two full-time staff, and includes itemization of all categories of budgeted expenses and itemization of each jurisdiction's contribution, including in -kind services. Operating revenues originate from SKHHP member contributions. As discussed last year with Council, contributions are proposed to increase 15% annually for each member jurisdiction through 2026 as approved by the Executive Board in July 2021 to work towards a balanced budget whereby SKHHP's revenues can fully support the budgeted expenditures. These projected member contributions assume no additional staff would be added. Member contributions are based 89 INFORMATIONAL MEMO Page 2 on population size accordingly, and no members are moving into a new population tier in 2025: Population tier 2023 Contribution 2024 Contribution 2025 Contribution 2026 Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001- 35,000 $9,919 $11,407 $13,118 $15,085 35,001- 65,000 $19,838 $22,814 $26,236 $30,172 65,000 - 100,000 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 Salaries and benefits are proposed to increase by 5% in 2025. Interfund IT, which is the amount paid to SKHHP's administering agency (City of Auburn) for IT services, is proposed to increase by 11%. Advisory Board compensation, SKHHP staff travel, and supplies remain unchanged in 2025. Professional services/Misc. is proposed to increase to accommodate necessary legal assistance for the development and review of SKHHP's housing contracts and funding documents. This line item also incorporates budgeted expenses for professional development from 2024 to align with the administering agency's expenditure categories. SKHHP continues to spend down the fund balance from cost -savings in 2019 and 2020 to mitigate any additional increases to member contributions. The 2025 Executive Board recommended operating budget also includes the spend -down of interest earnings accrued primarily from Housing Capital Fund contributions. Interest earned between 2019 and 2023 by jurisdiction/entity to be applied to the operating fund balance are as follows: Interest Earned by Jurisdiction 2019-2023 Auburn $8,653 Burien $6,588 Covington $8,036 Des Moines $2,534 Federal Way $11,276 Kent $97,962 Maple Valley -- Normandy Park $281 Renton $16,726 SeaTac -- Tukwila $975 King County $488 KCHA $9 TOTAL $153,529 90 INFORMATIONAL MEMO Page 3 To spend the interest earnings requires the approval of each SKHHP member with allocated accrued interest based on their contributions. With the adoption of the 2025 SKH HP operating budget which incorporates the interest earnings into the SKHHP operating fund balance, the City Council is providing authorization for SKHHP to use those funds towards the operating budget. These funds will assist in future years should there be an economic recession and members choose to pause an increase in dues. RECOMMENDATION Staff recommends Committee approval of the resolution to forward to the May 20, 2024 Regular Consent Agenda. 1. The 2025 SKHHP work plan and budget is consistent with the Interlocal Agreement and relevant subsequent Companion Agreements between Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Tukwila, and King County. 2. The 2025 SKHHP work plan and budget incorporates the feedback and priorities of the SKHHP Executive Board made up of representatives of each participating jurisdiction and the Advisory Board made up of South King County community members, representatives of housing organizations, and affordable housing subject matter experts. ATTACHMENTS 1.Presentation 2.Draft Resolution 91 92 At South King Housing and Homelessness Partners (SKHHP) 2025 Work Plan and Budget May 13, 2024 SK:I: CO id About SKHHP ■ 2019: SKHHP was formed via an Interlocal Agreement • Twelve member jurisdictions include: ▪ Auburn Federal Way ° Renton ▪ Burien Kent ° SeaTac ▪ Covington Maple Valley ° Tukwila ▪ Des Moines Normandy Park King County • Mission: • South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. • Interlocal agreement requires City Council adoption of annual work plan and budget SKT'� itt 2025 Work Plan Development Process Executive Board Survey Advisory Board Survey Draft review by Staff Work Group Executive Board reviews draft and provides feedback Final draft reviewed by Advisory Board and Staff Work Group Final draft reviewed and adopted at April 19 Executive Board meeting Council adoption You are here! SKT'� O) 2025 Work Plan Goals 1 • • • I� 1• 1. Fund the expansion and preservation of affordable housing. 2. Develop policies to expand and preserve affordable housing. 3. Serve as an advocate for South King County. 4. Manage operations and administration. 4 SK:I: id 2025 Operating Budget • Total operating budget: $468,237 • 68% funds salary and benefits (2 FTEs) • Revenue: • Operating revenues come from member jurisdiction annual contributions and based on population tiers • Executive Board adopted policy in July 2021 • 15% increase in member contributions each year through 2026 • Expenses: • Professional services/Misc. increasing to accommodate the legal assistance needed for the development of housing contracts and third -party review of applications • Incorporates professional development from 2024 budget • Continuing to spend down cost savings from first two years to balance additional contribution increases • Interest earnings incorporated into operating fund balance SKD CO CO id Operating Contributions by Population Member Jurisdiction Population Tier 2023 Contribution 2024 Contribution 2025 Contribution 2026 Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001 — 35,000 $9,919 $11,407 $13,118 $15,085 35,001 — 65,000 $19,838 $22,814 $26,236 $30,172 65,000 —100,000 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 SKEZD #1, Population by City and Year SKHHP Member Jurisdictions Population (OFM 2021 estimate) Total: 83,950 Auburn KC: 73,901 Burien 53,290 Covington 20,890 Des Moines 32,820 Federal Way 99,590 Kent 132,400 Maple Valley Normandy Park 6,740 Renton 106,500 Tukwila 21,970 King County (unincorporated) Population (OFM 2022 estimate) Total: 88,750 KC: 78,690 52,490 21,200 33,160 101,800 137,900 28,920 6,790 107,500 22,620 248,160 Population Population (OFM 2023 estimate) (OFM 2024 estimate) Total: 88,820 KC: 78,760 52,560 21,600 33,260 102,000 Data not published 139,100 until June 28, 2024 29,250 6,840 107,900 22,780 249,060 SK:I: South King Mousing and Homelessness Partners leth Projected Budget 2024-2026 2024 2025 2026 Estimated beginning fund balance $ 394,534 $ 344,131 $ 285,588 REVENUES Auburn $ 39,543 $ 45,474 $ 52,295 Burien $ 22,814 $ 26,236 $ 30,171 Covington $ 11,407 $ 13,118 $ 15,086 Des Moines $ 11,407 $ 13,118 $ 15,086 Federal Way $ 51,710 $ 59,466 $ 68,386 Kent $ 51,710 $ 59,466 $ 68,386 Maple Valley $ 11,407 $ 13,118 $ 15,086 Normandy Park $ 6,084 $ 6,996 $ 8,045 Renton $ 51,710 $ 59,466 $ 68,386 SeaTac $ 10,456 $ 13,118 $ 15,086 Tukwila $ 11,407 $ 13,118 $ 15,086 King County $ 51,710 $ 59,466 $ 68,386 Additional King County $ 23,290 $ 15,534 $ 6,614 Interest earnings $ 2,100 Office space (in -kind donation) $ 12,000 $ 12,000 $ 12,000 TOTAL REVENUES $ 368,755 $ 409,694 $ 458,098 Spend down balance $ 50,403 $ 58,543 $ 40,285 TOTAL EXPENSES $ 419,158 $ 468,237 $ 498,383 SK:I: South King Mousing and Homelessness Partners DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS' 2025 WORK PLAN AND 2025 OPERATING BUDGET. WHEREAS, on February 21, 2019, the City of Tukwila entered into an Interlocal Agreement (ILA) with 8 other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction must approve an annual work plan each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, each participating jurisdiction must approve SKHHP's annual budget that includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and to implement the overarching SKHHP goals to work together and share resources to increase the available options for south King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2025 work plan includes four goals with corresponding action items that further SKHHP's mission; and WHEREAS, on April 19, 2024, the SKHHP Executive Board adopted Resolution No. 2024-02 enacting the 2025 SKHHP Work Plan and Operating Budget effective upon approval by the legislative body of each party; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 2024 Legislation: 2025 SKHHP Version: 05/6/2024 Staff: L. Humphrey Page 1 of 2 101 Section 1. The City Council adopts the 2025 South King Housing and Homelessness Partners Work Plan and 2025 Operating Budget, hereby incorporated by reference as "Attachment A." Section 2. The City of Tukwila will transmit its annual contribution to SKHHP during the first quarter of each calendar year. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment A: South King Housing and Homelessness Partners Resolution No. 2024- 02, Adopting the 2025 SKHHP Work Plan and Operating Budget 2024 Legislation: 2025 SKHHP Version: 05/6/2024 Staff: L. Humphrey Page 2of2 102 RESOLUTION NO. 2024-02 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2025 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the budget and work plan with a two-thirds majority vote; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and implement the overarching SKHHP mission to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2025 work plan includes four goals with corresponding action items that further SKHHP's mission. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2025 SKHHP Work Plan in Attachment A. Section 2. The Executive Board adopts the 2025 SKHHP Operating Budget in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and signed this day of , 2024. NANCY BACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2024-02 April 19, 2024 Page 1 of 7 103 RESOLUTION 2024-02 — ATTACHMENT A SKHHP 2025 WORK PLAN PURPOSE Establish a 2025 SKHHP work plan and budget that is guided by Executive Board priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. BACKGROUND Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2025 SKHHP work plan builds on work done in previous years and was developed in collaboration with the Executive Board, Advisory Board, and staff work group. The work plan is organized into four goals with corresponding action items. Each action is identified by priority as follows: • Higher — Identified as higher priority by Executive Board or is necessary to carry out the Interlocal Agreements • Medium — Identified as mid -level priority • Lower — Identified as lower priority Quarterly budget and progress reports on the status of the work plan elements will be submitted to the SKHHP Executive Board and the legislative body of each member jurisdiction as follows: Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February In accordance with the Interlocal Agreement, the 2025 SKHHP work plan and budget will be approved by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. GOALS & ACTIONS Goal Actions 1. Fund the expansion and preservation of affordable housing. 1 through 5 2. Develop policies to expand and preserve affordable housing. 6 through 10 3. Serve as an advocate for South King County. 11 through 15 4. Manage operations and administration. 16 through 20 Resolution No. 2024-02 April 19, 2024 Page 2of7 104 Goal 1 Fund the expansion and preservation of affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 1. Pool resources from member cities for the Housing Capital Fund, including SHB 1406 funds, HB 1590 funds, and general funds. ••• 2. Develop and execute contract documents and covenants for projects ready to move forward (Burien Family Housing — 2022; Kent Multicultural Village — 2023; Skyway Affordable Housing and Early Learning Center — 2023). ••• 3. Facilitate approval from participating Councils of recommended projects from 2024 Housing Capital Fund funding round and preparing contract documents and covenants if any projects are ready to move forward. ••• 4. Manage 2025 Housing Capital Fund funding round including adopting annual guidelines, updating application materials, soliciting proposals, and facilitating project selection. ••• 5. Encourage investment in South King County by private investors, lenders, and philanthropies. •• Indicators o Number of housing units or number of projects funded with financial support from SKHHP o Number of housing units preserved with financial support from SKHHP o Total dollar amount pooled by member jurisdictions for Housing Capital Fund o Total dollar amount from new sources of revenue added to the Housing Capital Fund o Geographic diversity of applications received for annual Housing Capital Fund funding round Resolution No. 2024-02 April 19, 2024 Page 3of7 105 AtL Goal 2 Develop policies to expand and preserve affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 6. Facilitate implementation of any subregional housing preservation strategies. ••• 7. Facilitate technical assistance and updates to the Affordable Housing Inventory Dashboard. ••• 8. Build relationships with developers to learn from their perspective the ways to encourage housing development, especially affordable housing. •• 9. Convene land use planners to increase coordination and collaboration on housing policy and planning. • 10. Develop SKHHP Executive Board briefings on key housing and homelessness topics, especially as they relate to the goals of the work plan. • Indicators o Number of subregional housing preservation strategies facilitated or supported o Successful update of data to the Affordable Housing Inventory Dashboard o Number of relationships built with developers o Number of Executive Board briefings on key housing and homelessness topics Resolution No. 2024-02 April 19, 2024 Page 4 of 7 106 • • • Goal 3 Serve as an advocate for South King County. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 11. Coordinate with the Advisory Board in collaboration with housing organizations and stakeholder groups to provide education and engagement opportunities for elected officials and community members. •• 12. Work collaboratively with public funders at the state and local levels to promote shared affordable housing goals and equitable geographic distribution of resources. • • 13. Represent SKHHP at relevant local and regional meetings and forums that help advance SKHHP's mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. • 14. Meet with legislators as opportunities arise to inform about SKHHP's mission, goals, and the Housing Capital Fund. • 15. Connect affordable housing developers with property owners who intend to sell naturally occurring affordable housing in coordination with member cities. • Indicators o Number of events or engagement opportunities Advisory Board members organize or support o Number of meetings, forums, or events attended that advance SKHHP's mission o Number of meetings with legislators that promote SKHHP and South King County o Number of affordable housing developers connected with property owners intending to sell naturally occurring affordable housing Resolution No. 2024-02 April 19, 2024 Page 5of7 107 ER - NM Goal 4 Manage operations and administration. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 16. Develop annual work plan and budget. ••• 17. Generate and distribute quarterly progress reports to SKHHP Executive Board and member jurisdictions. ••• 18. Work with administering agency to maintain records and produce regular financial reports for the SKHHP Housing Capital Fund and SKHHP Operating Account. ••• 19. Organize and host monthly Executive and Advisory Board public meetings. ••• 20. Maintain and update the SKHHP website. •• Indicators o Work plan and budget adopted o Quarterly progress reports prepared and presented to Executive Board o Financial reports and public records maintained o Monthly Executive and Advisory Board meetings held o Website maintained Resolution No. 2024-02 April 19, 2024 Page 6 of 7 108 RESOLUTION 2024-02 — ATTACHMENT B 2025 SKHHP Operating Budget Estimated beginning fund balance - January 1, 2025 $ 344,131 Estimated ending fund balance - December 31, 2025 $ 285,588 REVENUES Auburn $ 45,474 Burien $ 26,236 Covington $ 13,118 Des Moines $ 13,118 Federal Way $ 59,466 Kent $ 59,466 Maple Valley $ 13,118 Normandy Park $ 6,996 Renton $ 59,466 SeaTac $ 13,118 Tukwila $ 13,118 King County* $ 59,466 Additional King County* $ 15,534 Office space (in -kind donation) $ 12,000 TOTAL REVENUES $ 409,694 Spend down balance $ 58,543 TOTAL $ 468,237 EXPENSES Salaries and benefits $ 320,611 Interfund IT $ 35,000 Advisory Board compensation $ 14,400 Office space (in -kind donation) $ 12,000 Professional services/Misc. $ 37,500 Travel $ 5,250 Supplies $ 2,000 Subtotal $ 426,761 Administering agency - 10% admin fee** $ 41,476 TOTAL $ 468,237 *King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. **10% administrative fee is calculated as a percentage of operating costs which excludes in -kind donations and carry -forwards. Resolution No. 2024-02 April 19, 2024 Page 7 of 7 109 110 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayar's review Council review 05/20/24 JR ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: SHERRY EDQUID ORIGINAL AGENDA DATE: 05/20/24 AGENDA ITEM TITLE Surface Water Comprehensive Plan 2024 Draft Surface Water Comprehensive Plan for Review CATEGORY ❑ Discussion Mtg Date 0 Motion Date 05/20/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor ❑HR DCD ❑Finance ❑Fire ❑11_S' ❑PeR ❑Police II Pr ❑Court SPONSOR'S The City hired Otak to update our SWCP to provide a strategic framework for addressing SUMMARY drainage issues, water quality, erosion/sedimentation issues, habitat needs along with maintenance and condition assessment of the existing stormwater system. A total of 11 individual capital projects, 5 capital improvement programs, and 3 studies are being proposed in the SWCP utilizing the 412 Surface Water fund.The full draft will be coming to the full Council at the May 20th Meeting. REVIEWED BY Trans&Infrastructure CommunitySvs/Safety ❑ Arts Comm. ❑ Finance ❑ Parks Comm. ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR: ARMEN PAPYAN ❑ LTAC DATE: 04/22/24 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Public Works Department IEE Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/20/24 MTG. DATE ATTACHMENTS 05/20/24 Informational Memorandum dated 04/19/24 Draft Resolution Executive Summary Powerpoint presentation Minutes from Transportation and Infrastructure Committee meeting of 04/22/24 111 112 City of Tukwila Public Works Department - Hari Ponnekanti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Harry Ponnekanti, Public Works Director / City Engineer BY: Sherry Edquid, Project Manager DATE: May 17, 2024 SUBJECT: Surface Water Comprehensive Plan Project No. 21-158 2024 Surface Water Comprehensive Plan for Review ISSUE Introduce the proposed 2024 Surface Water Comprehensive Plan (SWCP) and review the Capital Improvement Projects. BACKGROUND The City hired Otak to update our SWCP to provide a strategic framework for addressing drainage issues, water quality, erosion/sedimentation issues, habitat needs along with maintenance and condition assessment of the existing stormwater system. It further serves as a guidebook for City staff to define and build upon for capital projects, work programs, and strategies for meeting existing and future surface water management needs. This plan was last updated in 2013. DISCUSSION The SWCP includes programmatic solutions and policies, studies, and future capital projects. These recommendations were developed by reviewing past project lists, interviewing staff, conducting field assessments and public outreach. Past projects that are no longer needed are removed, existing project costs are updated, and new projects are added to address deficiencies and goals. A total of 11 individual capital projects, 5 capital improvement programs, and 3 studies are being proposed in the SWCP utilizing the 412 Surface Water fund: • Norfolk Outfall Trunkline Sewer Separation Preliminary Feasibility Study • Tukwila Pond Stormwater Quality Improvement • Fort Dent Park Water Quality Retrofit • Tukwila Parkway / Gilliam Creek Outfalls Stormwater Improvement (updated) • Johnson Creek Fish Barrier Mitigation Alternatives Analysis • S Ryan Way Pipe Rehabilitation • Fish Passage Barrier Prioritization Study • Middle Fork of Southgate Creek — Stream and Slope Stability Study • P17 Pond and Southcenter Subarea Hydraulic Study • Stormwater Management Action Plan (SMAP) Programmatic CIP • Ecosystem Services Conservation Program RECOMMENDATION Requesting to forward the final 2024 SWCP for adoption at the June 17th Council meeting. Attachments: 113 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SURFACE WATER COMPREHENSIVE PLAN, AND REPEALING RESOLUTION NO. 1807. WHEREAS, surface water management protects people, property, and the general environment from damage caused by rainfall, water runoff, and waterborne pollution; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit; and WHEREAS, the City created a Surface Water Utility in 1989 to fund maintenance and improvements to the natural and constructed surface water systems in the City; and WHEREAS, the Surface Water Comprehensive Plan identifies specific actions and strategies to manage and control the rate and quality of surface waters in Tukwila; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The plan and appendices titled " Surface Water Comprehensive Plan — 2024 Update," attached hereto as Exhibit A, are hereby adopted by this reference as if set forth in full, and supersede the plan dated February 2013. Section 2. The timing and budgeting of projects in the City's annual six -year Capital Improvement Program (CIP) will determine when the capital program listed in the Surface Water Comprehensive Plan will be done and how the project costs will be paid. Section 3. Repealer. Resolution No. 1807 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. 2024 Legislation: 2024-Surface Water Comp Plan Version: 05/15/2024 Staff: S. Edquid Page 1 of 2 115 ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Exhibit A: Surface Water Comprehensive Plan — 2024 Update 2024 Legislation: 2024-Surface Water Comp Plan Version: 05/15/2024 Staff: S. Edquid Page 2 of 2 116 City of Tukwila 2024 Surface Water Comprehensive Plan Executive Summary This 2024 Surface Water Comprehensive Plan (SWCP) is an update to the SWCP prepared in 2013, available here: https://www.tukwilawa.gov/wp-content/uploads/PW-Surface-Water- Comprehensive-Plan.pdf. The purpose of this Surface Water Comprehensive Plan is to provide a strategic framework for the management of surface water within the City of Tukwila. The 2024 SWCP strives to have a multi -benefit approach to surface water management by: • Protecting the public's health and safety • Protecting public property, private property, and roads from localized flooding from stormwater drainage • Conserving and enhancing the natural aquatic systems within the City • Restoring salmon habitat and improving access to salmon habitat • Coordinating with regional surface water plans and projects • Having a clear understanding of the existing stormwater system • Maintaining compliance with local, state, and federal regulations related to surface water The recommendations outlined in the 2024 SWCP consist of programmatic solutions and policies, studies, and capital projects. Not all capital improvement projects (CIPs) are recommended for implementation in this surface water planning window, due to funding availability. The tables below outline the recommendations by priority. Table Ex-1 High Priority Capital and Programmatic Recommendations Recommendation Reason Implementation In -progress Surface Water CIPs identified in the City's 2023-2028 Capital Improvement Program Ongoing Prior years — 2025 or beyond Programmatic changes pursuant to 2024-2029 NPDES Phase II permit requirements - TBD Maintain regulatory compliance 2025-2029 117 Recommendation Reason Implementation CIP-1 Norfolk Outfall Trunkline Sewer Separation Preliminary Feasibility Study Reduce potential City liability for combined sewer overflows and responsibility for Superfund site cleanup 2025 CIP 91241202 Stormwater Outfalls Water Quality Retrofit Program Grant award received; meets regional priorities for reducing harmful effects of urban runoff on water bodies; completes programmatic CIP begun in 2017 2024 CIP 99441202 Soil Reclamation Facility / Enhanced Maintenance Program and Decant Facility Design — Part 1 Grant award received; supports NPDES Phase II permit requirements; meets regional priorities for reducing harmful effects of urban runoff 2024-2025 Stormwater Management Action Program (SMAP) CIPs Meets expected requirement of 2024- 2029 NPDES Phase II permit; meets regional priorities for reducing harmful effects of urban runoff on water bodies; eligible for grant funding Begin 2025, then ongoing every 2-3 years WSDOT Retrofit Program Required in order to charge surface water management fee to WSDOT; meets regional priorities for reducing harmful effects of urban runoff on water bodies; funded by WSDOT 2024 and annually CIP-102 Middle Fork Southgate Creek — Stream and Slope Stability Study Stream condition severely degraded and private property at risk. Coordinates with ongoing Southgate Hydraulic Study encompassing Normed Facility and could make use of findings from City's successful FEMA- funded landslide study. 2026 CIP-3 Fort Dent Park Water Quality Retrofit, Alternative 1 Meets regional priorities for reducing harmful effects of urban runoff on water bodies; low-cost alternative that can be implemented by City crews. 2027 CIP-2 S Ryan Way Pipe Rehabilitation Collaboration with City Transportation Department; preventive repair and replacement; reduce sheet flow on steep high -traffic roadway Coordinate timing with City Transportation Department 118 Recommendation Reason Implementation MS4 mapping and documentation programmatic recommendations City risks permit non-compliance. Barriers to information sharing hinders stormwater planning, regulatory review of development and construction, inspection and enforcement, and capital project development. 2025-2029 Apply for grant funding for eligible phases of programmatic water quality CIPs and medium priority projects identified below Allows City to continue to fund higher levels of capital investments without impacting surface water utility rates 2024-2034 Ecosystem Services Conservation Program Reduces disparities in access to healthy environments, improves interdepartmental coordination in working on regional priorities such as reducing harmful effects of urban runoff, increasing access to fish habitat, and increasing quality of fish habitat Begin 2025 Regulatory and Policy change - omit the current regulatory enforcement procedure which permits temporary gravel parking lots to be constructed without stormwater drainage and runoff treatment facilities and then effectively to become permanent untreated impervious surfaces. City risks permit non-compliance. Strategically time interdepartmental negotiations and policy -setting with reissuance of NPDES Phase II permit in 2024. 2025 Table Ex-2 Medium Priority Capital and Programmatic Recommendations Recommendation Reason Implementation CIP 98641222 S 143rd St Storm Drain System Longstanding drainage / flooding issue which may be eligible for grant funding from KCFCD 2027 CIP 99441202 Soil Reclamation Facility / Enhanced Maintenance Program and Decant Facility Design — Part 2 Increase efficiency and effectiveness of operations and maintenance program 2026 CIP 98741202 Nelson/Longacres — Phase II Longstanding drainage / flooding issue which requires coordination with railroad and may be eligible for grant funding from KCFCD 2028 119 Recommendation Reason Implementation CIP-6 Johnson Creek Fish Barrier Mitigation Alternatives Analysis Meets regional priorities to increase access to fish habitat; ensures balanced portfolio of CIP projects by including fish barrier removals at regular intervals 2026 CIP-90341214 S 146t" St and 35th Ave S Drainage Longstanding drainage / flooding issue which may be eligible for grant funding from KCFCD 2029 The 2024 SWCP proves a strategic framework for the management of surface water within the City of Tukwila. It is an ambitious proposal for tackling drainage issues, water quality, erosion/sedimentation issues, habitat loss, and maintenance and condition of the stormwater system. The 2024 SWCP recognizes that City of Tukwila can be a key partner with state agencies, King County, Tribes, and organizations in reaching toward regional priorities to protect and restore the region's cherished natural resources. The City of Tukwila Public Works Department asserts that the 2024 Surface Water Comprehensive Plan would not have significant adverse impacts on the environment. The attached SEPA Environmental Checklist provides more information related to this 2024 Surface Water Comprehensive Plan. 120 5/14/2024 Tukwila Surface Water Comprehensive Plan Update Presentation to City Council 1 — Introductions • Mike Perfetti, Surface Water Program Manager • Sherry Edquid, SWCP Project Manager, Levee Project Manager • Trista Kobluskie, Senior Stormwater Planner, Otak ME Stormwater Manhole Lid 2 121 1 5/14/2024 Info Systems Project Analyst (.20) I I Jabes Otiendo Environmental Compliance Inspector I- • Surface Water Program Overview • Surface Water Comprehensive Plan (SWCP) History and Goals • Public Involvement • Local Issues and Project Types • Regional Issues and Emerging Issues • Recommendations • Questions Minkler Public Works Maintenance Facility 3 Surface Water Program Overview Public Works/Engineering: Hari Ponnekanti, PW Director, Seong Kim, Utilities Engineer Josh Hopkins SW Project Manager 0, Maintenance perations: Utilities Maintenance Manager, Bryan Still Mike Perfetti, Program Manager Sherry Edquid Levee Project Manager GIS Coordinator (.22) Russell Betteridge NPDES Program Coordinator Shawn Hall Environmental Compliance Inspector Pat Bradley, Superintendent SW/Sewer 4 122 2 5/14/2024 Surface Water Program Overview TMC 14.28.050 broadly defines how the Surface Water Utility funds may be spent: All disbursements for costs of planning, construction, acquiring, maintaining, operating and improving the utility facilities, whether such facilities are natural, constructed or both, and administering the utility, shall be made from the storm and surface water utility fund. Currently, the City's Surface Water Utility funds four broad program categories: • Stormwater infrastructure • Habitat restoration • Levees and floodplains • NPDES Phil MS4 Permit coordination Multi -benefit Projects Juvenile salmon Desimone Levee Green the Green Restoration, NC Machinery 5 SWCP History and Goals 6 123 3 5/14/2024 — Intro & History • Public Works Department — Surface Water Program • Surface Water Comprehensive Plan - 1993 Surface Water Management Comprehensive Plan — 2003 Comprehensive Surface Water Management Plan - 2013 Surface Water Comprehensive Plan (SWCP) — 2024 SWCP Update (10-year plan) Project Sketch Nelson PlaceILongacres Interceptor Pipe Project Summary Sheet September 2003 2 of 3 SWCP History— 2003 Project Still Recommended in 2024 Plan 7 SWCP Goals • Strategic framework for managing surface water • Meet State Growth Management Act for a Capital Facilities Plan • Addressing: - Drainage - Surface Water Quality — Erosion/Sedimentation in Streams — Fish Barriers and Fish Habitat Loss - Maintaining and Replacing Aging Surface Water Infrastructure • Multi -benefit approach • Balancing emerging issues with other priorities Duwamish River in Tukwila 8 124 4 5/14/2024 Emerging Issues • New Pollutants — 6PPD-quinone, — Street sweeping — Stormwater parks • Urban Forestry — Implementing goals — Acquisition — Coordination w/ Parks & Green Tukwila • Fish Passage — State Injunction • Levees Upgrading to 500 year flood protection - Repairs Lower Green River Corridor Plan — new model Riverton Creek Flapgate Removal Project 9 — Multi -benefit Approach • Protecting public health and safety • Protecting property and roads from localized flooding from stormwater drainage • Conserving and enhancing aquatic systems • Restoring salmon habitat and improving access to salmon habitat • Coordinating with regional plans, projects, and goals • Maintaining the existing stormwater system • Maintaining compliance with local, state, and federal regulations 10 125 5 5/14/2024 Public Involvement 11 — Public Involvement Stormwater Management Action Program (SMAP) — Fall 2022 to Spring 2023 Open House — Fall 2023 SWCP Survey — Fall 2023 SEPA Review — Ongoing 12 What is your ariorlt y for managlnq stormwater runoff? Which stormwater projects and studies are important to you In Tukwila? . View the Online Survey Cary of T_I• I Zlb SUN• o I•( BIM, Tukwlle WA 9BIB8 11 W 433-1800 126 6 5/14/2024 Local Issues and Project Types 13 Drainage Issue and Project Examples Ponding / Flooding on S. 131st Place on Southgate Creek New catch basin 14 127 7 5/14/2024 Water Quality Issues Soap g Oil and • grease Pollution travels downstream and winds up in our rivers, lakes, and streams. Pet waste Fertilizer Yard waste Litter Pesticides O Storm sewer system - 4. Stormwater Pollution Illustration (EPA, 2022) 15 Water Quality Issues and Project Examples Tukwila Pond Polluted Runoff Bioretention cell in Tukwila 16 128 8 5/14/2024 Erosion / Sedimentation in Streams Issues and Project Examples Deep Incision / Erosion Riverton Creek Undercut banks of Southgate Creek near landslide Example Bioengineered Slope Example Light Touch Grade Control 17 Fish Barriers and Habitat Degradation Issues and Project Examples 108-in Diameter Flapgate at Gilliam Creek and Green River is a Fish Barrier Duwamish Gardens Park and Habitat Restoration Duwamish River Native Vegetation Restoration Site near Riverton Creek Salmon inside stormwater structure— East Marginal Way Fish Barrier Removal on Riverton Creek 18 129 9 5/14/2024 Maintaining / Replacing Aging Infrastructure Pipe Inspection Video, S Ryan Way 42nd Ave South Detention Pond Ditch in Poor Condition, S 130th Cleaning Catch Basin, Tukwila South 19 Regional Issues and Emerging Issues 20 130 10 5/14/2024 — Salmon Recovery Gilliam Creek Fish Barrier Daylit Manhole — East Marginal Way Duwamish River Native Vegetation Restoration Site near Riverton Creek Salmon Habitat Plan 2021 Update 21 Tukwila Citizen Admiring Urban Forest, Green Tukwila Partnership Work Party Thorndyke Neighborhood 22 Forested Buffer of Trees Shading Gilliam Creek 5/14/2024 — WSDOT - Highway Pollutants - 6PPDQ WSDOT Stormwater Swale Former WSDOT Stormwater Pond WSDOT Sediment Pond Managing Runoff from 1-5 in Tukwila 23 Fort Dent Levee, (King County Flood Control, 2024) 24 LOWER GREEN RIVER CORRIDOR FLOOD HAZARD MANAGEMENT PLAN Final Programmatic Environmental Impact Statement Summery 132 12 5/14/2024 Recommendations 25 — Capital Recommendations • 11 individual capital projects (6 new and 5 existing) 5 drainage 5 water quality — 1 fish habitat / fish barrier removal • 5 capital improvement programs 1 repair and replacement of assets — 3 water quality 1 ecosystem services • 3 studies • Prioritized into High and Medium Ponding / Flooding on S. 131st Place on Southgate Creek Gilliam Creek Fish Barrier 26 133 13 5/14/2024 Individual Capital Projects and Studies Tukwila - North CITY OF SEATTLE New Projects Existing Projects Studies 27 10-Year Capital Costs ID Project Name Cost Individual Capital Projects 98641222 S 143rd St storm drain system 98741202 Nelsen/Longacres — Phase 11 99441202 Soil Reclamation Facility/ Decant Facility Design — Phase I $1,410,000 $1,000,000 $540,000 90341214 S 146th St pipe and 35th Ave S drainage $1,290,000 91241203 Tukwila Urban Center Conveyance Inspections $790,000 CIP-1 Norfolk Outfall Trunkline Sewer Separation Preliminary Feasibility Study $155,000 CIP-2 S Ryan Way Pipe Rehabilitation CIP-3 CIP-4 CIP-5 CIP-6 $840,000 Fort Dent Park Water Quality Retrofit $90,000 Tukwila Pkwy/Gilliam Cr Outfalls $1,240,000 Tukwila Pond Water Quality Improvement Johnson Creek Fish Barrier Mitigation Alternatives Analysis $940,000 5280,000 Total over 10 years $8,575,000 Programmatic CIPs 81241207 Annual Small Drainage Program 91241202 Stormwater Outfalls Water Quality Retrofit Program TBD SMAP Program CIP TBD Ecosystem Services Conservation Program TBD WSDOT Stormwater Retrofit and Maintenance Program Budgeted. Avg. $950,000 / year. Budgeted. Avg. $450,000 / year. Projects will be grant funded at 85% of cost. Avg. $650,000 / year for 6 years. Projects will be grant funded at 85% of cost. TBD Avg. $200,000/year. Projects paid exclusively by WSDOT stormwater fees. Total over 10 years $15,590,000.00 Project Name Cost Studies CIP-101 Fish Passage Barrier Prioritization Study $147,000 CIP-102 Middle Fork of Southgate Creek — Stream and Slope Stability Study $200,000 CIP-103 P17 Pond and Southcenter Subarea Hydraulic Study $300.000 Total over 10 years $647,000 28 134 14 5/14/2024 — Regional Coordination Recommendations • Coordinate with WRIA9 to Implement 2021 Salmon Habitat Plan Update • Coordinate with Our Green Duwamish for Water Quality in WRIA9 • Implement Green Infrastructure Program • Support Fish Passage Improvements at Howard A Hansen Dam on Green River • Develop Tukwila Master Plan for Lower Green River Levee Projects Green Tukwila - Tukwila Park native vegetation restoration 29 Funding • Surface Water Management Fee • Water Quality Grants from Washington State Department of Ecology • Surface Water Management Fee paid by Washington Department of Transportation Surface Water Fund • Other Grants 1 Total: $13.6M Enterprise Funds Grants 23 active surface water grants that total over $6 million. 30 135 1s 5/14/2024 — Questions? Thank you. 31 136 16 Transportation & Infrastructure Services Committee Minutes April 22, 2024 F. Change Order: Riverton Creek Flapgate Removal Project Staff is seeking approval of Change Order No. 4 to Contract No. 20-052 with R.L. Alia Company in the amount of $72,285.08. Item(s) for follow-up: Determine if Washington State Recreation and Conservation Office can contribute to cost. Committee Recommendation Unanimous approval. Forward to May 6, 2024 Regular Consent Agenda. G. Supplemental Agreement: Neighborhood Traffic Calming Program Staff is seeking approval of a supplemental agreement with KPG Psomas, Inc. in the amount of $155,000 for on -call engineering and design services for the Program. Committee Recommendation Unanimous approval. Forward to May 6, 2024 Regular Consent Agenda. H. Grant Application: 2024 Annual Overlay - 50th Place Overlay Staff is seeking approval to apply to the Transportation Improvement Board Complete Streets program in the amount of $400,000 to fund a portion of the 2024 Annual Overlay Program. Committee Recommendation Unanimous approval. I. Surface Water Comprehensive Plan Staff provided an introduction to the 2024 Draft Surface Water Comprehensive Plan and associated capital projects. Committee Recommendation Discussion only. J. Future Water Reservoir Update Staff presented an update on the project. Item(s) for follow-up: Provide information on historically significant buildings in the city. Committee Recommendation Discussion only. The meeting adjourned at 6:45 p.m. Comn`iittee Chair Approval Minutes by LH 137 138 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/13/24 LH 5/20/24 LH ITEM INFORMATION ITEM NO. 5.B. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 5/13/24 AGENDA ITEM TITLE Resolution updating Financial Policies CATEGORY ® Discussion Mtg Date 5/13/24 ❑ Motion Mtg Date ® Resolution Mtg Date 5/20/24 ❑ Ordinance Altg 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 SUMMARY The draft resolution proposes minor updates to the City's Financial Policies. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 4/22/24 COMMII`_LEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/13/24 Forward to next Regular Meeting 5/20/24 MTG. DATE ATTACHMENTS 5/13/24 Information Memo Draft resolution Minutes from the 4/22 Finance & Governance Committee meeting 5/20/24 Draft resolution (revised after 5/13 Committee of the Whole) 139 140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINANCIAL POLICIES, AND REPEALING RESOLUTION NO. 2014. WHEREAS, the City Council is committed to the highest standard of financial management; and WHEREAS, financial policies adopted by the legislative body are a best practice to provide written guidance for how local government officials and staff should approach fiscal issues and core financial areas; and WHEREAS, financial polices outline a clear vision of how the City of Tukwila will manage its financial resources to provide the best value to the community; and WHEREAS, periodically updating and revising financial policies are important steps toward ensuring consistent and rational financial management; and WHEREAS, financial policies have traditionally existed in many different documents and the City Council desires to minimize confusion and eliminate redundancies or conflicts by consolidating financial policy direction to the extent feasible; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Financial Policies attached hereto as Exhibit A are adopted. Section 2. The Financial Policies shall be reviewed on at least a biennial basis and updated as necessary. Section 3. Repealer. Resolution No. 2014 is hereby repealed. 