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Home My WebLink AboutReg 2024-08-05 COMPLETE AGENDA PACKETMonday, Tukwila City ❖ REGULAR Council Agenda MEETING ❖ A © 905 ' Thomas McLeod, Mayor Counci/members: ❖ De'Sean Quinn •3 Tosh Sharp Marty Wine, CityAdministrator ❖ Armen Papyan ❖ 7ovita McConnell Mohamed Abdi, Council President ❖ Dennis Martinez + Hannah Hedrick N-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD EMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join ' icrosoft Teams eetinq For Technical Support: 1-206-433-7155 August 5, 2024; 7:00 PM • Ord #2732 • Res #2100 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 on -site at Tukwila City Hall items both on and not on the To provide comment via phone citycouncil@tukwilawa.gov comments may verbally address the City Council both or via phone or Microsoft Teams for up to 5minutes for meeting agenda. or icroso Tea s, please email with your name and topic by 5:00 PM on the meeting date. your message is for public comment during the meeting, and Please clearly indicate that you will receive further instructions. 4. PROCLAMATIONS A proclamation in support of August 6, 2024, as "National Night Out Against Crime" in the City of Tukwila. Pg.1 5. CONSENT AGENDA a. Approval of Minutes: 7/22/24 (Spec/al Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign an agreement with Parametrix for design services for the Sewer Lift Station 12 Upgrade project, in the amount of $221,304.58. [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 7/22/24] d. Authorize the Mayor to sign Amendment no. 1 to contract #23- 019 with PACE Engineers for Sewer Lift Station #5 Rebuild project, in the amount of $129,476.30. [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 7/22/24] e. Authorize the sole source purchase of eleven Sensus Large Water Meters from Ferguson for the Large Meter Water Replacement project, in the amount of $123,531.27 [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 