2024 Legislation: Financial Policies Version: 04/3/2024 Staff: L. Humphrey Page 1 of 2 141 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A — Financial Policies 2024 Legislation: Financial Policies Version: 04/3/2024 Staff: L. Humphrey Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2of2 142 NOTE: Shaded text denotes changes made after the 5/13/24 Committee of the Whole meeting. (see page 5) Financial Policies Section 1. Purpose a. The City of Tukwila is accountable to the public and shall maintain the fiscal integrity of its operating, debt service, and capital budgets while providing an appropriate level of public services within the City's fiscal responsibilityfinancial capabilities. b. The City's Financial Policies are intended to provide guidelines for the financial planning and internal financial management of the City. Section 2. Budgeting Cross references: TMC Chapter 3.30, Resolution 1951 a. The City of Tukwila shall prepare and adopt a biennial budget in accordance with RCW Chapter 35A.34, and Tukwila Municipal Code (TMC) Chapter 3.30. Fiscal years begin January 1 and end December 31. b. The budget shall be prepared with a priority -based approach that enables resources to be allocated to the programs and services that provide the greatest value to the community. c. The budget must be developed in accordance with the policies and priorities set forth in long-term policy documents including the Equity Policy, Strategic Plan, Comprehensive Plan, City Council and community priorities, and federal and state laws. d. Within each budget cycle, the budget should be structurally balanced, which means that ongoing expenditures shall be provided for by anticipated ongoing revenue and one-time revenue should only be used for one-time expenditures unless explicitly authorized by the City Council. e. The City shall maintain a six -year Capital Improvement Program and update it with each budget cycle to ensure that all costs associated with projects are addressed. f. As part of each biennial budget process, the City shall prepare six -year expenditure and revenue forecasts for the principal operating and capital funds. Revenues will be estimated on a conservative basis. q. The City Council may informally approve mid -year budget amendments by motion prior to the submission of a comprehensive formal budget amendment at the end of the fiscal year. h. The City's employee classification and compensation plan will be maintained in a manner consistent with Council policy, applicable state and federal collective bargaining laws, and valid comparable cities. Page 1 of 5 143 Section 3. Revenues Cross references: TMC Title 3 a. The City will maintain a diversified and stable revenue system to shelter it from short-term fluctuations. The City shall develop and maintain a comprehensive schedule of fees and Section 3. Revenues (continued) b. The City shall develop and maintain a Revenue Guide that describes major revenue sources available to the City of Tukwila. c. Revenue sources should be reviewed in off -budget years to account for inflation, to stay in line with market, or to ensure cost recovery at a prescribed level depending on the revenue source. Section 4. Expenditures Cross references: - Purchasing Policy (Resolution9No. 2015) - Procurement Card Policy (Resolution No. 1750) - Expense Reimbursement Policy (Resolution No. 1874) a. The City shall maintain expenditure categories according to state statute and administrative regulation known as the State Auditor's Budgeting, Accounting, and Reporting System (BARS). b. Operating expenditures within funds must be supported by the operating revenues generated by that fund. c. Purchasing will be conducted with appropriate internal controls, observe fair and ethical business practices, and use wise and prudent judgement in the expenditure of public funds. Section 5. Grants Cross references: Grant Policy/Procedure in progress a. The City shall, whenever practical and advantageous, pursue grant funding. All potential grants shall be examined carefully for matching requirements, and to determine whether programs must be continued with local resources after grant funds are exhausted. b. Staff shall obtain approval from the appropriate City Council Committee before applying for any grants requiring an unbudgeted or previously unidentified local match, and staff shall obtain City Council approval prior to accepting grant agreements in amounts above the Mayor's signing authority. Section 6. Capital Improvement Program (CIP) a. Transportation improvements will be coordinated with related improvements such as utility, landscaping, sidewalks, etc. b. Whenever feasible, capital improvements shall be coordinated with related improvements of adjacent jurisdictions. Page 2 of 5 144 c. Capital Improvement Program projects shall, whenever possible, take advantage of grants, loans or other financing external to the City. If the proposed grants or mitigation are either not funded or are reduced, the City Council will reevaluate the respective project on the basis of its value and priority level placement in the Capital Improvement Program. Ed. General Fund support should not be relied upon for funding capital projects. Grants; and/or dedicated and restricted revenue sources should be utilized prior to seeking General Fund support. e. Non -transportation capital projects and improvements should be funded by operating revenues, grants or bonds as determined in the six -year Financial Planning Model. 4f. Residential streets with safety issues, high traffic volumes, high pedestrian activity and poor roadway conditions will be considered the highest priority projects. e-g. Residential street designs will follow basic designs for arterials, collectors, and local access streets. Designs to accommodate individual properties shall be avoided. f-h. Design of connecting streets is strongly encouraged. i_For City -scheduled projects located on residential streets, the City will require the undergrounding of new electrical and communication facilities pursuant to TMC Chapter 11.28. I-LStreet and road improvement projects on slopes will include roadside plantings wherever feasible to help mitigate the land used for roadway and sidewalk improvements. hk. Donation of the property needed for rights -of -way and easements shall be pursued. j-(_Latecomer agreements, where appropriate, shall be considered an acceptable means of funding capital projects, improvements and replacements, in whole or in part. Ism. Right-of-way agreements for cable and electrical services should be utilized to discourage excessive wiring throughout the City. hn. Current arterial street improvements determined in the six -year CIP may be funded through a Local Improvement District (LID) or financing external to the City. The City may participate using operating revenues, grants or bonds based on health and safety needs or public benefit. The City may participate in the funding by financing the preliminary engineering design and professional service costs associated with planning and creating the LID. no. A majority of property owners on a street may petition the City to set up an LID to pay for residential street improvement projects, sidewalks and undergrounding of utilities. The City will evaluate the possibility of paying for the design, preliminary engineering, construction engineering, and LID formulation. The residents will pay for undergrounding utilities in the street, undergrounding from the street to their residence, the actual construction costs, and any Page 3 of 5 145 improvements on private property such as rockeries, paved driveways, or roadside plantings. n.a. Non transportation capital projects and improvements should be fundcd by operating revenues, grants r bonds as dctcrmincd in the six year Financial Planning Modc-I. gip. Pursuant to TMC Chapters 3.56 and 3.60, the first 1/4 cent Real Estate Transfer Tax (REET) shall be dedicated to park and open space land acquisition, and the second 1/4 cent shall be used for arterial streets, along with the parking tax, unless the City Council enacts other priorities consistent with state law distribution of REET funds. -q. Street and road improvement projects shall be evaluated for the inclusion of features that support the City's Parks, Recreation and Open Space (PROS) Plan and "` aik and Roll Plan"Transportation Element of the Comprehensive plan in order to encourage walking, bicycling, and use of public transit. q:r.Policies will be reviewed annually and in concert with the adoption of growth management policies to ensure continuity. ems. Transportation impact fees shall be collected so that "growth may pay for growth" and growth -caused improvements may be constructed. Section 7. Enterprise Funds a. Utility fund expenditures shall be fully supported by their own rates, fees, and charges and not subsidized by the General Fund. b. Utility rates should be structured to ensure adequate infrastructure development and replacement. c. Each Enterprise Fund shall be reviewed bi-annually to ensure a rate structure adequate to meet its operations, maintenance, and long-term capital requirements. d. Enterprise Fund rate increases shall be small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. e. Enterprise Fund rate increases of external agencies will be passed through to the customer. f. Infrastructure improvements such as water reuse should consider conservation of resources such as water and electricity. Section 8. Debt Cross references: Debt Policy (Resolution No. 1840) a. Appropriate management of debt is an important factor in measuring the City's financial performance and condition. Section 9. Reserves a. Prudent financial management dictates that some portion of funds available to the City be reserved for future use. Page 4 of 5 146 b. At the close of each fiscal year, the General Fund unassigned balance shall equal or exceed 18% and the Contingency Fund reserve balance shall equal or exceed 10% of the previous year General Fund revenue, exclusive of significant non - operating, non -recurring revenues such as real estate sales or transfers in from other funds. c. At the close of each fiscal year, the unrestricted balances of the Enterprise Funds shall equal or exceed 20% of the previous year revenue, exclusive of the effects of GASB Statement 68, as well as significant non -operating, non -recurring revenues such as real estate sales, transfers in from other funds or debt proceeds. d. Use or draw down of minimum balances shall occur only upon recommendation of City Administration and approval by City Council through a resolution. Should use or draw down occur, the City Administration shall establish a plan, no later than the end of the fiscal year following the year of decline, to restore the fund balance to the prescribed minimum level. The plan shall be presented to and approved by the City Council. e. A One-time Revenue Reserve shall be established and maintained in the Contingency Fund. The One-time Revenue Reserve shall be credited annually with 10% of the prior year one-time revenues to the extent General Fund surplus for the year is sufficient to cover the reserve funding. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council resolution. f. The City shall maintain a reserve in each of its self -insured health care funds in an amount equal to 1.5 times, or 150%, of the actuarially determined IBNR (incurred but not reported) balance. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council resolution. Section 10. Investments (Cross references: TMC 3.28, Resolution No. 182811 a. The City will strive to maximize the return on its investments with the primary objective of preserving capital in accordance with city policy and prudent investment practices. Section 11. Minimum Reporting Requirements a. The Finance Director shall provide a financial status update at least quarterly. b. City Administration shall provide the City Council with financial reports that reflect actual performance in various expenditures and revenues. c. City Administration shall provide the City Council with a quarterly report of all newly -executed and amended contracts, including the amount, responsible department, scope of work, and expiration date. d. Once the annual audit is complete, City Administration shall provide a report to the City Council showing compliance with the Financial Reserve Policy. Page5of5 147 148 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/13/24 LH 5/20/24 LH ITEM INFORMATION ITEM NO. 5.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 5/13/24 AGENDA ITEM TITLE Resolution adopting a Purchasing Policy CATEGORY ® Discussion Mtg Date 5/13/24 ❑ Motion Mtg Date ® Resolution Mtg Date 5/20/24 ❑ Ordinance Altg 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 SUMMARY The draft resolution updates the City's Purchasing Policy to uphold some cost thresholds and add additional clarity and detail regarding procurement. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 4/22/24 COMMII`_LEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/13/24 Forward to next Regular Meeting 5/20/24 MTG. DATE ATTACHMENTS 5/13/24 Information Memo Draft Resolution (revised after 4/22 Finance & Governance Committee) Minutes from the 4/22 Finance & Governance Committee 5/20/24 Final Resolution 149 150 �O ( Vir O --_,J IL ji — oir� N<W »DJ, E Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A PURCHASING AND CONTRACTING POLICY, AND REPEALING RESOLUTION NO. 2015. WHEREAS, the City Council is committed to the highest standard of financial management; and WHEREAS, the expenditures of public funds for the purchase of and contracting for goods, services, supplies, and materials must comply with all applicable state and local requirements; and WHEREAS, a comprehensive purchasing policy helps ensure that public funds are spent in the most economical and transparent way possible; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Purchasing and Contracting Policy attached hereto as Exhibit A is adopted. Section 2. Repealer. Resolution No. 2015 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment: Exhibit A — Purchasing and Contracting Policy 2024 Legislation: Purchasing Policy Version: 04/12/2024 Staff: L. Humphrey Page 1 of 1 151 152 CITY OF TUKWILA PURCHASING AND CONTRACTING POLICY TABLE OF CONTENTS 1. Procurement Policy Table 1 2. Administration 2 A. Purpose B. Controlling Laws C. Compliance with Policy D. Signing Authority and Approval 3. Determining Total Cost 2 A. Anticipated Cost B. Prohibition on "Bid Splitting" C. Total Costs to Include 4. Vendor Relations 3 A. Ethics of Procurement B. Buy Local C. Environmental Sustainability D. Social Equity 5. Grants and Federal Funding 4 A. General Rule B. Purchases of Goods or Service Reimbursable from a Federal Grant 6. Controlled Commodities 6 7. Types of Projects and Contracting Authority 6 A. Public Works B. All Other Types of Purchases C. Other Contracting Provisions 8. Threshold Cost Negotiation Requirements 8 A. $10,000 or Less: Direct negotiation B. $10,000-$50,000: 3 quotes needed C. $50,000 or More: Competitive bids 153 9. Public Works Projects 8 A. Defining Project Costs B. City Labor C. Bid Requirements D. Small Works Roster E. Limited Public Works Process F. Prevailing Wages G. Bid Deposit, Performance Bond, and Payment Bond H. Retainage I. Public Works over $1 Million J. Alternative Public Works Contracting Procedures 10. Competitive Bidding Process 11 A. Public Notice B. Bid Specifications C. Award D. Cancellation E. Bid Submittal F. Bid Security G. Non -Collusion Affidavit 11. Service Categories 12 A. Professional Architectural and Engineering Services B. Personal Services C. Purchased Services 12. Materials, Supplies, Equipment (unrelated to Public Works, Services, A&E) 13 13. Exceptions to the Competitive Process 15 14. Disposal of Surplus Property 16 A. Policy Statement B. Definitions C. Procedures 15. Additional Considerations 17 A. Certificates of Insurance B. State Contractor's License C. City Business License 16. References 18 17. Glossary 18 154 1. PROCUREMENT POLICY TABLE PROJECT TYPE CITY/TOWN COMPETITIVE BIDDING REQUIREMENTS Public Works Project Same Requirement for ALL cities If your project is: <$75,500 $75,500 $350,000 >$350,000 Type of Bidding Required: Minimal Competition Process Small Works Roster Formal Competitive Bidding Agencies may seek quotes directly from individual vendors. No competitive bidding required. List of qualified contractors who can bid for an eligible project below $350,000. (RCW 35.04.155). Requires local agencies to award PW contracts to responsible bidder with lowest responsive bid. Purchase of goods, equipment, supplies, or materials (not connected with PW project) Cities under 20,000 population If your purchase is: <$7,500 $7,500-$15,000 >$15,000 Type of Bidding Required: Minimal Competition Process Vendor List Formal Competitive Bidding Agencies may seek quotes directly from individual vendors. No competitive bidding required. List of vendors who are interested in selling equipment, materials and supplies to the city. (RCW 39.04.190) Required to advertise the solicitation, but there is no required method or timeframe. Sealed bids and public bid opening required. Cities over 20,000 population Type of Bidding Required: State law does not establish any specific bid limits or competitive processes that first-class cities or code cities over 20,000 must follow for purchases. You should establish bid limits and competitive processes in policy. Professional Services Same Requirement for ALL cities Type of Bidding Required: All local governments must follow the same qualifications - based selection (QBS) process outlined in RCW 39.80. You must solicit competitive bids and evaluate them based on qualifications, without regard to cost. Personal Services Same Requirement for ALL cities Type of Bidding Required: State law does not require any thresholds or processes for personal services contracting. If your project receives any federal funding, must comply with federal competitive requirements. Purchased Services Same Requirement for ALL cities Type of Bidding Required: State law does not prescribe any thresholds or processes for purchased services contracting. However, some purchased services may require payment of prevailing wages. 1 City of Tukwila Purchasing Policy 5-15-24 155 2. ADMINISTRATION A. Purpose This policy is intended to direct the purchase of goods and services at a reasonable cost. An open, fair, and competitive process is to be used whenever reasonable and possible. It is the City's policy to follow state requirements regarding the expenditure of public funds, to provide a fair forum for those interested in bidding on public contracts and to help ensure that public contracts are performed satisfactorily and efficiently at the least cost to the public while avoiding fraud and favoritism. B. Controlling Laws The expenditures of public funds for the purchase of and contracting for goods, services, supplies, and materials shall comply with all applicable state law requirements as set forth in the Revised Code of Washington (RCW) and the Washington Administrative Code (WAC), in addition to other applicable local and federal laws and regulations. The City Attorney shall be consulted when questions regarding potential conflicts arise. C. Compliance with Policy The City's department heads shall implement, monitor, and enforce these policies. In the event of any conflict in procurement requirements or questions about proper procedure or other requirements, the matter shall be referred to the Finance Director. Willful or intentional violations of public procurement requirements may result in personal penalties, financial liabilities, and/or discipline per RCW 39.30.020. D. Signing Authority and Approval 1) Per RCW 35A.11.010, the City's authority to contract, and be contracted with, is vested in the City Council. City Council has delegated authority to the Mayor to execute contracts and contract modifications that meet the criteria of this Policy. 2) Any City staff member purchasing goods on behalf of the City without proper authorization may be personally liable to the vendor and the City, and subject to disciplinary action. 3) Electronic signatures of authorized City staff may be accepted pursuant to the City's Electronic Signature Policy. 4) All work or any purchase authorized with a particular vendor, consultant, or contractor that cumulatively is expected on a particular project to exceed an annual amount of $20,000 must be in writing, and approved according to the authority provided for within Section 7. 3. DETERMINING TOTAL COST A. Anticipated Cost The anticipated annual need for a good or service (when it can reasonably be projected) shall be used to determine the cost of that good or service, and thus which contract approval level, cost threshold, and other related purchasing requirements apply. City of Tukwila Purchasing Policy 5-15-24 156 B. Prohibition on "Bid Splitting" The breaking of any project into units, or accomplishing any project by phases, is prohibited if it is done for the purposes of avoiding compliance with bidding statutes. RCW 35.23.352(1). To avoid bid splitting: 1) Combine all phases of a public work project when estimating cost. 2) Combine the total of foreseen identical items purchased at the same time or within a calendar year's time, in which the cost exceeds competition limits (i.e. office supplies, laundry services, janitorial paper products, etc.) 3) Items that are designed, or intended to be used together (i.e., water meters and covers), and the cost exceeds competition limits, should be bid together. C. Total Costs to Include Include costs such as taxes, freight, and installation charges when determining which cost threshold applies. Do not include the value of a trade-in. Trade-in value should be considered, however, to determine the lowest bid when competitive bidding is used. Further requirements for the total quantity of an item (when they can be reasonably projected) should be considered when determining which cost threshold and related purchasing requirements apply. Finally, if a project is to be completed in phases, the total accumulated cost for all phases should be considered when determining which cost threshold applies. 4. VENDOR RELATIONS A. Ethics of Procurement The City is committed to providing a very fair, transparent and equitable process to our purchases. We ask all staff participating in a solicitation and/or award process to be thoughtful of any perceived or actual conflicts of interest. See Tukwila Municipal Code (TMC) Section 2.95.030 ("Code of Ethics for Employees and Appointed Officials") for more information. The City seeks to avoid situations that involve conflicts of interests or the appearance of such conflicts based on inappropriate opportunities to influence the solicitation and/or award process. The City uses the measures of how a reasonable person would perceive the situation. A reasonable person standard might consider how the situation would appear if covered by a news story or viewed from the perspective of a public interest group. Common questions to ask are: Could you comfortably explain your actions? Would taxpayers believe you were acting in their best interest? City staff should refuse gifts, meals and invitations to events such as concerts or sporting events, that could be reasonably perceived as: improperly influencing performance of your official duties; a reward for awarding a contract; or offered or given to influence, find favor, or with a reasonable expectation of creating an obligation to the giver. Vendors are prohibited from offering gifts during the solicitation and ensuing contract award process. Contact the City Attorney for assistance if you encounter unusual situations. Finally, contact the City Attorney before initiating a contract with a former City employee to determine if doing so would create an actual conflict of interest or the appearance of a conflict of interest. 3 City of Tukwila Purchasing Policy 5-15-24 157 B. Buy Local It is the City's policy to take affirmative steps to encourage local businesses to apply to participate in the procurement process. Further, to the extent legally possible, the City will consider the use of those local businesses in order to support and enhance the local economy. C. Environmental Sustainability The City is committed to the protection of the environment and has taken steps towards becoming more sustainable. Accordingly, departments are strongly encouraged to purchase recycled and other environmentally preferable products whenever practicable and to encourage this of their contractors. However, nothing in this policy shall be construed as requiring the purchase of products that do not perform adequately or are not available at a reasonable price. D. Social Equity The City shall endeavor to contract with minority -owned businesses and contractors and materials suppliers pursuant to the goals outlined in the City's Equity Policy, which provides guidance to City elected officials, staff, boards and commissions, partners, residents, businesses and guests on how to actively promote equitable access to opportunities and services. 5. GRANTS AND FEDERAL FUNDING A. General Rule Not all grant funded projects are covered by this policy because many of the grants have their own procurement requirements. Grant Managers are responsible for grant purchases, but shall consult with Finance Director or designee prior to initiating any grant purchases. Grant managers are responsible for ensuring all grant purchases comply with grant procurement requirements. B. Purchases of Goods or Service Reimbursable from a Federal Grant When spending federal funding, the City complies with the Uniform Administrative Requirement, Cost Principals, and Audit Requirements for Federal Awards (Uniform Guidance) published in Title 2 of the Code of Federal Regulations (2 CFR 200), specifically 2 CFR 200.318 through 200.326, which can be accessed HERE. Please note that all grants are different, so one size does not fit all. Some grants simply require you to use your own procurement rules, while others require you to insert their contracting clauses into your contract. However, some general guidelines from the Uniform Standards are outlined below: 1) Section 200.62 of the Uniform Guidance requires and defines internal control over compliance requirements for federal awards to mean a process implemented by the City designed to provide reasonable assurance regarding the achievement of the following objectives for Federal awards: a. Transactions are properly recorded and accounted for, in order to: i. Permit the preparation of reliable financial statements and Federal reports; ii. Maintain accountability over assets; and iii. Demonstrate compliance with Federal statutes, regulations, and the terms and conditions of the Federal award; City of Tukwila Purchasing Policy 5-15-24 158 b. Transactions are executed in compliance with: i. Federal statutes, regulations, and the terms and conditions of the Federal award that could have a direct and material effect on a Federal program; and ii. Any other Federal statutes and regulations that are identified in the Compliance Supplement; and iii. Funds, property, and other assets are safeguarded against loss from unauthorized use or disposition. 2) Section 200.320 of the Uniform Guidance requires the City to ensure that purchases are procured in accordance with the following guidelines: a. Procurement of $3,000 and under: To the extent practicable, the City must distribute these purchases equitably among qualified suppliers. Purchases may be awarded without soliciting competitive quotations if the City considers the price to be reasonable. b. Procurement between $3,000 and $150,000: Price or rate quotations must be obtained from an adequate number of qualified sources. c. Procurement above $150,000: Sealed Bids or Competitive Proposals or Sole Source: i. Sealed Bids— Bids are publicly solicited and a fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. ii. Competitive Proposals— Used when more than one source has submitted an offer, and either a fixed price or cost -reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. 3) Appendix II to Part 200 — Contract provisions for city contract under federal awards requires the City to verify that all contractors are not suspended or debarred from Federal funding. Prior to executing a federal -aid agreement, the City must verify status with the System for Award Management (SAM) at https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf to determine if the contractor/consultant has been excluded from bidding on a federal aid contract. SAM is the electronic version of the Lists of Parties Excluded from Federal Procurement and Non -Procurement Programs (Lists), which identifies those parties that have been suspended, debarred, otherwise excluded from bidding on federal contracts or consultants that will not be eligible for federal aid reimbursement. 4) Pursuant to the Washington Secretary of State Local Government Records Retention Schedule, financial records pertaining to the purchase must be retained in accordance with the applicable Washington State Records Retention schedule. Further, each City Department awarded grant services shall maintain records of all purchases and be responsible for following grant requirements. 5 City of Tukwila Purchasing Policy 5-15-24 159 6. CONTROLLED COMMODITIES If the cost of the following item(s) is over $100.00, purchase of the item requires approval from the Tukwila Technology and Innovation Services Department Director or designee: A. Computers and related equipment, fax machines, printers, scanners and copiers, cell phones, telephone equipment, pagers, software or systems. B. Anything the Tukwila Technology and Innovation Services Department is requested or required to install, connect, and/or service. 7. TYPES OF PROJECTS AND CONTRACTING AUTHORITY It is necessary to establish a uniform practice for approval and execution of City of Tukwila contracts, ensure City Council review of important and legally required contracts and other legal instruments, provide for efficient, streamlined preparation and execution of other contracts not requiring Council review, while also ensuring accountability. The following types of projects and contract approval levels are intended to be for projects with previously allocated funds approved by City Council. A. Capital Projects: 1) $20,000 or less Approved by Department Director 2) $20,001 to $99,999 Approved by Mayor, provided the project is in the Capital Improvement Program (CIP). 3) $100,000 or more Approved by City Council B. All other types of purchases (professional services, personal services, purchased services, materials/supplies/equipment): Professional services provided by a consultant that fall under architecture, engineering, land surveying, or landscape architecture. Contract approval levels: 1) $20,000orless Approved by Department Director 2) $20,001 to $59,999 Approved by Mayor 3) $60,000 or more Approved by City Council C. Other Contracting Provisions: 1) All statutory bidding and contracting requirements as set forth in State law shall be followed. 2) To assist in contract management and retention, all contracts will include a date by which full performance of the contract shall be complete. 3) All contracts will be approved as to form by the City Attorney. 4) All contracts will be processed and filed in accordance with administrative procedures required by the Finance Department and Office of the City Clerk. 5) Except as otherwise specified, the Mayor or his or her designee has authority to approve and sign the following types of contracts without need for separate Council approval or ratification: City of Tukwila Purchasing Policy 5-15-24 160 a. All contracts for which the Original Contract Value is less than $60,000. b. All contracts settling claims, litigation or threatened litigation for which the Original Contract Value, less any contribution from a City insurance policy, does not exceed $250,000. c. Contracts and/or contract amendments specifically authorized by other Council action. d. Work orders issued pursuant to RCW 39.10.450 so long as the overarching Job Order Contract was previously approved by Council. e. Annual technology hardware, software, or services renewal agreements including annual license renewals, subscription services, support and maintenance extensions, and general services renewals which do not exceed $250,000. f. Acquisitions of easements, right-of-way, or title incident to a public works project budgeted by the City Council. 6) The following types of contracts require advance Council approval prior the Mayor or designee's signature: a. Interlocal Agreements — all contracts, agreements, memoranda of understanding, or other documents between the City of Tukwila and any other governmental agency or agencies. An agreement in association with a grant application is not considered an interlocal agreement for purposes of this subsection but is subject to the monetary thresholds in Subsection B. b. Any contract for the sale or purchase of real estate except for acquisitions of easements, right-of-way or title incidental to a City public works project budgeted by the City Council. c. Any contract to lease or otherwise encumber City -owned real estate for a period of more than one (1) year unless the contract provides the City with an option to terminate the lease early without cause or damages by providing no more than six (6) months' notice of termination. d. Public Works contracts that require award by the City Council pursuant to Chapter 39.04 RCW. e. Any contract that transfers risk to the City of third party claims arising out of a contractor's misconduct or negligence if the risk transferred thereby would not be covered by the City's insurance policies. f. Any contract that, pursuant to applicable law, requires authorization from the City Council g• Any contract of any amount not consistent with the adopted budget. 7) Contract Amendments a. Amendments that do not change the total value of the contract (i.e. a new expiration date) may be signed by the Department Director. b. Amendments that, either singly or combined with all previous amendments, increase the total contract amount from under to over the Mayor's signature threshold require City Council approval. c. Amendments that, either singly or combined with all previous amendments, exceed 10% of the original contract or the Mayor's signature threshold, whichever is less, require City Council approval 7 City of Tukwila Purchasing Policy 5-15-24 161 8. THRESHOLD COST NEGOTIATION REQUIREMENTS The following cost thresholds apply for purchases of supplies, equipment, and non-professional services. Non-professional services include routine and continuing functions predominately related to physical activities. The cost thresholds below do not apply to purchase constituting public works or professional services (including architectural or engineering services). Refer to Section 13 for situations involving sole source or emergency purchases. A. $15,000 or Less: Direct negotiation Purchases in this price range may be entered into through direct negotiation. Competition is not required, though departments should still make every effort to receive the best price possible. Documentation on all quotes should be retained. B. $15,001 to $50,000: 3 quotes needed For purchases in this price range, at least three quotes shall be obtained. Quotes may be obtained by telephone or in writing. Documentation on all quotes will be retained. The documentation will include the date, time, vendor contact name, phone number, email (if applicable), price quoted and any reasons for acceptance or refusal of the quote. C. $50,001 or More: Competitive Bids For purchases in this price range, competitive bids shall be obtained from at least 3 vendors. Bids do not need to be sealed but shall be in writing. See Section 10 on competitive bidding for a detailed description of the procedures to be followed. 9. PUBLIC WORKS PROJECTS Public works projects are defined by RCW 39.04.010 to include but are not limited to work, construction, alteration, repair, or improvement (other than ordinary maintenance, engineering analysis, and design and other professional services) executed at the City's cost, or which is by law a lien or charge on any property therein. If the City contracts out for maintenance or repairs, the work is a public work for bidding and prevailing wage purposes. A. Defining Project Costs The cost of a public works project includes the costs of materials, supplies, equipment, and labor on the construction of that project. It is important to determine the estimated total construction of each project in order to correctly apply bid limit dollar amounts to determine if the public works project must be competitively bid. If the total project amount is over the bid thresholds, then all contracts, no matter the individual dollar amount, must be procured through the bid process. The estimate may be prepared by an outside third party; however, the final cost estimate must be validated by the City. B. City Labor The City may use Public Works staff to perform and execute all projects not exceeding $116,155 (multiple crafts), or not exceeding $75,000 (single craft). RCW 35.23.352. These projects include equipment, material, supplies, and labor costs. However, the City must provide a report to the state auditor of the costs of all public works in excess of City of Tukwila Purchasing Policy 5-15-24 162 $5,000 that are not let by contract. For any project using City workers that costs in excess of $25,000, the City must publish a description of the project and its estimated cost in its official newspaper at least 15 days before beginning the work. RCW 39.04.020. C. Bid Requirements Washington State law requires the City to call for bids whenever the cost of a public work will exceed $116,155, if more than one craft or trade is involved. If only a single craft or trade is involved, or if the project is for street signalization or street lighting, bids must be called for if the cost is greater than $75,000. The City has established the following additional guidelines for the bidding process: 1) Public Works Contracts $50,000 or less: Minimal competition. Place inquiries to 1— 3 qualified firms or individuals describing the desired services, request prices, schedules and qualifications. 2) Public Works Contracts $50,001 to $300,000: Informal competition. Select from appropriate consultant roster or other list and ask for proposals. 3) Public Works Contracts $300,001 or more: Formal competitive bidding. Advertise and call for bids using the formal bid process. 4) Exceptions: If the public works project is funded in whole or in part by Federal funds, a formal bid process may be required. Refer to the Uniform Guidance procurement standards in 2 CFR § 200.318- 200.327. All contracts are to be awarded to the lowest responsible bidder. RCW 39.04.350 outlines criteria that a bidder must meet in order to be considered responsible. D. Limited Public Works Process The limited public works process is a type of small works roster process that applies only to contracts estimated to cost less than $50,000. While no advertisement is required, the City must still solicit electronic or written quotations from a minimum of three contractors from the appropriate Small Works Roster. This process is described in RCW 39.04.155(3) and allows the City to waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW. However, prevailing wage affidavits and insurance are still required. Consult with the City Attorney for prior approval when waiving both of these requirements. E. Prevailing Wages The City is required by RCW 39.12.040 to require contractors to pay prevailing wages on all public works contracts. A "Statement of Intent to Pay Prevailing Wages" must be received from a contractor before any payment is made, and an "Affidavit of Wages Paid" must be received following final acceptance of the work. F. Bid Deposit, Performance Bond, and Payment Bond The City may require a bid deposit when soliciting competitive quotes or bids. The bid deposit can be in the form of a certified check or bid bond in an amount equal to and not less than 5% of the total bid and shall be specified in the call for bids. All public works contractors shall furnish a performance bond and a payment bond in an amount equal to the total amount of the contract on a form approved by the City Attorney. In lieu of a performance bond on contracts of $150,000 or less, a contractor may request to have 10% of the contract retained for a period of 30 days after the date of final acceptance. The request will be evaluated and accepted or rejected by the City 9 City of Tukwila Purchasing Policy 5-15-24 163 Attorney. G. Retainage Chapter 60.28 RCW outlines the requirements related to retainage. The intent of the retainage is to guarantee that laborers and material suppliers will be protected for payment of any claims arising under the contract and with respect to taxes, increases, penalties or liens related to a public improvement project (RCW 60.28). Retainage may also be used to satisfy tax claims by the Department of Revenue and/or the City, prevailing wage related claims by the Department of Labor and Industries, unemployment compensation related claims by the Employment Security Department, and contract performance claims by the City itself. State law requires the City to withhold up to 5% of the contract price for retainage purposes. H. Public Works over $1 Million RCW 39.30.060 specifies that in order for their bid to be considered responsive, every bidder for a public works contract of over $1 million must submit (either with their bid or within one hour of the bid submittal time) the names of all subcontractors that will be used for heating, ventilation and air conditioning, plumbing and electrical work. I. Alternative Public Works Contracting Procedures Chapter 39.10 RCW permits alternative public works contracting procedures. The State legislature finds that the traditional process of awarding public works contracts in lump sum to the lowest responsible bidder is a fair and objective method of selecting a contractor. However, under certain circumstances, alternative public works contracting procedures may best serve the public interest if such procedures are implemented in an open and fair process based on objective and equitable criteria. If the City desires to utilize the alternative procedures, it shall follow the requirements set out in RCW 39.10. J. Change Order Authority A change order is a written amendment or modification of a contract for the construction of a capital project, including, but not limited to, contracts for construction of a public work using alternative public works processes authorized by state law. The following outlines the Mayor's approval authority only for change orders that do not materially change the intended scope of the project. Change orders that change the intended scope of the project or that exceed the cost thresholds outlined below require City Council approval. 1) Capital project under $499,999. The Mayor is authorized to sign change orders on a capital project where the original construction contract value is under $500,000 to the extent the sum of the change orders do not exceed 20% of the original contract value. 2) Capital project between $500,000 to $999,999. The Mayor is authorized to sign change orders on a capital project where the original construction contract value is $500,000 - $999,999 to the extent the sum of the change orders do not exceed an amount equal to $100,000 plus 15% of the original contract value that exceeds $500,000. 3) Capital project between $1,000,000 to $4,999,999. The Mayor is authorized to sign change orders on a capital project where the original construction contract value is at least one million dollars and less than five million dollars to the extent the sum of the change orders do not exceed an amount equal to one hundred seventy-five thousand dollars plus 10% of the original contract value that exceeds $1,000,000. 10 City of Tukwila Purchasing Policy 5-15-24 164 4) Capital projects of at least $5,000,000. The Mayor is authorized to sign change orders on a capital project where the original construction contract value is at least $5,000,000 to the extent the sum of the change orders does not exceed an amount equal to $575,000 plus 5% of the original contract value that exceeds $5,000,000. 5) Before or during the course of a particular capital project, the City Council may authorize different or additional limits for change orders or withdraw the authority granted by this section. 10. COMPETITIVE BIDDING PROCESS A. Public Notice RCW 35.23.352(1) sets out the advertising requirements for the public works bidding process. For all contracts that require bids, notice shall be published in the official newspaper at least 13 days prior to the due date for bids. B. Bid Specifications Bid specifications should incorporate a clear and accurate description of the technical requirements for the material, product, or service to be purchased. Such descriptions should not contain features that unduly restrict competition. When it is impractical or uneconomical to make clear and accurate description requirements, a "brand name or equal" description may be used. The responsibility of demonstrating to the City's satisfaction that a product is "equal" to that specified shall be on the vendor proposing the substitution. Requests for approval of substitutions must be made with sufficient time to allow the City to adequately review the proposal, including time for vendors to respond to questions and requests for additional information or clarification. The City has no obligation to accept proposed substitutions. Acceptance of a substitute product proposed as an "equal" to that specified will be made in writing. If this acceptance occurs prior to the bid, other bidders will be notified to the extent practical. C. Award The contract will be awarded to the lowest responsive and responsible bidder whose bid meets the requirements and criteria included in the invitation for bids, or all bids will be rejected. RCW 39.04.350 outlines criteria that a bidder must meet in order to be considered responsible. The City also requires that the contractor must: • Have or agree to obtain a current City business license • Be current with all applicable licenses, taxes, and fees owed to the City of Tukwila In addition, the City adopts the following supplemental criteria which may be used in connection with specified projects: • The ability, capacity, and skill of the bidder to perform the contract or provide the service required • The character, integrity, reputation, judgment, experience, and efficiency of the bidder • Whether the bidder can perform the contract within the time specified • The quality of performance of previous contracts or services • The previous and existing compliance by the bidder with laws relating to the contract or services 11 City of Tukwila Purchasing Policy 5-15-24 165 • Such other information as may be secured having a bearing on the decision to award the contract When using the supplemental criteria described above, the City will include the supplemental criteria in the bidding documents, together with a basis for evaluation, deadline for bidder to submit required documentation, and deadline for bidder to appeal a "not responsible" determination. When a trade-in option exists and is in the City's best interest, the price offered on the trade-in will be considered when determining the lowest responsive and responsible bid. RCW 39.30.040 allows any local sales tax revenue generated by the purchase to be considered in determining the lowest responsive and responsible bid. Other preferences favoring local businesses are not permitted. D. Cancellation An invitation for bids may be cancelled. Additionally, the City (at is sole discretion) may choose to reject any or all bids, in whole or in part. A resolution is the preferred method for rejecting all bids; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. E. Bid Submittal Bids will be submitted as specified in the Invitation for Bid by the appointed date and time listed in the invitation. Each bid will be dated, and time stamped as it is received. Late bids will not be accepted. If the bid is for a sealed bid process, all qualified bids will be opened and read aloud publicly at the appointed time. No City representative shall inform a contractor of the terms or amount of any other contractor's bid for the same project prior to the bid opening date and time. Once bids have been submitted (and opened, if the bids are sealed), the City may not negotiate with bidders. The contract must be awarded to the lowest responsive and responsible bidder, or else all bids must be rejected. A written record shall be made of each contractor's bid on a project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry. F. Bid Security RCW 35.23.352(1) provides that each bid must be accompanied by a bid proposal deposit in the form of a cashier's check, postal money order, or surety bond to the City Council for at least 5% of the bid amount, including sales tax. The statute adds that "no bid shall be considered unless accompanied by such bid proposal deposit." G. Non -Collusion Affidavit Each bidder shall be required to warrant that their bid is genuine, and that they have not entered into collusion with other bidders, by submitting with their bid an executed and notarized affidavit on a form approved by the City Attorney. 11. SERVICE CATEGORIES There are several different categories of services, so it is important to determine what service you need because that may guide the manner of solicitation. A. Professional Architectural and Engineering Services Professional architectural and engineering (A&E) services are services provided by any person, other than 12 City of Tukwila Purchasing Policy 5-15-24 166 an employee of the agency, that fall under the general statutory definitions of: • Chapter 18.08 RCW (Architects) • Chapter 18.43 RCW (Engineers and Land Surveyors) • Chapter 18.96 RCW (Landscape Architects) 1) Purchase of A&E services. By law, A&E consultants are first selected based upon their qualifications as opposed to price. See Chapter 39.80 RCW. This statute says that a city may not consider price in the selection process for professional A&E services. Rather, the City must select the most qualified firm and then negotiate a price for the work contemplated. There are two ways to select an A&E consultant: • Use a Request for Proposal (RFP). This requires the City to draft a written scope of the project and list the criteria used to select the consultant from the City's MRSC architectural, landscape architectural, and engineering service roster pursuant to the process in Chapter 39.80 RCW. • Use a Request for Qualifications (RFQ). This requires following the formal RFQ process in Chapter 39.80 RCW. Once consultants have submitted their proposals or qualifications, as applicable, the City will negotiate a contract with the most qualified firm at a price the City deems fair and reasonable. In making its determination, the City will take into account the estimated value of the services to be rendered as well as the scope, complexity, and professional nature of the service to be provided. If the City is unable to negotiate a satisfactory contract with the firm selected at a price that is determined fair and reasonable, negotiations with that firm will be formally terminated. Another firm will then be selected, and the process continued until an agreement is reached or the process terminated. 2) Publication. RCW 39.80.030 requires that the City shall publish in advance the City's requirement for professional services. The City may comply with this section by: (1) publishing an announcement on each occasion when professional services provided by a consultant are required by the City; or (2) announcing generally to the public its projected requirements for any category or type of professional service to create a Consultant Roster. Advertising for the Consultant Roster must be done at least once a year by MRSC on the City's behalf. The MRSC Consultant Roster will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services. Firms or persons providing consulting services shall be added to the appropriate Roster at any time they submit a written request and necessary records. The City reserves the right to publish an announcement on each occasion when professional services or other consulting services are required. B. Personal Services Personal services are those provided by independent consultants that require specialized knowledge, advanced education, and/or professional licensing to provide intellectual service. This includes but is not limited to accountants, attorneys, strategic planners, studies/analysis, and trainings. 13 City of Tukwila Purchasing Policy 5-15-24 167 Purchases of Personal Services. Personal services can be purchased in a variety of ways. The City can send a written solicitation to qualified firms or individuals describing the needed services. This solicitation should request prices, schedules, and qualifications. If helpful, utilize the MRSC Consultant Roster. Alternatively, develop a formal RFP and advertise for the services desired. C. Purchased Services Purchased services include those provided by vendors for routine, necessary and continuing functions of the City. These services are usually repetitive, routine, or mechanical in nature, support the agency's day- to-day operations, involve the completion of specific tasks or projects, and involve minimal decision - making. There are a number of purchased services, however, that hover over that thin gray line between purchased services and public works contracting. For example, the Department of Labor and Industries considers some service contracts, such as HVAC maintenance or road striping, to be public works projects and subject to public bidding requirements. If a particular contract is very near the gray line, the conservative approach is to consider it a public works contract. Purchases of Purchased Services. Similar to personal services, purchased services can be procured in a variety of ways. The City can obtain quotes, or use a formal bid, or an RFP. If obtaining quotes, include request for price, schedules, and qualifications. Evaluate proposals received and determine the lowest responsive bidder. 12. MATERIALS, SUPPLIES, EQUIPMENT (UNRELATED TO PUBLIC WORKS, SERVICES, A&E) Distinguishing between public works and materials, supplies, and equipment not used in public works is important because different bidding requirements apply to each. Some "materials, supplies, and equipment" not used in connection with a public works project or improvement are fairly easy to identify (rubber bands, fire trucks, copy machines), as well as many "services." Some materials, supplies, and equipment are more ambiguous. Other materials, including telecommunications, data processing, and software have specific purchasing guidelines established in state law. A. Telecommunications, Data Processing and Software. The State Legislature, recognizing the unique aspects of computer and telecommunication systems, established an alternative process for making such purchases. RCW 39.04.270, which is available to all municipalities, allows purchases through use of an alternative competitive negotiation process requiring, at a minimum, the following steps: 1) A request for proposals (RFP) must be published in a newspaper of general circulation at least 13 days before the last date on which the proposals will be received. 2) The RFP must identify significant evaluation factors, including price, and their relative importance. 3) The City must provide reasonable procedures for technical evaluation of the proposals, identification of qualified sources, and selection for awarding the contract. the City. 4) The award must be made to the qualified bidder whose proposal is "most advantageous" to 5) The City may reject all proposals for good cause and request new proposals. B. Additional guidance regarding purchases of materials, supplies and equipment can be found in 14 City of Tukwila Purchasing Policy 5-15-24 168 Section 8. Refer to the Procurement Policy Table in Section 1 of this policy, and ask questions if you are uncertain. 13. EXCEPTIONS TO THE COMPETITIVE PROCESS State law provides for exceptions to the bidding requirements outlined in above sections. These exceptions only waive the competitive bidding requirements, not the contractual requirements, approvals, or insurance requirements. City staff may not use personal preference as the basis for claiming a single source of supply. Exceptions to the competitive bidding requirements include: • Purchases that are clearly and legitimately limited to a single source of supply such as: o Licensed or patented good or service o Items that are uniquely compatible with existing equipment, inventory, systems, programs or services o Meets City standards (i.e. water meters) o Factory -authorized warranty services A resolution is the preferred method for sole source purchases; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. • Purchases involving special facilities or market conditions o Item is of special design, shape or manufacture that matches or fits with existing equipment, inventory, systems o Item will be sold before the City can conduct the bid process when over bid thresholds • Purchases in an emergency (see TMC Chapter 2.57, "Emergency Management") A resolution is the preferred method for declaring an emergency as a prerequisite to purchases during an emergency; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. • Inter -Governmental Cooperative Purchases • Purchases of insurance or bonds • Pollution control facilities and some neighborhood "self-help" projects may be exempt from bidding requirements • Cities may hire the state or county to do road projects without going out for bids • Real property. Acquisition of real property is exempt from the competitive bidding requirements of this policy. Upon approval of the City Council, the City Administrator may proceed to acquire real property through negotiation. Such negotiations shall be based upon an independent fee appraisal of the property. 15 City of Tukwila Purchasing Policy 5-15-24 169 14. DISPOSAL OF SURPLUS PROPERTY A. Policy Statement City assets in excess of $1,500 that are no longer useable, are no longer of value to the City, or are surplus to the City's needs may not be removed from City ownership, sold, or in any other way disposed without a declaration by resolution of the City Council. Similarly, items in excess of $100 that are no longer useable, are no longer of value to the City, or are surplus to the City's needs may not be removed from City ownership, sold, or in any other way disposed without approval by the Mayor or City Administrator. All items of $100 or less may be disposed in accordance with the direction of department directors. B. Definitions City Asset means any tangible item purchased with City funds valued in excess of $100. TIS Asset means computers and related equipment, fax machines, printers, scanners and copiers, cell phones, telephone equipment, pagers, software or systems, and anything the Tukwila Technology and Innovation Services Department is requested or required to install, connect, or service. C. Procedures 1) Disposal of City property valued less than $499 shall follow this process: O When a City department determines an item of this value is surplus to its needs, the department shall notify the Mayor's Office and all other City departments of the item's availability, seeking first to reassign its use to another City department. TIS Assets shall be exempt from this notification requirement to City departments other than the Mayor's Office. O If no other departments are interested in the item, it may be disposed in the method seen most prudent by the department director. The director should first notify the Mayor's Office and Finance Department of the intended method of disposal prior to finalizing the process for disposal. 2) Disposal of City property valued at $500 or more shall follow this process: O Reassignment of Assets. When a City department makes a determination that a City or TIS Asset with a value of $500 or more is surplus to its needs, the department shall notify the Mayor's Office. The Mayor's Office shall assess whether the City Asset can be reassigned within another City department where it can be of use or value. TIS Assets shall be exempt from the requirement to be reassigned to other City departments. O Minimum Requirements. If it is not possible to reassign the City Asset or the item is a TIS Asset, the Mayor's Office shall prepare the asset for a declaration of surplus by the City Council. Each asset requiring a declaration of surplus must have a value assigned and a recommended method of disposal. O Methods of Disposal. The primary method of disposal to the general public is by sale. Recognized methods of sale include direct sale, sealed bid, trade-in or auction. Other methods of disposal to the general public must be clearly detailed in writing and must have the consent of the City Council. O Transfer to Another Public Agency. The City Council may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest to do so. Such request shall specify the asset and the inability of the other public agency to otherwise afford to buy it. The City Council may elect to trade assets, authorize the Mayor to negotiate payment or transfer the asset without compensation. 16 City of Tukwila Purchasing Policy 5-15-24 170 A resolution is the preferred method for surplussing of City property; examples may be found in the City's Digital Records Center or by contacting the City Clerk's Office. 3) Additional Requirements: O Assets over $50,000. If the value of the asset is estimated to be more than $50,000, and if the sale or conveyance is to another governmental entity, the provisions of RCW Section 39.33.020 shall apply. This includes several requirements, including a public hearing and certain notice provisions. O Utility Assets. If the asset was originally purchased for utility purposes, the provisions of RCW Section 35.94.040 shall apply. This includes several requirements, including a resolute and public hearing. O Trade -Ins: Trade-in of old equipment to upgrade similar or reasonably related equipment is permitted when it is in the best interest of the City. The requesting Department Director shall be responsible for the sale, trade, or other disposition of surplus property and scrap belonging to the City of Tukwila when used for a trade-in. Trade-ins must be negotiated, documented at "Fair Market Value" by the Department Director, and declared surplus ahead of time by the City. Fair Market Value can be determined by finding comparable units that have been sold at online auctions. O Other: If the asset proposed as surplus is evidence released by the Court, seized assets or unclaimed property, the Mayor's Office shall review the appropriate statutes prior to asking the City Council to declare it surplus. 4) Final Determination of Value When disposal is made to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. 5) Prohibited Benefit It is recognized that City Council members and Mayor are prohibited by state law from benefiting from the disposal of public assets of the City. Great care should be taken to assure that a perception of benefit to employees and others doing business with the City does not occur. 6) Delegation of Authority The City Council may elect to delegate the task of declaring items surplus to the Mayor by amending or adding to this policy and identifying the conditions thereof within this policy. If such a delegation is made, the prohibition of benefiting from the disposal of public assets is extended to the Mayor and his/her immediate staff. 15. ADDITIONAL CONSIDERATIONS A. Certificates of Insurance The contractor or consultant may be required to provide the City with a Certificate of Insurance, naming the City as a primary and noncontributory additional insured with an additional attached endorsement. Insurance requirements are determined by WCIA (Washington Cities Insurance Authority) and the City Attorney. 17 City of Tukwila Purchasing Policy 5-15-24 171 B. State Contractor's License It is unlawful for the City to hire anyone to perform public work on our property that does not have a valid State of Washington Contractor's License. If someone is not properly licensed, DO NOT HIRE THEM. You may look up a contractor to determine if they have a valid Contractor's License at via the Washington State Department of Labor and Industry's website: https://Ini.wa.gov/licensing-permits/contractors/hiring-a-contractor/verify- contractor-tradesperson-business C. City Business License A City of Tukwila business license may be required for any person or business working inside the city limits. See TMC Title 5, "Business Licenses and Regulations" for specifics. 16. REFERENCES Revised Code of Washington (RCW) 39.80 (Contracts for Architectural and Engineering Services) RCW 39.04 (Public Works) RCW 39.34 (Interlocal Cooperation Act) RCW 35A.40 (Fiscal Provisions applicable to Code Cities), 35.23 (Second Class Cities) Municipal Research Services Center (MRSC) publication: "City Bidding Book —Washington State" Federal Office of Management and Budget (OMB) Uniform Guidance CFRs: Title 2 CFR 200. et al City of Tukwila Grants Policy (TBD) Procurement Card (Pcard) User Manual City of Tukwila Administrative Policy - Equity Policy City of Tukwila Administrative Policy 400-05 — Processing of Contracts/Agreements City of Tukwila Capital Improvement Program Policies and Procedures 17. GLOSSARY Amendment — Written modification or addition to a purchase order or contract authorized by the appropriate authority. Bid — The executed document submitted by a bidder in response to a notice inviting bids, a proposal, or a request for qualifications. Bid Bond — A bond or deposit submitted with a bid, for a sum not less than 5% of the bid amount (including sales tax). Designed to help ensure that a bid has been made in good faith and that the bidder will enter into a contract if a bid is accepted. Bidder —A person or legal entity who submits a bid in response to a solicitation. Competitive Bidding — The submission of prices by individuals or firms competing for a contract, privilege, or right to supply merchandise or services. Contract — A verbal or written, legally binding mutual promise between at least two parties. Designee — A duly authorized and appointed representative of an employee that holds a superior position to the person appointed to represent him or her. Emergency — Unforeseen circumstances beyond the City's control that present a real, immediate threat to the 18 City of Tukwila Purchasing Policy 5-15-24 172 proper performance of essential functions, or that will likely result in material loss to property, bodily injury, or loss of life if immediate action is not taken. "Equitably distribute"— Means the City may not favor certain contractors on the appropriate Small Works Roster over other contractors on the appropriate Small Works Roster who perform similar services. Lowest (Responsive and) Responsible Bidder — The bidder submitting the lowest price that is also capable of performing the proposed contract. See also "responsive bidder" and "responsible bidder." Non -Professional Services or Purchased Services— Services provided by vendors for routine, necessary and continuing functions of a local agency, relative to a physical activity. Examples include, but are not limited to: • Courier services • Janitorial services • Disposal services • Vehicle inspection, repair or up -fitting • Office furnishing installation • HVAC system maintenance Ordinary Maintenance — Work not performed by contract and that is performed on a regular basis (daily, weekly, monthly — but not less than once per year) to service, check or replace items that are not broken. Also defined as work not performed by contract that is not regularly scheduled, but is required to maintain an asset so that repair does not become necessary. Prevailing Wages — The hourly wages, usual benefits, and overtime paid in the largest city in each county to the majority of workers, laborers, and mechanics. Prevailing wages are established by the Washington State Department of Labor and Industries for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. Professional Services — Services which provide professional or technical expertise to accomplish a specific study, project, task, or other work statement. Examples include, but are not limited to: • Architectural, engineering or design services • Accounting and auditing • Bond or insurance brokerage • Consulting services • Legal services • Real estate appraisals or title abstracts • Relocation assistance • Surveying • Soils analysis or coretesting • Water quality monitoring Public Work— All work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or which is by law a lien or charge on any property therein. Quotation — A statement of price, terms of sale, and description of goods or services offered by a prospective seller to a prospective purchaser, usually for purchases below the amount requiring formal bidding. For professional service contracts, quotes would typically include the qualifications of the provider and may or may not include pricing information depending on the situation. 19 City of Tukwila Purchasing Policy 5-15-24 173 Request for Proposal (RFP) — All documents, whether attached or incorporated by reference, utilized for soliciting competitive proposals. The RFP procedure permits negotiation of proposals and prices, as distinguished from competitive bidding and a notice inviting bids. The procedure allows changes to be made after proposals are opened and contemplates that the nature of the proposals and/or prices offered will be negotiated prior to award. Request for Qualification (RFQ) — A document generally used for obtaining a summary of qualification from prospective providers of professional services. Responsible Bidder — A person or legal entity who has the capability in all respects to perform in full the contract requirements, and the integrity and reliability which will assure good faith performance. Responsive Bidder — A person or legal entity who has submitted a bid conforming in all material respects to the terms and conditions, specifications and other requirements in a request for bids. Sealed Bid — A bid which has been submitted in a sealed envelope to prevent its contents from being revealed before the deadline for the submission of all bids. Sole Source— An award for a purchase to the only reasonably known capable vendor due to the unique nature of the requirement, the vendor, or market conditions. Specifications — A description of what the purchaser seeks to buy or accomplish — and consequently what a bidder must be responsive to in order to be considered for award of a contract. May be a description of the physical or functional characteristics, or the nature of a supply or service. May also include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. Surplus property— Any tangible, personal property owned by the City that is no longer needed or usable, presently or in the foreseeable future. 20 City of Tukwila Purchasing Policy 5-15-24 174 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/20/24 DR ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 5/20/24 AGENDA ITEM TITLE TCC HVAC Update & Phase 1 Approval CATEGORY ® Discussion Mtg Date 5/20/24 ® Motion Mtg Date 5/20/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award llltg Date ❑ Public Hearing Mtg Date ® Other 1 1tg Date 5/20 SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ❑ P&R ❑ Police ® PW SPONSOR'S SUMMARY McKinstry, the chosen contractor for the TCC HVAC Replacement project, has concluded its Investment Grade Audit of the facility and city staff now present McKinstry's Energy Services Proposal for consideration. City staff recommend council select Option A, the "Like for Like + Upgrades" REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 5/13/24 COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous approval; Forward to 5/20 Meeting Unfinished Business COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $1,735,419 AMOUNT BUDGETED $2,000,000 APPROPRIATION REQUIRED $0 Fund Source: GRANTS / FUNDS 000 & 301 Comments: $1,249,810 from grants, $100,000 from General Fund, & $385,609 from Parks Dev Fund MTG. DATE RECORD OF COUNCIL ACTION 5/20/24 MTG. DATE ATTACHMENTS 5/20/24 Informational Memorandum dated May 10, 2024 McKinstry Investment Grade Audit Report McKinstry Energy Services Proposal 175 176 City of Tukwila Thomas McLeod, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Marty Wine, City Administrator BY: Hari Ponnekanti, Public Works Director & Pete Mayer, Parks & Recreation Director/Deputy City Administrator DATE: May 10, 2024 SUBJECT: TCC HVAC Replacement Project — Investment Grade Audit Results ISSUE City staff are proceeding with replacing a failing heating, ventilation, and air-conditioning (HVAC) system at Tukwila Community Center (TCC) via the Energy Savings Performance Contracting (ESPC) Program provided by the Washington State Department of Enterprise Services (DES). McKinstry, the selected Energy Service Company (ESCO), has completed an Investment Grade Audit (IGA) which is the first step in the ESPC process to evaluate and replace energy systems under the state program. Staff is now ready to update council on the IGA results and proceed with Phase I of construction. BACKGROUND Past Budgetary & Capital Planning Efforts As part of the 2023-2024 Biennial Budget and 2023-2028 Capital Improvement Program city staff placed the TCC HVAC Replacement Project within the General Government Facilities General Improvements Fund (303) project list under "Facility Improvements". At the time, initial estimates provided by Auburn Mechanical placed the project at a total cost of $2M funded with a mixture of fund sources such as pre-existing Fund 301 fund balance, General Fund (000) operating revenue, and proposed grants such as state and federal appropriations and/or capital grants from local, state, and federal sources. City staff continue to collaborate with various parties to identify and secure additional funding sources. The Project to Date The Tukwila Community Center, which serves as the city's primary recreation center and headquarters for the Parks & Recreation Department, still utilizes its original HVAC system and components from its construction in 1997. Additionally, the gymnasium lacks a cooling system, inhibiting the ability to serve as an emergency shelter, particularly as a temporary cooling shelter during periods of extreme heat. Overall, the TCC HVAC system is nearing obsolescence and must eventually be replaced to maintain operational readiness for both day-to-day and emergency operations. To assist with this project, city staff retained the services of McKinstry (Contract 23-087) after an open outcry RFQ process. McKinstry was tasked with assessing the current system, studying potential replacement options, and assisting in the identification of additional funding sources that could be used towards the project. This effort culminated in the current Investment Grade Audit which identifies the various components for replacement and the cost and benefits of each. The city team working on the project includes staff from the Public Works and Parks & Recreation departments as well as the Mayor's Office. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 177 DISCUSSION The Investment Grade Audit includes these deliverables: • Guaranteed Maximum Construction Cost o Should the city move forward with a proposed project option and the cost ultimately exceeds this amount (Known as GMAX), the contractor is solely responsible for covering the additional funding needs as enforced by the construction contract executed between the city, DES, and said contractor. • Guaranteed Minimum Energy Savings • Guaranteed Systems/Equipment Performance • 30% Design Schematics for Proposed Project The Investment Grade Audit evaluated two replacement options: Option A: Like for Like + Gymnasium Cooling + High Efficiency Equipment Replacement Option A would include a replacement of the current TCC HVAC system with a nearly identical system but with new cooling capability in the gymnasium. Additionally, the new equipment would include high efficiency boilers and chillers that would meet all provisions of the proposed 2021 Washington State Energy Code (WSEC) anticipated to take effect on March 15th, 2024. Option B: Air Source Heat Pumps + Gymnasium Cooling + High Efficiency Boiler Upgrade Option B would include a replacement of the existing Air Cooler Chiller with new Air Source Heat Pumps (ASHPs) that provide both cooling and heating throughout TCC. The existing boilers would also be replaced with upgraded boilers to provide auxiliary heating. The attached Energy Services Proposal illustrates the scope and cost associated with Option A. FINANCIAL IMPACT The current funding model for Phase 1 of the HVAC replacement is seen below: Source Amount WA State Appropriation (Department of Commerce) $749,810 King County Best Starts for Kids Capital Grant City General Fund KC Parks Levy (301 Fund) $500,000 $100,000 $185,609 REET1 (301 Fund) $200,000 $1,735,419 RECOMMENDATION City staff seeks Council authorization to proceed with Phase I of the ESP which includes the replacement of the (Boilers/Chillers) at the TCC in the amount of $1,735,419. Staff recommends the committee forward this ESP for further consideration at the Unfinished Business of the May 20th City Council Regular Meeting agenda. ATTACHMENTS A --- Investment Grade Audit Report B --- Energy Services Proposal Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 178 Tukwila Community Center - HVAC Upgrades Project # 2024 269 A(1) INVESTMENT GRADE AUDIT TUKWILA, WA MAY 3, 2024 For the Life of Your Building For Th instry ife Of Your Building 179 For Th instry ife Of Your Building Contents 5.1 PURPOSE AND ORGANIZATION 03 5.2 EXISTING FACILITY DESCRIPTION 04 5.3 FACILITY IMPROVEMENT MEASURES - CALCULATIONS 06 SUMMARY 07 ADJUSTED BASELINE 08 CONTROLS 14 BOILER 20 5.4 FACILITY IMPROVEMENT MEASURES - ADDITIONAL SCOPE DOCUMENTS 26 DATA LOGGERS 27 BAS DATA 36 RENTAL SCHEDULE 44 5.5 FIMS CONSIDERED BUT NOT USED 46 5.6 UTILITY DATA 48 CONFIDENTIAL & PROPRIETARY 180 Investment Grade Audit Report 5.1 PURPOSE AND ORGANIZATION This exhibit documents the analysis performed to establish the utility and operational savings for the project. The information is organized by FIM (Facility Improvement Measure) as follows: • FIM Narrative with key assumptions and criteria • Savings calculation methodology and analysis Additionally, relevant site survey data, measurement and verification data, utility information and miscellaneous back-up information are provided in the sections following the various FIM sections. For Th instry le Of Your Building CONFIDENTIAL & PROPRIETARY Page 3 181 Investment Grade Audit Report 5.2 EXISTING FACILITY DESCRIPTION The Tukwila Community center is primarily served by fan -powered variable air volume (VAV) terminal units with hot water reheat. These units have primary air supplied by centralized air -handlers with hot and chilled water coils (AHU-1 and AHU-2), which run 24/7. The locker rooms are served by a heating -only AHU with hot water coil (AHU-3) with additional fan -powered VAV terminal units with hot water reheat. The gym space is served by a dedicated single -zone air -handler with hot water heating and no cooling systems (AHU-4). It is the City's desire to add cooling to this space in some form. Auxiliary spaces like corridors and entries are served by hot water and electric unit heaters. Restrooms and the kitchen are served by standalone exhaust fans. Kitchen make-up air is provided through a transfer fan that pulls air out of the AHU-1 return duct and supplies it to the kitchen. The central plant heating equipment consists of (2) 1,300 MBH gas -fired non -condensing boilers with (2) associated primary pumps for boiler circulation, and (2) secondary pumps for building hot water circulation. The central plant cooling equipment consists of (1) 90-ton air-cooled chiller with (2) secondary pumps for building chilled water circulation. There is no centralized control system for the above HVAC equipment. Electrically, the building is served from a 1200-amp main switchboard, at 480/277 volt. The switchboard is 'main lugs only', with multiple circuit breakers serving as the service disconnects. Currently there are (3) service disconnects in use, and (1) spare service disconnect. Code would allow the addition of a maximum of (2) additional service disconnects in this service equipment to max out at (6). However, any new service disconnect for this switchboard would require its own new dedicated switchboard section, if the electrical inspector deems that current Code must be followed. The atrium in the middle of the building separates the building into a west wing and east wing. The main switchboard is in the west wing. The atrium is a wide-open volume of space that creates a barrier to running any new conduits from the west wing to the east wing. It is not known if any spare conduits exist, running underground between the wings, which would be a consideration if any new panels need to be added in the east wing. For Th instry le Of Your Building CONFIDENTIAL & PROPRIETARY Page 4 18 Investment Grade Audit Report For Th instry le Of Your Building Existing Systems and Floor Plan Layout CONFIDENTIAL & PROPRIETARY Page 5 183 Investment Grade Audit Report 5.3 FACILITY IMPROVEMENT MEASURES -CALCULATIONS For Th FIM # 01.01-TCC — Full Building Controls and Boiler Plant Upgrades instry le Of Your Building CONFIDENTIAL & PROPRIETARY Page 6 18 5.3 FIM CALCULATIONS - SUMMARY McKinstry Calculation Template 01.01-TCC Full Building Controls and Boiler Plant Upgrades instry le III Your Building Project Information: Project Name TCO Project ID TCO Tool FIM ID Description of FIM From TCO Tool: City of Tukwila 3430 51724 FIM Name Engineer Date 01.01-TCC Full Building Controls and Boiler Plant Upgrades 0 5/1/2024 This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. FIM Calculation Method From TCO Tool: McKinstry 8760 model is used to calculate the baseline and energy savings. The existing building uses about 10-20% Outside Air at each of the AHU. Baseline adjusting was performed to account the lack of existing ventilation. The baseline adjusting included modeling for 30% Outside Air. Teh adjusted baseline model is used to calculate the energy savings from respective strategies. The controls upgrade savings are primarily from aligning the HVAC operating hours to the building operating hours. Boiler plant upgrades accounts from improved boiler combustion efficiency. AHU energy savings are from conversion to VFD for speed control. TMY3 weather data of WA, SEATTLE SEATTLE-TACOMA INTL (Station ID 727930) is used in these models. Summary BASELINE ADJUSTMENT FOR INCREASED VENTILATION METERED DATA MODELED BASELINE ADJUSTED BASELINE Electricity kWh/yr Natural Gas Therms/Yr Electricity kWh/yr Natural Gas Therms/Yr Electricity kWh/yr Natural Gas Therms/Yr Adjusted Baseline - For Ventilation Airflow 726,621 25,173 710,203 22,401 698,443 32,555 EUI (kBtu/sf) 104 97 117 UPGRADE STRATEGIES & ENERGY SAVINGS Base Proposed Savings Strategy Electricity kWh/yr Natural Gas Therms/Yr Electricity kWh/yr Natural Gas Therms/Yr Electricity kWh/yr Natural Gas Therms/Yr Building Controls Upgrade - Schedules & Set Points 698,443 32,555 592,423 17,639 106,019 14,916 Boiler Plant Upgrade - Condensing Boiler 591,812 17,639 591,812 15,123 0 2,516 106,019 I 17,432 Post Install Building EUI kBtu/sf 79 74 1 Page 7 5.3 FIM CALCULATIONS - ADJUSTED BASELINE McK8760 - General Information 01.01-TCC Controls and Boiler Plant Upgrades nstry re mrn,BWImny Project Information: Project Name TCO Project ID TCO Tool FIM ID Weather Data: 01.01-TCC Controls and Boiler Plant Upgrades Description of FIM From TCO Tool: This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. HVAC & Load Schedules: Schedule A Title Schedule B Title Schedule C Title ASHRAE Schedule Type ASHRAE Schedule Type ASHRAE Schedule Type Utility Rate Schedules Schedule 1 Title Schedule 2 Title Schedule 3 Title Rate Schedule 1 Rate Schedule 2 Rate Schedule 3 Zone Data (for multi -model buildings) Zone Name Zone Description Zone Name (e.g. RTU-1 or West Wing) Zone Description Savings Tracker (Use if Modeling Multiple Efficiency Measures) Measure Description Baseline Building Performance Electric Demand (kW) ' Electricity (kWh) Natural Gas (therm) Steam (kLB) EUI (kBTU/SqFt/Yr) 97.15 Savings ► 97.15 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► + 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Notes: Page 8 186 5.3 FIM CALCULATIONS - ADJUSTED BASELINE McK8760 - HVAC Schedules 01.01-TCC Controls and Boiler Plant Upgrades le III roue &Wine Baseline HVAC Equipment Daily Schedules Schedule A - Regular Hour Sun Mon Tue Wed _ To 4 _llllllllllll© ©llllllllllll© ©o olllllllllM ©0 00 _lllllllllllli7 011lllllllllli7 Om mm m® ®® ®m m® ®_ _m m_ _m mm m® ®® ®® MEM Daily Totals I11.11=W24 i Thu Fri Sat 1 5 1 1 1 24 24 24 24U+ Proposed HVAC Equipment Daily Schedules Schedule A - Regular Hour Sun Mon Tue Wed From Tq ��1.2 3 4 MEM EIMMEI Illlllllllll©lllllllll . llllllllllll©o ollllllllllll© 00 _lllllllllllli7 10111111111111i7 ollm MENEM EMMEN ®MEN ®m mllm mllm EMMEN MENEM llmllm llmllm llmllm Daily Totals 24 Thu 5 Fri Sat 1 6 WI 24 24 24 24 24 2,' amour Sun Mon Tue Wed Thu Fri Sat To I 3 4 —1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Daily Totals 1 1 1 24 24 21 22 23 Scn Sun Mon Tue Wed Thu Fri Sat 1 2 3•---- 1 1 24 24 24 24 24 2MEMII Hour Sun Mon Tue Wed MENEM MINMEM WIMMEM MEIMMEM MUM MENNEN EMMEN MEM MEN MEN WM WM MEN MEN MEN MEN WM MPEN MIN MEN MEN MEN MEN MEN MEN NEN NM Daily Totals Thu 5 Fri Sat 6 7 24 MIIIMMOMIE=.= 0 = Unoccupied Mode 1 = Occupied Mode Hour Sun Mon From To 1 2 MEMEM MENEM MENNEN MENEM MINMEIM MEM MEN MEN WM WM MEN MEN MEN MEN WM MPEN MPEN MEN MEN MEN MEN MEN MMIN Daily Totals 24 24 Tue Wed Thu Fri Sat Page 9 5.3 FIM CALCULATIONS - ADJUSTED BASELINE McK8760 - Inputs 01.01-TCC Controls and Boiler Plant Upgrades ©instry Zone Inputs: Tag Variable Description Floor Area Units ft Baseline Proposed Basis I7 48,000 48,000 Confirmed by owner I8 Roof Area ft2 48,000 48,000 Confirmed by owner I9 Opaque Wall Area ft2 20,000 20,000 Estimated 110 Glazing Area Glazing ft2 5,100 5,100 Estimated Roof U-Factor Roof BTU/ft2/°F 0.033 0.033 Opaque Wall U-Factor Walls BTU/ft2/°F 0.050 0.050 Glazing U-Factor Glazing BTU/ft2/°F 0.550 0.550 Double pane Glazing Solar Heat Gain Coefficient (SHGC) Glazing - 0.650 0.650 Estimated Glazing Solar Gain Bldg Shape Factor - 0.300 0.300 Average Space Height (Floor to Ceiling) ft 10.00 10.00 Estimated Infiltration ach 0.250 0.250 Loose I19 Peak Number of Occupants Qty 150 150 Estimated I20 Sensible Heat Gain Per Person Btu/h 250 250 Standing/walking I21 Latent Heat Gain Per Person Btu/h 250 250 Standing/walking Peak Lighting Load Power Density W/ft2 1.00 1.00 Office I23 Peak Plug Load Power Density W/ft2 0.50 0.50 Office I24 Peak Exterior Lighting Load kW 2.50 2.50 I25 Peak Miscellaneous Load (Electrical) Watt 10,000 10,000 Miscellaneous Load Located in Conditioned Space Yes/No No No I27 HVAC On Cooling Space Temperature Set Point °F 74.0 74.0 I28 HVAC Off Cooling Space Temperature Set Point °F 80.0 80.0 I29 HVAC On Heating Space Temperature Set Point °F 71.0 71.0 I30 HVAC Off Heating Space Temperature Set Point °F 60.0 60.0 AHU & Plant Inputs: Tag Variable Description Units Baseline Proposed Basis I34 AHU Fan Power based on Control Type Type IGV IGV I35 Occupied Fan Operation Type Continuous Continuous I36 Maximum AHU CFM CFM 57,600 57,600 AHUs 1-4 combined I37 Min AHU CFM (% of Max CFM) (If CV+Cycles: min occ % run time) % 68.0 % 68.0% I38 Maximum % Outside Air (Economizer % OSA) % 100.0% 100.0% • Minimum % Outside Air (Occupied) % 20.0% 0.0% 3.0% Adjusted per code Minimum % Outside Air (Unoccupied) % 3.0% Economizer High Limit Set Point °F 70.0 70.0 Economizer Low Limit Set Point °F 60.0 60.0 Demand Controlled Ventilation (For Outside Air Control) Yes/No No No I44 DCV Airflow Per Person (Based on Space Type) DCV Tab CFM/Per 10.00 10.00 I45 DCV Airflow Per Area (Based on Space Type) DCV Tab CFM/ft2 0706 0O6 I46 AHU Fan TSP (At Max CFM) in w.c. 3.750 3.750 I47 Fan Efficiency % 60.0% 60.0% I48 Occupied Supply Air Temperature @ OAT > 85.0 °F 55 55 • Occupied Supply Air Temperature @ OAT > 65.0 °F 65 65 Unoccupied Heating Supply Air Temperature Setpoint °F 85 85 Unoccupied Cooling Supply Air Temperature Setpoint °F 55 55 AHU Cooling Efficiency (IEER) BTU/Watt 8.50 8.50 Evaporative Cooling Effectiveness (Air side) % 0.0% 0.0% I54 AHU Cooling Lockout Below °F 55.0 55.0 I55 AHU Heating Efficiency or COP @ OAT > 47.0 COP 0.78 0.78 I56 AHU Heating Efficiency or COP @ OAT > 32.0 COP 0.78 0.78 I57 AHU Heating Efficiency or COP < OAT > 17.0 COP 0.78 0.78 I58 AHU Heating Energy Source Type Natural Gas Natural Gas I59 AHU Heating Lockout Above °F 55.0 55.0 I60 Evaporative Pre -Cooling on Condenser Yes/No No No I61 Heat Recovery % Effectiveness % 0.0 0.00 I62 Onsite Central Plant? Yes/No No No Terminal Devices Inputs (Reheat Coils, VAV Boxes, Baseboard Heaters, etc) Tag Variable Description Terminal Devices Units Yes/No Baseline Yes Proposed Yes Basis I66 167 Zone Heating Lockout Above °F 65.0 168 Zone Heating Efficiency or COP @ OAT > 47.0 COP 0.7800 0.78 I65.0 I69 Zone Heating Efficiency or COP @ OAT > 32.0 COP 0.7800 0.7800 0.78 I70 I71 Zone Heating Efficiency or COP < OAT > 17.0 COP 0.78 Heating Energy Source Zone Type Natural Gas Natural Gas I72 Unoccupied Heating Done By Zone, AHU Zone Coil Zone Coil I73 SFPMB Terminal Unit Power W/CFM 0.25 0.25 Chilled Water and Heating Plants Inputs: Domestic Hot Water Inputs: Tag Variable Description DHW Fuel Type Units Type Baseline Natural Gas Proposed Natural Gas Basis I131 I132 Energy Factor - 0.70 0.70 I133 Working Days Per Year (Used Only For DHW Calc) Qty 300 300 I134 Average Daily Hot Water Consumption Per Person Gallons 0.5 0.5 I135 Average Entering Cold Water Temperature °F 50.0 50.0 I136 Supply Hot Water Temperature °F 120.0 120.0 Page 10 188 5.3 FIM CALCULATIONS - ADJUSTED BASELINE McK8760 - Outputs 01.01-TCC Controls and Boiler Plant Upgrades Mc For Th nstry leaf Your Building Electric Demand Tag Description 07 Cooling Peak kW _ Units kW Baseline 122 ImmEUI A - Proposed 132 F,LJi1111 - Savings -10 Savings (%) -8.4% - 08 AHU Heating Peak kW kW 0 - 0 - 0 0.0% - 09 Zone Heating Peak kW kW 0 - 0 - 0 0.0% - 10 Fan Peak kW kW 57 - 56 - 1 1.3% - Interior Lighting Peak kW kW 46 - 46 - 0 0.0% - Exterior Lighting Peak kW kW 3 - 3 - 0 0.0% - . Plug Load Peak kW kW 23 - 23 - 0 0.0% - 14 Pumps Peak kW kW 0 - 0 - 0 0.0% - 15 Heat Rejection kW kW 0 - 0 - 0 0.0% - 016 Miscellaneous Load Peak kW kW 0 0 - 0 0.0% - 017 Other Peak kW kW 0 - 0 - 0 0.00k - 018 Peak kW 9 Peak kW (Sum 12 Month W -1. 20 Electricity Tag 023 _ Description Cooling Units kWh/Yr Baseline 80,678 EUI 5.73 Proposed 69,680 EUI 4.95 Savings 10,998 Savings (%) 13.6% EUI 0.78 24 AHU Heating kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 25 Zone Heating kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 26 AHU Fans kWh/Yr 242,867 17.26 239,976 17.06 2,891 1.2% 0.21 27 Zone Fans kWh/Yr 67,831 4.82 69,959 4.97 -2,128 -3.1% -0.15 28 Interior Lighting kWh/Yr 242,453 17.23 242,453 17.23 0 0.0% 0.00 29 Exterior Lighting kWh/Yr 10,950 0.78 10,950 0.78 0 0.0% 0.00 30 Plug Loads kWh/Yr 65,424 4.65 65,424 4.65 0 0.0% 0.00 )31 Pumps kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 032 Heat Rejection kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 033 Miscellaneous Loads kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 034 Domestic Hot Water kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 035 Other Electricit 036 . ' kWh Yr kWh/Yr 0 710,203 0.00 50.48 0 698,443 0.00 49.65 0 0.00k 0.00 Natural Gas Tag 040 41 2 Description AHU Heating Zone Heating Units Therm/Yr Therm/Yr Baseline 452 21,762 EUI 0.94 45.34 Proposed 6,975 25,393 EUI 14.53 52.90 Savings Savings (%) EUI -6,523 -3,631 -1444.1% -16.7% -13.59 -7.56 Domestic Hot Water Therm/Yr 187 0.39 187 0.39 0 0.0% 0.00 Other Natural Gas Steam Therm Yr Therm/Yr 22,401 0.00 46.67 32,555 0.00 67.82 -10,154 0.0% 0.00 -45.3% -21.15 Tag Description Units Baseline B=.11.11111 Proposed dI-' Savings Savings (%) EUI 048 AHU Heating kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 49 Zone Heating kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 50 Domestic Hot Water kLB/Yr 0 0.00 0 0.00 0 0.00/0 0.00 51 Other Steam kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 52 Total Ener Tag T..I Description Proposed EUI 5 638 537 117.47 Savings Savings (%) EUI -975 2 Page 11 189 5.3 FIM CALCULATIONS - ADJUSTED BASELINE McK8760 - Model Tuning Data 01.01-TCC Controls and Boiler Plant Upgrades Baseline (Bills) Month Jan Electric Demand Electricity Natural Gas Steam Total Total Total Siam kBTU kBTU/ft2 % 51,622 3,989 575,029 11.98 12% Feb 50,850 3,463 519,786 10.83 10% Mar 52,729 1,961 376,044 7.83 8% Apr 50,364 1,437 315,510 6.57 6% May 69,977 1,053 344,028 7.17 7% Jun 75,113 772 333,486 6.95 7% Jul 82,024 526 332,447 6.93 7% Aug 77,938 465 312,459 6.51 6% Sep 66,006 1,024 327,643 6.83 7% Oct 48,871 3,224 489,193 10.19 10% Nov 53,272 3,630 544,805 11.35 11% Dec MI J11. 47 857 3 628 526 069 4,996,501 10.96 104.09 11% 100% 0 726,621 25,173 0 Baseline (Model) Month Electric Demand Electricity F kW kWh Natural Gas Therm Steam Total Total Total kLB Steam kBTU kBTU/ft2 0/0 Jan 122.0 53,698 3,110 0 494,218 10.30 11% Feb 124.7 50,484 2,432 0 415,415 8.65 9% Mar 138.1 55,597 2,037 0 393,393 8.20 8% Apr 185.8 56,915 1,583 0 352,536 7.34 8% May 171.2 60,842 1,470 0 354,557 7.39 8% Jun 178.9 62,937 1,277 0 342,406 7.13 7% Jul 206.6 69,736 1,341 0 372,031 7.75 8% Aug 213.8 74,758 1,133 0 368,357 7.67 8% Sep 172.1 61,430 1,460 0 355,623 7.41 8% Oct 151.7 57,474 1,560 0 352,052 7.33 8% Nov 124.7 54,038 2,136 0 397,991 8.29 9% Dec 123.6 AIL AIL 1,913 52 294 2 863 0 710,203J11. 22,401 _ 0 - 464 692 4,663,269 9.68 - 97.15 - 10% 100% Proposed (Model) Month Jan Electric Demand Electricity Natural Gas- Steam Total Total Total kWh 53,641 Therm 5,118 B St 0 BTU 694,811 BTU/f 0/0 12% 115.0 14.48 Feb 117.3 50,049 3,992 0 569,983 11.87 10% Mar 127.2 55,090 3,232 0 511,129 10.65 9% Apr 188.6 56,005 2,358 0 426,856 8.89 8% May 171.2 59,435 1,961 0 398,891 8.31 7% Jun 180.8 61,146 1,444 0 353,034 7.35 6% Jul 213.3 68,134 1,379 0 370,361 7.72 7% Aug 224.0 73,825 1,174 0 369,275 7.69 7% Sep 172.5 59,259 1,620 0 364,199 7.59 6% Oct 149.7 56,259 2,189 0 410,835 8.56 7% Nov 117.3 53,467 3,397 0 522 090 10.88 9% Dec 115.7 52,134 4,692 0 647,072 13.48 11% 07'� Savings (Model) Month Jan tural G .rar 1 6.9 57 Therm 0 -200,593 -4.18 -2,008 21% Feb 7.3 435 -1,561 0 -154,569 -3.22 160/0 Mar 10.9 508 -1,195 0 -117,737 -2.45 12% Apr -2.8 910 -774 0 -74,320 -1.55 8% May 0.0 1,408 -491 0 -44,335 -0.92 5% Jun -2.0 1,791 -167 0 -10,628 -0.22 1% Jul -6.7 1,602 -38 0 1,670 0.03 0% Aug -10.3 933 -41 0 -917 -0.02 0% Sep -0.4 2,170 -160 0 -8,576 -0.18 1% Oct 1.9 1,215 -629 0 -58,784 -1.22 6% Nov 7.3 571 -1,260 0 -124,099 -2.59 13% Dec Total 7.9 20 Mi. 160 11,761i -1 829 -10,154 0 0 IS-la'l° -182 381 -3.80 -20.32 19% 100% Page 12 190 5.3 FIM CALCULATIONS - ADJUSTED BASELINE McK8760 - Model Tuning Charts 01.01-TCC Controls and Boiler Plant Upgrades eHinstry e U/ You. Building Electricit Demand 4,Baseline (Bills) ,Baseline (Model) Proposed (Model) 250 200 150 100 50 0 ,ac <cao lac Q< jai mac >°�°� eQ o�c °� 05' Electricit - Baseline (Bills) i Baseline (Model) Proposed (Model) 90,000 80,000 70,000 60,000 .c 50,000 Y 40,000 30,000 20,000 10,000 0 fat Q� x4 .°c - p )t9 yeQ 0 t,°, Qe' Natural Gas iiBaseline (Bills) i iBaseline (Model) #Proposed (Model) 6,000 5,000 4,000 E iv 3,000 1- 2,000 1,000 0 4> Qe mat PQt 4:6\ iP f �6- 4 per` Steam kLB Steam 1 0 0 0 0 0 Baseline (Bills) i Baseline (Model) Proposed (Model) 4 vp Month Baseline (Bills) Baseline (Model) Proposed (Model) Jan 122 115 Feb 0 125 117 Mar 0 138 127 Apr 0 186 189 May 0 171 171 Jun 0 179 181 Jul 0 207 213 Aug 0 214 224 Sep Oct 0 0 172 152 173 150 Nov 0 125 117 Dec 0 124 116 1 Total 1,913 1 1,893 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) 100% #DIV/0! Month Baseline (Bills) Baseline (Model) Proposed (Model) Jan 51,622 53,698 53,641 Feb 50,850 50,484 50,049 Mar 52,729 55,597 55,090 Apr 50,364 56,915 56,005 May 69,977 60,842 59,435 Jun 75,113 62,937 61,146 Jul 82,024 69,736 68,134 Aug 77,938 74,758 73,825 Sep 66,006 61,430 59,259 Oct 48,871 57,474 56,259 Nov 53,272 54,038 53,467 Dec 47,857 52.294 52,134 Total L_ 726,621 710,20W 698,443 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) -2.3 0.80 Month Baseline (Bills) Baseline (Model) Proposed (Model) Jan 3,989 3,110 5,118 Feb 3,463 2,432 3,992 Mar 1,961 2,037 3,232 Apr 1,437 1,583 2,358 May 1,053 1,470 1,961 Jun 772 1,277 1,444 Jul 526 1,341 1,379 Aug 465 1,133 1,174 Sep 1,024 1,460 1,620 Oct 3,224 1,560 2,189 Nov 3,630 2,136 3,397 Dec 3,628 2,863 4,692 • Total • 25,17' 22,401 1 32,555 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) -12.4% 0.75 Month Baseline (Bills) Baseline (Model) Proposed (Model) Jan Feb 0 0 0 Mar 0 0 0 Apr 0 0 0 May Jun 0 0 0 0 0 0 Jul 0 0 0 Aug 0 0 0 Sep 0 0 0 Oct 0 0 0 Nov 0 0 0 Dec 0 0 0 • l• 0 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) #DIV/0! #DIV/0! Page 13 191 5.3 FIM CALCULATIONS - CONTROLS McK8760 - General Information 01.01-TCC Controls and Boiler Plant Upgrades nstry re mrn,BWImny Project Information: Project Name TCO Project ID TCO Tool FIM ID Weather Data: 01.01-TCC Controls and Boiler Plant Upgrades Description of FIM From TCO Tool: This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. HVAC & Load Schedules: Schedule A Title Schedule B Title Schedule C Title Utility Rate Schedules Schedule 1 Title Schedule 2 Title Schedule 3 Title ASHRAE Schedule Type ASHRAE Schedule Type ASHRAE Schedule Type Assembly Assembly Assembly Rate Schedule 1 Zone Data (for multi -model buildings) Zone Name Zone Description Zone Name (e.g. RTU-1 or West Wing) Zone Description Savings Tracker (Use if Modeling Multiple Efficiency Measures) Measure Description Baseline Building Performance Electric Demand (kW) ' Electricity (kWh) Natural Gas (therm) Steam (kLB) EUI (kBTU/SqFt/Yr) 118.77 Savings ► 118.77 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► + 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Notes: Page 14 192 L*IMAK AL LATIMRIMINTROM .• - ontro s an. go! er ' ant 1..ra.e .y.y.y.y.y.y.y.y.y .y.y .y.y .y.y .y.y.y.y.y.y.y.y.y �1 MINCHISIMENNIt 11111111181188118=i. ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti i HICIMISHINEEIN niiaaoa v 0 z a) V V 0 • 1111MENNIMISHIN co co CO CO 5.3 FIM CALCULATIONS - CONTROLS McK8760 - Inputs 01.01-TCC Controls and Boiler Plant Upgrades ©instry Zone Inputs: Tag Variable Description Floor Area Units ft Baseline Proposed Basis I7 48,000 48,000 Confirmed by owner I8 Roof Area ft2 48,000 48,000 Confirmed by owner I9 Opaque Wall Area ft2 20,000 20,000 Estimated 110 Glazing Area Glazing ft2 5,100 5,100 Estimated Roof U-Factor Roof BTU/ft2/°F 0.033 0.033 Opaque Wall U-Factor Walls BTU/ft2/°F 0.050 0.050 Glazing U-Factor Glazing BTU/ft2/°F 0.550 0.550 Double pane Glazing Solar Heat Gain Coefficient (SHGC) Glazing - 0.650 0.650 Estimated Glazing Solar Gain Bldg Shape Factor - 0.300 0.300 Average Space Height (Floor to Ceiling) ft 10.00 10.00 Estimated Infiltration ach 0.250 0.250 Loose I19 Peak Number of Occupants Qty 150 150 Estimated I20 Sensible Heat Gain Per Person Btu/h 250 250 Standing/walking I21 Latent Heat Gain Per Person Btu/h 250 250 Standing/walking Peak Lighting Load Power Density W/ft2 1.00 1.00 Office I23 Peak Plug Load Power Density W/ft2 0.50 0.50 Office I24 Peak Exterior Lighting Load kW 2.50 2.50 I25 Peak Miscellaneous Load (Electrical) Watt 10,000 10,000 Miscellaneous Load Located in Conditioned Space Yes/No No No I27 HVAC On Cooling Space Temperature Set Point °F 74.0 74.0 I28 HVAC Off Cooling Space Temperature Set Point °F 80.0 80.0 I29 HVAC On Heating Space Temperature Set Point °F 71.0 71.0 I30 HVAC Off Heating Space Temperature Set Point °F 60.0 60.0 AHU & Plant Inputs: Tag Variable Description Units Baseline Proposed Basis I34 AHU Fan Power based on Control Type Type IGV IGV I35 Occupied Fan Operation Type Continuous Continuous I36 Maximum AHU CFM CFM 57,600 57,600 AHUs 1-4 combined I37 Min AHU CFM (% of Max CFM) (If CV+Cycles: min occ % run time) % 68.0 % 68.0% I38 Maximum % Outside Air (Economizer % OSA) % 100.0% 100.0% • Minimum % Outside Air (Occupied) % 30.0% 30.0% Minimum % Outside Air (Unoccupied) % 3.0% 3.0% Economizer High Limit Set Point °F 70.0 70.0 Economizer Low Limit Set Point °F 60.0 60.0 Demand Controlled Ventilation (For Outside Air Control) Yes/No No No I44 DCV Airflow Per Person (Based on Space Type) DCV Tab CFM/Per 10.00 10.00 I45 DCV Airflow Per Area (Based on Space Type) DCV Tab CFM/ft2 1;1706 &06 I46 AHU Fan TSP (At Max CFM) in w.c. 3.750 3.750 I47 Fan Efficiency % 60.0% 60.0% I48 Occupied Supply Air Temperature @ OAT > 85.0 °F 55 55 • Occupied Supply Air Temperature @ OAT > 65.0 °F 65 65 Unoccupied Heating Supply Air Temperature Setpoint °F 85 85 Unoccupied Cooling Supply Air Temperature Setpoint °F 55 55 AHU Cooling Efficiency (IEER) BTU/Watt 8.50 8.50 Evaporative Cooling Effectiveness (Air side) % 0.0% 0.0% I54 AHU Cooling Lockout Below °F 55.0 55.0 I55 AHU Heating Efficiency or COP @ OAT > 47.0 COP 0.78 0.78 I56 AHU Heating Efficiency or COP @ OAT > 32.0 COP 0.78 0.78 I57 AHU Heating Efficiency or COP < OAT > 17.0 COP 0.78 0.78 I58 AHU Heating Energy Source Type Natural Gas Natural Gas I59 AHU Heating Lockout Above °F 55.0 55.0 I60 Evaporative Pre -Cooling on Condenser Yes/No No No I61 Heat Recovery % Effectiveness % 0.0 0.00 I62 Onsite Central Plant? Yes/No No No Terminal Devices Inputs (Reheat Coils, VAV Boxes, Baseboard Heaters, etc) Tag Variable Description Terminal Devices Units Yes/No Baseline Yes Proposed Yes Basis I66 167 Zone Heating Lockout Above °F 65.0 168 Zone Heating Efficiency or COP @ OAT > 47.0 COP 0.7800 0.78 I65.0 I69 Zone Heating Efficiency or COP @ OAT > 32.0 COP 0.7800 0.7800 0.78 I70 I71 Zone Heating Efficiency or COP < OAT > 17.0 COP 0.78 Heating Energy Source Zone Type Natural Gas Natural Gas I72 Unoccupied Heating Done By Zone, AHU Zone Coil Zone Coil I73 SFPMB Terminal Unit Power W/CFM 0.25 0.25 Chilled Water and Heating Plants Inputs: Domestic Hot Water Inputs: Tag Variable Description DHW Fuel Type Units Type Baseline Natural Gas Proposed Natural Gas Basis I131 I132 Energy Factor - 0.70 0.70 I133 Working Days Per Year (Used Only For DHW Calc) Qty 300 300 I134 Average Daily Hot Water Consumption Per Person Gallons 0.5 0.5 I135 Average Entering Cold Water Temperature °F 50.0 50.0 I136 Supply Hot Water Temperature °F 120.0 120.0 Page 16 194 5.3 FIM CALCULATIONS - CONTROLS McK8760 - Outputs 01.01-TCC Controls and Boiler Plant Upgrades Mc For Th nstry le 0l Your Building Electric Demand Tag Description 07 Cooling Peak kW _ Units kW Baseline 132 1 - Proposed 132 • - Savings 0 Savings (%) 0.0% - 08 AHU Heating Peak kW kW 0 - 0 - 0 0.0% - 09 Zone Heating Peak kW kW 0 - 0 - 0 0.0% - 10 Fan Peak kW kW 56 - 56 - 0 0.0% - Interior Lighting Peak kW kW 46 - 46 - 0 0.0% - Exterior Lighting Peak kW kW 3 - 3 - 0 0.0% - Plug Load Peak kW kW 23 - 23 - 0 0.0% - Pumps Peak kW kW 0 - 0 - 0 0.0% - • 5 Heat Rejection kW kW 0 - 0 - 0 0.0% - 016 Miscellaneous Load Peak kW kW 0 0 - 0 0.0% - 017 Other Peak kW kW 0 - 0 - 0 0.0% - 018 Peak kW 2 9 Peak kW (Sum 12 Month 1,893 ire Electricity Tag 023 _ Description Coolinq Units kWh/Yr Baseline 69,680 EUI 4.95 Proposed 61,056 EUI 4.34 Savings 8,624 Savings (%) 12.4% EUI 0.61 24 AHU Heating kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 25 Zone Heating kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 26 AHU Fans kWh/Yr 239,976 17.06 168,296 11.96 71,680 29.9% 5.10 27 Zone Fans kWh/Yr 69,959 4.97 44,244 3.15 25,715 36.8% 1.83 28 Interior Lighting kWh/Yr 242,453 17.23 242,453 17.23 0 0.0% 0.00 29 Exterior Lighting kWh/Yr 10,950 0.78 10,950 0.78 0 0.0% 0.00 30 Plug Loads kWh/Yr 65,424 4.65 65,424 4.65 0 0.0% 0.00 )31 Pumps kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 032 Heat Rejection kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 033 Miscellaneous Loads kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 034 Domestic Hot Water kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 035 Other Electricit 036 .' kWh Yr kWh/Yr 0 698,443 0.00 49.65 0 592,42 0.00 0 106,019 0.0% 15.2% 0.00 7.54 Natural Gas Tag 040 41 2 Description AHU Heating Zone Heating Units Therm/Yr Therm/Yr Baseline 7,600 25,393 EUI 15.83 52.90 Proposed 3,944 13,508 EUI 8.22 28.14 Savings Savings (%) EUI 3,656 11,885 48.1 % 46.8% 7.62 24.76 Domestic Hot Water Therm/Yr 187 0.39 187 0.39 0 0.0% 0.00 Other Natural Gas Steam Therm Yr Therm/Yr 33,180 0.00 0.00 0.0% 0.00 69.12 17,639 36.75 15,541 pa 46.8% 32.38 Tag Description Units Baseline ■ EUI • Proposed dI-" Savings Savings (%) EUI 048 AHU Heating kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 49 Zone Heating kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 50 Domestic Hot Water kLB/Yr 0 0.00 0 0.00 0 0.00/0 0.00 51 Other Steam kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 52 Page 17 195 5.3 FIM CALCULATIONS - CONTROLS McK8760 - Model Tuning Data 01.01-TCC Controls and Boiler Plant Upgrades Baseline (Bills) Month Jan Electric Demand Electricity Natural Gas Steam Total Total Total Siam kBTU kBTU/ft2 % 51,622 3,989 575,029 11.98 12% Feb 50,850 3,463 519,786 10.83 10% Mar 52,729 1,961 376,044 7.83 8% Apr 50,364 1,437 315,510 6.57 6% May 69,977 1,053 344,028 7.17 7% Jun 75,113 772 333,486 6.95 7% Jul 82,024 526 332,447 6.93 7% Aug 77,938 465 312,459 6.51 6% Sep 66,006 1,024 327,643 6.83 7% Oct 48,871 3,224 489,193 10.19 10% Nov 53,272 3,630 544,805 11.35 11% Dec MI J11_ 47 857 3 628 526 069 4,996,501 10.96 104.09 11% 100% 0 726,621 25,173 0 Baseline (Model) Month Jan Electric Demand Electricity Natural Gas Steam Total Total Total F kW kWh Therm kLB Steam kBTU kBTU/ft2 0/0 115.0 53,641 5,288 0 711,819 14.83 12% Feb 117.3 50,049 4,120 0 582,785 12.14 10% Mar 127.2 55,090 3,296 0 517,573 10.78 9% Apr 188.6 56,005 2,387 0 429,782 8.95 8% May 171.2 59,435 1,970 0 399,805 8.33 7% Jun 180.8 61,146 1,444 0 353,050 7.36 6% Jul 213.3 68,134 1,379 0 370,361 7.72 6% Aug 224.0 73,825 1,174 0 369,275 7.69 6% Sep 172.5 59,259 1,621 0 364,254 7.59 6% Oct 149.7 56,259 2,199 0 411,882 8.58 7% Nov 117.3 53,467 3,471 0 529,559 11.03 9% Dec 115.7 AIL AIL 1,893 52 134 698,443 4 830 33,180 0 - 0 660 930 5,701,07_1.- 13.77 118.77 - 12% 100% Proposed (Model) Month Jan Electric Demand Electricity Natural Ga Steam Total Total Total kWh �� 45,630 Therm 3,312 B St 0 BTU 486,923 10.14 13% 115.0 Feb 117.3 42,253 2,335 0 377,630 7.87 10% Mar 127.2 46,517 1,761 0 334,819 6.98 9% Apr 188.6 46,814 1,089 0 268,595 5.60 7% May 171.2 50,461 885 0 260,649 5.43 7% Jun 180.8 51,989 483 0 225,672 4.70 6% Jul 213.3 57,947 437 0 241,384 5.03 6% Aug 224.0 63,086 307 0 245,993 5.12 6% Sep 172.5 50,469 673 0 239,475 4.99 6% Oct 149.7 47,268 1,080 0 269,290 5.61 7% Nov 117.3 45 330 2,100 0 364,635 7.60 10% Dec 115.7 44,659 3,178 0 470,181 9.80 12% -2111- Savings (Model) Month Jan tural G•o-_ 1 0.0 8,010 Therm 0 224,896 4.69 cio 1,976 12% Feb 0.0 7,796 1,786 0 205,154 4.27 11% Mar 0.0 8,573 1,535 0 182,754 3.81 10% Apr 0.0 9,191 1,298 0 161,187 3.36 8% May 0.0 8,973 1,085 0 139,156 2.90 7% Jun 0.0 9,157 961 0 127,377 2.65 7% Jul 0.0 10,187 942 0 128,977 2.69 7% Aug 0.0 10,739 866 0 123,281 2.57 6% Sep 0.0 8,790 948 0 124,779 2.60 7% Oct 0.0 8,991 1,119 0 142,592 2.97 7% Nov 0.0 8,137 1,372 0 164,924 3.44 9% Dec Total 0.0 0 M 7 475 106,019 1.11 1 652 15,541 II= 0 0 190 749 L,915,826 111.1 3.97 39.91 10% 100% Page 18 196 5.3 FIM CALCULATIONS - CONTROLS McK8760 - Model Tuning Charts 01.01-TCC Controls and Boiler Plant Upgrades eHinstry e U/ You. Building Electricit Demand ,Baseline (Bills) ,Baseline (Model) .i,Proposed (Model) 250 200 150 100 50 0 ,ac <ce? lac Q< jai mac >°�°� eQ o�c °� 05' Electricit Month Jan Baseline (Bills) Baseline (Model) Proposed (Model) 115 115 Feb 0 117 117 Mar 0 127 127 Apr 0 189 189 May 0 171 171 Jun 0 181 181 Jul 0 213 213 Aug 0 224 224 Sep 0 173 173 Oct 0 150 150 Nov 0 117 117 Dec 0 116 116 1,893 1 1,893 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) 100% #DIV/0! - Baseline (Bills) ,Baseline (Model) ,Proposed (Model) 90,000 80,000 70,000 60,000 .c 50,000 Y 40,000 30,000 20,000 10,000 0 fat Q� x4 .°c - p )68 yeQ 0�� t,°, Qe' Natural Gas ,Baseline (Bills) ,Baseline (Model) ,Proposed (Model) 6,000 5,000 4,000 E iv 3,000 1- 2,000 1,000 0 ,ac Qe� mat ¥ , - Month Jan Baseline (Bills) Baseline (Model) Proposed (Model) 51,622 53,641 45,630 Feb 50,850 50,049 42,253 Mar 52,729 55,090 46,517 Apr 50,364 56,005 46,814 May 69,977 59,435 50,461 Jun 75,113 61,146 51,989 Jul 82,024 68,134 57,947 Aug 77,938 73,825 63,086 Sep 66,006 59,259 50,469 Oct 48,871 56,259 47,268 Nov 53,272 53,467 45,330 Dec 47,857 Total L_ 726,621 52.134 44,659 698,44W 592,423 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) -4.0 0.77 Steam kLB Steam ,Baseline (Bills) ,Baseline (Model) ,Proposed (Model) 1 0 0 0 0 0 4 Pp �eQ °mow°� Qzc Month Jan Baseline (Bills) Baseline (Model) Proposed (Model) 3.989 5,288 3,312 Feb 3,463 4,120 2,335 Mar 1,961 3,296 1,761 Apr 1,437 2,387 1,089 May 1,053 1,970 885 Jun 772 1,444 483 Jul 526 1,379 437 Aug 465 1,174 307 Sep 1,024 1,621 673 Oct 3,224 2,199 1,080 Nov 3,630 3,471 2,100 Dec 3,628 4,830 3,178 • Total 25,17imm 33,180 17,639 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) 24.1 % 0.79 Month Baseline (Bills) Baseline (Model) Proposed (Model) Jan Feb 0 0 0 Mar 0 0 0 Apr 0 0 0 May Jun 0 0 0 0 0 0 Jul 0 0 0 Aug 0 0 0 Sep 0 0 0 Oct 0 0 0 Nov 0 0 0 • Dec 0 0 • Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) 0 0 #DIV/0! #DIV/0! Page 19 197 5.3 FIM CALCULATIONS - BOILER McK8760 - General Information 01.01-TCC Controls and Boiler Plant Upgrades nstry re mrn,BWImny Project Information: Project Name TCO Project ID TCO Tool FIM ID Weather Data: 01.01-TCC Controls and Boiler Plant Upgrades Description of FIM From TCO Tool: This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. HVAC & Load Schedules: Schedule A Title Schedule B Title Schedule C Title ASHRAE Schedule Type ASHRAE Schedule Type ASHRAE Schedule Type Assembly Assembly Assembly 'Utility Rate Schedules Schedule 1 Title Schedule 2 Title Schedule 3 Title Rate Schedule 1 Rate Schedule 2 Rate Schedule 3 Zone Data (for multi -model buildings) Zone Name Zone Description Zone Name (e.g. RTU-1 or West Wing) Zone Description Savings Tracker (Use if Modeling Multiple Efficiency Measures) Measure Description Electric Demand (kW) Electricity (kWh) Natural Gas (therm) Steam (kLB) EUI (kBTU/SqFt/Yr) Baseline Building Performance ' 78.37 Savings ► 78.37 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► + 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Savings ► 0.00 Usage ► 0.00 Notes: Page 20 198 MIMI AL LATI OW. - B S]II= Fl CA MOM MOM M .• - ontro s an. go! er ' ant 1..ra.e 0 1-1 N . N 1011111111181EMENNIEL 1111111118111EMENNI1i 0 0 0 0 0 0'+'+'+'+'+'+'+'+'+'+'+ OOO000 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o .+ .+ .+ .+ .+ .+ .+ .+ .+ .+ .+ .+ .+ .+ o O O i r ti 0 i unicsummusim inimosommosim to �3; cn CO o AIIMMIRMINESIN IMMENUMMISINI 5.3 FIM CALCULATIONS - BOILER McK8760 - Inputs 01.01-TCC Controls and Boiler Plant Upgrades ©instry Zone Inputs: Tag Variable Description I7 Floor Area Units ft Baseline Proposed Basis 48,000 48,000 Confirmed by owner I8 Roof Area ft2 48,000 48,000 Confirmed by owner I9 Opaque Wall Area ft2 20,000 20,000 Estimated 110 Glazing Area Glazing ft2 5,100 5,100 Estimated Roof U-Factor Roof BTU/ft2/°F 0.033 0.033 Opaque Wall U-Factor Walls BTU/ft2/°F 0.050 0.050 Glazing U-Factor Glazing BTU/ft2/°F 0.550 0.550 Double pane Glazing Solar Heat Gain Coefficient (SHGC) Glazing - 0.650 0.650 Estimated Glazing Solar Gain Bldg Shape Factor - 0.300 0.300 Average Space Height (Floor to Ceiling) ft 10.00 10.00 Estimated Infiltration ach 0.250 0.250 Loose I19 Peak Number of Occupants Qty 150 150 Estimated I20 Sensible Heat Gain Per Person Btu/h 250 250 Standing/walking I21 Latent Heat Gain Per Person Btu/h 250 250 Standing/walking Peak Lighting Load Power Density W/ft2 1.00 1.00 Office I23 Peak Plug Load Power Density W/ft2 0.50 0.50 Office I24 Peak Exterior Lighting Load kW 2.50 2.50 I25 Peak Miscellaneous Load (Electrical) Watt 10,000 10,000 Miscellaneous Load Located in Conditioned Space Yes/No No No I27 HVAC On Cooling Space Temperature Set Point °F 74.0 74.0 I28 HVAC Off Cooling Space Temperature Set Point °F 80.0 80.0 I29 HVAC On Heating Space Temperature Set Point °F 70.0 70.0 I30 HVAC Off Heating Space Temperature Set Point °F 60.0 60.0 AHU & Plant Inputs: Tag Variable Description Units Baseline Proposed Basis I34 I35 AHU Fan Power based on Control Type Type IGV IGV Occupied Fan Operation Type Continuous Continuous I36 Maximum AHU CFM CFM 57,600 57,600 AHUs 1-4 combined I37 Min AHU CFM (% of Max CFM) (If CV+Cycles: min occ % run time) % 68.0 % 68.0% I38 Maximum % Outside Air (Economizer % OSA) % 100.0% 100.0% • Minimum % Outside Air (Occupied) % 30.0% 30.0% Adjusted per code Minimum % Outside Air (Unoccupied) % 3.0% 3.0% Economizer High Limit Set Point °F 70.0 70.0 Economizer Low Limit Set Point °F 60.0 60.0 Demand Controlled Ventilation (For Outside Air Control) Yes/No No No I44 DCV Airflow Per Person (Based on Space Type) DCV Tab CFM/Per 10.00 10.00 I45 DCV Airflow Per Area (Based on Space Type) DCV Tab CFM/ft2 0706 49706 I46 AHU Fan TSP (At Max CFM) in w.c. 3.750 3.750 I47 Fan Efficiency % 60.0% 60.0% I48 Occupied Supply Air Temperature @ OAT > 85.0 °F 55 55 ' • Occupied Supply Air Temperature @ OAT > 65.0 °F 65 65 Unoccupied Heating Supply Air Temperature Setpoint °F 85 85 Unoccupied Cooling Supply Air Temperature Setpoint °F 55 55 AHU Cooling Efficiency (IEER) BTU/Watt 8.50 8.50 Evaporative Cooling Effectiveness (Air side) % 0.0% 0.0% I54 AHU Cooling Lockout Below °F 55.0 55.0 I55 AHU Heating Efficiency or COP @ OAT > 47.0 COP 0.78ii I56 AHU Heating Efficiency or COP @ OAT > 32.0 COP 0.78 2 I57 AHU Heating Efficiency or COP < OAT > 17.0 COP 0.78 I58 AHU Heating Energy Source Type Natural Gas Natural Gas I59 AHU Heating Lockout Above °F 55.0 55.0 I60 Evaporative Pre -Cooling on Condenser Yes/No No No I61 Heat Recovery % Effectiveness % 0.0 0.00 I62 Onsite Central Plant? Yes/No No No Tag Variable Description I66 Terminal Devices Units Yes/No Baseline Yes Proposed Yes Basis I67 Zone Heating Lockout Above °F 65.0 65.0 I68 Zone Heating Efficiency or COP @ OAT > 47.0 COP 0.7800 I69 Zone Heating Efficiency or COP @ OAT > 32.0 COP 0.7800 I70 Zone Heating Efficiency or COP < OAT > 17.0 COP 0.7800 Natural Gas Heating Energy Source Zone Type Natural Gas Unoccupied Heating Done By Zone, AHU Zone Coil Zone Coil SFPMB Terminal Unit Power W/CFM 0.25 0.25 Chilled Water and Heating Plants Inputs: Domestic Hot Water Inputs: Tag Variable Description I131 DHW Fuel Type Units Type Baseline Natural Gas Proposed Natural Gas Basis I132 Energy Factor - 0.70 0.70 I133 Working Days Per Year (Used Only For DHW Calc) Qty 300 300 I134 Average Daily Hot Water Consumption Per Person Gallons 0.5 0.5 I135 Average Entering Cold Water Temperature °F 50.0 50.0 I136 Supply Hot Water Temperature °F 120.0 120.0 Page 22 200 5.3 FIM CALCULATIONS - BOILER McK8760 - Outputs 01.01-TCC Controls and Boiler Plant Upgrades Mc For Th nstry leaf Your Building Electric Demand Tag Description 07 Cooling Peak kW _ Units kW Baseline 132 1 - Proposed - 132 - Savings 0 Savings (%) 0.0% - 08 AHU Heating Peak kW kW 0 - 0 - 0 0.0% - 09 Zone Heating Peak kW kW 0 - 0 - 0 0.0% - 10 Fan Peak kW kW 57 - 57 - 0 0.0% - Interior Lighting Peak kW kW 46 - 46 - 0 0.0% - Exterior Lighting Peak kW kW 3 - 3 - 0 0.0% - Plug Load Peak kW kW 23 - 23 - 0 0.0% - Pumps Peak kW kW 0 - 0 - 0 0.0% - • 5 Heat Rejection kW kW 0 - 0 - 0 0.0% - 016 Miscellaneous Load Peak kW kW 0 0 - 0 0.0% - 017 Other Peak kW kW 0 - 0 - 0 0.0% - 018 Peak kW 2 9 Peak kW (Sum 12 Month 1,930 Ik1 Electricity Tag 023 Description Coolinq Units kWh/Yr Baseline 58,241 EUI 4.14 Proposed 58,241 EUI 4.14 Savings 0 Savings (%) 0.0% EUI 0.00 24 AHU Heating kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 25 Zone Heating kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 26 AHU Fans kWh/Yr 171,275 12.17 171,275 12.17 0 0.0% 0.00 27 Zone Fans kWh/Yr 43,470 3.09 43,470 3.09 0 0.0% 0.00 28 Interior Lighting kWh/Yr 242,453 17.23 242,453 17.23 0 0.0% 0.00 29 Exterior Lighting kWh/Yr 10,950 0.78 10,950 0.78 0 0.0% 0.00 30 Plug Loads kWh/Yr 65,424 4.65 65,424 4.65 0 0.0% 0.00 )31 Pumps kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 032 Heat Rejection kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 033 Miscellaneous Loads kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 034 Domestic Hot Water kWh/Yr 0 0.00 0 0.00 0 0.0% 0.00 035 Other Electricit 036 . ' kWh Yr kWh/Yr 0 591,812 0.00 42.07 0 591,812 0.00 42.07 0 0.00/0 0.00 Natural Gas Tag 040 41 2 Description AHU Heating Zone Heating Units Therm/Yr Therm/Yr Baseline 5,954 11,285 EUI 12.40 23.51 Proposed 5,091 9,846 EUI 10.61 20.51 Savings Savings (%) EUI 863 1,439 14.5% 12.8% 1.80 3.00 Domestic Hot Water Therm/Yr 187 0.39 187 0.39 0 0.0% 0.00 Other Natural Gas Steam Therm Yr Therm/Yr 17,425 0.00 36.30 15,123 0.00 .11.11 2,302 0.0% 0.00 1 13.2% 4.80 Tag Description Units Baseline ■ EUI • Proposed dI-m Savings Savings (%) EUI 048 AHU Heating kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 49 Zone Heating kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 50 Domestic Hot Water kLB/Yr 0 0.00 0 0.00 0 0.00/0 0.00 51 Other Steam kLB/Yr 0 0.00 0 0.00 0 0.0% 0.00 52 Page 23 201 5.3 FIM CALCULATIONS - BOILER McK8760 - Model Tuning Data 01.01-TCC Controls and Boiler Plant Upgrades Baseline (Bills) Month Jan Electric Demand Electricity Natural Gas Steam Total Total Total Siam kBTU kBTU/ft2 % 51,622 3,989 575,029 11.98 12% Feb 50,850 3,463 519,786 10.83 10% Mar 52,729 1,961 376,044 7.83 8% Apr 50,364 1,437 315,510 6.57 6% May 69,977 1,053 344,028 7.17 7% Jun 75,113 772 333,486 6.95 7% Jul 82,024 526 332,447 6.93 7% Aug 77,938 465 312,459 6.51 6% Sep 66,006 1,024 327,643 6.83 7% Oct 48,871 3,224 489,193 10.19 10% Nov 53,272 3,630 544,805 11.35 11% Dec MI J]ML 47 857 3 628 526 069 4,996,501 10.96 104.09 11% 100% 0 726,621 25,173 0 Baseline (Model) Month Jan Electric Demand Electricity Natural Gas Steam Total Total Total kW kWh Therm kLB Steam kBTU kBTU/ft2 Wo 132.5 45,687 3,469 0 502,824 10.48 13% Feb 125.5 42,304 2,437 0 388,064 8.08 10% Mar 126.6 46,529 1,796 0 338,383 7.05 9% Apr 188.6 46,869 1,058 0 265,674 5.53 7% May 171.2 50,354 781 0 249,929 5.21 7% Jun 180.8 51,955 370 0 214,285 4.46 6% Jul 213.3 57,769 327 0 229,812 4.79 6% Aug 224.0 63,000 225 0 237,505 4.95 6% Sep 172.5 50,266 522 0 223,720 4.66 6% Oct 149.7 47,106 985 0 259,244 5.40 7% Nov 124.2 45,234 2,135 0 367,879 7.66 10% Dec 120.9 AIL AIL 1,930 44 739 591,812 - 3 318 17,425 0 - 0 - 484 475 3,761,794 10.09 - 78.37 - 13% 100% Proposed (Model) Month Jan Electric Demand Electricity kWh 45,687 Natural Ga Steam Totalillp Total Therm 3,012 B St 0 BTU 457,049 BTU/ 132.5 9.52 13% Feb 125.5 42,304 2,116 0 355,932 7.42 10% Mar 126.6 46,529 1,556 0 314,384 6.55 9% Apr 188.6 46,869 917 0 251,648 5.24 7% May 171.2 50,354 678 0 239,645 4.99 7% Jun 180.8 51,955 323 0 209,554 4.37 6% Jul 213.3 57,769 286 0 225,659 4.70 6% Aug 224.0 63,000 197 0 234,706 4.89 7% Sep 172.5 50,266 455 0 216,957 4.52 6% Oct 149.7 47,106 854 0 246,175 5.13 7% Nov 124.2 45,234 1,850 0 339,352 7.07 10% Dec 120.9 44,739 2,879 0 440,502 9.18 120/o -Mili Savings (Model) Month tural G•i_ �� 1 Jan 0.0 0 Therm 0 45,776 0.95 458 20% Feb 0.0 0 321 0 32,132 0.67 140/0 Mar 0.0 0 240 0 23,999 0.50 10% Apr 0.0 0 140 0 14,026 0.29 6% May 0.0 0 103 0 10,284 0.21 4% Jun 0.0 0 47 0 4,730 0.10 2% Jul 0.0 0 42 0 4,153 0.09 2% Aug 0.0 0 28 0 2,799 0.06 1% Sep 0.0 0 68 0 6,763 0.14 3% Oct 0.0 0 131 0 13,069 0.27 6% Nov 0.0 0 285 0 28,527 0.59 12% Dec 0.0 Total 0 M 0 0 440 2,302 0 0 43 973 230,231 0.92 4.80 19% 100% Page 24 202 5.3 FIM CALCULATIONS - BOILER McK8760 - Model Tuning Charts 01.01-TCC Controls and Boiler Plant Upgrades eHinstry e U/ You. Building Electricit Demand Baseline (Bills) iYiBaseline (Model) .i,Proposed (Model) 250 200 150 100 50 0 ,ac lac Q< a °c >° ° eQ �� ° 05' Electricit Month Jan Baseline (Bills) Baseline (Model) Proposed (Model) 132 132 Feb 0 126 126 Mar 0 127 127 Apr 0 189 189 May 0 171 171 Jun 0 181 181 Jul 0 213 213 Aug 0 224 224 Sep 0 173 173 Oct 0 150 150 Nov 0 124 124 Dec 0 121 1,930 1 121 1,930 % Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) 100% #DIV/0! - Baseline (Bills) ,Baseline (Model) 90,000 80,000 70,000 60,000 .c 50,000 Y 40,000 30,000 20,000 10,000 0 Proposed (Model) fat Q� x4 .°c - p )68 yeQ 01� t,°, Qec" Natural Gas Month Jan Baseline (Bills) Baseline (Model) Proposed (Model) 51,622 45.687 45,687 Feb 50,850 42,304 42,304 Mar 52,729 46,529 46,529 Apr 50,364 46,869 46,869 May 69,977 50,354 50,354 Jun 75,113 51,955 51,955 Jul 82,024 57,769 57,769 Aug 77,938 63,000 63,000 Sep 66,006 50,266 50,266 Oct 48,871 47,106 47,106 Nov 53,272 45,234 45,234 Dec 47,857 Total L_ 726,621 44.739 44,739 591,81 591,81 % Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) -22.8% 0.78 E 1- tBaseline (Bills) W Baseline (Model) 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Proposed (Model) miw ,ac Quo mac PQc +aa ,§c 4 40 yiR o�< 4 Qom° Steam kLB Steam 1 0 0 0 0 0 Baseline (Bills) ,Baseline (Model) ,11.�Proposed (Model) ,ac Qzo ,0 PQc a� Jc 4 Pp Month Jan Baseline (Bills) Baseline (Model) Proposed (Model) 3.989 3.469 3,012 Feb 3,463 2,437 2,116 Mar 1,961 1,796 1,556 Apr 1,437 1,058 917 May 1,053 781 678 Jun 772 370 323 Jul 526 327 286 Aug 465 225 197 Sep 1,024 522 455 Oct 3,224 985 854 Nov 3,630 2,135 1,850 Dec 3,628 3,318 2,879 • Total 25,17imm. 17,425 15,123 % Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) -44.5% 0.79 Month Baseline (Bills) Baseline (Model) Proposed (Model) Jan Feb 0 0 0 Mar 0 0 0 Apr 0 0 0 May Jun 0 0 0 0 0 0 Jul 0 0 0 Aug 0 0 0 Sep 0 0 0 Oct 0 0 0 Nov 0 0 0 • Dec 0 0 % Delta Between Baseline (Bills) & Baseline (Model) RSQ (Correlation Coefficient) 0 0 #DIV/0! #DIV/0! Page 25 203 Investment Grade Audit Report 5.4 FACILITY IMPROVEMENT MEASURES -ADDITIONAL SCOPE DOCUMENTS For Th FIM # 01.01-TCC — Full Building Controls and Boiler Plant Upgrades instry le Of Your Building CONFIDENTIAL & PROPRIETARY Page 26 20 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS Graph Analysis Location: AHU-1 Supply Fan Results: the unit was on for the duration of the logging period O Tukwila CC AHU-1 SF an —Motor (Motor) p Host Calibration t Host Connected o Stopped X End of File 01)11 01)16 01)21 01)26 oi}3i 01/11124 12,00:00 AM GMT-OB:00 001124 12:00:00 AM 3MT-08:00 N 01 Logger location: AHU-1 Supply Fan Results: the unit was on for the duration of the logging period Page 27 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS fV O Graph Analysis Location: AHU-2 Supply Fan Results: the unit was on for the duration of the logging period Tukwila CC AHU-2 SF on —Motor (AHU-3 SF) ❑ Host Calibration ♦ Host Connected p Stopped X End OF File 01)11 01)16 01121 0126 0131 01/11124 12,00:00 AM GMT-08:00 01131/2412:00:00 AM GMT-08:00 Page 28 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS 120 - 100 00 - 60 - 40 - 20 - 0- Graph Analysis Location: AHU-3 Supply Fan Results: the unit was on for the duration of the logging period Tukwila CC AHU-3 SF O —Motor. % on p Host Calibration t Host Connected O Stopped X End t sF File 0 201 11 01)16 01)21 01)26 01)31 01/11/2412,00:00 AM 3MT-08:00 01131124 1200:00 AM 3MT-08:00 Page 29 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS O oo Graph Analysis Location: AHU-4 Supply Fan Results: the unit was on for the duration of the logging period Tukwila CC AHU-4 SF on —Motor p Host Calibration ♦ Host Connected O Mopped X End s aF File 01 11 01)16 01)21 01)26 01)31 01111124 12:00:00 AM GMT-00:00 01/31124 12:00:00 AM GMT-00:00 Page 30 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS Graph Analysis Location: Heating Water Pump Results: the unit was on for the duration of the logging period (besides a brief moment on 1/16) Tukwila CC HWP —Motor ❑ Host Calibration ♦ Host Connected p Stopped X End OF File 01h1 01116 01121 0131 01111124 12,00:00 AM GMT-08:00 0113112412:00:00 AM GMT-06:00 0121 N CO Page 31 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS N Graph Analysis 74 72 70 61 66 64 62 60 51 56 54 52 01i11j24 12:00: Location: Gym, halfway to the ceiling on the wall to the mech room Results: fluctuating temps (as high as 72F during the day due to lack of cooling at this space) Tukwila CC Gym _ /fr J r Jj AAIL It. I a 411,, Vk )14c.,,,,,,4 �rI- Y ] + 5 J JJJ 1j 114 ` f C 11 01 l0 AM GMT-01:00 1 16 0121 0126 013: 01/31/24 12:00:00 r .2 — Temp, °F (TEMP) - % (RH) ❑ Good Battery • Host Connected O Stopped X End OF File .8 .6 .4 .2 ,6 .6 .4 .2 .2 M GMT-OE:00 Page 32 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS Graph Analysis Location: Park Rec Office, across from the west mech room, on a cabinet Results: the space experienced fluctuating temps but remained at a comfortable 72F during occupied days Tukwila CC Park Rec Office 64 0111 01/11f24 12:00:00 AM GMT-0e:00 — Temp, °F (Temp) — RH, 96 (RH) 7 Button Down A Button Up ♦ Host Connected O Stopped X End OF File 20 01 1 01/31/24 12:00:00 AM GMT-00:00 Page 33 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS N Graph Analysis Location: Lounge, office across from fitness room, on door frame Results: the space experienced slight temp fluctuations, but mostly remained at uncomfortably high (74F-82F) Tukwila CC Lounge LL 66 01 11 01111124 12:00:04 AM GMT-OE:00 — Temp, °F (TEMP) — RH, % (RH) ♦ Host Connected O Stopped x End OF File 15 01 1 01131124 12:00:00 AM GMT-00:00 Page 34 5.4 ADDITIONAL SCOPE DOCUMENTS - DATA LOGGERS Graph Analysis Location: Kitchen, on door frame Results: high humidity levels with comfortably low temps (consistently around 67F) besides some fluctuations during first few days Tukwila CC kitchen 131,11 131111%24 12:1313:1313 AM GMT-138: — Temp, °F (Temp) — RH, 96 (RH) ♦ Host Connected o Stopped X End tF File 26 G1'31 131j3424 12:1313:1313 AM GMT-139:1313 Page 35 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA 214 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA r— M d o) co 215 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA 1 cl) c C! u 1- 216 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA a -LQEo7 i -amen #1oBB ] -1oDsfla 0 c }fir OBEID --I1 001313 #1 CIME1© El IMMO 217 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA !RITE UN 1 LL Lr 2 N B • a. } Y J N W FFrii 0 111111111113 imununto riiffitiowItottii1=, 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA 7r a) co cu a 219 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA N a) c d 220 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA d co d 221 5.4 ADDITIONAL SCOPE DOCUMENTS - BAS DATA v m co co a 222 5.4 ADDITIONAL SCOPE DOCUMENTS - RENTAL SCHEDULE FW: rental schedule Henry Ancira <Henry.Ancira@TukwilaWA.gov> Wed 3/13/2024 3:59 PM To:Marina Safonov <marinas@mckinstry.com> CAUTION: External Sender. Hi Marina, I hope this helps. Henry From: John Dunn <John.Dunn@TukwilaWA.gov> Sent: Wednesday, March 13, 2024 3:55 PM To: Henry Ancira <Henry.Ancira@TukwilaWA.gov>; Kris Kelly <Kris.Kelly@TukwilaWA.gov> Cc: Pete Mayer <Pete.Mayer@TukwilaWA.gov>; Bryan Still <Bryan.Still@TukwilaWA.gov> Subject: RE: rental schedule Pre covid: Mon-Thur: 6:30am to 9pm Fri: 6:30am to Midnight most all Fridays and some to lam Saturday: 8am to lam most Saturdays Sundays: 8am to midnight 1/3 to of Sundays. Rest went to about 7pm. Currently: Mon-Thur: 6:30am to 9pm Fri: 6:30am to Midnight most all Fridays Saturday: 7:30am to midnight most Saturdays Sundays: 5am to 9pm (Currently Sundays are 5am to noon for an ongoing church), starting to fill in and should have most of the remaining hours full at some point during this year. I hope this helps. Let me know if you need anything else. John TUKWILA PARKS & RECREATION GOOD HEALTHY FuN Gear Up - Step Out -- Let's Play! John H. Dunn III Recreation Superintendent Tukwila Parks & Recreation 12424 42nd Avenue South I Tukwila, WA 98168 206.767.2325 Office 1206.396.6316 Mobile TukwilaWA.gov/Parks I Facebook I Twitter I Instagram Page 45 223 Investment Grade Audit Report 5.5 FIMS CONSIDERED BUT NOT USED The following FIMs were considered but not chosen for this phase. The measures below are recommended for further consideration in the future. • 02.01-TCC Gym Cooling Upgrades • The Gym AHU shall be provided a new standalone heat pump system to provide air-conditioning to the space, as well as more efficient heating means when possible. The AHU-3 supply fan shall also be replaced with a fan array to accommodate the added static pressure of the new DX coil. The scope and budget are based on the full building controls upgrade implemented before this measure. The previously upgrades controls will be disconnected and reconnect with necessary programming updates. • 02.02-TCC Chiller Upgrade • The existing rooftop air cooled chiller will be replaced with new high efficiency chiller, associated chilled water pump will be replaced with new pumps. The scope and budget are based on the full building controls upgrade implemented before this measure. The previously upgrades controls will be disconnected and reconnect with necessary programming updates. • 03.01-TCC HVAC Upgrades - Full Building Scope with ASHP, Boiler and Gym • The existing rooftop air cooled chiller will be replaced with new high efficiency Air Source Heat Pump (ASHP). Existing pumps will be replaced with new VFDs, buffer tanks, piping changes to allow heating and cooling with the new ASHP. The existing Hot Water coils in AHU-1, 2, 4 will be replaced with new coils designed for lower hot water temperature. Supply and Exhaust fans of these AHUs will be replaced to support the added static pressure from the new Hot Water coils. Associated chilled water pump will be replaced with new pumps. The boiler plant will be replaced with new high efficiency condensing boilers. All other equipment (electric and hot water heaters, exhaust fans, etc.) shall be replaced with like in -kind equipment. A new mini -split heat pump shall be added to the electrical closet to avoid persistent overheating issues in the summer months. A new DDC system shall be provided for all equipment. • 03.03-TCC HVAC Upgrades - Full Building Scope with Chiller, Boiler and Gym • McKinstry proposes to modify the (3) VAV AHUs from inlet guide vanes to VFDs for speed control. The Gym AHU shall be provided a new standalone heat pump system to provide air- conditioning to the space, as well as more efficient heating means when possible. The AHU-3 supply fan shall also be replaced with a fan array to accommodate the added static pressure of the new DX coil. The Chiller will be replaced with a new high efficiency chiller. The boiler plant will be replaced with new high efficiency condensing boilers. All other equipment (electric and hot water heaters, exhaust fans, etc.) shall be replaced with like in -kind equipment. A new mini - split heat pump shall be added to the electrical closet to avoid persistent overheating issues in the summer months. A new DDC system shall be provided for all equipment. For Th instry le Of Your Building CONFIDENTIAL & PROPRIETARY Page 46 22 Investment Grade Audit Report • 03.04-TCC VAV Boxes Upgrade • The existing VAV boxes serving AHU-1,2,4 will be replaced with new boxes with EC motor. The scope and budget are based on the full building controls upgrade implemented before this measure. The previously upgrades controls will be disconnected and reconnect with necessary programming updates. • 03.05-TCC Cabinet Heaters and Exhaust Fan Upgrades • The existing Exhaust Fans and Cabinet heaters will be replaced with new. The scope and budget are based on the full building controls upgrade implemented before this measure. The previously upgrades controls will be disconnected and reconnect with necessary programming updates. • 03.06-TCC Electrical Room Split System • A new mini -split heat pump shall be added to the electrical closet to avoid persistent overheating issues in the summer months. The scope and budget are based on the full building controls upgrade implemented before this measure. For Th Scope of Work; Facility Improvement Measures ("FIM's") Scope Budget Range: Controls & Boiler Plant Upgrades $1.53M - $1.61M Gym Cooling Upgrades Chiller Upgrade $586,300 - $615,600 $543,000 - $570,200 VAV Boxes Upgrade Cabinet Heaters & Exhaust Fan Upgrade $883,500 - $927,700 $320,000 - $336,100 Electrical Room Split System instry le Of Your Building $46,000 - $48,300 CONFIDENTIAL & PROPRIETARY Page 47 225 Investment Grade Audit Report 5.6 UTILITY DATA • For Th instry le Of Your Building CONFIDENTIAL & PROPRIETARY Page 48 22 ©UNtry UTILITY DATA ANALYSIS ea,8y„a,,, TUKWILA COMMUNITY CENTER - TUKWILA COMMUNITY CEN:TER Project Building Service Add. Electric Pvdr. Natural Gas Pvdr. Building Information Building Area 48,000 ft2 Energy Information Year1: June 2020 to May 2021 EUI: 77.2 kBtu/ft2 Cost: $1.37 / ft2 Tukwila Community Center Tukwila 12424 42nd SCL PSE Community Center Ave S, Tukwila WA 98168 2149564 Year 2: June 2021 to May 2022 EUI: 104.0 kBtu/ft2 Cost: $1.87 / ft2 Electrical Mtr. Natural Gas Mtr. 404532 Year 3: June 2022 to May 2023 EUI: 98.7 kBtu/ft2 Cost: $1.96 / ft2 Average: June 2020 to May 2023 EUI: 93.3 kBtu/ft2 Cost: S1.73 / ft2 WNEUI: 90.3 kBtu/ft2 Historical Utility Data Period It Jun-. Electric Energy [kWh] Demand / Reactive [kW]/[kVAR] Total Electric Cost [$$$] Natural Gas [Therm] Natural Gas Cost [$$$] Total Energy [kBTU] Total Cost [$$$] Energy Use Index [kBTU/ft2] Cost Index [$$$/ft2] 28,793 81/29435 $2,890.59 126 $832.77 110,797 $3,723.35 2.31 $0.08 Jul-2. 40,823 102/39980 $4,038.32 123 8711.11 151,630 $4,749.42 3.16 S0.10 Aug-20 46,103 107/42517 $4,522.88 122 $694.65 169,547 $5,217.54 3.53 80.11 Sep-20 41,136 110/37297 $4,077.29 232 $717.38 163,566 84,794.67 3.41 S0.10 0ct-20 41,277 95/34455 $4,017.17 1,240 $1,181.61 264,797 $5,198.78 5.52 80.11 Nov- 43,211 74/34179 84,118.67 2,687 $1,873.37 416,144 $5,992.04 8.67 $0.12 Dec-. 38,627 94/29666 83,797.81 3,022 82,097.97 434,030 $5,895.78 9.04 80.12 Jan-. 32,215 119/23600 $3,342.86 3,096 $2,116.41 419,524 85,459.27 8.74 $0.11 Feb-. 30,118 116/22055 $3,145.21 3,807 $2,483.16 483,469 $5,628.38 10.07 80.12 Mar-2 46,765 132/39117 84,685.21 3,182 $2,208.97 477,737 86,894.19 9.95 $0.14 Apr-21 57,138 130/52360 $5,594.63 1,804 $1,456.75 375,330 $7,051.38 7.82 $0.15 May-2 38,269 123/32589 $3,898.95 1,081 $1,098.14 238,678 $4,997.09 4.97 $0.10 Jun- Jul-21 54,317 136/45027 $5,365.24 556 $887.64 240,953 $6,252.88 5.02 $0.13 73,535 168/58004 $7,188.77 582 $993.42 309,113 S8,182.19 6.44 $0.17 Aug-. 70,481 173/54792 $6,940.44 735 $1,034.75 313,984 $7,975.19 6.54 80.17 Sep-2 0ct-21 56,352 122/43213 $5,478.65 1,213 $1,254.01 313,587 $6,732.66 6.53 $0.14 53,211 103/38668 $5,115.43 1,738 81,643.42 355,348 $6,758.86 7.40 80.14 Nov-. 51,445 93/37330 $4,918.44 2,350 $2,291.89 410,497 $7,210.33 8.55 $0.15 Dec-2 Jan-22 52,101 91/38492 $4,989.94 4,356 $3,196.02 613,353 $8,185.96 12.78 80.17 50,235 95/37943 $4,894.92 5,100 $3,600.64 681,413 $8,495.56 14.20 S0.18 Feb- 46,151 96/33694 $4,553.57 3,719 $2,796.60 529,335 $7,350.17 11.03 $0.15 Mar-2 54,940 115/39175 $5,422.84 3,213 $2,543.10 508,772 $7,965.95 10.60 $0.17 Apr-22 54,352 120/38320 $5,392.33 1,816 $1,695.40 367,018 $7,087.73 7.65 $0.15 May-22 59,943 138/44403 85,975.32 1,420 $1,517.35 346,542 $7,492.67 7.22 $0.16 Jun-22 r 68,311 154/52835 $6,797.49 908 $1,174.24 323,844 $7,971.73 6.75 80.17 Jul-22 83,153 209/63257 $8,365.47 1,162 81,788.17 399,931 S10,153.64 8.33 $0.21 Aug-22 82,180 199/61702 $8,232.33 295 $591.54 309,873 $8,823.87 6.46 $0.18 Sep-22 70,242 163/54355 $7,007.83 435 $653.83 283,164 87,661.66 5.90 S0.16 0ct-22 61,511 141/48347 $6,129.39 1,620 $1,681.19 371,859 $7,810.58 7.75 $0.16 Nov- 49,564 111/38509 $4,929.74 3,333 $3,067.44 502,382 $7,997.17 10.47 $0.17 Dec-2 47,563 93/37365 $4,696.93 3,652 $3,430.93 527,453 $8,127.86 10.99 80.17 Jan-23 45,642 91/35883 $4,577.21 3,666 $3,465.82 522,282 $8,043.04 10.88 $0.17 Feb- 45,749 101/33701 $4,653.16 3,794 $3,592.85 535,505 $8,246.01 11.16 80.17 Mar-. 50,207 119/36774 $5,152.37 2,723 $2,804.90 443,614 $7,957.27 9.24 $0.17 Apr- 49,370 130/37599 85,131.70 1,811 $2,038.69 349,569 $7,170.39 7.28 $0.15 May-. 32,013 90/25058 $3,360.57 580 $977.14 167,186 84,337.70 3.48 80.09 Page 49 227 ClinS try UTILITY DATA ANALYSIS ,reu7 mur 8urreiny TUKWILA COMMUNITY CENTER - TUKWILA COMMUNITY CENTER Annual Average Consumption and Cost Year Year1 Year 2 Year 3 Average Electric Energy kWh 484,475 677,062 685,504 615,680 Total Electric Cost $SS $42,004 $59,102 $60,731 $53,946 Blended Rate SSS/kWh 0.087 0.087 $ 0.089 0.088 Natural Gas Natural Gas Cost Therm $SS 20,522 $17,472 26,798 $23,454 23,977 $25,267 23,766 $22,064 Total Energy Total Cost MMBTU $SS 3,705 I $65,602 4,990 I $89,690 4,737 $94,301 4,477 $83,198 Energy Use Index Cost Index kBTU / ft2 $SS / ft2 77 $ 104 $ 1.37 1.87 99 93 S 1.96 1.73 Month January February March April May June July August September October November December Total j Average Monthly Utility Cost and Weather Data Electric Energy Natural Gas [$] [S] $4,272 $4,117 $5,087 $5,373 $4,412 $5,018 $6,531 $6,565 $5,521 $5,087 $4,656 $4,495 $61,133 $3,061 $2,958 $2,519 $1,730 $1,198 $965 $1,164 $774 $875 $1,502 $2,411 $2,908 922,064 Total [S] $7,333 $7, 075 $7,606 $7,103 $5,609 $5,983 $7,695 $7,339 $6,396 $6,589 $7,067 $7,403 $83,198 Heating Cooling Degree Days Degree Days 551 524 455 325 0 0 0 6 141 35 34 123 1 1 11 188 448 :yF: 3,297 237 253 126 16 0 0 796 Pct. of Total 73% 27% 100,000 80,000 60,000 40,000 20,000 0 Electric Energy � Year1 - 6-Year 2 -•-Year 3 Baca �a�� QJy� �,et• `,eat ta4' to�ai c,ac1 `act �� Qi� �ra� PJ OeQ�e Oeo a� oa aoe 'ate Fa era P ? O 70,000 60,000 50,000 40,000 30,000 20,000 u 10,000 0 Demand / Reactive -0-YearVAR -0- Year 2 KVAR f Year 3 KVAR .ee` .ee� 4A ac1 for PEA aa� Oo`o e eF OeoeF �acJ e'a�o +e ea PQi\ 6,000 5,000 4,000 ct 3,000 2,000 1,000 0 se 0 °yam co,,),k pJ yaQtie 6FOaOk k aa� a0 O. +e sa a or Q c \ a� 228 Page 50 trY UTILITY DATA ANALYSIS ©UN 7au7 ma, 8urreiny TUKWILA COMMUNITY CENTER - TUKWILA COMMUNITY CENTER Weather Dependency Analysis Best Fit Strategy Energy Type Electric Energy Natural Gas 4° Polynomial 4° Polynomial Trendline Formula y=0.0x4+ 0.0x3 + -6.2x2 + 349x + 46,905 y=0.0x4 + 0.0x3 + -0.1x2 + -llx + 425 Intercept vs. CDD/HDD 45,182 429 0.443 0.919 Explanation R2 < 0.50: Suggest monthly Electric Energy cannot be reasonably predicted based on weather severity, i.e. no correlation between weather and Electric Energy. R2>0.9: Suggest monthly [kWh] can be predicted based on weather severity, i.e. a high correlation between weather and [kWh]. 100,000 80,000 t 60,000 • 40,000 20,000 0 Electric Energy Degree Day Correlation ♦ • • 0 50 100 150 200 250 300 350 Cooling Degree Days Electric Energy 88% Non -Weather Dependent Use • Weather Dependent Us 6,000 5,000 ^ 4,000 m 3,000 L 2,000 1,000 0 Natural Gas Degree Day Correlation • • • -800 -600 -400 Heating Degree Days -200 0 • Non -Weather Dependent Use • Weather Dependent Use Form filled by: Marina Safonov INW UDA version 23.3.13 Page 51 229 230 Tukwila Community Center - HVAC Upgrades Project # 2024 269 A(1) ENERGY SERVICES PROPOSAL TUKWILA, WA MAY 3, 2024 For the Life of Your Building For Th instry ife Of Your Building 231 Project Contacts AREA OF RESPONSIBILITY NAME CONTACT NUMBER EMAIL Primary Client Contact Peter M. Mayer 206-767-2305 pete.mayer@tukwilawa.gov Client Contact Hari Ponnekanti 206-431-2455 hari.ponnekanti@tukwilawa.gov Client Contact HenryAncira 206-433-7152 henry.ancira@tukwilawa.gov WA DES Representative Bei Zhang 360-701-8431 bei.zhang@des.wa.gov Account Executive Shelby Hinkle 206-658-4389 shelbyh@mckinstry.com Program Manager Heramb Amonkar 206-832-8765 heramba@mckinstry.com Energy Engineer Marina Safonov 206-785-9917 marinas@mckinstry.com CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 232 Contents SECTION 1. EXECUTIVE SUMMARY 05 1.1 Overview 1.2 Current Situation 1.3 Solutions 1.4 Summary of Benefits 1.5 McKinstry Differentiators SECTION 2. SCOPE OF WORK 07 2.1 Facility Improvement Measure (FIM) List 2.2 McKinstry Services 2.3 Extent of Subcontracting 2.4 Project Schedule Detailed Scope of Work Waste Recycling and Disposal Plan SECTION 3. ENERGY SAVINGS GUARANTEE 59 3.1 Guarantee Overview 3.2 FIM Specific Performance Assurance Methodology 3.3 Utility Rates 3.4 Standards of Comfort Service 3.5 Ongoing Owner Responsibilities 3.6 Non -Performance 3.7 Change of Use Energy Savings Tables TABLE 3.1 - ENERGY SAVINGS SUMMARY TABLE 3.2 - MEASUREMENT AND VERIFICATION (M&V) PLAN OUTLINE TABLE 3.3 - BASE UTILITY RATES SECTION 4. PROJECT FINANCIALS 66 4.1 Maximum Project Allowable Cost 4.2 Project Cost Table 4.3 Items Included in Maximum Project Cost 4.4 Construction Contingency 4.5 Allowances 4.6 Ongoing Services 4.7 Accounting Records 4.8 Reconciliation of Labor & Material Costs 4.9 Compensation 4.10 Financing 4.11 Termination Value 4.12 Terms of Agreement 4.13 Insurance & Bonding 4.14 Diverse Business Participation Goals for this Project CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 233 Contents 4.15 Apprenticeship 4.16 Cost Effectiveness Criteria 4.17 Direct Purchase Equipment Warranty Cost Financial tables TABLE 4.1 - BUDGET SUMMARY TABLE 4.2 - FACILITY IMPROVEMENT MEASURE (FIM) SUMMARY SECTION 5. INVESTMENT GRADE AUDIT REPORT SEPARATE FILE 5.1 Purpose and Organization 5.2 Existing Facility Description 5.3 Facility Improvement Measures - Calculations 5.4 Facility Improvement Measures - Additional Scope Documents 5.5 FIMs Considered But Not Used 5.6 Utility Data Please note that this response provides the basic economic terms on which McKinstry would be willing to perform the scope of services outlined here. This response does not cover all of the terms and conditions relevant to a definitive agreement about these services. Nothing in this response approves legal terms such as warranties, indemnification, insurance requirements, and limitations of liability, even if those terms were included in the request for proposal. The details of those terms must be negotiated by the parties and set forth in a definitive agreement with respect to McKinstrys services. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 234 1. Executive Summary i OUTCOME SNAPSHOT This project represents an excellent opportunity to significantly improve facilities while saving energy and trimming utility spending. McKinstry looks forward to making this project a success. McKinstry estimates these savings if proposed facility improvement measures (FIMs) are installed: 0 $26,386 Utility cost savings/year $2,500 Operations & maintenance costs/year 84.815 Guaranteed kWh/year 13,946 Guaranteed Therms/year Carbon dioxide emissions reductions would equal: 0 0 35 Acres of trees planted 278,739 lbs. CO2/year 1.1 Overview Through the Washington State Department of Enterprise Services (DES) Energy Savings Performance Contracting (ESPC) program, McKinstry has completed an extensive study and investigation of energy upgrades for The City of Tukwila. Our Energy Services Proposal presents a holistic project solution for improving the overall facility efficiency and operation. Our proposed solutions will result in lower utility use and cost along with improved building system performance and occupant productivity. For additional information on the project, reference the Investment Grade Audit Report, dated 05.03.2024. 1.2 Current Situation CHALLENGES The Tukwila Community center is primarily served by units that are nearing the end of their useful life. The existing controls systems are not fully functional and difficult to operate. GOALS The customer hopes to replace the aging HVAC system in the Tukwila Community Center building with more efficient and environmentally friendly equipment. The primary goals are to shift towards systems that comply with energy codes as well as meet pricing and comfort needs. 1.3 Solutions This project includes: FIM # 01.01-TCC — Full Building Controls and Boiler Plant Upgrades This measure will upgrade the boiler plant with new high efficiency condensing boilers and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. 1.4 Summary of Benefits FINANCIAL BENEFITS Section 4 of this document provides a detailed look at the project financials. The guaranteed maximum project allowable cost is $1,356,327. Including sales tax and DES management fees and prior to any utility incentives, the final project cost is $1,546,272. The annual energy savings are $26,386. Operational and maintenance savings have been included in the cash flows as agreed to by the DES energy project manager and The City of Tukwila - these projections are based on reduced repair costs and future avoided capital expenditures and represent $2,500 in annual savings. Total first -year savings are estimated at $28,886. The estimated utility rebates for the project are $44,000. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 5 235 1. Executive Summary COMPANY AT -A -GLANCE • Established 1960 • Over 1,700 employees • 23 offices • 55+ Professional Engineers • 80+ LEED Accredited Professionals MCKINSTRY EXPERIENCE Customer utility $20million savings guaranteed Grants & $100 million rebates secured for clients Kilowatt hours 636 million saved 453 Metric tons of thousand CO2 saved Gas Therms 91 million saved CO2 emission reductions resulting from McKinstry projects have environmental impacts equal to: Forest acres 3,167 acne saved from destruction Gallons of gas 51.5 million not used 83+ Cars taken off thousand the road 40+ Homes taken off thousand the power grid This project meets the cost effectiveness criteria as indicated in the Investment Grade Audit proposal dated 10/09/2023 and described in Section 4.16. ENVIRONMENTAL BENEFITS By taking the necessary steps to reduce energy consumption through the implementation of the various facility improvement measures detailed in this report, The City of Tukwila will attain the savings outlined in the outcome snapshot on the left. This is equivalent to: •12 average -sized homes being removed from the power grid; or •19,357 light bulbs (13.5 Watt LED) not energized; or •472,439 miles not driven per year by an average size vehicle. NEXT STEPS ESP And IGA Approval by the City followed with Preliminary Notice to Proceed and contract processing request. Refer to detailed schedule and key milestones in Section 2. 1.5 McKinstry Differentiators COMPANY OVERVIEW McKinstry has over 50 years of experience assessing and improving facilities in the Pacific Northwest. With more than 1,500 successful energy and facility improvement projects completed in the past 15 years, McKinstry has the expertise to offer comprehensive solutions to The City of Tukwila. McKinstry is more than just another energy services company, we believe in serving as your trusted advisor "For the Life of Your Building." MCKINSTRY APPROACH ADVANTAGES •Vendor- and product -neutral for truly consultative role •Transparent pricing •Total cost of ownership consideration •No "shared savings" model 236 CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 6 2. Scope of Work 2.1 Facility Improvement Measure (FIM) List For full descriptions of the scope of work of each measure, please refer to Section 2 - Detailed Scope of Work. FIM # 01.01-TCC — Full Building Controls and Boiler Plant Upgrades 2.2 McKinstry Services McKinstry will include the following services related to this project: 1. Energy Audit: The energy audit is complete and is detailed in the Investment Grade Audit report dated 10/09/2023. 2. Design Services: McKinstry will provide a detailed engineering design as needed to obtain permitting, Owner review, and approval of the proposed systems. In addition, McKinstry will also provide construction support services, start-up, testing, as -built drawings of systems installed, and provide operations and maintenance manuals. 3. Construction: Provide, or cause to be provided, all material, labor, and equipment, including paying for permits, fees, bonds, and insurance, required for the complete and working installation of McKinstry's equipment. a. McKinstry will provide a site superintendent who will be responsible for the onsite supervision and coordination of trades and subcontractors. This individual's responsibilities will also include regular work observations, quality control, site security, enforcement of the site -specific safety plan, as well as coordinating any impact upon building tenants with the Owner. b. McKinstry may perform portions of the construction work or may subcontract portions to qualified firms. In either case, McKinstry will share information regarding actual costs of the work with the Owner and DES. 4. Construction Management: McKinstry will provide a dedicated construction manager who will provide contract administration services for the project. The owner is expected to coordinate day-to-day communications with tenants and any scheduling of tenant relocations in and around occupied areas. 5. Operation Training: McKinstry will provide relevant training of building staff during construction as agreed to by the Owner and DES. 6. Performance Maintenance: McKinstry will provide monitoring and support services to ensure guaranteed savings are achieved during the agreement term. These services shall be under separate agreement. These services shall be at the discretion of the Owner and DES to terminate. Specific tasks associated with proposed Measurement and Verification (M&V) can be found in Table 3.2 - M&V Plan Outline. For this project, McKinstry has recommended an initial M&V term of 01 year to the Owner and DES. The reason is that the efficiency of the proposed scope is not expected to change after the first year of performance has been verified. 7. Equipment Maintenance: McKinstry will provide no equipment maintenance or repairs after the warranty period. Following the completion of the installation and Owner acceptance of the equipment, the Owner shall provide all necessary service, repairs, and adjustments to the equipment so that the equipment will perform in the CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 7 237 2. Scope of Work manner and to the extent set forth in the Proposal. McKinstry shall have no obligation to service or maintain the equipment after the warranty period. 8. Warranty: McKinstry will warrant equipment for one year following Notice of Commencement of Energy Savings. Specific information regarding equipment warranty will be passed on to owner. 2.3 Extent of Subcontracting McKinstry may subcontract the energy audit, design, construction management, start-up, and training portions of this Contract to qualified firms upon review and approval by owner. Construction subcontracts will be awarded competitively. McKinstry will endeavor to satisfy the Diverse Business Enterprise utilization goals of the Owner and DES. 2.4 Project Schedule The proposed design and construction duration is 189 calendar days between Notice to Proceed and Substantial Completion. McKinstry will develop a detailed schedule outlining all of the various design, pre -construction, construction, and closeout tasks associated with the project and that interfaces with other construction work not under this proposal. Refer detailed scope of work for schedule clarification and milestones critical for meeting projected mobilization date. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 238 Page 8 2. SCOPE OF WORK - ESP SCHEDULE Tukwila Community Center HVAC Upgrades Schedule Fri 5/3/24 ID 0 Task Task Name Duration Start Finish Mode Predecessors M J Half2,2024 1 4 5 O N D Half 1,2025 1 F n Fall 2024 Construction Start 160 days Wed 4/17/24 Tue 11/26/24 Project Contracting 43 days Wed 4/17/24 Fri 6/14/24 2 tll 3 M M McKinstry Updates Scope and Pricing 10 days Wed 4/17/24 Tue 4/30/24 4 Deliver Energy Services Proposal (ESP) 3 days Wed 5/1/24 Fri 5/3/24 3 I 1 F 5 City requests DES to provide Contract Document 1 day Tue 5/7/24 Tue 5/7/24 6 DES provides Contract Documents (Funding 1 day Fri 5/10/24 Fri 5/10/24 Authorization) 7 City Council Review Meeting 1 day Mon 5/13/24 Mon 5/13/24 8 City Council Approval 1 day Mon 5/20/24 Mon 5/20/24 4 9 City Issues Preliminary NTP to McKinstry 1 day Tue 5/21/24 Tue 5/21/24 8 10 City Requests DES to Process Contract 1 day Tue 5/21/24 Tue 5/21/24 8 11 DES Construction Contract Processing 15 days Wed 5/22/24 Tue 6/11/24 10 1- 12 Construction Contract Fully Executed 3 days Wed 6/12/24 Fri 6/14/24 11 13 Design and Permiting 80 days Tue 5/21/24 Mon 9/9/24 1 HL r 14 McKinstry Books Project 5 days Tue 5/21/24 Mon 5/27/24 8 15 Design 48 days Wed 5/29/24 Fri 8/2/24 r •-1� r 16 30-Day Metering 4 wks Wed 5/29/24 Tue 6/25/24 1155+1 wk 17 Mechanical 60% Drawings 3 wks Mon 6/17/24 Fri 7/5/24 12 16 Electrical 60% Drawings 3 wks Mon 6/17/24 Fri 7/5/24 12 TM- 19 Internal Review of 60% Drawings 1 wk Mon 7/8/24 Fri 7/12/24 17,18 20 Client Review of 60% Drawings 1 wk Mon 7/15/24 Fri 7/19/24 19 21 Permit Drawings Complete 1 wk Mon 7/22/24 Fri 7/26/24 20 22 100%Construction Drawings Complete 1 wk Mon 7/29/24 Fri 8/2/24 21 23 Permits 31 days Mon 7/29/24 Mon 9/9/24 1 24 Intake to City of Tukwila 1 day Mon 7/29/24 Mon 7/29/24 21 25 City of Tukwila Reviw 6 wks Tue 7/30/24 Mon 9/9/24 24 9/9 26 Permits Issued 0 days Mon 9/9/24 Mon 9/9/24 25 27 Submittals and Procurement 65 days Wed 5/22/24 Tue 8/20/24 r r 28 Submittals 15 days Wed 5/22/24 Tue 6/11/24 r� iE 29 Pre Tab 1 wk Wed 5/22/24 Tue 5/28/24 1155 30 Finalize Equipment Selection 1 wk Wed 5/22/24 Tue 5/28/24 29SS Page 1 Page 9 2. SCOPE OF WORK - ESP SCHEDULE Tukwila Community Center HVAC Upgrades Schedule Fri 5/3/24 D V Task Mode Task Name Duration Start inish Predecessors Half 2, 2024 1 Halt 1, 2025 31 32 33 34 35 36 37 38 EP 39 40 41 42 43 45 46 EP 47 48 49 50 51 52 53 Submittal Review Issue PO's Boiler Equipment Longest Lead Item Controls Equipment Lead Time Construction Mobilization Site Office and Rental Set Up Tools and Equipment Delivery Boiler Room Work LOTO and Demo of Equipment Install Boiler Equipment Electrical and Controls Install Flush and Fill Loop Startup Project Substantial Completion TAB & Cs Post Install TAB Cx all Equipment Closeout & OM's Training Closeout Documentation 1 wk Wed 5/29/24 Tue 6/4/24 1 wk Wed 6/5/24 Tue 6/11/24 50 days Wed 6/12/24 Tue 8/20/24 10 wks Wed 6/12/24 Tue 8/20/24 30 days Wed 6/5/24 Tue 7/16/24 6 wks Wed 6/5/24 Tue 7/16/24 45 days 5 days Wed 8/14/24 Tue 8/20/24 5 days Wed 8/14/24 Tue 8/20/24 5 days Wed 8/14/24 Tue 8/20/24 40 days Wed 8/21/24 Tue 10/15/24 1 wk Wed 8/21/24 Tue 8/27/24 4 wks Wed 8/28/24 Tue 9/24/24 3 wks Wed 9/11/24 Tue 10/1/24 1 wk Wed 10/2/24 Tue 10/8/24 1 wk Wed 10/9/24 Tue 10/15/24 0 days Tue 10/15/24 Tue 10/15/24 10 days Wed 10/16/24 Tue 10/29/24 1 wk Wed 10/16/24 Tue 10/22/24 2 wks Wed 10/16/24 Tue 10/29/24 30 days Wed 10/16/24 Tue 11/26/24 1 wk Wed 10/16/24 Tue 10/22/24 6 wks Wed 10/16/24 Tue 11/26/24 30 31,1455+5 days 32 31 3455+9 wks 3955 40 42 4355+2 wks 44 45 46 46 46 5055 47 11 10/15 Page 2 Page 10 Detailed Scope of Work FIM ID # 51724 01.01-TCC Full Building Controls and Boiler Plant Upgrades Tukwila Community Center GENERAL This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. BASIS OF DESIGN NOTES 1. This scope of work and referenced floor plan is provided with the intent to provide guaranteed maximum (GMAX) pricing only. This is not to be used for construction. 2. For the purposes of pricing, no equipment substitutions shall be allowed unless explicitly approved by McKinstry engineering. 3. Equipment is sized on a like for like basis in terms of capacity. 4. New building automation system controls shall be provided for all equipment. SCOPE OF WORK INCLUDES 1. Equipment furnished by McKinstry Essention (I) (2) condensing boilers, include condensate neutralization kits (ii) (2) hot water secondary and (2) hot water primary pumps, include suction diffusers (iii) (1) hot water air/dirt separator (iv) (1) hot water expansion tank (v) (1) chemical feeder for hot water system (vi) (1) electric heater 2. Mechanical A. Demolition 1) Demolish the following: (i) (2) boilers (ii) (2) hot water secondary and (2) hot water primary pumps (iii) (1) hot water air/dirt separator (iv) (1) hot water expansion tank B. New Work 1) Install the following equipment: (I) (2) condensing boilers, include condensate neutralization kits (ii) (2) hot water secondary and (2) hot water primary pumps, include suction diffusers (iii) (1) hot water air separator (iv) (1) hot water expansion tank (v) (1) chemical feeder for hot water system (vi) (1) electric heater 2) Furnish thermowells for (5) hot/chilled water temperature elements, installed by controls. 3) Provide insulation on new hydronic piping. Insulation on existing piping to remain does not require additional insulation beyond what already exists. 4) Install new gas regulators (furnished with boiler) and connect boilers into existing gas piping. 5) Install boiler condensate neutralizers furnished with equipment. Provide CPVC piping to drain. 6) Furnish and install new flues for each boiler. Flue material shall be AL29-4C stainless steel up through roof. 7) Flush and re -fill all hot water piping. 8) Contractor shall be responsible for any new wall penetrations needed. New roof penetrations shall be by the roofing contractor. 3. Mechanical Service 1) Replace sheaves, pulleys, belts, and shaft bearing on all fan assemblies. Replace motor with new inverter duty motors with shaft grounding rings. 4. Controls A. Demolish existing thermostats and accessible controls for all equipment to be provided with new controls (see below). Control wiring and tubing may be abandoned within walls if inaccessible. eE nstry ,n 01 rc., e.rlAy PROPRIETARY AND CONFIDENTIAL Page 11 241 Detailed Scope of Work B. Control (2) VFDs for the following: 1) Secondary Hot Water Pumps: qty (2) 10 HP C. Provide necessary low voltage control wiring, conduit, sensors, and transformers as necessary to tie existing mechanical equipment into new DDC control system. Intent is provide hard -wired control points. Control of equipment shall not be through BACnet. BACnet may be used for monitoring in some instances. D. Provide all control end devices (temperature sensors, pressure switches, current switches, etc.). Below is a list of equipment to be controlled. 1) (1) Outside Air Temperature (AI) - provide temperature element 2) (4) Building Pressure (AI) - for AHU relief damper control, provide differential pressure transmitters 3) (3) VAV AHUs (AHU-1, 2, 4) [Reuse existing equipment] (i) Supply Fan Enable (DO) (ii) Supply Fan Speed Control (AI) - to existing IGV (iii) Return Fan Enable (DO) (iv) Return Fan Speed Control (AI) - to existing IGV (v) Hot Water Valve Command (AO) - provide new actuator, re -use control valve (vi) Chilled Water Valve Command (AO) - provide new actuator, re -use control valve (vii) Supply Air Temperature (AI) - provide temperature element (viii) Mixed Air Temperature (AI) - provide temperature element (ix) Outside Air Damper Command (AO) - provide actuator (x) Return Air Damper Command (AO) - provide actuator (xi) Relief Air Damper Command (AO) - provide actuator (xii) Duct Static Pressure (AI) - provide duct static pressure differential transmitter (xiii) Filter Pressure (AI) - provide pressure differential transmitter (xiv) Freezestat Status (DI) - provide freezestat (xv) Duct Smoke Status (DI) - reuse existing (xvi) Space Temperature with CO2 monitoring (COM) - provide thermostat 4) (1) Single -Zone AHU (AHU-3) [Reuse existing equipment] (i) Supply Fan Enable (DO) (ii) Supply Fan Amps (AI) - provide current transmitter (iii) Hot Water Valve Command (AO) - provide new actuator, re -use control valve . (iv) Supply Air Temperature (AI) - provide temperature element (v) Mixed Air Temperature (AI) - provide temperature element (vi) Outside Air Damper Command (AO) - provide actuator (vii) Return Air Damper Command (AO) - provide actuator (viii) Relief Air Damper Command (AO) - provide actuator (ix) Filter Pressure (AI) - provide pressure differential transmitter (x) Freezestat Status (DI) - provide freezestat (xi) Duct Smoke Status (DI) - reuse existing 5) (34) Fan -Powered VAVs [Reuse existing equipment] (i) Supply Air Temperature (AI) - provide temperature element (ii) Primary Airflow (AI) (iii) Primary Air Damper Command (AO) - new actuators (iv) Hot Water Valve Command (AO) - re -use control valve and actuator (v) Fan Enable (DO) (vi) Space Temperature with CO2 Monitoring (COM) - provide thermostat with integral CO2 sensor 6) Hot Water Plant (i) Provide interlock wiring between primary pumps and respective boilers (ii) Provide interlock wiring between leader and follow boiler controller (iii) Install manufacturer -provided temperature element and wire to lead boiler controller (iv) Hot Water System Enable (DO) (v) Hot Water System Setpoint (AO) (vi) Secondary Hot Water Pump Command (DO) - wire to VFD, qty 2 (vii) Secondary Hot Water Pump Speed (AO) - wire to VFD, qty 2 (viii) Secondary Hot Water Pump Amps (AI) - wire to VFD, qty 2 (ix) Secondary Hot Water Pump Fault (DI) - wire to VFD, qty 2 (x) System Static Pressure (AI) - provide system static pressure differential transmitter (xi) Hot Water Supply Temperature (AI) - provide temperature element (xii) Hot Water Return Temperature (AI) - provide temperature element 7) Chilled Water Plant [Reuse existing equipment] (i) Chilled Water System Enable (DO) qE nstry 2 4 ,n 01 rv., emmy PROPRIETARY AND CONFIDENTIAL Page 12 Detailed Scope of Work Chilled Water System Setpoint (AO) - future provision for VFD Secondary Chilled Water Pump Command (DO) - qty 2 Secondary Chilled Water Pump Amps (AI) - future provision via VFD, qty 2 System Static Pressure (AI) - provide system static pressure differential transmitter Chilled Water Supply Temperature (AI) - provide temperature element Chilled Water Return Temperature (AI) - provide temperature element 8) (2) Hot Water Unit Heater [Reuse existing equipment] (i) Fan Enable (DO) (ii) Hot Water Valve Command (AO) - reuse actuator, re -use control valve (iii) Space Temperature (AI) - provide temperature element 9) (9) General Exhaust Fans [Reuse existing equipment] (i) Fan Enable (DO) (ii) Fan Status (DI) 10) (1) Type I Kitchen Hood Exhaust Fan [Reuse existing equipment] (i) Fan Status (DI) 11) (1) Make -Up Air Fan [Reuse existing equipment] (i) Fan Enable (DO) (ii) Fan Status (DI) (iii) Dishwasher Status (DI) - provide current switch 12) (8) Electric Heaters [Reuse existing equipment] (i) Heater Enable (DO) (ii) Space Temperature (AI) - provide temperature element 13) (5) Supply/Exhaust Fans (Thermostatic Control) [Reuse existing equipment) (i) Fan Enable (DO) (ii) Fan Status (DI) (iii) Space Temperature (AI) - provide temperature element, one per pair of fans 5. Electrical A. Electrical work associated with the replacement of (2) Boilers and associated pumps. B. 30-Day Metering: It is assumed that this project will result in a load increase and 30-day metering will be required on (2) panels. C. For Demo and New Scope, please refer to the base electrical scope table titled '02 - 51724-0101TCC Electrical Scope Table.' Please also refer to the Electrical Sketches for panel locations and impacted equipment, sketch is titled '02 51724-0101TCC Electrical Sketches.' 6. Structural A. Concrete 1) At interior conditions, provide 5" concrete housekeeping pads for boilers and pumps. Provide #4 bars at 18" on center each direction. 2) Design seismic attachment connection of mech equipment to new interior concrete housekeeping pads. Provide expansion anchors at each corner of units. 3) Concrete pads and anchorage require special inspection per IBC Table 1705.3. B. Wood 1) Provide steel gravity hanger rods and cable seismic bracing for suspended mechanical equipment to existing wood framing. 7. Roofing A. Provide roof patching and flashing for (2) new boiler flues through roof. 8. Carpentry A. New boiler flue is being installed through an existing enclosure. Open existing enclosure and re -seal after flue work is complete. 9. Testing, Adjusting, and Balancing (TAB) A. Provide pre -construction TAB for the following equipment: 1) Hot water pumps (total flow and head with all control valves fully open) 2) AHU-03 static pressure profile. B. Provide post -construction airside balancing for the following equipment: 1) (4) AHUs - outside airflow 2) (1) Boiler Plant 10. Commissioning A. McKinstry Commissioning (Cx) engineering shall fully commission the proposed control system and all associated mechanical equipment. B. Commissioning shall be performed in accordance with the 2021 Washington State Energy Code. 11. Training ef nstry ,n aI row enemy PROPRIETARY AND CONFIDENTIAL Page 13 243 Detailed Scope of Work A. Provide training for using new equipment and controls. NOT IN CONTRACT ALLOWANCE 1. Repair Allowance: Existing AHU hot water and chilled water control valves and their actuators will be reuse. Existing hot water valve and their actuators at VAV boxes, cabinet heaters, unit heaters and other terminal devices will be reused. A repair allowance is recommended to perform evaluation and repairs of deficiencies identified during controls upgrades. 2. Temporary Heating Allowance: The heating system hot water will not be available during boiler plant upgrades. Per current schedule this is anticipated to be end of August through mid -October. There could be need for temporary heating in some spaced depending on weather conditions and programming in the spaced. Budget to provide temporary heating is not included in the project cost and recommended as an allowance. McKinstry will coordinate with the City to develop and implement temporary heating solutions for needs identified by the City. Item Allowance Budget (Not in Contract) Repair Allowance $15,000 Temporary Heating Allowance $30,000 PROJECT SCHEDULE MILESTONES — APPROVAL, PROCUREMENT AND MOBILIZATION The City intends to implement the project before 2024 Winter Season. To allow time for pre -TAB measurement, equipment selection, review, ordering, lead time the City is targeting an expedited city Council review and approval. The project schedule for mobilization date is contingent on the City, DES and McKinstry coordinating to successfully meet below listed key milestone dates. 1. City requests DES to provide Contract Document : 05/07/2024 2. DES provides Contract Documents (Funding Authorization) : 05/10/2024 a. Funding Authorization needed for inclusion in meeting package for the Council Meeting dated 05/20/2024. b. McKinstry is assuming 1 week lead time for the package, City to confirm. 3. City Council Review meeting : 05/13/2024 4. City Council Approval : 05/20/2024 5. City requests DES to initiate Contract Processing : 05/21/2024 6. Construction contract is fully executed : 06/11/2024 7. McKinstry releases Equipment Purchase Orders : 06/12/2024 8. Equipment longest lead time : 10 wks Based on the Preliminary Notice to Proceed issued by the City (Step #2 above), McKinstry is willing to start below tasks before the Construction Contract is fully executed. a. Perform pre -TAB measurements to inform equipment selection design. b. Complete final selection of boiler plant equipment. c. Request and process equipment submittal review. d. Engineering submittal review. e. Perform 30-day metering of electrical panels for data required to complete permit set drawings. PROPRIETARY AND CONFIDENTIAL Page 14 Detailed Scope of Work CLARIFICATIONS AND EXCLUSIONS 1. Excludes hazardous material testing and abatement. A good faith survey of hazardous materials has not been provided. McKinstry will work with the Owner to provide a plan of areas impacted by the scope and expected testing. The Owner will perform the testing and if necessary, abatement before work starts. 2. If existing equipment or components are reused, repairs to existing are not included unless specifically noted in the scope above. At this point, all other related equipment that has been inspected is operating properly. 3. McKinstry will coordinate with the city to identify and secure a laydown area in proximity to the building. 4. All work will be performed during regular hours, Monday -Friday. Labor cost estimates assume day shift work. A. Building level Utility shutdown is not anticipated for the scope. B. Work within the building will be coordinated with the City to minimize operation disruptions. Phasing of the work in the occupied spaces is not included in the scope and budget. C. McKinstry will coordinate the work schedule and space impact with the City in advance. The City will communicate and coordinate the impacts with the building tenants and users. D. The City will move or remove necessary equipment, furniture etc. from the work area E. McKinstry will perform cleaning of construction dust, debris etc. from the work area at the end of work in a space. 5. Temporary Heating and Cooling A. The central heating plant will not be available for the duration of work on the heating water system. This is expected to be about 8 weeks, approximately end of August through mid October. B. Space airflow and ventilation will not be available in respective spaces when work is being performed on the AHU. C. Operation of all equipment being re -used will be impacted for the duration of controls replacement. D. Temporary heating/cooling and ventilation of the building spaces is not included in the scope and budget. McKinstry will coordinate the shutdown plans and impact with the City during pre -construction. 6. BAS Control A. For non -boiler room equipment, existing controls valves and actuators will be reused. B. For AHUs, all dampers will be reused, actuators will be replaced. C. For AHUs, all hot water and chilled water valves and their actuators will be reused. D. For AHUs, existing Inlet Guide Vanes (IGV) will be reused in this Phase and will be replaced with VFD control in the next phase. New controls signal will be provided. Operation and performance of existing IGV could not be determined during IGA and is not expected to change. E. For terminal devices, all hot water valves and their actuators will be reused. F. Points list provided in this scope is preliminary, this could change and will be finalized during design phase. G. Access to the BAS will be web based. New computer or workstation is not included in the scope and budget. H. The City will provide ethernet port access and provide wiring to the point were ethernet is requested. I. The City will provide McKinstry remote City access for M&V purpose. 7. Existing ceiling tiles and grid will be removed, stored and reused where ceiling access is required for accessing the VAV boxes. 8. Temporary roof access, roof protection and fall protection during construction will be provided as necessary. New permanent roof access is not included in the scope. 9. Paint and patching of walls, ceiling and floors around the equipment and area impacted by scope is included. 10. Fire Alarm sensors in the AHUs will not be impacted by the scope at the AHUs. Upgrades to the Fire Alarm Control System is not anticipated for project scope and not included in the scope. e� nstry ur Of m., OmMoo PROPRIETARY AND CONFIDENTIAL Page 15 245 GENERAL NOTES 0 Z 0 w a 0 W Z W m J J Z J w Z 0 0 2 U) z W o__ 5 w J J z 0 U_ Z 2 0 >- z w vJ z 0 2 0 0 z_ 0 J 5 co w z rI Q Q O Iw 00 2U W 0 0 Pi zww EQ �w • 0 w O Z c O U w (0- CO fY W J J W ZU 00 W w0 ry0 w 0 Z w 0 z Z_ O o_ 0 F— z 0 0 w 5 0 I..L 0 J 0 W J H w 0 0 u_ ui w U w 0 0 w 0 Z 2 W 0 Z c 0 0 z 0 0 CD w CV 0 I—- H UCt Q co I J 2 0O) U >- Z w0_ Z c 00 ~ • Y ''D^ O v J Z JU Q Z0 O H W Z o • Z W < L t v5 w X � w v N. KEY NOTES 0 w 1L w Z W d_ 5 C5 z 1- co w z 0 co 0 z 0 W z w 0 0 a 0 z w 0 Z F— z 0 0 z 0 0 W 5 0 0 0 0 0 '0 v) GREEN = DEMOLITION + NEW WORK + CONTROLS u5 w w 0 ORANGE = NEW WORK BLUE = CONTROLS ONLY ■ SEE EQUIPMENT CUTSHEET PDFS FOR ADDITIONAL INFORMATION. H H Z W 0 5 0 W Z 0 0 Z N 0 Z M2 W 0 m 0 LL z 0 0 J (1) J_ O m C7 Z (1) Z W 0 Z 0 U N 1 m m J J LL W J 0 J 0 J m w 0 06 03 W Z Z 0 Z w X W 1 W F- Q O w ZU Z Q Q W _0 .w rU F- wQ (1) Z 0 0 W z Z 0 U 0 w O Z LL 0 w 2 0 0 c 0 w W 0 Q w Q O 2 w SEE MEZZANINE PLAN FOR AHU-1 AND VAVS ABOVE. .•- fl t,,, . -1- L� • r- • 1 .4 ...)-....:At..." { \1 I cam' in 1I I._ r. —11 briF 'I EL,r 1 I - -' II -_ - o T0,1 4.0 L] 0 e4 --LEp1 1,I a-11 • ..i .1----- ---517,_-,-,- -....-.,- --- : Pli. --- H - - ... - - - - - 0 - F UJ 9 ril El7incwi 0 r M 71, 4L1 z • s-i.t do TNT 0 ekJ esi •Iji r 11 0.4 7c I LI) L.T 0 Cu- 0 • 6 .._.• —fr i --• .1 4V._=_-.:-_-==1 • tN lcZ A 0 141 J� v 0%1 j • 7.t I � Cr 1 0 EL ra i •L desi X d ckl (NI 0 CA In C'1/41 • / i I • op 0 A8 Nr cio EL 0 74. o Lij 0 1- • • • • T/7.--141;51t/N 7.-t\Z/\ 1-1 CO 0 Itek 1(2 t. CfP 0 rLi trA Lri 7.c j& 140 eima 1 4 8. al IN to 8 11 0 Cu- „Al LLI LT— (1) _1 o co • • (/) o O 4 I— o L‘c 0 u_ < FIRST FLOOR FLAN WEST • lat 74. 246 we. 2. SCOPE OF WORK - SKETCHES GREEN = DEMOLITION + NEW WORK + CONTROLS KEY NOTES GENERAL NOTES ORANGE = NEW WORK L_L 0 0 BLUE = CONTROLS ONLY 0 Lu u_ Lu H z Lu o0 5 Lu 0 z Lu 0 z z c.) Lu z Lu 0 5 0 a_ 0 0 z 0 z zi- oz 0 c) 0 w 0 0 o u5 LU 1-1-1 00 o 5 0uJ o PROVIDE NEW CHEMICAL FEEDER FOR HOT WATER SYSTEM. 0 TIE INTO UPSTREAM / DOWNSTREAM POINTS OF SYSTEM. 4- {NI 0 a w ui I I -I <cd z - Hwo ci_Lt Fw D21r: 0 21- I--(0 0 - .=I. D Z iXWCLU) WZ 0 0_ 0 01-1-10D0U-D8 ZaW >-(-) 91(212(2'1(79 .1'_Ig, f: , Lu 0 1_ F zzLu 2 0 2! -- 0 D Z LU E- () F: c)z Lu 0 LU :) c) c) _1 ° o_ 5 wZ 0 D F Lu a 0 5 cozzajac 5 Et >- z (/) o 0pw=i0 <Lu u) o < c.) -1 < r2 2 0 r:C w a- 00 Cli-<WO_ E5 iF2 z 0 E- F- ' <1-ZDZ m0 < CC Z LU .7t CC m C\1 Z Ct LU U) Z 0 _I w _i _I Z 0 W Z 1- 15'7C ° w E < z w ° F rI ciEJ__Iw<i_ co i- W <w zzDwocn co w0- 0 ED1.,t..... 00r1a:111 rLz2lJiO5W-_ zzaLLI wE13- <_1 0 0i(0 1w 1- 10 -IUCO5o0qUw11)=z <y __,E0U0Gr-W . o z u) 2 u) ›- '-' rl o u) 0 z w z El_ z , 1- ,.0_inc6(2 < r: , < I 12 ID Z 1 co -I iz co D CD (/) Lil co W =i a_CL =If:Cat:TOD-z 5co =1 I- o < oLuET-o_ii , o p _1 w _1 w < fl < i < I- w 0_ 0<0m0i-§ 0< illo DEMOLISH / INSTALL HEATING WATER EXPANSION TANK. DEMOLISH / INSTALL AIR/DIRT SEPARATOR. 0 000 (7:3) \ C) 1- IY a za _F-F- 1 Lu ••• oz0z • \ a F < Lu z-5 w < u5. u_ o 1- LuiI D I- 5 1- o z 0 rl cf) \ < < w < Z D W200Z I- z 2 2 co 0 rI l.J 0 7 < 0 1 -I I- CO 4 11\11 CL u) 0 :0 00 00 C) Lu Wi 0 LU C) CL z < -I 0 5i _I LU „; LU 0 Woo < Z kj U_ I- Z LLJ Z 2 u)ECCO 0 Ill u) 1-§6 0 z w z (f) w wI21 Z ° 0 V o5 rl E l= _ (1 e z 1- 0 5 EL z = (D0z1Y0 0 D 0 I00-W Z U) III 0 02 (6 _1°3 oLL -] 0 rl rx < D i 1- -1 1- 0 z ° z (.9 d u)a 1- _0 E z 1= in co Dw1 <co 1-1-1Zr1WW 0 5 5 0 5 1- co _1 co o L1.1 Z PI U5 0 L1J < w W / • CI < Z w 000 F51- _irlorI 5 u) o u) / _ILu§zow 5w5 a z 1.11 U_ 0 1.11 CC LU c‹, = , t ---- _-k-.-:_. , ------- .-------'-- / ------,-/--,__ / / --------__ L_n= FT,T, .1 g •-• (f) 2 • Nrc z z pE r c-F5 „•• icr „ 'co [ 0 vai a. 0 LdIX uII I 11 $111i IIIiHo vfiiii ! 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If 1 'L....Y.4 '. .7.......%.....1 S.. ..N:. I..0 / V ......%Z.› / ....,.. ./... ...._ .. . .... / IF • -- • - - - • %-• LgJ FIRST FLOOR FLAN EAST LU • I . . E.. . • L • . I . . - =Iff'217LTAW'relT.15. . I i 1c..! 11: Al: 311'. . : . i-51Jci, it1i 1 AA%1 •,,,:).cris :]P10/111 311A LJ g)), 2. SCOPE OF WORK - SKETCHES GO : W '0 Z w 0 I— 0 0z W w uJ0 wZ ZI- wZ 2O -0 W 0 I— Z Z i=0 0)0 X1 W W z 05 wCY 0 Ct I- 0 ZLL- 0Y 0Q w� Z L Lu ui 0 O W W 00> C0uJ 0_U)0 0 0 c La i REUSE EXISTING FAN MOTOR AND INLET GUIDE VANES. PROVIDE NEW CONTROLS. GENERAL NOTES z - —" _1 0�¢w Z -Qv�Oz 0 ow Z ¢-- • Z "� w J 2 0 00 I- w 0 I-2O0z 0¢ z���0 0= my=pia Z� Jw~w� 2Z =ZZWZ UJ LLO w O0 m cni'§p0 Z Q}Jwpww z_O Jci_COO—_ fe 0OZCtO oD ww Z<0UJ ¢z OOuJO rQ (=i)DJ¢u) 00 ¢ J 2 J — WzQ 0)0 - aLIZ0LU Q �¢ % D 8W W W 2 i m w 0 0 0 i= 0 u) j w- z 0 w X ww0 ¢z§wL0 wD 111 Ki 'k\ C.11 r S ' 'A SHO —ANw— ±1". O r 0 L .. +- — - — -- - -- — - -- —•— -• 0 w a J 0) z w 00 J J U) 0 Z_ W 0 0 0 w Z Z oj H 0) W lIZION25 OA GREEN = DEMOLITION + NEW WORK + CONTROLS 7 Cfp ,z (.' MOf- z i M ORANGE = NEW WORK ■ BLUE = CONTROLS ONLY 0 _0 - 0 - ---- c MAYCMUM ALLOWABLE AHU DIMENSIONS 1- 1 N . ca ■ 1— z Lid 11.0 EL; i0 0 in • J w 0 0 1 C 1 el ..1. / I // _1 IF zvg, my. L 8 r • LJ 0 P rI • • • CIC • 4 1i..i1iM1, ado 1� 1-IWS • Eci I;} ;AI 1 1 L 51' 0 Zj WING MECHAN SCALE: 1 4" - 1 r- '" 248 C) 0 C:7) CT5 0_ KEY NOTES w 0 w 1 (\i 0 w w u_ z w 0 D 0 C9 co >7 w cn 0 z z w 0 w 0 o_ 0 z w 0 z co 1- z 0z 00 0 w 0 0 U_ 0 U_ 0 cri W 00 0 5 o w (/) w z w 0 5 0 z 0 z w 0 z u_ 0 17- >7 w w w 0 0 cn z 0 w z w 0 H 0 0_ L-11-1-1 ta. 11.0 CHS1k R 2 ler pJ 0 0 I- 0 (LP CO < 0 Lir) .0 taJ w 6 "it 0 Z • x 0 PC mil- 41:1 'It in . Cs.1 in MI 'a PO • x x • 2 o 1Z CO '4C CO 0 D 8 02 00 2 < 5 26 suPPLY *A* CI rrrrr TTT • ORANGE = NEW WORK 1 0 0 BLUE = CONTROLS ONLY 2 c 2 z c s MI -1 14.• GREEN = DEMOLITION + NEW WORK + CONTROLS 7....\ 0 ' ,------ \ /1 x 1 mo W 26* SUPPLY GENERAL NOTES 0 0 1- 0 i I- 0 12 0 >- 6 zzo_1 LLI 0zz I- I- Z < LU < ,r; LL 0 1-10 Lt D <I- Z _ 0 CC co Z D Z (/) (..) 0 D cn i- co z 2 2 u) 5 0 -1 _1 w 8 Luct 0 0- 2: 3; < 1E- _J 2 00 '-t LU ,r; LU WOO k.:), Z z wL1- zl- < co E rl 0 0 LI-I EC- w I- ca EL cn 1- § 6 (-) z z u) w a 0 r2 Z 0 u) U - CC Y_ I= zzicT - o ,-, _ _ir: 0 0 z r: 1/4-) 0 D 0 Z < 0 w 1:t 2 LL 00-r,.;• co1(-I-] _- rY a D i i-cCII Hco _ILLI 1 I(/) 0 z 1L- i= w 0 Fj (1)0 0 ,7 i_i LLI Z fX U) W D 2 uk 5c1- 5-'z 2> 0 w oc0C)www zcCuj w Lii 0 a (.) i= 5 I_ _, Lt a 5 u) 0 u) _1 W§ZOLLI >7 W >7 .< Z LL1 U_ a LU Et W 1- o 0 0 0 j La. ct el- < _1 5 SEE ly12.4 FOR CONTINUATION Ckl 0 w uJ CL 0 cr 9 0 vr3 z 4.7z LJ 3 -4E 0 -cc /-".. .• --.-e I- M 0 LTJ M . i 03 II .7.1e 1 Ir'',1 •1 ik, I- 1 in Y i tki -041' 1.,1 'CO I,- 10 LENGTH ID F 141 tr'91 1 4- rCiD I i--- ... =..1- •• __... r_ LLNI 1 . .D. X < _.. ... - PI 1 . D : = -I mi- ! D . 1, < y : 1 9.. ! / / • ...... i I I ! ; OA PLENUM \ . ..... .... ... ... „, -r- .. 1. i ... , . ....__.k. . f • , \ r• 11. / ' I' 1 .... , - i \ ; 1. 1.. I.. \ 14 , -,-- / i 71 \ \ -- -/:----1; . . . 4... ll.,. i. 9... j• Lc \ V \\ \ I. ‘ -d- -4 \ \ \ \ \ \ \ 1 \ 1 1L 1. ... V----A • 1. \ . ..t. ; 1, •. '1 ; . • . ; •1 . 1 1. • • ; . '• '',--5%. l'i. . 1. '1y 1; \ •" % ._ _21_ 'd !_ • LIJ EXHAUST PLENUM 4C 4- M is) V 0 • I FT CN TIM •.= . ••. I.11 • l• • • z 0 0 w (/) 0 0 7 d% • a - - • • ••• • •rilDi?10 v14 311i • r.. 249 . z TERMINAL BOX FOR INSTALLATION SAAH �- — 41► I = ^ � a 4 " vJ f/3 Z � N 0 U CW MAKEUP POC GAS UNE POC i i i i FOR INSTALLATION r'1 KEY NOTES a D d CC Q 0 II Z _10_ 0 CO 2 0) cn a Y W 0 CC Z Q O 2 ~ z z 0 z a 0 z w cc z � p w Q Z J I OU m W < < 1- I- Z Z Z Z 0 0 0 0 0 0 0 0 O O O O O OEM DEMOLISH / INSTALL AIR SEPARATOR GREEN = DEMOLITION + NEW WORK ORANGE = NEW WORK r a U co PROVIDE NEW CHEMICAL FEEDER 0 F maim MA Orm mm= mom HYDRONIC HEATING SYSTEM 0 0 SCALE NONE i i DEMOLITION SCOPE GENERAL NOTES 0 z z p _1 W O pi=< W Z< <a1-0z 0rIp �ZQw< ZDZ wpU)01- wow 2O Z I-- CO z2 2 U)0 p=J w00WOa Z�Q J U)m~�pwWQ QZ Z w Z O Z c= w,, CC 0 0 w co cni_§p zct Q>_JLij pW Z000 a_�a>- w~Y Q 0OzcCI 0 D 0 Z<OUw QZI- 2�m� YJU ODJ 0 rY Q JQi— Opp> Q I— = J > — zC�O�p UpZ wZIYU)w 20ZULIJ J pQZ U,mOWWW zc w waaU H5H Jct0D> >S> Jw—z0W XwX <Zwup wDw N RENOVATION SCOPE 0 CI) Z QLll 12 < J C� O� m� • • W N— O 0 12 1— Z c\I 0 (") Z LL Q 250 • {ff.�1hh F i� 1:5d3!,'v1 _ I. 1�..J p� `Jvi v Id +.3IC% !�J01S 3 11Il Pi'f N U 1/4" TUBE 180-DEG U-BEND w U w O O w O u_ U r2 3/4" AUTO AIR VENT AND ISOLATION V/ VALVE (SARCO 13W OR SPIROVENT) 0 a Z Z W < W 1- >oLL�_ Z O ¢ F= C 0 J z z z cG LL N LJL AIR -DIRT SEPARATOR LU W a CO Q w 1/2" P/T PORT (TYP) 0 0 D Z Z gz0 c =OcU> z oo 1- 2 co 0 2 QC o U = 0 Q Otz iYU w0 0 OI - w 0 wO ¢ >IY 2 a) O 1- - 0 a DC J a 2 UP TO HEADER (TYP) MOId MOId a w C7 W Q C7 > W Z O in J CC O a 0 w W J J p J_ w W w p M O PUMP FLANGE TAP (TYP) 1/2" BALL W tY cn w a >- Ll 0 w a WELD NECK FLANGE (TYP) BUTTERFLY VALVE - LUG STYLE LOCKING LEVER - 5" IPS & SMALLER a a 0 1- A PIPE LINE SIZE OR LARGER a W 0 g > Z O 1- a Z U O E o U z W UJ UJ 0 0 w A FROM EQUIPMENT co W w a N a U) LL W O a w d N CC 0 J W J cn a z W aCt a ¢ CC N O 0 J ¢ Ll > WLLJ J C/) < 0 J Ll O J W V Ir W 0 W J ¢ 0 06 W CO z l Ii 2 U (o F- W a' otj § (d O Ct ♦- ¢ Q Q J 0 co 0 i_ COL_L LU ~ a _1 12 W COcoio W U p i 2 W Cn W z dw J Q 0 ¢ IY 2 LIJ J > LU U CL UJ Oo LLO CC 5 ¢ O 5 J W et O0 0o_ Jcn WELD NECK FLANGE (TYP) SPOOL PIECE - 6"-12' PRESSURE RANGE LOCATE 5'-0" AFF MAX 1/2" P/T PORT VICTAULIC STYLE 177N FLEX COUPLINGS (TYP 2) 0 0 SI 1/2" INSTRUMENT PIPING (TYP) cc 1- cc OcY J 0 Z_ Z1- 0 0 2 1/2" BALL VALVE (TYP) OPTIONAL FLANGED Lo W W J Ca win a () 0 o a 0 w 0 W N a d z SUCTION DIFFUSER, MATCH INLET TO PIPE SIZE OPENING FOR STRAINER BUTTERFLY ISOLATION VALVE - LUG STYLE WYE STRAINER WITH CHANNEL FRAME LEVER LOCK - 5" IPS AND SMALLER BLOWDOWN VALVE GEAR OPERATED - 6" IPS AND LARGER VALVE. REDUCER (TYP) cr) W 1- 0 Z Z oc 0 fY 0 0 J a W coo > co W IY W Z 0 1- Z oc 0 1- U W IY 0 Z W 1- 0 LLI 0 0 W Cn CO W DC a O LL W N CO 0 J W W F- J z D 0 W ¢ Q ct W Q 1- m O tr, LLJ m0 > 1- z d O 0 Z 0 0 W Z 1- m 0 W CO 0 F- U) J N W (n 0 W J a < a 2 0 0 U W • L11 I J CnLU LLI Cl W 1C ¢ dap co p a O w 0 z 0 F-L1JaF- a J 0_ LLI Z ¢ 0 O W W UeL L z W Q Q W F- 0 1 w < 2 W ¢ 0 C N Q CO W > > z 0 Q 0 CO W CC 0 W W Z 1- CO CC 0 Z z W a 0 W 0 Z J w J Z 0 1- a 0 M L() LL a p W UI J Z 1- 0 j Z 0 W ¢ 1- (/) (n Z Z O z 1- W O Z Z 0 ¢ U X W Z J 771 0) Wf 0z COON 0 0 Ll W 2 F- 2 F- J W J J 0- 0 1- (ID 0 a O a J W J a W w W Z p W ¢wzO<w1z N W O W Z Z 2 LUL1 Z W H 0 p U z O o a¢ J m 0 W a= Q p xLL�cnF- WUW1v- U W W OD w(nLjOm W Z Y U=LLI 0 Cf W (,)pad zoQz� z L1,1 LLI Z W Z Z 0 z 0 0 J w Z 00Lia- O W W D 0 W cn J 0 CD U m Lo.X Q - u- 2 2 O W a W ZwZ z0_ L Z¢ - p LL ¢ Z W a LJ M a CO Z(nWLL I-mQ0a O U W V Lc CC W 0 Z 2 z CO F- M Z Q LU (n co Lu etJ 0 CC z < 2 OLToc0 LL Lu cn0WW LLI J cn-Z0 ¢ IJJ> -U > aa�w Qa cn CO ¢ U z 0 2 0 W ¢ O F- p 0 CO 0 et JaI-W ?�Z Z_ J 2 a Z a' ¢ > W 2 = W z 0( Q 0 a w 0 I- Q v ¢p Ma'0(n PUMP FLANGE TAP (TYP) PROVIDE SPOOL PIECE IF NEEDED FOR CLEARANCE ALIGNMENT REQUIRED PRIOR TO STARTUP F5I ¢ SUPPORT LEG 0 Z U m U_ co W co O w J H W 0 Z_ U U_ W 1- Z W a 5 O W 1- co Z W U Z W oW PUMP BASE FRAME HOUSEKEEPING PAD W Z J a a 0 W a LL a LL O LLJ LLJ a a 0 0 SCALE: SCALE: NTS 10 CO UJ W 0 W z tY o O I- W 0 < J W U < z Q 1- CO 2 d cc 0 W a OU W LU w 2 Cl_ m = CC X W a LLW CO Q M 0- CO U ¢ J f Q CC w U 0 z > 0 0 w Z Q d CO <0 (I;W W 0- -1 CO o ¢ J ~ Z I- U co Q W Z W W LU p D in W 2 CO > (n ¢ W 0 O WW a 2 0 a ffi ¢ w O a 1 W w (n - IWOWW wml-Y(n U = 0 m z W o Q ¢aLL9 � F-az¢ W Z0LCJZ OZ U z LL_ F- n ¢ W O ¢ ¢ u_ 2 pW -UL�i 21-WL¢La 1- O> il = W¢(nU W W <IJJ oa¢-¢ F- 0 Z N M 4 L() Mow 0 CD J W C7 LL 0 z cc W W W - p 0 Lu 0 JH J 0 0 AIR INTAKES. W Z J W 2 W CO F- CO1- CI) co W a a CC 1- 0 m W CC ( 0 0 ¢ CC J 0 a 0 CDN ct Z W O LL O H ¢ LLI w LLI I- w� co c_szL z W a w n O p a ¢ o W U Q U 0 } m OD 0 CO 0 0 0 Uc0n UJ LL Z ♦- 2 J LL CO 2 5. N I 0 0 ZI-a 0 a w COC0 Ct O W Cn o W mow 0 J J I- m } W O O ¢ O U 0W Ocn- cC CD a 0 > 0 W W LLJ J W __I W w a0� OWc¢i) COm I- cr UJ J m ¢ CO -I (n W ¢ p ¢ cn a CO C7 ZZ ZaE O a W W U Q n 0 W I co 0 W O (� W O > J > Z 0 Q J 0 W a J a ca TIE IN WITH w- cn¢ >-W U 0 U Q O ZWQ ec 0 CO d >- aW 2 D (n SIZE PER MFR 0 1- W L1J O -Ia ¢ p W C.)2 U LU U J Z J CC W > a > 0- Z O o W 0 p Z I Y O O U a W co W a PRESSURE GAUGE U a z- SEISMIC STRAPS 1- IY 0 a d z Z 0 o a LLI OW Z ~ d a U O- a O O w U J z J W W a W I- CC m p O J I - 0 Z Z ¢ cn - 0 F- �UCWuO ¢ a ¢o a WL.>ULJL02 CC O W CC W a W5 2 O W O 0 u_ -J Li J J D- o_ D- o_ n N < 0 0 --n— V SHUTOFF VALVE (TYP) L L J 0 H U Z(n O a u)W a CL LU X H ISOLATION VALVE 0 z LLIW LL a ¢ O c9 W J_ W 0 0 0 Z 0 1— U V J 0 Z W SCALE: NTS THREADED CAP TO PROVIDE J_ W 0 Z 0 U W Z Z 0 0 ^Z 0 0 r� V W H z W J 0 C7 0) Li ) C1 0 W Z O IY N Wz W wW 2 a' N = F- O w LL J J W W 0 a W a W 0 a p Q 0 a SEDIMENT TRAP DETAIL - ELEVATION VIEW CONNECTION DETAIL - ELEVATION VIEW w J 0 r ISOLATION VALVE (TYP) PRV SET AT 50 PSIG FLUE (AL29-4C) Q J O Z 0 U ¢ U W z m 0U u L J 9H a 1- F- a W0 1- > 0 0 z a Y U Z U Z 0 i ¢ (n Z Z ♦- ¢ W Wa za MANUFACTURERS INSTRUCTIONS RETURN TEMPERATURE SENSOR ZIMH— w J_ 0 CO W N 0 o_ a LY O Ir 0 1- 0 1- Z 0 0 W Z UJ >- 00 0 a 0 2: a UJ W W CO 7D 0 2 a' O (n o m9z uj 0 0 COI Y F- 0 W co Z Z CO J - o W I--_ p (/) 1- U O_ O J 0 w Z ¢ � O zOUZ0 Z ZI-NUJ 0¢�1°)a _ I - a WpCC CI- Z J M J I- LL U IY Z a Q = U > 0 W Z � IY W m 0 a¢ J 0 L- z W ¢ J O O W a W a a z0JtY O cnctu_0 UJ Z O Z OJ U W N Z CL a u O W Z Q p O J W O LL¢~ F-OZ W F-(DIYZ W LJi<v2ia DO0 WOWF- 0 0 0 U J F- ¢ J W 0 I..L W 0 LLB LLJ L.L J U_ W U SCALE: NTS 10 Z Z Z Z W Ct CC Ct D 1j Lwi LWi (/)OUJ W W Lu 1- 0 Z N c"M 4 L() 'cc/DCN m 0 0) - F- Z uj p v Z 0 7 O W :EcoUZ Co SCALE: NTS O 251 bib ra..: k • 2. SCOPE OF WORK - SKETCHES 5 C7 Ix 7 U .- N0 O W 2 f_ Y < W < a 0 w =m Fce Sri w� o0 zm `er o o o Mu za z 0o cc in cc L mod' z Qx <0 Sao 4.1 CIz La 17 a 55= 5z 0oc.> oz Ce CC < CC o a_ a La a- U COORDINATE LOCATIONS, MOUNTING HEIGHTS AND WIRING WITH DIVIDER MANUFACTURER. COORDINATE LOCATIONS, MOUNTING HEIGHTS AND WIRING WITH BACKBARD MOTOR MANUFACTURER. 6 0 COORDINATE LOCATIONS, MOUNTING HEIGHTS AND WIRING WITH SCOREBOARD/SHOT CLOCK MANUFACTURER. 4 A AAAA / / / z 1< cm z 0 --\ La WHEN LIGHTS PROVIDE WRING VIA TWO -POLE UGHT SWITCH SO FAN RUNS 1 it I N N ti a) • N } a U rx us 71 ;cis c_ '_`.' _........i� f z Li- VI 0 CT, 0<0 ,� zap • +z 0 0 cc OO Io. a. 0.. N 0 • I. • _1.___...... I. I(.... :•�koi WC* v�-_..._._.. • 04 J. ...L..11..�.. _...,..too ,.._ ..._.,.......4 I.__..... Fes'_..._.._..........._.. 74-3 ogc Dee ot op uI le T [jai Ca - CC 0 ec / i NOLWNIHSVAI T7lbiS1l11 J3U33 fJ%UTuLUtUO3 • fi_ • 12 Lr), e X us Lij se o • CC X Ln D rrt 0 co I cr 0 lq?r) 7. o L. csj • 0.0 0 0 0 o • @a-i -!..,„.,.,_.. LL 1.6 NI2 @ u.).7 :I: 0▪ , ,,,..c ...,-:,..„...1..:A„....„?........ ,__L,.,,,,,#:::,.............,-,- - P114 • cc it 41 CC • • 3 Ili' 0 (. . ,76 12 LC 2 )3 Li"--C; l' --j< :..< :,:; a_ce64t < t....t to % (40 CD 7 f?' 7 41, ) i ii E133 Uri5 cr 4 441 • co a) 253 • w U H w 1 z W W J PANELS DIRECTLY IMPACTED PANEL F SEC I AND SEC II N 2 { I• .<; • i :C71 U- J W Z a_ O 0 • w • t t • R, 4,14.1 W z J R 1 VrII/1/1.)1fiLL _LW n FEEDER SCHEDULE L.7 fr) 2 6 . v v t_ N. - '' r r r c) R°° t- r r :2 r m w o o N N M r 2' N N N IN w ao N3 N N 0 c' 1•] M r` 3 PI Fn T o53 a53 1+l r) N 8 gt# P. n NI- COPPER CONDUCTORS CONDUIT WIRE 1 1/4" 4'— #4, 1#8 G. 1 /2" 4-- #4, 1#8 G. do #8#G. td c3 'Ibe 1k T IT 'Ns I I �t r'7 r r C3 U' e a v lily 1 I es C4 N 2". 4—#1/0,1 #6G. 1 1 /2" 3 — #1 /0, 1 #6 G. L3 �k d qt 9 .- .» v 0 sMs 1 I +M t �F IN d d a .» w Q 0 �f2�rya' I I ti^ 1'7 t' I N ( U t 4 ,,.,. s- 16 1 ' 4 I I At At� 6 f'7 3" 4-250MCM. 1 #4 G. 2 1 /2" 3-250MCM, 1 #4 G. d d 4, I. }r r V 8 1. 1 r '1 .-- !7 N 3-1 /2" 4-350UCM. 1 #1/0 G. • 3." , 3-350MCM, 1 #2 G. d t sig. ry r- r Irf , i+7 C �d o '1Fr 4. r r- H ♦ M7 rr) r5 4" 4--600MCM, 1 #1 /0 G. 3 1 /2" 3--600MCM, 1 #2 G. 4" 4-750MCu, 1 #1 /0 G. 3 1 /2" 3—•75OMCM. 1 #2 G. f Z < d CD m L0] U O O ii l PI LW % 1.4.. fry f 49 CD tO 2 T-5-a 1EE X J 2 2 2 Z to a Q. 4, • • • I ' a' .-v 254 -1. 00 :5L :n -. S661 unr = oMaioSkaaY3lsotaVN k00�Yi'�4.• 2. SCOPE OF WORK - SKETCHES 255 McKINSTRY Co, LLC GENERAL NOTES: N 0 N W ow = 2 oz 0 a _ w� ~• w0 O X Z az CCD m 20 �a Ow UQ a° 20 Z 2z �J WQ as 2z CCc 00 OO wo 10 a LU LU CO N 0 w o_ 0 U N w N co - Nco E N - w�N o UriH 1-cow a I— w X Q o v > O C cnamo Z 0OJ� Uri � o_ - _ 8 o A •S« KEYED NOTES • U0 wH Z2W w JOZ � oop LU wcw0 w_JUCu YwU QW(♦iZ- W02 (./)jU �ZUO DO< co 0w m w2a w •< iZd<U 1-(\!U) WWaIll Z W f H d E H a c2O wom< U — 2 O N Z J U ,305 00 1-Q1- owaUpN �WZZ Nwu)'WJ SOD wZWMW O w� Q Z U_ Z w worIO WM ?aw_ 0_CCU)u c�i)w {141 oJ CV / f�l f4 / C▪ ) / A k CY Le) nJ LCI CONSULTANTS: f< 18'- 0 / / \ i / J 4V-0' 2 M 422 LnycK U a 1_ F- LU O� V -< 1 R 26 6l1 1 1 ,9 - 44„40" 61 o�' �`� 4'-23/4" NthNwommr4NVOrome41NWOONT N 9r Q e1f, •e- x >- co F-- 35`-91j4" \ \� • ▪ • `rJ s. 18'--0" 8' - 0 O w L" / �F Co' 7+.�. Or rJ i ♦ \ \ Sy I_ Q \ \ \ \: - L, � � m \ \ \ \ \ - x •.ry ..w \ \ 1.LJ REGISTRATIO 9'- 53/4" 12'-8" L N\\i7\"\\\\\\\\\\\\\\\�l\"\\\\\l�\Z\``R\\\\\YY\'Walk 1,\\\`C�`. DESCRIPTION 45'- 0" 1 -� 1 \ \ 1 - l Q�� 1 \ 1 'l I s-\ cts LL 11 • • co co co Do 0 z 0 0 0 0 I- (0 < < LLI Z z D < 0 -I LL SHEET NUMBER: • (1) 256 rnk ts, lifts a m C411) 11% cu McKINSTRY Co, LLC (9 Z Y >- U W ❑ Q W C9 M (n H X 0 0 ciLL 0 -coo a❑rx w� ZOO ❑aH U N w > ZH0 (E NIA .,9 (N) CONC ANCHOR (N) CONNECTION DETAIL SCALE: NTS • 0 O a O >- xU ❑ cV 0 O Zm O❑ N CO H aZ❑ (1) _J U 0w 0 CO w Ua U < 0w w Y m w00 ELU - <0 U0OH < O ?U0 0 0 w w Z_ a_ m2 zU NIA „9 / 0 >- (N) #4@18" OC EACH WAY a W c 0) ❑ W W Z ❑ Z as W CCU Z LU d a0W 0] ❑ u_ NOH • 17/ ?IdD9 16 Z 310N `1HJ J_ CO a CC U LU J a mZ wa 0 HO Zw H2 / w0 Z w 2 U' 0 J ❑ J a Z LUm w Z0 1- 2 LI-I L_ • ❑ zW 0 00 0uJ W co- J Z a� (0O0) z UO o X H Z ▪ ww� 0 Z N W W H YO W Z 00_ 2 Z= (E) CONC SLAB v1 CONNECTION DETAIL m SCALE: NTS ❑ SECTION A PARTIAL PLAN • • AIR SEPERATOR SUPPORT DETAIL TYPICAL HOUSEKEEPING PAD DETAIL SCALE: NTS SCALE: NTS CONSULTANTS: ❑ d W Z a O O U (i) (9 Z O O • z O H- 2 Z w 0 a i= 2 O d ❑ 5 6 W 2 W.<aO 2❑Hz H = _ ❑ aU0❑ ❑ WZ❑ a2�a (OHX, Z�LL1w W 00w Z Y0< WH2Z 000Q �0ZW 0_w in Lu 0 D II Li WcC OHW 0d�=v) Z - J cj c 0) 11.2 0 112 CO U) O N GENERAL NOTES: N O LLI oCC eM W Q O 0= H � w cnO Z 2O CDC Q2 UO ZLL. Q =Z w< 2Z O� O wo �< w� .O LL 2 0 w H • O E <0 0 a Z2 Qa 0 O co =0 H Z w� c D� N 0 REGISTRATIO DESCRIPTION ca ca o 0 w 0 o ❑z co- 2 0 o 0 0 O) SHEET TITLE: SHEET NUMBER: ■ 257 2. SCOPE OF WORK - CUTSHEETS 0 0 I0 W U W LL CI I Oo S G O O U LL 258 FCB-Sub-01 Submittal Sheet a) F 0 U 0 0 cu v U C EC C 0 U E f6 Y Z 3 o H Equipment Tag(s): Agent/Wholesaler: 0 C C JOB NOTES: O a W U, *CULTS z r I V = H Va G a` \ al d 5 O CO OS 0= CO _ C 0 E O N CO O N N ^ 4 IV. ^ � 1� O. CO CO CO4 CO ^ ^ N CV N M Q Q a. aft N aft N N O aft M N � CO CO N aft T .O aft CO0, 1� ^ N N M M a i .O b m m a O N Q Q m co co o ^ cOn c v v 4 v CV CV ^ C'V CV CV CVM 0 .p an an I.:.a a aft aft .. .O n M \ \ 0 a! O O O N N N M 11-1/4" 36-1/2" 35" M M 14-3/4" 43-1/4" 29-3/4" M \ \ \ M \ N M N 1� ^ O. W .O LAY Q CO Let M N 12-1/2" 62-1/4" 57-1/4" CV.....-. M \ \ CT CT 4 4, 4, 1-- ^ O. CT CT N N N N N \ \ \ M M ^ ^ ^ O O O O O m\n M c\n \ \ \ \ \ t. C. M M \ \ M M N N cn ay cn Zn v \ MM\ \ \M M .O MM M M M .a.O O .O .O .O.O .O CV t \ M M a cr.— a M \ ^ ^ ^ ^ O. at 0% vl .O n 1\ CT CT O^ M O O M 6 to N N CT 0. CT CO e 0. M a CT M C. M .C) M Q "CraA M 10 10 O O O p O. CT CT O. . a a a a afl N 10 n N co O Q ^ N O O ft aM ^ ^ N N C. M M O Cy, On %0 Cr CVO co Q O O. ' CT Q m m m N N c+i CT • n p aft aft O O O O O CV CV CV CV CV CV CVN 0, O 0, O O 0` C' O 0% 0 0, 0 O O. O. O 0% aft 0% aft O CT 0. O ^ ^ N M M Q .p an O O O O aOft .O OOD ^ ^ N 61'f O CVM OOm OOOOOO O aftO aft 0 mm m m m m m W N co co 0) d 2. SCOPE OF WORK - CUTSHEETS CREST 2 !7,JEJHAT.. CONDENSING BOILER Codes & Registrations ANSI Z21.13/CSA Certified ASME Certified, "H" Stamp / National Board California Code Compliant Canadian Registration Number (CRN) Standard Features > Hellcat Combustion Technology featuring RealTime 02 TrimTM > Proof of Closure Valve (FCB 6000) > Modulating Burner with up to 25:1 Turndown > Direct -Spark Ignition > Low NOx Operation > Sealed Combustion > Air Inlet Filter > Low Gas Pressure Operation > Vertical and Horizontal Direct Venting > Direct Vent up to 15o Feet > PVC, CPVC, Polypro orAL29-4C (FCB 1000-4000) > AL29-4C (FCB 1000-6000) ASME "H" Stamped Heat Exchanger 316L Stainless Steel Fire Tubes > 160 psi Working Pressure > On/Off Switch > Interior Service Light > Adjustable High Limit with Manual Reset > Low Water Cutoff with Manual Reset & Test > High & Low Gas Pressure Switches w/Manual Reset > Low Air Pressure Switches indicate Blocked Vent/Air > Condensate Trap w/Blocked Drain Switch > Drain Valve > System Sensor > Outdoor Air Sensor > Inlet & Outlet Temperature Sensors > High -Voltage Terminal Strip > Low -Voltage Terminal Strip > Downstream Gas Test Cocks > 50 psi ASME Relief Valve > Temperature & Pressure Gauge > Zero Clearances to Combustible Materials > See Warranty for Details > 10-Year Limited Warranty > 5-Year Warranty on Burner > 18-Month Warranty on Parts > Lifetime Thermal Shock *Lochinvar HIGH EFFICIENCY BOILERS & WATER HEATERS CSD1 / Factory Mutual / GE Gap Compliant South Coast Air Quality Management District Qualified (FB 1000-2000) AHRI Certified Smart Touch"' Features ENERGY STAR FCB1000-2000 AMR/ CERTIFIED_ usio► > CON-X•US Remote Connect > SMART TOUCH Touchscreen Operating Control > Full -Color 10" Capacitive Touchscreen LCD Display > Built-in Cascading Sequencer for up to 8 Boilers > Built-in Redundancy > Cascade Multiple Sized Boilers >Lead/Lag Cascade > Efficiency Optimized Cascade > Front -End Loading Capability with Copper -Fin II° and Power -Fin® Boilers > Building Management System Integration with 0-10 VDC Input > BACnet MSTP Communications > Outdoor Reset Control with Outdoor Air Sensor > Password Security > Domestic Hot Water Prioritization > DHW tank piped with priority in the boiler loop > DHW tank piped as a zone in the system with the pumps controlled by the Smart Touch > DHW Modulation Limiting > Separately Adjustable SH/DHW Switching Times > Low Water Flow Safety Control & Indication > Inlet & Outlet Temperature Readout > Freeze Protection > Service Reminder > Time Clock > Data Logging > Hours Running, Modulation Rate > Ignition Attempts > Last io Lockouts with Burner State > Recycling Reporting > Programmable System Efficiency Optimizers > Night Setback >Anti -Cycling > Outdoor Air Reset Curve > Ramp Delay > Boost Temperature &Time > Modulation Factor Control > Pump Control Board (24V) with LED Indicators > System Pump, Boiler Pump, DHW Pump, DHW Recirculation Pump (future) and Bypass Pump (future) Lochinvar, LLC 300 Maddox Simpson Parkway Lebanon, Tennessee 37090 P: 615.889.8900 / F: 615.547.1000 111210 Lochinvar.com > High -Voltage Terminal Strip > 120V/1PH/60Hz Power Supply (FCB 1000-2000) > 208V/3PH/60Hz Power Supply (FCB 2500-3000) > 480V/3PH/60Hz Power Supply (FCB 4000-6000) > Low -Voltage Terminal Strip > 24 VAC Auxiliary Device Relay > Auxiliary Proving Switch Contacts > Alarm on Any Failure Contacts > Runtime Contacts > DHW Thermostat Contacts > Unit Enable/Disable (Demand) Contacts >System Sensor Input > DHW Tank Sensor Contacts > Outdoor Air Sensor Contacts > Cascade Contacts > 0-10 VDC BMS External Control Contact > 0-10 VDC Variable Speed Boiler Pump Control Contact > 0-10 VDC System Pump Speed Input Contact > Flow Switch / Low Water Cutoff Contact Optional Equipment ['Alarm on Any Failure ASME Relief Valve Option: 75 psi ❑ 100 psi ❑ 125 psi ❑ 150 psi j] ❑ BMS Gateway - BACnet IP or LonWorks ['Condensate Neutralization Kit ['Common Vent Damper Kits ❑ Modbus Communication ❑ Motorized Isolation Valve ['Variable Speed Boiler Pump ['Wireless Outdoor Temperature Sensor Electrical Transformer Options (Shipped Loose) > FCB 1000-2000: O 208V/3PH/60Hz -' 120V/1PH/60Hz O 48oV/3PH/60Hz - 120V/1PH/60Hz O 600V/3PH/60Hz - 120V/1PH/60Hz > FCB 2500-3000: ❑ 480V/3PH/60Hz 208V/3PH/60Hz O 600V/3PH/60Hz - 208V/3PH/60Hz > FCB 4000-6000: 0208V/3PH/60Hz -s 480V/3PH/60Hz ❑600V/3PH/60Hz - 480V/3PH/60Hz 06/21—NPitcOn U.S.A. 259 2. SCOPE OF WORK - CUTSHEETS -Lachuiyar, ` CREST BOILER with HELLCAT COMBUSTION TECHNOLOGY PRODUCT SUMMARY [FCR11,000A00 - 6,000A00 RTU/HR FCB1000 FCB1500 FCB2000 FCB2500 FCB3000 FCB4000 FCB5000 FCB6000 WATER GALLON CAPACITY 77 94 111 157 156 201 254 304 HEATING SURFACE (SQ. FT.) 115 162 198 241 265 352 452 563 INLET WATER CONNECTION 3" Flanged 4" Flanged 4" Flanged 4" Flanged 4" Flanged 4" Flanged 6" Flanged 6" Flanged OUTLET WATER CONNECTION 3" Flanged 4" Flanged 4" Flanged 4" Flanged 4" Flanged 4" Flanged 6" Flanged 6" Flanged DRAIN 1 1/2 1 1/2 1 1/2 1 1/2 1 1/2 1 1/2 1 1/2 1 1/2 MAXIMUM FLOW RATE (GPM) 350 350 350 350 350 350 600 600 ABSOLUTE MINIMUM FLOW RATE (GPM) 18 25 25 25 25 45 50 60 20°F AT WATER FLOW (GPM) 96 144 192 240 288 3501- 480 576 HEAD LOSS (FT. OF HD.) 8.3 12.3 14.5 8.4 8.0 10.9 13.9 17.2 40°F AT WATER FLOW (GPM) 48 72 96 120 144 192 240 288 HEAD LOSS (FT. OF HD.) 6.0 7.3 8.1 5.3 4.0 5.9 7.6 9.4 MAX. WORKING PRESSURE (PSI) 160 160 160 160 160 160 160 160 # OF RELIEF VALVES 1 1 1 1 1 1 1 1 RELIEF VALVE SIZE 1 1/4 1 1 1/2 1 1/2 1 1/2 2 2 2 1/2 RELIEF VALVE RATING (MBH) 1,954 1,954 1,954 3,075 3,075 4,237 5,575 7,672 RELIEF VALVE PRESSURE RATING (PSI) 50 50 50 50 50 50 50 50 GAS BTU/HR INPUT 999,000 1,500,000 1,999,000 2,500,000 3,000,000 3,999,000 4,999,000 6,000,000 BTU/HR OUTPUT (HIGH FIRE) 961,000 1,443,000 1,923,000 2,400,000 2,883,000 3,843,000 4,804,000 5,766,000 BTU/HR OUTPUT (LOW FIRE) 48,100 57,720 76,920 120,000 144,150 192,150 240,200 288,300 HORSE POWER (INPUT) 30 45 60 75 90 119 149 179 INLET CONNECTION 1 11/2 2 2 2 21/2 21/2 3 MAX. INLET PRESSURE, NAT 14" w.c 14" w.c 14" w.c 14" w.c. 14" w.c. 14" w.c. 14" w.c. 14" w.c. MIN. INLET PRESSURE, NAT 4" w.c. 4" w.c. 4" w.c. 4" w.c. 4" w.c. 4" w.c. 4" w.c. 4" w.c. MAX. INLET PRESSURE, LP 14" w.c 14" w.c 14" w.c 14" w.c. 14" w.c. 14" w.c. 14" w.c. 14" w.c. MIN. INLET PRESSURE, LP 8" w.c. 8" w.c. 8" w.c. 8" w.c. 8" w.c. 8" w.c. 8" w.c. 8" w.c. ELECTRICAL * VOLTAGE/HEATER (VAC) 120V/1PH/60Hz 120V/1PH/60Hz 120V/1PH/60Hz 208V/3PH/60Hz 208V/3PH/60Hz 480V/3PH/60Hz 480V/3PH/60Hz 480V/3PH/60Hz VOLTAGE/CONTROL (VAC) 24 24 24 24 24 24 24 24 TOTAL AMPS (FLA) 6.0 10.0 13.0 4.5 6.5 6.0 5.0 7.0 MINIMUM CIRCUIT AMPS (MCA) 7.5 12.5 16.3 5.6 8.1 7.5 6.3 8.8 # OF ELECTRICAL CONNECTIONS 1 1 1 1 1 1 1 1 DIMENSIONS HEIGHT 78 78 78 773/4 773/4 78 78 78 WIDTH 30 30 30 35 35 431/4 461/2 50 DEPTH 571/2 64 641/4 791/4 791/4 951/4 961/2 1023/4 SHIPPING WEIGHT (lbs.) 1,721 1,985 2,120 2,812 2,848 3,874 4,470 4,862 OPERATING WEIGHT (lbs.) 1,939 2,345 2,622 3,555 3,582 4,882 5,920 6,755 SERVICE CLEARANCES (RECOMMENDED) FRONT 30 30 30 30 30 30 30 30 REAR 24 24 24 24 24 24 24 24 RIGHT SIDE 24 24 24 24 24 24 24 24 LEFT SIDE 24 24 24 24 24 24 24 24 TOP 24 24 24 24 24 24 24 24 DIRECT VENTING VENT SIZE 6 8 8 9 10 12 14 14 AIR INLET SIZE 6 8 8 8 10 12 14 14 VENT CATEGORY II or IV II or IV II or IV II or IV II or IV II or IV II or IV II or IV VENT MATERIAL SS, CPVC, PVC, Polypro SS, CPVC, PVC, Polypro SS, CPVC, PVC, Polypro SS, CPVC, PVC, Polypro SS, CPVC, PVC, Polypro SS, CPVC, PVC, Polypro Stainless Steel Stainless Steel * Electrical - For alternate voltages and amp draws, please consult the factory or the installation and operation manual. t Data based on 22°F delta T Unless otherwise specified dimensions are in inches. Lochinvar LLC • 300 Maddox Simpson Pkwy • Lebanon, TN 37090.615-889-8900 / F www.Lochinvar.com FCB-PS-01 (Initial Release) 615-547-1000 06/21-Printed in U.S.A. 260 Page 30 2. SCOPE OF WORK - CUTSHEETS CREST Installation & Operation Manual Ratings C:4-Rsia rlf 0 H 14.1-551 CERTIFIED` Crest ° °""'" ' ' AHRI Rating Model Number Note: Change "N" to "L" for L.P. gas models. Input MBH (Notes 4 - 6) Gross Output MBH (Note 1) Net AHRI Ratings Water, MBH (Note 2) Min Max FCB1000(N,L) 50 999 961 834 FCB1500(N,L) 60 1500 1443 1252 FCB2000(N,L) 80 1999 1923 1699 FCB2500(N,L) 125 2500 2400 2087 FCB3000(N,L) 150 3000 2883 2507 FCB4000(N,L) 200 3999 3843 3342 FCB5000(N,L) 250 4999 4804 4177 FCB6000(N,L) 300 6000 5766 5014 NOTICE DOE ENERGY STAR Other Specifications Appliance Water Content Gallons Pipe Size Outlet Pipe Size Inlet Gas Inlet Size Air Size Vent Size (Note 3) Weight w/Water (Ibs.) 77 3" 3" 1 1/4" 6" 6" 1838 94 4" 4" 1 1/2" 8" 8" 2307 111 4" 4" 1 1/2" 8" 8" 2570 157 4" 4" 2" 8" 9" 3600 156 4" 4" 2" 10" 10" 3900 201 4" 4" 2 1/2" 12" 12" 5200 254 6" 6" 2 1/2" 14" 14" 5900 304 6" 6" 3" 14" 14" 6900 Maximum allowed working pressure is located on the rating plate. Notes: 1. The ratings are based on standard test procedures prescribed by the United States Department of Energy. 2. Net AHRI ratings are based on net installed radiation of sufficient quantity for the requirements of the building and nothing need be added for normal piping and pickup. Ratings are based on a piping and pickup allowance of 1.15. 3. Crest boilers require special gas venting. Use only the vent materials and methods specified in the Crest Installation and Operation Manual. 4. Standard Crest boilers are equipped to operate from sea level to 4,500 feet only. The boiler will de -rate by 1.4% for each 1,000 feet above sea level up to 4,500 feet. For United States installations above 2000 feet elevation, reference NFPA 54 for derate information. Derate values are based on proper combustion calibration and Co2's adjusted to the recommended levels. 6 Page 31 261 2. SCOPE OF WORK - CUTSHEETS CREST CONOENEINO BOILER Installation & Operation Manual 6 Gas connections (continued) Table 6B Natural Gas Pipe Size Chart TABLE - 6B Capacity of Schedule 40 Metallic Pipe in Cubic Feet of Natural Gas Per Hour (based on .60 specific gravity, 0.30" w.c. pressure drop) Pipe Size (Inches) Length of Pipe in Straight Feet 10 20 30 40 50 60 70 80 90 100 125 150 175 200 1/2 131 90 72 62 55 N/A N/A N/A N/A N/A N/A N/A N/A N/A 3/4 273 188 151 129 114 104 95 89 83 79 70 63 58 N/A 1 514 353 284 243 215 195 179 167 157 148 131 119 109 102 1 1/4 1,060 726 583 499 442 400 368 343 322 304 269 244 224 209 11/2 1,580 1,090 873 747 662 600 552 514 482 455 403 366 336 313 2 3,050 2,090 1,680 1,440 1,280 1,160 1,060 989 928 877 777 704 648 602 21/2 4,860 3,340 2,680 2,290 2,030 1,840 1,690 1,580 1,480 1,400 1,240 1,120 1,030 960 3 8,580 5,900 4,740 4,050 3,590 3,260 3,000 2,790 2,610 2,470 2,190 1,980 1,820 1,700 4 17,500 12,000 9,660 8,270 7,330 6,640 6,110 5,680 5,330 5,040 4,460 4,050 3,720 3,460 Check inlet gas supply QWARNIN DO NOT adjust or attempt to measure gas valve outlet pressure. Attempting to alter or measure the gas valve outlet pressure could result in damage to the valve, causing potential severe personal injury, death, or substantial property damage. The gas piping must be sized for the proper flow and length of pipe, to avoid excessive pressure drop. Both the gas meter and the gas regulator must be properly sized for the total gas load. Perform the steps below when checking inlet gas supply: 1. Turn the main power switch to the "OFF" position. 2. Shut off gas supply at the manual gas valve in the gas piping to the appliance. 3. Remove the 1/8" pipe plug on the flange to the factory supplied gas shutoff valve and install a suitable 1/8" fitting (field supplied) for the manometer tubing. Place the tubing of the manometer over the tap once the 1/8" fitting is installed as shown in FIG. 6-4. 4. Slowly turn on the gas supply at the factory installed manual gas valve. 5. Turn the power switch to the "ON" position. 6. Adjust the temperature set point on the control panel of the SMART TOUCH control module to call for heat or utilize Service Mode, see page 52 of this manual. 7. Observe the gas pressure with the burner operating at 100% of rated input. Without turning off the boiler, reduce the burner to the minimum input rate and observe the gas pressure with the burner at the minimum input rate. Percent of burner input will be displayed on the Modulation Screen. 8. Ensure inlet pressure is within specified range. Minimum and maximum gas supply pressures specified in this section of the manual. 9. If gas supply pressure is within normal range and no adjustments are needed, proceed on to Step 11. 10. If the gas pressure is out of range, contact the gas utility, gas supplier, qualified installer or service agency to determine the necessary steps to provide proper gas pressure to the control. Turn the power switch to the "OFF" position. 11. are 12. Shut off the gas supply at the manual gas valve in the gas piping to the appliance. 13. Remove the manometer from the pressure tap on top of the gas valve. Remove the 1/8" (3 mm) field supplied fitting and reinstall the pipe plug removed in Step 3. 262 2. SCOPE OF WORK - CUTSHEETS CREST CONOENBINB BOILER Installation & Operation Manual 5 Hydronic piping (continued) Table 5A Sizing Information for Temperature Rise Applications 20°F, 40°F and 60°F TEMPERATURE RISE APPLICATIONS Model BOILER CONNECTION SIZE 20°F 40°F 60°F GPM FT/HD GPM FT/HD GPM FT/HD FCB1000 3" 96 8.3 48 6.0 32 5.5 FCB1500 4" 144 12.3 72 7.3 48 5.8 FCB2000 4" 192 14.5 96 8.1 64 6.6 [FCB 1000 - 2000 models are based on 96% AHRI Efficiency] FCB2500 4" 240 8.4 120 5.3 80 4.8 FCB3000 4" 288 8.0 144 4.0 96 3.3 FCB4000 4" 350* 10.9 192 5.9 128 4.4 FCB5000 6" 480 13.9 240 160 -, FCB6000 6" 576 17.2 288 9.4 192 6.8 [Models FCB 2500 - 3000, and 6000 based on 96% AHRI Efficiency and Models FCB 4000 - 5000 based on 96% Efficiency *Flow is based on 22°F AT. NOTICE The pressure drop reflected in FIG. 5-1 is for the boiler only. Additional allowances must be made for piping, especially if sizing pumps for Primary/Secondary applications. NOTICE It is required that boiler piping systems utilize Primary/Secondary or Fixed or Variable Flow Primary configurations as shown in FIG.'s 5-2 thru 5-5. The use of other boiler piping configurations could result in improper building and system flow rates leading to inadvertent boiler high limit shutdowns and poor system performance. 2. SCOPE OF WORK - CUTSHEETS CREST CONOENEINO BOILER Installation & Operation Manual 5 Hydronic piping Near boiler piping components 1. Boiler piping: Boiler system piping should be sized per the pipe requirements listed in Tables 5A and 5C. 2. Boiler circulating pump: Field supplied. When using Primary/Secondary piping the boiler circulating pump should be sized per Table 5A. 3. Hot Water Generator circulating pump: Field supplied. When installed in a Primary/Secondary arrangement, the Crest requires an additional pump for the Hot Water Generator Loop. The pump should be sized per Table 5A. Consult the indirect water heater operating guide to determine flow characteristics for the selected product used. The pump's total flow and heat requirements are the sum of the boiler and the indirect water heater. 4. Boiler isolation valves: Field supplied. Full port valves are required. Failure to use full port valves could result in a restricted flow rate through the boiler. 5. Check valves: Field supplied. Check valves are required for installation as shown in FIG.'s 5-2 and 5-3. Failure to install check valves could result in a reverse flow condition during pump(s) off cycle. 6. Domestic indirect hot water isolation valves: Field supplied. Full port valves are required. Failure to use full port valves could result in a restricted flow rate through the boiler. 7. Anti -scald mixing valve: Field supplied. An anti -scald mixing valve is recommended when storing domestic hot water above 115°F (46°C). 8. Pressure relief valve: Factory supplied. The pressure relief valve is sized to ASME specifications. 9. System temperature sensor: Lochinvar supplies a system temperature sensor The sensor is to be installed in the heating loop downstream from the boiler hot water piping and heating loop junction. The sensor should be located far enough downstream to sense system diluted water temperature. 10. Water Meter: Field supplied. A water meter to monitor makeup water is recommended. Makeup water volume should not exceed 5% of total system per year. A system supply sensor (factory supplied) MUST BE installed with Primary/Secondary systems for proper boiler operation. NOTICE 11. Y-Strainer: Field supplied. Install a Y-strainer or equivalent multi- purpose strainer just before the boiler pump at the inlet of the heat exchanger. This item is used to remove system debris from older hydronic systems and to protect newer systems. Q CAUTION LNOTICE The maximum allowable water flow rate through a single Crest boiler is 350 GPM for the 1000 - 4000 models and up to 600 GPM for the 5000 - 6000 models. Exceeding this flow rate will result in damage to the heat exchanger and/or piping. Reference Table 5B1 for the minimum recommended flow rate through a single Crest boiler at full fire to maintain a 80°F temperature rise. Reference Table 5B2 for the absolute minimum flow rate through a single Crest boiler. Table 5B1 Minimum Flow Rate with the Boiler at Full Fire TEMPERATURE RISE APPLICATIONS MODEL FLOW RATE (GPM) FCB(N,L)1000 24 FCB(N,L)1500 36 FCB(N,L)2000 48 FCB(N,L)2500 60 FCB(N,L)3000 72 FCB(N,L)4000 96 FCB(N,L)5000 120 FCB(N,L)6000 144 [Based on 80°F Temperature Rise] Table 5B2 Absolute Minimum Flow Rate ABSOLUTE MINIMUM FLOW RATE MODEL FLOW RATE (GPM) FCB(N,L)1000 18 FCB(N,L)1500 25 FCB(N,L)2000 25 FCB(N,L)2500 25 FCB(N,L)3000 25 FCB(N,L)4000 45 FCB(N,L)5000 50 FCB(N,L)6000 60 26432 Page 34 2. SCOPE OF WORK - CUTSHEETS CI-ccST Installation & Operation Manual 2 General venting Table 2B Direct Vent Minimum / Maximum Allowable Air / Vent Lengths Model AIR INLET VENT Input De -Rate per 25 feet of Vent Air Intake Diameter Air Intake Min. Length Air Intake Max. Length Vent Diameter Vent Min. Length Vent Max. Length 1000 6" 12' 150' 6" 18' 150' 0% 1500 8" 12' 150' 8" 18' 150' 0% 2000 8" 12' 150' 8" 18' 150' 0% 2500 8" 12' 150' 9" 18' 150' 0% 2500* 8" 12' 150 10" 18' 150 0% 3000 10" 12' 150' 10" 18' 150' 0% 4000 12" 12' 150' 12" 18' 150' 0% 5000/6000 14" 12' 150' 14" 18' 150' 0% Table 2C Room Air Minimum / Maximum Allowable Air / Vent Lengths Model Vent Diameter Vent Min. Length Vent Max. Length Input De -Rate per 25 feet of Vent 1000 6" 18' 150' 0% 1500* 6" 18' 150' 0% 1500 8" 18' 150' 0% 2000 8" 18' 150' 0% 2500 9" 18' 150' 0% 2500* 10" 18' 150' 0% 3000 10" 18' 150' 0% 4000 12" 18' 150' 0% 5000/6000 14" 18' 150' 0% 18 Page 35 265 2. SCOPE OF WORK - CUTSHEETS CREST CONVENSING BOILER Installation & Operation Manual 2 General venting Common venting Crest boilers may be common vented; however, the following criteria MUST BE followed: 1. Only Crest boilers may be connected to common flue applications. DO NOT mix other manufacturer's appliances or other Lochinvar models. Common air intake is not allowed. 2. Crest boilers connected to the common vent must all be of the same size. 3. Each Crest boiler must have a Lochinvar supplied flue damper installed (see Table 2D). 4. A condensate drain must be installed above the flue damper. 5. Only vertical direct vent, positive pressure, Category IV or vertical/chimney vent, negative pressure may be used when common venting Crest boilers. Sidewall venting is not allowed. 6. Crest boilers in a common vent must be connected and controlled with the integral Crest SMART TOUCH Cascade. a. The Leader may be controlled through the Crest SMART TOUCH control through BMS (external 0 - 10V signal), ModBus or its own internally calculated set point. b. The Cascade (Members) must be controlled by the Crest Leader boiler using the Lead/Lag Cascade option. For approved common vent sizing, contact the factory. When Crest boilers are common vented, the criteria above MUST BE followed. Failure to follow all these requirements will result in severe personal injury, death, or substantial property damage. When Crest boilers are common vented, hot water generators MUST BE piped to the primary heating loop and tank thermostats must not be connected to the Crest. /\WARNING NOTICE NOTICE NOTICE 26620- A field supplied inline condensate collection section MUST BE installed directly above the backflow preventer. When using polypropylene common vent on Models 1000 - 4000, a field supplied polypropylene to stainless steel adapter MUST BE installed between the backflow preventer and the unit connection. Table 2D Flue Damper Kits Flue Damper Kits Model Damper Size Kit Number FCB1000 6" 100056142 FCB1500 8" 100141561 FCB2000 8" 100141561 FCB2500 9" 100141562 FCB3000 10" 100141563 FCB3500 10" 100141563 FCB4000 12" 100141564 FCB5000/6000 14" 100141565 PVC/CPVC (Models 1000 - 4000 only) This product has been approved for use with the PVC/CPVC vent materials listed in Table 2E on page 21. Factory installed vent connections are sized for stainless steel venting. Installing vent and air piping NOTICE /\ WARNING NOTICE NOTICE AWARNINI NOTICE The vent connection to the appliance must be made with a minimum of 10 equivalent feet of CPVC pipe (field provided). The field provided vent fittings must be cemented to the CPVC pipe section using an "All Purpose Cement" suitable for PVC and CPVC pipe. Use only the vent materials, primer, and cement specified in Table 2E to make the vent connections. Failure to follow this warning could result in fire, personal injury, or death. Use only cleaners, primers, and solvents that are approved for the materials which are joined together. All PVC vent pipes must be glued, properly supported, and the exhaust must be pitched a minimum of a 1/4 inch per foot back to the boiler (to allow drainage of condensate). Insulation should not be used on PVC or CPVC venting materials. The use of insulation will cause increased vent wall temperatures, which could result in vent pipe failure. CPVC vent or stainless steel pipe and vent fittings must be used in closet and alcove installations. Page 36 2. SCOPE OF WORK - CUTSHEETS CSD-1 Boiler Shut Down Mushroom Head Switch (provided by others) Push -Pull or Twist to release, Mounted at each Exit Door(s) 1 NC Contact per boiler required Additional contacts are limited to switch capacity Lochinvar HELLCAT X19 Auxiliary Limit Boiler 1 2 Low Voltage conn Auxiliary 1 Limit X19 Auxiliary Limit (Typical 2 Boiler, 1 Door) Boiler 2 2 Low Voltage conn Auxiliary 1 Limit Door 1 Door 2 TG X19 Auxiliary Limit Boiler 1 2 Low Voltage conn Auxiliary 1 Limit X19 Auxiliary Limit (Typical 2 Boiler, 2 Doors) TCHC Contractor/Project: Lochinvar Hellcat CSD-1 E-STOP Sales Rep. REV. Boiler 2 2 Low Voltage conn Auxiliary 1 Limit Wiring is low voltage (24VAC) If more than two doors add switch in series like the 2 door typical Each boiler requires its own NC contact T0-0 Date: 1/14/22 CHCJob# Drawn by:5M7 Page 37 267 2. SCOPE OF WORK - CUTSHEETS CREST CONDENSIN4 BOILER Installation & Operation Manual 10 Operating information (continued) gf.T Ei UCH TM The Home Screen displays the available basic system information divided into the following sections: Status, Demand, Modulation, Sensors, and Navigation. Figure 10-1 Home Screen HOME VIEW SETUP INFORMATION SETTINGS • O 0 Service Active BIAS Q Active Q Inagba LI • Modulation • Intel Fan Speed Actual Fan Spas! Tippet Boiler Out door Ar Nw sya+en+suooly 76° 13° 89° Inlet Water OeRi T Quake water 9.8pA 13.1,A CIl n 3' Flame l FI.m•2 Premix 3.6'I Erb Win 0. ao 3692 RPM 1375 RPM *Meelurn 78° File The Status Section is located on the top left of the screen and displays how the unit is currently running (i.e. Off, Stand-by, Blocking, and Lockout) including: current driving demand, the next Hot Water Setback scheduled, the reason for any blocking or lockout, and a power button. The Demand Section is located on the bottom left of the screen and displays information about the targets and limits of the current demand being serviced. The Modulation Section is located on the top right of the screen and displays the target modulation of the unit. This section also includes target and actual fan speeds. The Sensor Section is located on the bottom right of the screen and displays both factory installed and field installed sensor including: Outdoor Air, Hot Water Temperature, System Supply, System Return, Inlet Water, Delta T, Outlet Water, Flue Temperature, and Flame Current. • The Navigation Section is located down the left side of the screen. There are five (5) sections located below the Lochinvar icon: Home, View, Setup, Information (About), and Settings. The Home Section is the screen shown above. The View Section provides more detailed information including subsections for: History, Cascade, Graphing, and a complete list of current Sensor Values. The Setup Section has several screens to aid in setting up the appliance. The Setup Section includes screens for adjusting: Set Points, Pump Settings, Cascade, BMS, Ramp Delay, and Night Setback. The Information Section provides information about the hardware and software including the current software version of the interface, the version of the boiler control, and the CON•X•US device serial number. The Setting Section enables several interface setup features including: Time Setup, Temperature Unit Select, Loch'n Link, System Update, and WiFi Setup. 268 "I9t — 2. SCOPE OF WORK — CUTSHEETS CREST CONOENSINO BOILER Installation & Operation Manual 7 Field wiring Figure 7-3 Low Voltage Field Wiring Connections OUTDOOR Outdoor 1 ■im SENSOR / A Madbus Sensor 2 r=T STORAGE 2 B i /BACnet SHIELD 1 Gnd Tankr 4 •i� TANK SenSys 5 a_: TO NEXT . X5 BOILER B 6 B Supply Sensor 6 ■!® SYSTEM SUPPLY SENSOR Cascade A 5 0 1 Sys Return 7 _ •!® SYSTEM, RETURN SENSOR SHIELD 4 E d B 3 Sensor8 9 10 A 2 Cascade rFROM \\SHIELD 1 (id 1 11 / PREVIOUS X14 12 I BMSI BOILER 6 Verde BMS 5 A 2 ) BMS INPUT b t 4 Gnd Unused 0-lOV 14 II Sys Pump I. 15 El �99990 900 / B Cascade 0-10V 11. 16 IaI X1 SYSTEM PUMP LOW VOLTAGE FIELD CONNECTIONS )24vac Max Voltage) •• 2 EMI, Unused X13 X9 Rate Out + 1 0-10V - 2 RATE OUTPUT EXTERNAL BOILER ENABLE INPUT 13 Enable 1 Blr Pump + 3 El 0-Sov - 4 H 1 BOILER PUMP la III 10 2 FLOW SWITCH 9 3 4 LOUVER RELAY (24vac Col) Louver Z:11 Proving $ 7 !■ 6 Fbw 5 Switch Runtime 7 ' RUNTIME OUTPUT (RN Contacts 8 2 Alarm 9 ALARM OUTPUT ALARM Tank I. 1 Thermostat Contacts) 30 11 STORAGE TANK X7 12 LOW WATER --- Y coTANK THERMOSTAT 13 X8 X18 Flow iw/ 1 CUTOFF SWITCH — EXTERNAL IJ EXTERNAL LIMIT SWITCH ,• AUX FLOW/LWCO ^ AUXILLIARY 4 Auxiliary LWCO 2 AUX LIMIT)I� L 24vac OUTPUT LIMIT DEVICE,3 Limt 2 Auxiliary 1 N COURTESY OUTPUT IIIL511�1 'i• OVA MAX) � 1 Limt Figure 7-4 Pump Relay Outputs FIELD SUPPLIED RELAYS — 24VAC/5VA COILS (25VA MAX) 44 Page 39 269 2. SCOPE OF WORK - CUTSHEETS CREST <ONDEN,IN, BOILER Installation & Operation Manual rsi 12 Diagrams Figure 12-1 Ladder Diagram_ 000 - 2000 Models GnL A WARNING dliv z TTTTTTT w 9999 x' C.50 J GE —A. tl a 3x LI Figure 12-2 Wiring Diagram_ 1000 - 2000 Models 080V-30 ITT P LII. LII2 LII3 GND A A A h aaaaa ;;; aaa4a aaaaa 71t— °9°99° ii ;a; Flvmeser�sez 0 yc c 270 ore— 2. SCOPE OF WORK - CUTSHEETS Crest HellCat 1000-2000 w Z J z CO O 0 — LD 0 Z N T u N j U 7 m ¢ 7 m ¢ 0 O. en CC o = Z.' a O.m Q. m N 00. cc 0 o.0 < o O d N d i 1O 14 Enable 1 13 • Flow Switch JLouver • Proving Tank • Thermostat TI1 ,414.II°' HH Outdoor L Sensor r m e O 1 1 `° w m a cn ti --1 1 . Tank Sensor Sys Supply Sensor Sys Return Sensor + . + n m o N o X + 'Al- m II m ll.o n I o, m 11 o ti u LL Louver Relay Runtime (Dry Contact) ALARM (Dry Contacts) O ^L W -o co a) J Crest HellCat 1000-2000 W 0 Z w Z Z C7 a) 0 Z Ux LO e m v � N N J V 7 m ¢ v w N j 7 14 Enable 1 13 Flow Switch Louver Proving Tank • Thermostat 7I;2Hoo11—II—IH a. 0 Z �OJ Outdoor Sensor Z ml v• m n m m ,y .a. N .1O-i Tank Sensor Sys Supply Sensor Sys Return Sensor P in ma + 1 D-10V TI 8 ti X m + I N M I I V V I I I t D n I W m O, i L J Louver Relay Runtime \ (Dry Contact) \'j� ALARM \"I (Dry Contacts) \'jl N CSD-1 E-STOP multiple door example CO CA/13.5MOCP; FCB1500 10A/12.5MCA/22.5MOCP; FCB2000 13A/16.3MCA/29.25MOCP. a) c 0a N Y N. E O .X ar > w u N L CO " N 7 7 W Q O v i U,.- O ti fl Y E = = a a U U O O L 0 .a U 3 o O. E Y N 7 U CO a fo .2v c c o c " ro •C -a -a a) C '^ C 7 N 'F3 -O C Y aJ E C CO no a) E C '? O L a 1E. a Y 3 CO C s w- a) u N p_i To a N C 0) -p o co H a) a a o COJ .0 E M 7 O c Q O 7 -s L C v a7 a, v E c i ITo T) u C . O •• F O 0 io Vi To C C E M m E _>. 7 J a Q C a N D 7 ti aL C 2 E 0 co ti > > a M C a C E O Y 0 , L ° u 3 C N 7 O h ap > w v O ro N Z ar 4 lD _ N u c v — �.0 Cl) - W o Q.0 a a o m c NN a CO COv C w c a O N tri a E o 0 i 7 M a O V a S 7 a O N w 2 CO . C` .- Q i• u ° ui >� ° LO 7 au C U V0i . a NCU � a_ tO ZI .0 L v- 00v`Ew3`3 npb, co a W U C C1: o U fa 7 7 MY_ ENKaVc > E COCE a c° -O° > w U v E° w C E `� " ar a CL ti O v 7CU m w U 0. a `o = 0 _ .1 O U ' Eo -a >T 7 o i u o N o a — u al a) O\ N C a) OC '' 00 N O u u C a O E O N O N L >aL L X C > Y ` `1 C CJ c6 O a3.O caw U a v w a vi ¢ E • 7 u +-' O O ti a1 >. -a O` O' Oa) N¢v>i Y� ma va Z ri csi cri v ui Co 4 0 U U Date: 11/12/21 U 2 U 2. SCOPE OF WORK - CUTSHEETS Models FCB 1000-6000 REST® CONDENSING BOILER *Appearance may vary Item No. Description 1 1" HOSE CLAMPS (4X) 2 3/8" SILICONE HOSE* 3 1" SILICONE HOSE* 4 CONDENSATE TRAP 5 SYSTEM SENSORS (2X) 6 BULBWELLS (2X) 7 MOUNTING SCREWS I IELLAi COMBUSTION TECHNOLOGY Item No. Description 8 OUTDOOR SENSOR 9 3/8" HOSE CLAMPS (2X) 10 90° ELBOW 11 AIR INTAKE COVER* 12 6" SS to PVC ADAPTER • 13 AIR INLET COLLAR & GASKET'' 14 GAS UNION* • Model FCB1000 • Models FCB2500 ONLY and up ONLY Refer to replacement parts list if re -order is needed. Paae 42 04/21 2 2. SCOPE OF WORK - CUTSHEETS CREST COMMERCIAL BOILER At* Lochinvar HIGH EFFICIENCY BOILERS & WATER HEATERS 10 YEAR LIMITED WARRANTY EFFECTIVE: WHAT IS NOT COVERED, PROBLEMS CAUSED BY: For 10 Years, Lochinvar warrants the heat exchanger against failure due to defects in materials or workmanship. For the lifetime of the product, Lochinvar warrants the heat exchanger against failure due to thermal shock. For 5 years, Lochinvar warrants the burner against failure due to defects in materials or workmanship. All parts are warranted for 18 months from the date of manufacture or 1 year from the date of start-up. This limited warranty is in effect when the product is installed within the United States or Canada, provided it remains at its original place of installation. Warranty coverage begins on the date of installation OR 60 days from the date of manufacture if installation cannot be verified. Note: The date of manufacture can be determined using the Serial Number located on the silver rating label. WHAT IS COVERED: In the event of a defect in materials or workmanship appearing during the limited warranty period, Lochinvar will repair, or at our discretion, replace any defective part or heat exchanger covered under this limited warranty. Any replacement part or heat exchanger will be warranted only for the unexpired portion of the original limited warranty period. Unless authorized by Lochinvar, any heat exchanger must be returned to the factory for warranty determination, at the owner's expense. If an identical model is no longer available due to a change in law, regulation, or standard, Lochinvar will replace the product with one having at least the same capacity and input. In these instances, you will have the option of paying the difference between what was paid for the original model and the new model with the additional features; or receiving a refund of the portion of the purchase price allocable, on a pro-rata basis, to the unexpired portion of the limited warranty period. OWNER'S RESPONSIBILITIES: Owners are responsible for: • All labor, shipping, delivery, installation, and handling costs associated with the repair and/or replacement of the product. • Selecting a qualified service provider. Visit www.Lochinvar. com for a list of service providers in your area. • Following all instructions provided with the product. • Retaining all bills of sale or receipts for proof of installation. • Providing copies of all service and maintenance records. • Contacting your installer or dealer as soon as any problem or defect is noticed. • Improper gas supply line sizing, gas type, venting, connections, combustion air, voltage, wiring, or fusing • Sediment, magnetite or lime scale buildup • Improper installation, sizing, delivery, or maintenance • Failure to follow printed instructions enclosed with the product • Abuse, misuse, accident, fire, flood, Acts of God • Improper venting and air intake materials, length, construction, or operations • Claims related to rust, excessive noise, smell, or taste of water • Failure to conduct authorized factory start-up as required • Failure to properly perform maintenance, as outlined in the instruction manuals provided by the manufacturer • Damages due to a failure to allow for thermal expansion • Alterations that change the intended or certified use of the product • Failure to follow applicable codes • Improper chemical addition • Service trips to explain proper installation, use, or maintenance of the product/unit or to describe compliance requirements under applicable codes and regulations • Charges related to accessing the product including but not limited to door/wall removal, equipment rental, etc. • Replacement parts after expiration of this warranty • Premium associated with after hours or overtime labor LIMITATIONS: NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, THIS IS YOUR SOLE AND EXCLUSIVE WARRANTY. ALL OTHER WARRANTIES, INCLUDING A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES. TOTAL LIABILITY ARISING AT ANY TIME SHALL NOT EXCEED THE PURCHASE PRICE PAID WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. Lochinvar, LLC • 300 Maddox Simpson Pkwy • Lebanon, TN 37090 • 1-800-722-2101 / Fax: 615-547-1000 www.Lochinvar.com 100341280_2000598434_Rev A ©O1/21—Printed in U.S.A. Page 43 273 2. SCOPE OF WORK - CUTSHEETS -� Lochinvar® Job Name: Address: City: Contact Name: Email: ST: Zip: Contact Phone: EQUIPMENT READINESS CHECKLIST And Start -Up Documentation # of Units Boiler(s) Water Heater(s) at jobsite: Tank(s) Other Retrofit 6 New Const. C Unit of Model No: Serial Number: Give brief description of jobsite. Include model/ser al numbers if equipment is not documented with this project: Check all items in this section PRIOR to requesting Start -Up. y ny health or safety an regList sfor jobsite: Required service clearances are provided. (Refer to Installation & Operation Manual) Outdoor Installation? VC NC All power, controls, & sensors installed and operational BMS Operational? Ye N/AC Supply VA(: Water piping installed & supply available System Flushed n Filters Installed/Cleaned Water Pressure (PSI) Water Pipe Dia. (in): Gas connected & supply available Sufficient supply for total BTU req'd Water Test Kit P/N: 100294265 n Water Sample Obtained & Submitted Regulator Installed ❑ Min. 10 ft. upstream from appliance Gas Pipe Dia. (in): Ventilation is connected and operational ❑ Neutralizer installed for condensate Date of Request: WARNING ! Unit Startup should be performed only by a qualified heating installer/service technician. Refer to the Installation and Operation Manual for your reference. Have this unit serviced/inspected by a qualified service technician, at least annually. Failure to comply could result in severe personal injury, death, or substantial property damage. START-UP REPORT ALL GAS -FIRED UNITS Total Amp Draw Blower Air Pressure: Left Right WATER TEMPS Inlet: High Limit: Outlet: Stg 1 Diff. Stg 2 Diff. Sig 3 Diff. Stg 4 Diff. Delta T: - Static Pressure: Manifold Pressure: Dynamic Pressure: Air Pres. Differential: C1BUSTION Vl Low Vl High DRAFT READINGS Unit ON: Unit OFF: 02 (0 ppm Barometric dampers properly adjusted ❑ CO2 Venting Configuration — Select below and indicate direction If Equipped V2 Low V2 High 02 0 Direct Vent - 2 Pipe Termination Vertical 0 Horizontal 0 CO ppm CO2 Ci Concentric - Single Pipe Vertical 0 Horizontal (21 VENTILATION Air (In) Flue (Out) Diameter: , ,j Room Air - Single Vent Termination Vertical()) Horizontally Material: Total Eqv. Lgth: �i Vertical Vent w/Sidewall Air — The information on this form verifies operation of the Lochinvar product only. — This does not imply other system components or overall system operation is certified. Component and system verification should be performed by the designated commissioning agent or installing contractor. NOTES START-UP PERFORMED BY: Company: Name: Phone: Send completed form to: Email: startup@Lochinvar.com Mail: Service Dept/Lochinvar 300 Maddox Simpson Pkwy. Lebanon, TN 37090 OR SAVE & EMAIL Internal Use: Dote Reed: Tech: Pape 44 274 2. SCOPE OF WORK - CUTSHEETS Bell & Gossett a xylem. brand Submittal Job/Protect: Tukwila Community Center: HW System Representative: CHC Hydro ESPSystemwize: WIZE-82D31D59 Created On:01/05/2024 Phone: 1-206-713-4279 LocatlonlTag: BCP-1 &2 Email: bmccann@chchydro.com Engineer: Submitted By: Date: Contractor: Approved By: Date: High Efficiency Large Wet Rotor Circulator with ECM Motor Series: ecocirc® XL Model: 40 275 Selection Summary Duty Point Flow 120 US gpm Duty Point Head 15 ft Control Head 4.5 ft WTW Efficiency at Duty Point 61.6 % The ecocirc' XL circulator Is designed with a highly WTW PLEV Efficiency 0.0 % efficient electronically commutated permanent magnet motor (ECM/PM Technology). Cast Iron model designed for closed loop hydranic heating and cooling systems pumping water or water/glycol mix. Motor Power 2.0 Electrical Input Power 0.738 hp RPM ti Duty Point 2153 rpm Stainless Steel body pump designed for plumbing loop healing NPSHr --- systems or open and cooling systems. sp. c U` us LISTED Minimum Shutoff Head 17.7 ft Fluid Temperature 68 °F Fluid Type Water Phase 1 Voltage 208-230 Weight (approx. - consult rep for exact) 49 lbs Performance Curve , ecocirc PREMIUM Ecocirc EFFICIENCY PRODUCT XL XL 40-275 psi ft 20 — 50 45 — Max Curve 7.5 — 45 - 5 — 35 90;~ 35 9-2.5— n 2 80% 0_ 25 70% 20 7.5 — 53 rpm 5 5 5Y. 2.5 — '0 5 Mn Cure 0 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 US gpm 0 5 10 1I5 20 25 30 4I0 45 50 55 60 65 m'lllr Performance curve meets 14.6 / ISO 9906 acceptance criteria Page 45 W IZE-82 D31 D59 275 2. SCOPE OF WORK - CUTSHEETS Constant Pressure Curve psi ft 18 — 40 16 — 35 39 12 — 25 w 1❑ — 2 Max Curve 29 — 8- 4— Prop psi ft 40 30 12 — 25 10 — 20 15 - 19 4- 4: c. 180 200 220 240 200 25: US. ppm 4: 45 60 55 60 c5 18, nc r..,.. 30 40 40 50 m-1hr 276 Page 46 2. SCOPE OF WORK - CUTSHEETS N LI} CD r CV LO CO C 0 CO BG-104318 ECOCIRC XL 40-275 iA Vi a 1-31)4 0 Oa a) Series ecocirc XL High Efficiency Large Wet Rotor Circulator with (ECM} Motor Hp:21 Voltage:208-2301 Phase:1 J Watts Range:50-14001 Amp Range:0.5-6.0 Dimensions are subject to change a) N Submittal # m To ❑ E z C a C E 0 m a, m ❑ m C C i a> a ❑ O m m C Z N rS u, 0 �0 m a o Q � Z C O 0 0 O cv Page 47 277 2. SCOPE OF WORK - CUTSHEETS Standard Materials of Construction Pump Body Construction: Cast Iron or Stainless Steel Impeller Shaft Rotor Bearing GasketJO-Ring All Other Wetted Parts Motor Type Motor Insulation Class Poly-phenylene Sulfide or Stainless Steel AISI 420 Stainless Steel Permanent Magnet Carbon Sleeve EPDM AISI 304 Stainless Steel Electronically Commutated MotorlPermanent Magnet F STANDARD OPERATING MODES LCONSTANT SPEED The pump maintains a constant speed at any flow rate. The desired speed is set on the interlace panel of the pump. CONSTANT PRESSURE (Ap-c) The pump maintains a constant differential pressure at any flow demand until the maximum speed is reached. The desired head of the pump can be set via user interface. Recommended for use in systems with small or constant pressure losses. IN PROPORTIONAL PRESSURE (Gp-v) The differential pressure continuously increases or deceases based on the flow demand. The set point head can be Set on the pump user interface. Use for systems with large pressure losses. NIGHT MODE The pump will automatically reduce speed when there is an abrupt change in fluid temperature. The change in fluid temperature Is from a boiler operating in night lime setback mode. The built•in temperature sensor Is used. (Road Speed, Constant Pressure. Proportional Pressure) INPUT SIGNALS • One 0.10V (Analog): Speed Control by external controller ■ One 4.20mA (Analog): Connection with an external differential pressure sensor for pressure control mode (lwa differential pressure sensor ranges: 0 15 and 0.-30 P51G) on single phase models. • Two absolute pressure sensors4-20mA (Analogy input for three phase models. • One external temperature sensor input for Differential Temp operating mode. Sensor Type: KYT38. PIN: 104502 • One buitt•in temperature sensor for Set Point Temp and Differential -Temp operating mode. START/STOP CONNECTIONS: Connect to external dry contact relay or use with a I he rmostat. Operating Data Max Working Pressure Minimum Working Temperature Maximum Working Temperature Ambient Temperature Range 175 psi (12 bar) 14'F (-10'C) 230°F(I10°C) 32 °F - 104°F (0°C - 40°C) C us LISTED TEMPERATURE DEPENDENT OPERATING MODES SET POINT TEMPERATURE (Ap-T) The nominal differential pressure set point is modified based on the fluid temperature.Lfses the built -In temperature sensor. SET POINT TEMPERTURE AT) The pump maintains a constant temperature In a system, such as domestic hot water system or a single temperature heating system. Uses the built -In temperature sensor. DIFFERENTIAL TEMPERTURE (AT) The pump maintains a constant differential temperature between the built-in and external temperature sensors. REMOTE BUILDING MANAGEMENT SYSTEM CAPABILITIES • The pump can be monitored or controlled by a signal from BMS (Building Management System). Built-in protocols are BACnet and Modbus. Direct connection to a PC Is available. • An optional wireless module can be added to create a short range wireless field for remote connection to the pump. An Internet browser can be used to program the advanced settings. Module P/N! 104500 OUTPUT RELAYIsingle phase): Normally Open Dry Contact Relay for Fault Mode indication. OUTPUT RELAYS (three phase): Two Normally Open Dry Contact Relays for Fault Mode and Run indication. ONBOARD USER INTERFACE xylem Let's Solve Water 7 —.A.,. d t.2 1. Control mode button 2. Control mode indicators 3. Parameter button 4. Parameter indicators 5. Setting buttons 6. Numeric display 7. Power indicator 8. Status / Fault indicator 9. Remote control indicator Xylem Inc. 8200 N. Austin Avenue, Morton Grove, IL 60053 Phone:{847)966.3700 Fax:(847)965.8379 www.bellgossett,com Sell & Gossett is a trademark of Xylem Inc. or one of its subsidiaries. 278 Page 48 2. SCOPE OF WORK - CUTSHEETS Bell & Gossett a xylem brand Submittal Job/Project: Tukwila Community Center: HW System Representative: CHC Hydro ESPSystemwlze: WIZE-82D31D59 Created On:01/05/2024 Phone: 1-206-713-4279 LacatlonlTag: HWP-1 &2 Email: bmccann@chchydro.com Engineer: Submitted By: Date: Contractor: Approved By: Date: Close Coupled In -Line Centrifugal Pump Series: e-80 Model: 3x3x9.5C n Pump Selection Summary Duty Point Flow 240 US gpm Duty Point Head 75 ft Control Head 22.5 ft Duty Point Pump Efficiency 72.7 % Part Load Efficiency Value 68.5 % I — Features & Design (PLEV) impeller Diameter 9.5 in Best in Class Hydraulic Performance Motor Power 10 hp Low Operating and Maintenance Cost Horizontal or Vertical Installation The Series a-80 is a highly efficient, heavy duty, close pump designed for horizontal or vertical in -line mounting. is available in stainless steel fitted construction, with 2500 GPM, heads to 380 feet. rttp:Iibellgossctt.corrifpumps-chculaforsr f kllav coupled The e-80 flows up to n-fine •pumpslsories•e •tOI Duty Point Power 6.23 bhp Motor Speed 1800 rpm RPM 0 Duty Point 1644 rpm NPSHr 8.58 ft Minimum Shutoff Head 81.5 ft Minimum Flow at RPM 52.7 US gpm Flaw a BEP 264 US gpm Fluid Temperature 68 °F Fluid Type Water Weight (approx. - consult rep for exact) 380 lbs Pump Floor Space Calculation 3.22 ft2 Performance Curve Energy Efficiency Pump & Motor Pump, Motor Ratings: PEIcI: 0.94 ERcI: 6 & Drive: PElvl: 0.47 ERvI: 53 e-80 �e NCY 3x3x9.5C PRODUCT 1644 RPM psi f 1644 rpm 47 56 63 66 66 36 - 60 70 71 72 73.5 30 - 70 72 71 70 68 60 1352 04 3 I S20 — 60 ao 56 1100 15- M��� PP'. Oi li. 39 926 p p i • . ._ i i I 0 ., 10 - 56 63 66 GS 4 41 20 70 71 72 7.15W72.0.11111111111111111111011111.1 •Z572 5 n 68 66 63 56 9 19 0 m ft 5- tip a z 29 I0 _ r 0 0 to trw hp I'e 5 - - -- - - - - a 5 _ 0 0 25 50 75 109 125 150 175 200 225 250 275 303 325 350 =-'_ - : Lit gpm I 0 1I0 1I5 20 25 20 25 40 45 50 I 02 65 I I 80 I m'.hr Performance curve meets 14.6 / ISO 9906 acceptance criteria Page 49 279 2. SCOPE OF WORK - CUTSHEETS Constant Speed Curve (1750 rpm) psi 43- 3S — 30 — 25 — 2 20 — 15 — 10 — 5- 2 co Z 5— ❑ ft 5.5 in 4 ] 50 1 N. 55 W 64 56 1. • • • t • N 90 • 70 N 1 • rjJ rr • IVN 73.5 ti g0 • 111 ' ` I3 70 N. O 70 • • ill • - t N66 64 \ w/N.ill'' 1•60 • 1. S .1 1 • 50 Iit • 10hp 40 40 50 55 60 64 ` 66 E6 . '647 N. • 3SO ti 5O \ 5 hp 55 SO 5 hp 20 10 0 20 6 25 50 75 100 125 150 175 203 275 300 325 360 375 400 IIS nnm 110 15 20 25 30 40 45 50 W G5 70 75 ✓#1 ffi 9❑ 35 m'1hr Operating Point Flow: 240 US gpm Head: 75.1 ft Speed: 1644 Efficiency: 72.7% Point BHP: 6.23 End Of Curve: 60% Maximum Duty Point (at rated motor speed) Flow: 256 US gpm Head: 85.1 ft Speed: 1750 Efficiency: 73% Point BHP: 7.52 NOL Flow: 426 US gpm Runout Flow: 426 US gpm NOL (BHP): 9.39 Page 50 280 2. SCOPE OF WORK-CUTSHEETS co ISI •61 Q. Pr- — qƒ X %OD R S § $ ® k ƒ / mt. � ® c» �2 a_ $ k as Submittal # Scale : N.T.S. f f 2 Dimensions 2 0 } } 0 cu ca Page 51 281 2. SCOPE OF WORK - CUTSHEETS Standard Materials of Construction 10 Standard Mechanical Seal Assembly Construction: Stainless Steel Fitted Pump 1 Shaft: Carbon Steel 2 Volute: Cast Iron ASTM A48 Class 8 3 Impeller: ASTM A743 Grade GF8 - 304 Stainless Steel 4 Shaft Sleeve: Stainless Steel 5 Impeller Key: #304 Stainless Steel 6 Impeller Washer: Carbon Steel 7 Impeller Lock Washer: #304 Stainless Steel 8 Impeller Gap Screw: #304 Stainless Steel 9 Volute Gasket: Cellulose Fiber Pump Options "contact your local rep to configure TECHNOLOGIC STANDARD FEATURES CONTROL METHOD WITH INTEGRATED TECHNOLOGIC® SENSORLESS CONTROL {ITSC1 Factory configured for sensorless operation. CONTROL METHOD WITH INTEGRATED TECHNOLOGIC® (IT) Field configurable for sensor by others. hullding management system input, or optional sensors) provided. ENCLOSURE NEMA 12 (same as 11.55 A UL type 12) POWER DISCONNECT SWITCH Included standard. Fused Disconnect Switch optional with three phase input voltage. HARMONIC SUPPRESSION Integrated non•saturating dual DC Ilnk reactors provide better harmonic performance than a S% AC Ilne reactor. COOLING Pan -Cooled through temperature controlled and easy replacement. AM Si ENT TEMPERATURE RATING 14'P to 113°P {-1trC to 45°C) COMMUNICATION PROTOCOLS EACnat, Medicos RTU, N2 Malasys, FLN Apogee ANALOG INPUTS 2 configurable for either voltage (0 to 10VDC) or current(014 to 20mA) ANALOG OUTPUTS 1 (0J4 to 20mA) up to 5410 ohm toad accurate to 1% of kill scale DIGITAL INPUTS 4 {0 to 24VDC), NPN or PNP. 0 to 24VDC, an 5 rnsac scan interval, Up to 2 can be configured as pulse inputs. DIGITAL OUTPUTS 2 {0 to 24VDC). 40mA max current, configurable as pulse dutpule. RELAY OUTPUTS 2 programmable, 240VAC or 400VAC up to 2 A minam IM CONTROL HEAD ft (default set fo 40% of design head II nor unknown) Bellows Buna N Faces Carbon -Gem mic Metal Parts Brass or Stainless Steel Spring Stainless Steel Maximum Working Pressure Max Working Pressure (standard) 175 psi (12 bar) Max Working Pressure 175#, 250#, and 300# (optional) working pressure designs. Oshatr ® shah Sleeve Antl-Vnnea Baffles r;� V Impeller Washer ()Volute Gaaket Gauge Topping Seal Assembly Impeller levy token Cover Plate Flush tiro Vat. rsp Gaage,, Tappiv Impenet ()Impeder Lock oasis Support Ring alope Bet Cap Screw xylem Lets Solve Water Xylem Inc. 8200 N. Austin Avenue, Morton Grove, IL 60053 Phone:{847)966-3700 Fax: (847)965-8379 wow,bellgossett-com Bell & Gossett is a trademark of Xylem Inc. or one of its subsidiaries. 282 Page 52 2. SCOPE OF WORK - CUTSHEETS Bell & Gossett a xylem brand Submittal JobiProJect: Tukwila Community Center: HW System ESP-Systemwlze: WIZE-82D31D59 01/05/2024 Location/Tag: HWP-1 &2 Engineer: Contractor: Representative: Columbia Hydronics Corp Phone: 360-883-2600 Email: salescol@chchydro.com Submitted By: Approved By: Date: Date: Suction Diffuser Plus Bell & Gossett Model: ED-3X The Bell & Gossett Suction Diffuser Plus is designed for direct application to the pump suction and provides ideal flow conditions for the pump, providing NPSH requirements are met. Its integrated Flow Cone directs flow through the unit and into the pump suction while working with the full length straightening vanes to create a more uniform flow profile. The orifice cylinder has a free area equal to five times the cross section of the pump suction opening and serves as a coarse strainer to protect the pump from large sediment. Type X-For Closed Systems r.n p.1;13c.1.Jes5,::1..rn.hydronic•plumhing•accesorieppump-accessorieslsuGBon-dffuse•1 Suction Diffuser Selection] ED-3X 4.0 in 3.0 in Model System Size Pump Size Pressure Drop @ Design Flow Connection Type Cv Fluid Type Fluid Temp Err Flanged/Flanged 238 0 °C Performance characteristics: PRESSURE DROP(kPa) 15 - 10 5 1 — PRESSURE DROP (PSI) 2.0 1.0 0.5 0.2 For Total Pressure Drop / 7 o p Ca 0 0 000 0 = = 12 O o00o G G — N e) d V/ 0 A15=0 0 0 0 CS 0 0000 G g C r N r) C r1] Co r,. acre= O C. C r N M d FLOW (GPM) PREMIUM EFFICIENCY PRODUCT 1 2 3 4 5 10 20 30 40 50 FLOW (Us) 100 200 300 ED-3X Materials of construction Body Inlet Vanes Orifice Cylinder Start-up Strainer Cast Iron Steel Steel 16 Mesh Bronze Operating Data Max Working Pressure Max Temp 175 psi 250°F Dimensional data: not for construction 13 PUMP t C 4 t D SYSTEM - H TO REMOVE NAL COMPONENTS ■■ ADJUSTABLE SUPPORT FOOT E-NPT«. AVAILABLE SEPARATELY WOW MINN) F Threaded x Threaded Models DIMENSIONS - INCHES (mm) G C PUMP 'Olmeawane Include orifice cylinder 4 2-1120341 Inch clearance. 1 a-tI-J SYSTEM H TO REMOVE •■wj• INTERNAL COMPONENTS it 111jJ1. L A Flange x Flange Models ADJUSTABLE SUPPORT FOOT AVAILABLE SEPARATELY Model No. ED-9 System Side 4 Pump Side 3 17,91) A B 11 5.50 {279.4l (16$J C 650 11651 D 3.75 UP5) E 3/4 1191 F 7.93 I2O11 G N/A H 15 {254) 4.5 Orifice Cylinder Free Area fn2 fcm2j 37-1/2 (242) Approx. Shpg- wt Liss. (Kg) 55 {25) Page 53 283 2. SCOPE OF WORK - CUTSHEETS SPIRO Submittal Data Spirovent® Dirt Air Eliminator and Dirt Separator VDT 2-12 Job Name: Engineer: Contractor: Representative: Tag Model Flow Size Location Specifications: Shell Vent Head Float Seal 0 Ring Skim Valve Coalescing Medium Ball Valve Max. Working Pressure Max. Operating Temperature Notes: AS-1 Steel Brass Non -Ferrous Viton Viton Brass Copper Brass 150 psig 270°F PS - Pipe Size 2" 2 1/2" 3" 5" 6" 8" 10" 12" D (inches) 6.3 6.3 8.6 8.6 12.8 12.8 16.0 20.0 24.0 H2 (inches) 25.3 25.3 31.4 31.4 41.7 41.7 51.8 67.5 79.7 h2 (inches) 10.4 10.4 13.6 13.6 18.9 18.9 24.2 32.1 38.2 L (inches) 10.2 10.2 14.6 14.6 --- --- --- --- --- LF (inches) 15.2 15.7 20.2 20.6 27.7 27.7 33.6 37.5 42.5 e (inches) 1 1 1 1 1 1 1 1 1 Weight NPT (Ibs) 55 56 105 120 --- --- --- --- Weight FIg (Ibs) 66 75 139 149 238 260 436 718 1,250 Volume (gallons) 1.8 1.8 6.6 6.6 20 20 40 79 132 Rec. Flow (gpm) 60 90 140 240 370 540 940 1,470 2,090 Model VDT---* 200 250 300 400 500 600 800 1000 1200 (Dimensions for reference only) *VDT xxx MT: Threaded NPT *VDT xxx FA: Flanged. ASME Section VIII, Division 1 Stamped and Registered © 2022 Spirotherm, Inc., 462 Camden Dr, Bloomingdale, IL 60108 284 Page 54 2. SCOPE OF WORK - CUTSHEETS iBell & Gossett Submittal a xylem brand Job/Project: Representative: CHC Hydro ESP-Systemwize: WIZE-82D31D59 Created On:01/05/2024 Phone: 1-206-713-4279 Location/Tag: ET-4 Email: bmccann@chchydro.com Engineer: Submitted By: Date: Contractor: Approved By: Date: Expansion Tanks: Pressurized (Air Elimination) BeII &Gossett Series: B ASME Series B expansion tanks are ASME rated pre -charged bladder - type pressure vessels. The Series B tank is designed to absorb the expansion forces of heating/cooling system water while maintaining proper system pressurization under varying operating conditions. The heavy duty bladder contains system water thereby eliminating tank corrosion and waterlogging problems. Designed and constructed per ASME Section VIII, Division 1 I Selection Criteria Model Quantity Required Tank Volume Required Acceptance Actual Tank Volume Actual Acceptance Volume Orientation Type ASME Rated Fill/Max Temperature Fill/Max Pressure System Volume System Medium Tank Details • Increases system performance • Reduces oxygen corrosion • Prevents waterlogging • Replaceable bladder • Integrated bladder integrity monitor on all models • High maximum operating temperatures • Seismic restraints available • Sight glass available Performance Curve Data Materials of Construction Shell Bladder System Connection Carbon Steel Heavy Duty Butyl Rubber Forged Steel Not For Potable Water System Dine nsbns are subject to cha nge. N of to be used for construct Ion purposes unless certified. A 24 (610) xylem Let's Solve Water B 43 (1,092) C (EN PT) 1-1/2 SYSTEM CONNECTION (D) D (EN PT) 3/4 Inches (mm) B200 1 47.26 gal 9.98 gal 53.0 gal 53.0 gal Horizontal /Vertical Bladder true 50 °F /120 °F 60 psi/80 psi 1000 gal Water B200 Operating Data Max Design Temperature Max Working Pressure Shipping Weight Flooded Weight mE mA E 20 (508) - LIFTING RING -- GAUGE 120 °F 125.0 psig 210 (95) 651 (295) BLADDER INTEGRITY — MONITOR - CHARGING VALVE (.302" - 32 NC) SYSTEM CONNECTION (C) F 0.14 (4) K 5.25 (133) Xylem Inc. 8200 N. Austin Avenue, Morton Grove, IL 60053 Phone:(8471966.3700 Fax: (847)965-8379 www.bellgassett.com Bell & Gossett is a trademark of Xylem Inc. or one of its subsidiaries. Page 55 285 2. SCOPE OF WORK - CUTSHEETS " Chemical By -Pass Feeder +.1'bt'S7RIF3 LIP. • 3Aa" FNPT Connection 265 Psi (1.83 Mpa) at 200°F (93°C) CBF-5 LAllows for safe and easy chemical dosing A Ball valves for easy chemical dosing and pot feeder A Graduated funnel with stainless steel filter for clean accurate, and mess free chemical addition • Pressure vessel and fittings made with brass and carbon steel A 5 Gallon (18.9 litre) A Comes with adjustable legs A Max pressure rating is 265psi Axiom's Chemical By -Pass Feeder delivers chemicals to any closed loop system. Maintaining a chemically balanced hydronic system has never been easier. ® info©axiomind.com (877)651-1815 WWW.AXIOMIND.COM Page 56 2. SCOPE OF WORK - CUTSHEETS CBF-5 CHEMICAL BY-PASS FEEDER TECHNICAL INFORMATION DIMENSIONS : WEIGHT : 22.22 kg 49 lbs Model CBF-5 2.7" [68mm] 2.7" [68mml � Size Pressure Vessel Volume Max Pressure 5 gal (18.9L) 265psi (1.83MPa) SPECIFICATION : Chemical By -Pass Feeder shall be AXIOM INDUSTRIES LTD. model CBF-5. System shall include carbon steel chemical by-pass feeder, two 3/4" NPT carbon steel tees, four 3/4" NPT carbon steel nipples, two 3/4" NPT brass ball valves, 1/4" NPT brass ball valve, and 20 US oz.(600 mL) polyethylene graduated funnel with integral 20 mesh strainer, and 3/4" NPT connection. The CBF series pot feeder is not for use with potable water. Model CBF-5 series comes with three 17.6" LIMITED WARRANTY : The Axiom CBF-5 Chemical By -Pass Feeder is warranted against defects in materials and workmanship for one year. Project Location Consultant Contractor Unit Tag Sales Agent © Axiom Industries Ltd Page-M5-Ol 2. SCOPE OF WORK - C T H�ETS 56 0 eves / ultiple Wattage Fan Forced Unit Heater Product Specifications Casing & Construction: Fabricated of die formed, heavy gauge steel and finished with two tone, brown and beige, durable powder coated paint. Supply air is drawn through the rear heavy duty expanded steel inlet grill. Heated air is discharged through front adjustable louvers, which are spring loaded for individual adjustment. Made in U.S.A. Element: Heavy-duty block fin element design. The multiple tap electric connection design allows field conversion to eight wattage settings at 208/240-Volt single phase or 240/480 Volt, 3 phase. Units are available on special order with a specific wattage/voltage setting. Motor: Motor shall be totally enclosed, permanently lubricated, all angle industrial rated with thermal overload protection. Wiring: Wiring to terminal block adjacent to incoming knockout in accordance with NEC and local codes. Thermal Overload: All heaters shall be equipped with an automatic reset thermal cutout to shut down the element and motor circuits if unsafe operating temperatures are exceeded. Controls: The heater shall have a heavy-duty hydraulic thermostat (with a temperature range of 40 °F-110 °F) factory installed and wired. All controls and wiring shall be in a large wiring compartment with hinged door for easy access. An optional disconnect switch shall be available for field installation. Mounting: Heaters are standard with a three position -mounting bracket for wall, ceiling or workbench. Heaters can be mounted for horizontal or vertical discharge. Note: Minimum mounting height is 6 feet, and minimum distance from side of heater to nearest wall is 6 inches.. Note: Approved for residential applications Product Dimensions A Villiilii��i;!!I'',IIUiilgili111i11111 IMIMIMSMIIMIYMIMMMM c ETA �S Intertek Front view ®WARNING: This product can expose you to chemicals including nickel which is known to the State of California to cause cancer, and chromium, which is known to the State of California to cause birth defects and/or reproductive harm. For more information go to www.P65Warnings.ca.gov. A B E F G 14" 1211/16" 14" 1 9A6' 1 9/16' 9" 2 3/4' Standard Models MFG CATALOG NUMBER MFG MO EL WATTS Is VOLTS PHASE AMPS TEMP RISE AIR THROW CFM WT. (LBS) HF5605T I 5000 17065 240 1 21 57°F 16' 275 32 4165 14215 240 1 17 48°F 3332 11365 240 1 14 38°F 2500 8533 240 1 10 29°F 07072802 3750 12798 208 1 18 43°F 3123 10659 208 1 15 36°F 2500 8553 208 12 29°F 1874 6396 208 1 9 21°F 07072902 H3H5605T 3750 12799 208 3 10.4 43°F 07072902 H3H5605T 5000 17065 240 3 12 57°F 07073002 P3P5605T 5000 17065 480 3 6 57°F 07073602 I DCS-MT303 I Optional Field Installed Disconnect Switch, 30 Amp @ 600Volts For 24V control on single phase models delete "T" suffix Page 58 3. Energy Savings Guarantee 3.1 Guarantee Overview 1. Philosophy: McKinstry is prepared to guarantee any portion of a project over which it has direct control. Where McKinstry does not have direct control (such as operating hours associated with lighting), we are prepared to work with the Owner and DES to devise a method of Measurement and Verification (M&V), which will provide the highest degree of assurance that the energy savings are achieved. 2. This Project: For this project, McKinstry guarantees the performance of the installed initiatives to reduce energy consumption. The target energy reductions for the initiatives that will be implemented are shown in the attached Table 3.1 Energy Savings Summary. Based upon the stipulated conditions as enumerated by the Owner and DES personnel and the utility rates as described below, the utility cost savings calculations are also shown in Table 3.1. 3. Ongoing Services: Refer to Table 4.1 for the cost and duration of ongoing M&V. The cost of ongoing M&V beyond the duration listed in Table 4.1 is at the discretion of the Owner. McKinstry is prepared to continue the guarantee as long as the Owner continues the ongoing services as described herein. When the Owner chooses to cancel the ongoing services, the guarantee will also be terminated at the same point in time. Please refer to Table 3.2 M&V Plan Outline for a summary of the proposed measurement and verification scope. 3.2 FIM Specific Performance Assurance Methodology 1. Guarantees: Table 3.1 Energy Savings Summary provides the specific energy consumption savings for each Facility Improvement Measure (FIM) and the guarantee that McKinstry will provide associated with that measure. Savings calculations are based upon both baseline operating characteristics and proposed operation criteria: a. Baseline: Baseline refers to the existing operating characteristics that were used to calculate energy savings. The baseline values, including system performance and operational conditions, which were used for this project are provided in Table 3.2. In general, all parties acknowledge the baseline associated with any specific measure has been derived from the following sources: i. Actual operating information gathered through field observation, measurement, micro - data loggers, and Owner's operating logbooks. ii. Owner provided information concerning stipulated factors such as burn hours, occupancy, or operational expenditures. iii. In some instances, a modified baseline may have been developed to address areas whereby pre -retrofit conditions do not reflect a system that is operating per current code or what the Owner may deem as normal operation. The actual impact to energy usage will be identified along with the "avoided costs" associated with the modified baseline. b. Proposed: The proposed operating values, including system performance and operational conditions, which were used for savings calculations are provided in Table 3.2. Systems must be operated per the proposed criteria to ensure energy savings are realized. McKinstry will provide the initial start-up, commissioning, and programming of the system to ensure the systems operate per the proposed operating criteria. The Owner acknowledges their responsibility to ensure these criteria are maintained and associated energy savings are realized. Energy Savings CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 59 289 3. Energy Savings Guarantee Guarantees are predicated based on the Owner maintaining their responsibilities as provided below in "Ongoing Owner Responsibilities" in Section 3.5. 3.3 Utility Rates 1. Utility Rate: For the purpose of calculating energy cost savings, the utility rates used will be the utility rates as paid by the Owner to the utility company at the time the Energy Services Proposal was developed. In the event that a building has multiple meters on different rate schedules, the per -unit cost of the utility will be the average of all the rate schedules in effect at that facility. a. Base Utility Rate: Refer to table 3.3 for the Base Utility Rates (including sales tax). 3.4 Standards Of Comfort Service Where applicable, the following section provides the standards of comfort, which the Owner must maintain to ensure the comfort of the occupants and staff, and upon which all energy calculations were based. HVAC COMFORT Heating, ventilating, and air conditioning (HVAC) systems provided by McKinstry will provide comfort and indoor air quality in accordance with the Standards of Comfort below. This standard will pertain only to buildings and areas of buildings in which McKinstry is installing HVAC equipment that has direct control over space comfort conditions. HVAC comfort conditions cannot be guaranteed when operable windows or doors are open. INDOOR CONDITIONS Occupied: Winter Heating Minimum Set -point — 70 degrees F (Superseded by DOH Regs) Winter Heating Maximum Set -point — 74 degrees F (Superseded by DOH Regs) Summer Cooling Minimum Set -point — 72 degrees F (where mechanical cooling systems are employed) Summer Cooling Maximum Set -point — 78 degrees F (where mechanical cooling systems are employed) Unoccupied: Minimum — 55 degrees F Maximum — 85 degrees F (where mechanical cooling systems are employed) Relative Humidity (If humidity control provided): Minimum - 40% Maximum - 60% Minimum outside air per occupant: Minimum outside air per occupant shall be in accordance with American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) standards and Chapter 4 of the International Mechanical Code. Less stringent conditions will not be proposed unless specifically approved by the Owner and DES (if applicable). CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 290 Page 60 3. Energy Savings Guarantee LIGHTING Illumination Levels Verification: McKinstry shall perform a light level survey of the existing conditions during the audit phase of the project development. The existing lighting conditions shall be discussed with the Owner to gauge the preference for general illumination throughout the facility. For primary and secondary schools, illumination will also meet 1997 WAC 246-366-120 lighting requirements (for Washington state school districts only). Illumination Levels Design: It is McKinstry's intent to provide energy efficient lighting conditions that effectively meet the needs of the occupants and accommodate the application requirements. Where deemed appropriate, McKinstry will follow IESNA recommendations for illumination criteria in the absence of the Owner's preferred lighting standards. 3.5 Ongoing Owner Responsibilities The Owner shall provide the following services as part of this energy services project. In the event that these services are not provided, energy savings and associated guarantees will be modified to reflect the associated impact. 1. Maintain all equipment per manufacturer's recommendations and proposed maintenance schedule. 2. Maintain all sequence of operations and performance criteria related to installed systems as proposed and designed. 3. Provide other FIM specific ongoing responsibilities as provided in Table 3.2. 4. Provide McKinstry with copies of actual monthly utility billing information on a quarterly basis for the duration of the M&V service period. This includes electric, natural gas, and fuel oil. The associated facilities where utility information shall be provided include all meters providing direct or indirect service to all buildings included in this project. 5. Provide McKinstry all internal sub -meter data, including electric and condensate meters, providing direct or indirect service to all buildings included in this project. 6. Provide McKinstry access to Energy Management and Control Systems for the purpose of collecting and logging data over time as required for performance verification. 7. The Owner shall notify McKinstry in writing concerning any changes or alterations to the building that will affect energy usage. This notification should be provided within two weeks of the change. This includes occupancy or use changes, computer load or other load changes, scheduling changes, and sequence of operations changes. 3.6 Non -Performance In the event the equipment performance is not met, McKinstry accepts responsibility for additional energy consumption, due to reduced performance. McKinstry may, at its option, execute any of the following options: 1. Repair or replace equipment as necessary to meet required performance. 2. Make payments for the extra energy consumption to the Owner. In the event that McKinstry chooses the payment option, McKinstry reserves the right to select either an annual payment for the duration of the guarantee term or a one-time lump -sum payment of the same amount. In either case, the payment will be CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 61 291 3. Energy Savings Guarantee calculated based upon the quantity of additional electricity or natural gas used and the Base Utility Rate as described above. 3.7 Change Of Use In the event that the Owner chooses to make changes to the facility that require set point adjustments, longer operating hours, or continuous equipment operation, the Owner agrees that: 1. Savings deemed as met described above will continue to be deemed as met. 2. Additional cost of extended equipment operation is a cost of the change, not due to a failure of McKinstry or their equipment. 3. McKinstry shall not be responsible for any increase in energy, maintenance, or any other costs incurred because of the extended equipment operation. 4. During the M&V portion of the project McKinstry at its option may make a baseline energy use adjustment to identify and account for a change -of -use at the facility. 5. McKinstry will calculate the change in energy consumption due to the specific change made to the system's operation. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 292 Page 62 City of Tukwila Tukwila CC - Controls and Boiler Plant N O N N L1 0 v C no 0 H SMIEENITEIMV E a) t H E 4- a) t H M N 00 M EA- N In 00 00 Tukwila Community Center Controls and Confidential and Proprietary Sheet 1 of 1 293 tam blow fin N 0 N CY) W Co H City of Tukwila Tukwila CC - Controls and Boiler Plant O U .L T a) C a) O (1) cn a Maintain schedules as set N "0 = cL i 3 >- U rn c a)Ut a1) C T '0 0 C a) L 'n 7 • O 7 t 01 a) C t (nu fo Q) • 0. 0 a) C a) J-� C 7 N C a) E a 7 0• a) E a) a3 a) a) 0) 0s J E i0 N .ti i0 W a E a 0) E a1 E O C 0 U a) C 7 U- 24/7 on non -holidays Operating hours per year Tukwila Community Center a) 0) a aL) a C L 0 0 E u 7 m arw a) 7 C c n) • E C a) recommendations. a) U 0 C a) U 0) C fa co "0 a w z T a) Condensing boilers (89%) Non -condensing boilers (80%) Boiler efficiency N a) C d in 'a U v) N 7 m c 0 U c a) -a C CO T my N a) N • T J.. ° H us L us E = w a) '� 3 0 c O E E +U' a) U u CO C ' C - m y O1 01 CO N 0 T C C O T y0 a L L 0 a) a) • 7 � 7 0) aUn a) N E U a .; 0 (1) U Q) a) N E i0 O C in a) 0 a) > C -0 11) ar a a) Verify BAS data 01 Q) L) U IL aL 00 N • 2 ▪ u- = tip O an a) -° a a) 7 a U 7 O U U C o ri Confidential and Proprietary Sheet 1 of 1 294 City of Tukwila Tukwila CC - Controls and Boiler Plant Tr N N 0 N N N 'n:1rxl""TM ■ TITMUtT41PF' giummucamm LELEIMIT EiliiiriggrrMEM 1T11rrrr.7;FTr•' E aJ L I— Cr) U Y J T U aJ (6 v a) a) a) U T C C� CC C O U CU D I — a) C) as a Sheet 1 of 1 295 4. Project Financials 4.1 Maximum Project Allowable Cost McKinstry guarantees that the Maximum Project Cost will not exceed the guaranteed value shown in Table 4.1 — Budget Summary; this cost does not include sales tax, WA State Interagency fees, or the utility incentive. The sales tax and interagency fees are shown in Table 4.1 for reference, and the utility incentive is shown in Table 4.2 for reference. (McKinstry does not guarantee the value of sales tax, interagency fees, or the utility incentive.) If notice to proceed is not issued within 90 days, McKinstry reserves the right to re-evaluate the project and make necessary modifications to the construction costs. 4.2 Project Cost Table See Table 4.1— Budget Summary. All fee percentages and costs are unique to the project. 4.3 Items Included in Maximum Project Cost 1. Engineering audit, which includes the cost for the preparation of this proposal and Investment Grade Audit report. 2. Engineering design 3. Construction management services 4. Installation of McKinstry Equipment including the following costs as specified in the scope of work: a. All costs paid by McKinstry for the installation of the equipment. This includes costs paid to subcontractors or directly to McKinstry personnel, when related to installation or system verification of McKinstry equipment. b. The portion of reasonable travel, lodging, and meal expenses of officers or employees incurred while traveling in discharge of duties connected with the work. McKinstry will comply with OFM guidelines for reimbursement of travel expenses. c. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of transportation thereof. d. Cost or rental charges, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers, which are consumed in the performance of the work in compliance with the General Conditions to the Main Energy Services Agreement. e. Cost of premiums for all bonds and insurance, which McKinstry is required to purchase and maintain. f. Sales, use, or similar taxes related to the Work and for which McKinstry is liable imposed by a governmental authority. g. Permit fees, royalties, and deposits lost for causes other than McKinstry's negligence. h. Losses and expenses not compensated by insurance or otherwise, sustained by McKinstry in connection with the work, in compliance with the General Conditions to the Main Energy Services Agreement. i. Demolition cost and cost of removal of all debris unless specifically excluded within the Scope of Work. j. Costs incurred due to an emergency affecting the safety of persons and property. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 296 Page 66 4. Project Financials k. Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner and DES. I. Contingency as defined in Section 4.4. m. Allowances as defined in Section 4.5. n. Cost of equipment startup, training, system verification, and balancing performed by McKinstry. o. Construction Bonds (including Performance & Payment Bond), Liability Insurance, and Builder's Risk Insurance. p. McKinstry fee. This includes McKinstry's remuneration for compensation of personnel, expenses, risks related to the project, overhead, and profit. q. McKinstry shall provide a Schedule of Values. The schedule of values will include all costs related to the installation of McKinstry's equipment. 4.4 Construction Contingency A construction contingency as identified in Table 4.1— "Budget Summary" has been established for this project. McKinstry can expend the contingency after a change order has been approved by the Owner, McKinstry, and the DES Project Manager for items necessary to complete the original scope of this project. The intent of the contingency is for "unforeseen conditions" beyond what was originally estimated. McKinstry and the Owner and DES will jointly manage any contingency left after the project scope is completed. All unused construction contingency funds shall reduce the overall project cost to the Owner. 4.5 Allowances McKinstry may set aside allowances as identified in Table 4.1- "Budget Summary" for specific areas of work that have been identified as a potential cost impact but cannot be determined at this stage. Should the allowance not be adequate, the Owner and the DES Project Manager will be advised. McKinstry will be compensated for any additional costs via Change Order to the contract should the Owner and the DES Project Manager agree. In extreme situations, McKinstry may request additional funds to cover cost overruns that could not have been foreseen by either party. Allowances are to be agreed upon by the Owner and DES. 4.6 Ongoing Services Refer to Table 4.1 for the cost and duration of any ongoing services. 4.7 Accounting Records McKinstry shall check all material, equipment, and labor entering into the worksite and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The Owner and the DES Project Manager shall be afforded access to all McKinstry's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Contract, and the McKinstry shall preserve all such records for a period of seven years, or for such longer period as may be required by law, after the final payment. 4.8 Reconciliation of Labor & Material Costs The maximum project allowable cost is based on firm negotiated bids or estimated labor and material costs developed by McKinstry. In recognition that actual Labor & Material costs may vary from the estimate, the following procedures are established to reconcile this difference: CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 67 297 4. Project Financials 1. If the total maximum guaranteed project cost at completion exceeds the estimated amount (plus contingency), the additional costs will be borne by McKinstry at their expense. 2. If the total project costs at completion are less than the estimated proposal amount (less contingency), the savings will be retained by the Owner. 3. There shall be no cost savings split between the Owner and McKinstry. The following Figure 4.A outlines proposed procurement and payment reconciliation methods. Changing the proposed method of reconciliation after the acceptance of the Proposal may require an adjustment to the Guaranteed Maximum Project Cost. DEFINITIONS: Major Equipment: Major Equipment is any single piece of equipment purchased by McKinstry with a value over $5,000. Negotiated: Construction contract value is to be established through negotiations with a select or single contractor (i.e. owner preferred controls contractor, mechanical contractor, etc.). Bid: Construction contract value is to be established through a bid process based upon formal bid documents including plans and specifications which will be bid to a minimum of two (typically three) pre -qualified contractors as approved by McKinstry and the Owner. Self -Perform: McKinstry intends to perform work with McKinstry personnel. Schedule of Values (SOV): Cost shall be substantiated with a properly executed invoice from the subcontractor or supplier that matches the schedule of values in their contract or purchase order. Time & Materials (T&M): Published sell rates will be established prior to issuance of contract to subcontractor or commencement of work by McKinstry. A monthly labor and material report will be provided which will include labor hours and dollars per individual, and material and equipment invoices. Firm: Fees that are negotiated prior to proposal and are not reconciled at the end of the project. fiyure 4.A CONSTRUCTION COST CATEGORY (REF TABLE 4.1) PROPOSED CONSTRUCTION METHOD END OF PROJECT — RECONCILED Controls Systems Major Equipment Sheet Metal Electrical Negotiated Subcontract Sole Source Negotiated Subcontract Bid Subcontract Bid SOV SOV SOV SOV 298 CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 68 4. Project Financials TAB/Start up Self -Perform SOV Commissioning Self -Perform SOV General/Other Self -Perform T&M Change Order (CO) As Specified in CO T&M Fees Self -Perform Firm 4.9 Compensation 1. TERMS: Net 30 days (45 days for State Treasurer payments) from the date of invoice, monthly billings as the job progresses. 2. PAYMENTS: At a minimum, payments will be made in the amount of 100% at the completion and implementation of any individual facility improvement measure (FIM) in the amount of that FIM as delineated in the contract. If more than one FIM is completed in a monthly period, all those FIMS will be paid. 3. FINANCE CHARGES ON UNPAID BALANCES: Payments due and unpaid shall be subject to interest charges within 30 days (45 days for State Treasurer payments) of receipt of a properly completed invoice per RCW 39.76. Finance charges will be calculated on the un-paid balance per RCW 39.76 which specifies the interest rate shall be one percent per month but not less than one dollar per month on amounts due beyond 30 days. Interest charges will be calculated daily, compounded monthly. Charges accrue until balances are paid in full. 4. CONSTRUCTION PERIOD FINANCE CHARGES: McKinstry may charge construction period finance charges for projects, independent of financing method, whereby the anticipated billing lags the earned schedule of values by more than 90 days. If Owner controlled schedule delays occur during the progress of the project, McKinstry may request additional finance charges be added to the project. Construction period finance will be calculated on the un-paid balance at the rate of Prime + 2% per annum. Interest charges will be calculated daily, compounded monthly. Charges accrue until balances are paid in full. 5. McKinstry and the Owner will work together to minimize finance charges. 6. SUBSTANTIATION OF FINANCE CHARGE: McKinstry will do an accounting of finance charges progressively through the project, and at contract completion submit a change request itemizing the summary of additional costs for implementation. The contract will then be increased to reflect the same and finance charges will be paid within 30 days of the date of approved substantiation. 4.10 Financing McKinstry enjoys over 55 years of experience within the engineering and contracting industry and its financial strength exceeds the industry average. This strength makes it possible to provide and assist with the financing needs of its customers. Long standing relationships with vendors assures reasonable pricing and excellent payment terms. LONG-TERM FINANCING: The Owner has several options available for long term permanent financing. The Washington State Treasurer's Office can provide financing. Third Party financing is also available. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 69 299 4. Project Financials 4.11 Termination Value Should the owner choose to finance the project through McKinstry, a schedule will be provided showing the termination value of the financing agreement for each year during the term of the agreement. 4.12 Terms of Agreement The Contract shall be effective and binding upon the parties immediately upon its execution and the period from contract execution until the Commencement of Energy Savings Date shall be known as the "Interim Period". All energy savings achieved during the interim period will be fully credited to the Owner. 4.13 Insurance & Bonding McKinstry shall provide a payment and performance bond and builders Risk Insurance. For The Purposes of This Agreement, the "Sum Amount of Bond" Shall Be (See Table 4.1 —"Budget Summary"). 1. The bond amount consists of Labor and Materials and State Sales Tax. 2. This bond does not include any construction contingencies. 3. Certificates of General Liability Insurance will be provided prior to Contract Signing. The State of Washington shall be named as An Additional Insured on all insurance certificates. McKinstry shall provide a payment and performance bond in the amount of 100% of the construction cost, as defined in the General Conditions to the Main Energy Services Agreement. The amount shall include all authorized changes and state sales tax. The Bond shall be in the form attached to the Conditions of the Main Energy Services Agreement. The Contract listed on the bond form shall be the Addendum No. and Agreement No., which incorporates the work, and the "Contract Date" shall be the date of the Authorization. The full and just sum of the Bond shall be as defined above and shall include the actual cost of purchasing and installing McKinstry's Equipment. The Bond shall specifically exclude coverage for those portions of the Energy Services Agreement and/or Energy Services Agreement Authorization pertaining to design services, energy cost savings guarantee, maintenance guarantee, utility incentives, efficiency guarantees, and any other clauses which do not relate specifically to construction management and supervision of work for purchasing and installing of McKinstry's Equipment, or for work to be accomplished by the Owner. The Bond shall be with a Surety or Bonding Company that is registered with the State of Washington Insurance Commissioner's Office. While McKinstry stands behind our safety record, we cannot control the work flow around items we have no control over. At no point does McKinstry assume any responsibility for the loss of use of any equipment and we exclude any and all claims for consequential damages therein. 4.14 Diverse Business Participation Goals for this Project McKinstry has established the following diverse business participation goals for this project in consultation with the Owner and the DES Energy Program. McKinstry will not be able to meet the McKinstry standard Inclusion Plan diverse business participation goals for the following reasons: (1) Significant portion of the scope and cost is building controls and invited buildings controls contractors did not meet the requirements. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 300 Page 70 4. Project Financials (2) McKinstry has provided information and training to many potential subcontractors, suppliers, and consultants on how to register for the State certifications. (3) The following tables are a list of diverse subcontractors or suppliers who may provide services or assistance on this project, and project specific inclusion goals. Figure 4.D State Certification Category Minority -owned business Women -owned business Veteran -owned business Small/mini/micro business Total McKinstry Standard Inclusion Plan 10% 6% 5% 5% 26% For this Project: Percentages for Construction 0% 0% 0% 0% 0% For this Project: Percentages for Professional Services 0% 0% 0% 0% 0% 4.15 Apprenticeship This Energy Services Proposal acknowledges the minimum levels of apprenticeship participation of 15% for construction contracts of one million dollars or more per the 2023 General Conditions Section 10.16. McKinstry will upload the Apprenticeship Utilization Plan to the Labor and Industries site and provide a copy to DES and the Owner prior to initial invoice if applicable. 4.16 Cost Effectiveness Criteria The following table describes how this project meets the cost effectiveness criteria for implementation as indicated in the IGA proposal dated 10/09/2023. Figure 4.E Cost Effective Criteria How Criteria were Met • Priority system and scope; necessary system upgrades. The implementation scope was reduced to align with City's system failure risks and priority, Available Budget. The full building controls upgrade was necessary as the existing system is obsolete with no parts or programming support impacting the feasibility of boiler upgrades. • Investigate potential for grants and rebates to help buy -down the total cost of the project (not guaranteed). Grants and rebates were investigated and the resulting estimated values are included in Table 4.2. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER Page 71 301 4. Project Financials 4.17 Direct Purchase Equipment Warranty Cost City of Tukwila Construction Management Fee Calculation Breakout Direct Purchase Equipment Warranty Cost as CM Fee Project Equipment Cost $ 109,169 Equipment Warranty Cost $ 5,458 CM Fee Before Warranty $ 60,314 Equipment Warranty cost Add to CM Fee $ 5,458 Total CM Fee Shown in Table 4.1 $ 65,773 McKinstry is proposing to purchase major equipment directly on this project instead of having subcontractors purchase the equipment. This will reduce the subcontractor markup (estimated $13,000) on the equipment and allow earlier ordering of lead time critical equipment, improving project cost and schedule. The subcontractors will not carry warranty on the equipment in this arrangement, so McKinstry has proposed an amount to cover this equipment warranty, which is less that would be chargers by the subcontractors and results in a net cost savings to the project. CONFIDENTIAL & PROPRIETARY I TUKWILA COMMUNITY CENTER 302 Page 72 Table 4.1 - Budget Summary Project Scenario Date City of Tukwila Tukwila CC - Controls and Boiler Plar 5/2/2024 For Th instry ife Of Your Building Database ID FIM Name Mechanical Electrical EMCS Lighting General Equipment Other Total 51724 I01.01-TCC Controls and Boiler Plant Upgrades Total Base FIM Cost $ 345,152 $ 81,291 I $ 234,904 I $ Cl.7�1.7 27.876 $ 109,169 $ 97,283 27,876 $ 109,169 $ $ 895,675 97,283 $ 895,675 A. Construction Costs onstruction Bonds & Insurance 1.50 % Percent of Subtotal (FIM Cost and A) Total Construction Cost 13,435 909,110 B. Professional Services Costs Audit Fee Lump $84,000 $ 84,000 Design % 9.00% Percent of Total Base FIM Cost $ 80,611 Const. Management & Proj. Admin Lump $65,773 $ 65,773 Overhead % 10.00% Percent of Total Construction Cost $ 90,911 Profit (Fee) % 8.00% Percent of Total Construction Cost $ 72,729 Total Professional Services Cost $ 394,024 C. Other Project Costs Project Contingency % 5.00% Percent of Total Base FIM Cost 40,639 Performance Assurance (M&V) Lump $12,554 $ 12,554 Total Other Project Cost 53,193 E. Total Guaranteed Construction & ESCO Services (A + B + C + D) $ 1,356,327 Interagency Fee Lump $51,600 Percent of Section E $ 138,345 51,600 Total Non -Guaranteed Cost G. Total Maximum Project Cost (E + F) H. Allotments (NIC) Repair Allowance Lump $15,000 $ 15,000 Temporary Heating Allowance Lump $30,000 $ 30,000 AHU-1,2,4 SF & RF Motor Replacement, IGV to VFD Upgrade, AHU refresh Lump $144,147 $ 144,147 Total Allotments Page 73 is 01 Your Building Table 4.2 - Facility Improvement Measure (FIM) Summary Project Scenario Date City of Tukwila Tukwila CC - Controls and Boiler Plant May 3, 2024 R Facility Improvement Measures FIM Description IFacility Budget * Annual Utility Savings Annual Operational Savings ** Potential Incentives *** 01.01-TCC Full Building Controls and Boiler Plant Upgrades This measure will upgrade the boiler plant with new high efficiency condensing boiler and new pumps with variable speed operation. The controls system for the full building will be upgraded to a new BACNet based system. All other equipment will be reused and remain as -is. Tukwila Community Center $1,546,271 $26,386 $2,500 $44,000 Totals $1,546,271 $26,386 $2,500 $44,000 * Since design cost, audit cost, etc. are distributed among the FIMs, the total project cost will not go up or down by exactly the amounts shown here if a FIM or FIMs are dropped. ** For non recurring operational savings, the values are averaged over the 30 year length of this analysis. *** Incentives are contingent on final approval and are not guaranteed. Funds are shown for reference only. Confidential and Proprietary Sheet 1 of 1 Page 74 nstry a. m n« arMso Energy Services Performance Contracting 2024 Labor Rates - 1st Edition Title - Classification Regular Time Overtime Double Time Service Rates (#) Standard Rate (*, t) Contract Rate (*, t) 199 184 298 275 398 367 Construction Field Rates (#) Trade Project Manager Plumbing/Pipefitter (*) Sprinkler Fitter (*) Sheet Metal (*) Electrician (*) Lighting Maint. Worker (*) Carpenter (*) Laborer Warehouse/Driver (*) 159 179 169 156 182 67 127 86 116 0 269 254 234 273 101 191 129 174 0 358 338 312 364 134 254 172 232 Commissioning/TAB/Start Up Rates (#) Cx Lead Sr. Cx Engineer (*) Cx Engineer (*) Cx Specialist (*) Cx Technician (*) TAB Technician (*, t, #) Start-up Technician (*, t, #) 200 189 174 162 139 201 214 0 283 262 243 208 301 321 0 377 349 324 277 402 428 Technical Services Rates (Fac Assessment, Fac Operations, System Integration) TS Sr. Project Manager TS Project Manager Lead Engineer/Consultant Senior Engineer/Consultant Engineer/Consultant Specialist 223 200 213 206 200 176 0 0 0 0 0 0 0 0 0 0 0 0 Site / Staff Rates Site Superintendent (*) Site Coordinator Site Safety (*) Project Engineer Purchasing / CSR / Dispatch Administrative Assistant 196 114 162 167 119 114 294 171 0 251 179 171 392 228 0 335 239 228 • All -Inclusive Rates per L&I Prevailing Wage Tables and Authorized Allowances per General Conditions for Washington State Facilities Construction • Regular Time - Monday thru Friday, from 6:30 AM to 3:00 PM # - Shift Premiums (2nd and graveyard) percentage based on respective trade agreements * Truck & Rental Costs per WSDOT/AGC (Premedia) Blue Book at the Stand -By Rate (No Fuel Cost). 3RD Party Rental Cost per Actual Invoice. t - Safety, Consumables & Small Tools Expense per GCs for WA ST Facilities Construction Proprietary & Confidential POC: robertha@mckinstry.com EffectivRage 0Z511/2024 2024 McKinstry Energy Services Billing Rate March Update Expiration Date 08/31/305 306 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 05/20/24 JR ITEM INFORMATION ITEM No. 6.A. STAFF SPONSOR: ADAM COX ORIGINAL AGENDA DATE: 05/20/24 AGENDA ITEM TITLE 42nd Ave S Bridge Replacement Project — Detour Bridge Discussion CATEGORY I1 Discussion 5/20/24 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑Pe.,R ❑Police 11PW ❑Court SPONSOR'S SUMMARY Project staff, stamping structural engineer, and the permit liaison recommend that the detour bridge not be constructed during the replacement of the 42nd Ave S Bridge replacement due to the discovery of the Native American traditional fishing access to the Duwamish River and a culturally sensitive site. the design and project team have discussed the risks that would be associated with constructing the detour bridge as well as removing the detour bridge from the project. ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance ❑ LTAC ❑ Arts Comm. ❑ Parks DATE: COMMITTEE Comm. Comm ❑ Planning/Economic Dev. REVIEWED BY ❑ Planning Comm. CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Forward to Regular New Business Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/20/24 MTG. DATE ATTACHMENTS 05/20/24 Informational Memorandum dated 05/17/24 Powerpoint Presentation 307 308 City of Tukwila Public Works Department - Had Ponnekanti, Director/City Engineer Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Full Council Meeting FROM: Hari Ponnekanti, P.E., Public Works Director/ City Engineer BY: Adam Cox, P.E., Interim Traffic Engineer CC: Mayor Thomas McLeod DATE: May 17, 2024 SUBJECT: 42nd Ave S Bridge Replacement Project — Detour Bridge Discussion ISSUE Project update on the 42nd Ave S Bridge detour discussion of the temporary bridge. BACKGROUND The 42nd Ave South Bridge is an important arterial that crosses the Duwamish River and connects the City of Tukwila to surrounding communities and resources. The bridge serves over 10,000 vehicles daily, as well as pedestrians and cyclists connecting to the Green River Trail, the Tukwila Community Center, the Tukwila Park & Ride, and the Allentown neighborhood. It was built in 1949 and designed to last 50 years; it has exceeded its original design life by over 20 years. On December 15, 2021, an over height truck struck multiple members of the bridge truss system. Flame On, Inc., a structural steel heat straightening contractor, was then contracted to make the structural repairs to the bridge. The repairs to the bridge allowed it to open with load restrictions that would accommodate only one-way travel, and on April 4th, 2022, the bridge was reopened in the southbound direction only. It was determined that the best way to have vehicles leave the Allentown neighborhood was to use the traffic signal at Interurban Ave and 42nd Ave S. In November of 2020, Council awarded a design contract to TranTech Engineering, LLC (TranTech) to create an ad -ready design for the 42nd Ave S Bridge Replacement. The project received grant funding ($31.5M) in early 2022 with awards from Puget Sound Regional Council (PSRC), the Local Bridge Program (WSDOT), and Move Ahead Washington. The project has since completed the industry standard milestones of the Type, Size, and Location (TS&L) report, 30% plans and estimate (P&E) review, 60% P&E review, and the 90% P&E submittal. Throughout the TS&L report, 30% P&E, 60% P&E, 90% P&E milestones the timeline for ad -ready plans was extended due to external permit review/acceptance delays. At the 30% P&E submittal milestone, TranTech's permit subconsultant began verifying what agencies require permit applications, but the permitting agencies would not field/take applications for permits until after the 30% P&E threshold was complete. With the transition to 60% P&E, permit agencies informed project staff that internal permit processes required additional time for review and acceptance. With a continuing understanding and external communication of the required permit applications and timeline, the timeline has now been adjusted to have advertisement ready documents ready in late 2026 or early 2027. For the bridge replacement, the project team is continuing to coordinate with over 10 different state and federal organizations for permit applications/acceptance. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 309 42nd Ave S Bridge Replacement Project — Detour Bridge Discussion May 17, 2024 Page 2 Given new specific details of the 90% P&E submittal, TranTech's permit subconsultant has the information needed to complete the required material for all the permits listed in the permit table attached to the info memo. The team has been informed by WSDOT that many of the permits happen in sequence and cannot be applied/awarded at the same time. The City continues to coordinate with our granting authorities. Staff have connected with WSDOT Local Programs, the WSDOT Bridge Engineer, and our state lobbyist to ensure that the obligation deadlines will be extended to match the new construction schedule. ANALYSIS In accordance with the National Historic Preservation Act of 1966, the bridge replacement project is required to perform a historic analysis given the age of the bridge and the location of replacing the structure. During the analysis, it was discovered that there are two cultural resources that are impacted by this project. The two resources that are impacted are the Native American traditional fishing access to the Duwamish River and a culturally sensitive site. These two cultural findings added to the permit application delays as a cultural survey was required to better understand the sites. When project staff were informed of the culturally sensitive items that contributed to the permit delay, the team began to study ways to decrease the delay so that construction could start earlier. One methodology discussed and analyzed was removing the temporary detour bridge from the project. During the analysis, the design and project team studied the risks that would be associated with constructing the detour bridge as well as removing the detour bridge from the project. The associated risks for not constructing the detour bridge and constructing the detour bridge are listed below. Risks: - Constructing the detour bridge o The temporary detour bridge alignment disturbs a known Duwamish site. The cultural survey was sent to the Duwamish Tribe per the request from the WSDOT Archaeologist. The comments received from the Duwamish tribe is they strongly preferred the project to not disturb their sacred site. The comments received from the Snoqualmie tribes where they trusted that WSDOT will implement proper protocols for the project. We have not received comments from the Muckleshoot and the Yakima tribes. o Given the complexity of the site and materials to construct the detour bridge, the construction will cost between $4,000,000 to $6,000,000. The temporary bridge is a rented piece of equipment, any delay in the schedule will increase the project costs. o At the start of construction, the contractor will prioritize the construction of the detour bridge. This diverts the contractor from prioritizing the demolition of the current bridge which requires work within the first fish window in July 2027. If the contractor misses this window, the construction team will not be allowed to perform in -water work until July 2028. This extends the construction timeline from 2 fish windows to 3 fish windows. Possibly delaying the construction timeline by one year. Not constructing the detour bridge o Given the removal of an access/egress point to Allentown, there will be an increase in emergency response timing. o Currently there is a water and gas utility line attached to the underside of the current bridge. Without the temporary detour bridge, there is a challenge to rerouting the utilities. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 310 42' Ave S Bridge Replacement Project — Detour Bridge Discussion May 17, 2024 Page 3 NEXT STEPS Project staff will present the same information to the Allentown Community at the May 28, 2024, Allentown meeting. FISCAL IMPACT There are no fiscal impacts to the project at this time. The tables below illustrate the funding sources and amounts and the estimated costs for construction in 2017: Grant Funding Source Amount Puget Sound Regional Council $1.5 Million Move Ahead Washington $17 Million WSDOT Local Bridge Program $12 Million Total $31.5 Million Project Phase Estimated 2027 Costs Design/Engineering $2 Million Construction with the detour bridge $31 Million Contingency for in -water pile removal $6 Million Total $39 Million RECOMMENDATION Project staff, stamping structural engineer, and the permit liaison recommend that the detour bridge not be constructed during the replacement of the 42nd Ave S Bridge replacement. ATTACHMENT: 42nd Ave S Bridge Presentation Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 311 312 42nd Ave S Bridge Construction Detour Presentation Adam Cox, PE City of Tukwila Public Works Adam.Cox@TukwilaWA.Gov 206.431.2446 w `'' May 20, 2024 Bridge History • 1920s — Bridge was designed. • 1949 — Bridge was built. • 2017 — Weight and speed restricted. The City decides to replace the bridge. • 2021 — TS&L Study selected steel girder bridge. Final design starts. • 2021— High -impact hit by freight truck. Traffic is reduced to one- way on the bridge. • 2024 — Design at 90% level. FIER ELFSO5SP 75 DE GE EVER SEAT I aPff STA SPAN 1 APPROACx SLAB l PER2 STA 13145.75 EL 316T' E EWER PIPE _CT IN PLACE, PSPG AS GIRDER +aa LR NC-09 DRILLED SHAFT GREEN PSVER TRAIL 10. WO DRILLED SHAVE EXIST EIER 2 [FORE REMOVED) SPAN EXISTING GREEN RIVER TRAIL (TO BE REKACm1 TDPOrOURS r 10P OF ROADWAY F PIER SA 1E. 2T5 El,0. e 'SEA BRIDGE PEDESTRIAN RAIL APPROACH SLAB 4' , 100-YR 1A.R,I. D. XMXCFS EL 16g. 10' Y _ .--.---- �WNI[P RUXXLCS E11OR—--.-- .— — --� STEEL PLATE -GIRDER JJ ..-----•MIN --__"-- -- r---ti MLR Tr, �'..-`- _ - �__._ - _- IXISTPIER S i,x5nr - jTO BE PEMOV 4nnrl' FI�NISHEDANO EXIST n i� n i� RTOF SURVEY LIVE BRIDGE ELEVATION EXISTING GROUND I' 2 I SLOPE S. CONE SLAB —S' OTd DRILLED S1NFr 42nd Ave S Bridge Replacement Project —Construction Detour Detour Bridge Facts MDR° I Costs (2027 Dollars, incl. PM, CM, ENG) Project timeline estimate — conservative — aggressive Adverse effect to culturally significant site Removing mature trees Impacting southwest side TCC green space access Impact on Splash Park Household Trips from _ to Truck route in and out of Allentown With Detour Bridge $42 Million 28 months 28 months Yes +20 trees Closed for extensive periods Reconstructed 6 to 13 minutes Two (limited size) Without Detour Bridge $36 Million 27 months 17 months No None Occasional brief closures No disturbance 9 to 16 minutes One (129th St Bridge) W 42nd Ave S Bridge Replacement Project Construction Detour 316 TO: City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, Interim City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, Interim City Administrator DATE: May 14, 2024 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • King County City Managers/City Administrators Meeting: Deputy City Administrator Mayer participated in a King County monthly City Managers/City Administrators meeting on May 1 where Association of Washington Cities provided a presentation summarizing the 2024 Legislative Session, Redmond facilitated a discussion on First Amendment Audits and WCMA and ICMA provided updates. • Association of Washington Cities (AWC) Labor Relations Institute: Interim City Administrator Wine, Deputy City Administrator Mayer and Human Resources staff attended the AWC Labor Relations Institute May 8-10 in Yakima. • Imperial Palace Casino Ribbon Cutting: Mayor McLeod and Councilmember McConnell attended a Ribbon Cutting Ceremony for the Imperial Palace Casino on May 10. II. Community Events • Community Recycling Event: A community recycling event will be held at the Tukwila Community Center on May 18. This free event is funded in part by grants from King County Solid Waste Division and Hazardous Waste Management Program and Washington State Department of Ecology. III. Staff Updates • Staff Transition. The City will enter into an agreement with a recruiting consultant to assist with the search for our next Finance Director. The recruiter will develop a position announcement and seek potential candidates for the position, including desired qualifications and community needs that the future Director can serve. The Council will be asked to provide input and be part of the search process. In the interim, the Mayor has asked Finance staff to assist with covering the Director's major duties. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 317 City Administrator's Report May 14, 2024 Page 2 Public Safety • Chick -fit -A Southcenter Hero Night: On May 2 Police Department staff participated in Chick-fil-A Southcenter Hero Night showing participants the inside of a patrol car, as well as the Polaris, and handing out K9-Raider stickers. • Community Police Academy Graduation: On May 7 the 2024 Community Police Academy held a graduation ceremony for the students that dedicated their time to the 10-week program to learn about how the Tukwila Police Department runs and the roles of commissioned officers and non-commissioned staff. Project Updates • Green River Trail Improvements Estimated Completion: Aug 2024 Construction of 700 linear feet of concrete multi -use trail within the right-of-way of the Green River Trail started at the beginning of April 2024 with fine grading for concrete trail. Concrete pours should begin shortly. • Chinook Wind Public Access Project Estimated Completion: Jun 2024 Enterprise -funded construction project to build a public trail around King County's new Chinook Wind Mitigation site. The contract has been suspended to allow the contractor time to recover from illness and submit the required documentation. • Stewardship: o The Washington Department of Fish and Wildlife collaborated with Green Tukwila to bring an Urban Birding 101 workshop to Tukwila. The event was well attended. o EarthCorps and Parks & Recreation staff hosted a detailed site visit of Riverton Park to explore the workflow for the Department of Natural Resources Grant, which will provide much -needed funds to support the dying tree canopy and remove invasives from the park's natural area. o Big Picture School rounded out Earth Month with a service -learning day. Students removed ivy and searched for salamanders above the playground at Crystal Springs Park. o REI hosted a litter clean-up event at Bicentennial Park and along the Green River Trail. o Duwamish Hill Preserve is in full bloom with Lupin, Camas, and Serviceberry. All these native plants have been planted by volunteers and are thriving. Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for May 15, 2024. VACANT: Student Representative. • Civil Service Commission: The next meeting is scheduled for May 16, 2024. 1 vacant position. 1 application received. • COPCAB: The next meeting is scheduled for June 13, 2024. VACANT: 1 School District Representative and Student Representative. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 318 City Administrator's Report May 14, 2024 Page 3 • Equity & Social Justice Commission: The next meeting is scheduled for June 6, 2024. 1 City Employee position term expires March 31, 2025. 1 Education/Community position term expires March 31, 2025. 2 Community positions terms expire March 31, 2025. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for May 16, 2024. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for June 4, 2024. 4 Resident position terms expire March 31, 2025. VACANT: 1 Resident position. • Lodging Tax Advisory Committee: The next meeting is scheduled for June 14, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for June 12, 2024. 3 Community position terms expire March 31, 2025. No vacancies. • Planning Commission: The next meeting is scheduled for May 23, 2024. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 319 320 UPCOMING MEETINGS AND EVENTS MAY AND JUNE 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. MAY 20 MON May 21 TUE May 22 WED MAY 23 THU MAY 24 FRI MAY 25 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting KING COUNTY BAR NEIGHBORHOOD LEGAL CLINICS NEIGHBORHOOD LEGAL CLINICS INFO SESSION KCBA will provide information about the program. First come, first served. 10:30 AM - 1:00 PM Tukwila Library 14380 Tukwila Int'l Blvd Click here for information. * Special Transportation and Infrastructure Services Meeting` 5:30 PM 6300 Building - 2"d Floor Duwamish Conference Hybrid Meeting Give Blood = Save 3 Lives �0 URGENT NEED THIS SPRING! DONATE AND ENTER TO WIN A $1,000 GIFT CARD! It takes 1,000 donors a day to sustain a blood supply for patients in our community. Click here to schedule an appointment. Or call 1-800-398-7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Click here for information. * Planning Commission 6:30PM City Hall Council Chambers Hybrid Meeting i` ` Tukwila A SCHOOL DISTRICT THE LIGHNING THIEF MUSICAL Join Percy Jackson as he embarks on a thrilling journey through a fantasy world. May 24 & 25 7:00 PM May 26 2:30 PM Foster High Performance Arts Center 4242 S 144th St Click here for information. KIN U COUNTY LiiRAAY tea SYSTEM COMMUNITY RESOURCE FAIR Serves community members in need of support. Social service providers will be available to help connect attendees with resources such as health care, education, legal clinics and more. Reasonable accommodation for people with disabilities is available by request. 11:30 AM - 2:30 PM Tukwila Library 14380 Tukwila Int'l Blvd Click here for information. MAY 27 MON May 28 TUE May 29 WED MAY 30 THU MAY 31 FRI JUN 1 SAT * * * * * * SEATTLE SOUTHSIDEO CHAMBER OF COMMERCE SMALL BUSINESS SUPPORT RESOURCE FAIR Free drop -in resource fair for technical assistance to new and current small business owners. 10:00 AM - 2:00 PM Westfield Southcenter Mall SkyTerrace Level 2800 Southcenter Mall Click here for information. 1.4 King County PET LICENSE LATE FEES WAIVED THRU JUNE 30! A pet license provides peace of mind should your pet get lost. King County reunited 831 lost pets with their owner last year. Your license also helps fund vital, life-saving work. 8:30 AM - 4:00 PM Mondays - Thursdays Tukwila City Hall 6200 Southcenter Blvd Or license online here. Or call 206-296-2712. RA, MEMORIAL DAY REMEMBER AND HONOR No City Council or Committee meetings due to the holiday. City offices and Community Center closed. SYMPHONIC POPS! Featuring Blush Fox Trio and songs from Great American Songbook. June 1 7:30 PM June 2 3:00 PM Foster High Performance Arts Center 4242 S 144« St Click here to buy tickets. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM - 4:00 PM FREE RECYCLING COLLECTION EVENT MAY 18 9:00 AM-3:00 PM TUKWILA COMMUNITY CENTER - 12424 42ND AVE S sz Click here for information. Or call 206-938-8262. FREE FAMILY HEALTH & FITNESS DAY JUNE 8 9:00 AM -12:00 PM TUKWILA COMMUNITY CENTER -12424 42ND AVE S 9OB Free family and pet event includes Pet Friendly 3K Fun Run/Walk, fitness stations, fitness room, pickleball, basketball, corn hole, healthy snacks and much more! Click here to register. FREE PUZZLE PARTY SOCIALS AGES 8 AND UP JUN 13, JUL 11 & AUG 8 6:00 PM - 8:00 PM TUKWILA COMMUNITY CENTER This is a monthly social gathering to swap puzzles or practice for our next Puzzle Palooza. NEIGHBORHOOD WATCH GROUP HELP Police Community Engagement Coordinator can help to create a neighborhood watch group in your neighborhood and apartments. Click here to email Brooke Lamothe. FREE CRIME PREVENTION SURVEY FOR BUSINESSES TO ENHANCE SECURITY Police Community Engagement Coordinator will visit your business to conduct a security assessment and recommend making your business more secure. Allow up to 2 weeks for an appointment date confirmation. Click here to make an appointment. jirj FOOD BANK OPENS: TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:30 PM 3118 S 140TH ST, TUKWILA %r,-r,4cc VOLUNTEERS - In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. a..? DONORS - Please donate at tukwilapantry.org/please-donate/. Donations can be dropped off on Tuesday -Saturday from 8 AM -11 AM or by appointment. Click here for a current list of items in need. STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. VOLUNTEERS NEEDED ON WEDNESDAYS. Pack snacks every Wednesday at 9:30 AM. ' -..- 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. r�� .w .-w, r -.' k Iral OF ++,1 KING FREE ONLINE TUTORING AND HOMEWORK HELP FOR GRADES K THRU 12 COUNTY Use a computer, tablet, smartphone or home phone to connect with tutors by phone or on Zoom. Click here for information. LIB,. srsTBN FUN ACTIVITIES AND OTHER EVENTS AT TUKWILA LIBRARY Click here for information. FREE EMPLOYMENT SERVICES AND SKILLS TRAINING PROGRAMS This is a monthly event hosted by Puget Sound Training Center. Reasonable accommodation for people with disabilities is available by request. Click here for information. Recology. SCHEDULE YOUR FREE BULK ITEM PICKUP! Rt Tukwila residents can schedule a pickup of up to 4 free non -appliance bulky items, plus extra trash and smaller items. Click here for information. To schedule pickup, call 206-944-3900 or email Tukwila@recology.com. 321 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — MEETING 3 — C.O.W. REGULAR MEETING 4— C.O.W. MAY 6 See below links for the agenda packets to view the agenda items: May 6, 2024 Work Session May 6, 2024 Regular Meeting MAY 13 See below links for the agenda packets to view the agenda items: May 13, 2024 Committee of the Whole Meeting MAY 20 See below links for the agenda packets to view the agenda items: May 20, 2024 Work Session May 20, 2024 Regular Meeting MAY meeting Community 27 * * * * * MEMORIAL DAY REMEMBER & HONOR Committee of the Whole cancelled due to the holiday. City offices and Center closed. MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JUNE 3 WORK SESSION Utility Rate Study: Revenue Requirements and Cost of Service Analysis. REGULAR MEETING PRESENTATIONS - Introduction of the "Tukwila, City of Opportunity Scholarship" recipients. - Climate Change Capstone project presentation. - Equity Index Capstone project presentation. CONENT AGENDA - Authorize the Mayor to accept the TIB Complete Streets grant for the 2024 Overlay Program in the amount of $400,000.00. - Award a bid and authorize the Mayor to sign a contract for the Sewer Lift Station #5 Retrofit project, in the amount of $1,110,000.00. - Authorize the Mayor to sign a contract for the 2024 Pavement Condition Index (PCI) study. - Authorize the Mayor to sign a contract for a Citywide traffic signal assessment, in the amount of $176,622.00. - Authorize the Mayor to sign contract amendment for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project, in the amount of $400,000.00. - Authorize the Mayor to sign contract amendment for the South 131t Place Drainage Improvement project, in the amount of $139,733.00. UNFINISHED BUSINESS Budget discussion. JUNE 10 PUBLIC HEARING A resolution adopting the 2025-2030 Transportation Improvement Program. SPECIAL ISSUES - A resolution adopting the 2025-2030 Transportation Improvement Program. - An ordinance updating the City's Tax Codes. - Ordinance adopting Franchise Agreement with Intermountain Infrastructure Group. JUNE 17 WORK SESSION Ordinance relating to tenant protections. REGULAR MEETING CONSENT AGENDA - Ordinance adopting Franchise Agreement with Intermountain Infrastructure Group. - Ordinance revising TMC 3.14 "Sales and Use Tax for Affordable Housing". UNFINISHED BUSINESS - An ordinance updating the City's Tax Codes. - Update on Surface Water Comprehensive Plan. - A resolution adopting the 2025-2030 Six -Year Transportation Improvement Program. JUNE 24 SPECIAL ISSUES - 2024 Council meeting schedule. - Ordinance updating Accessory Dwelling Unit (ADU) regulations. 322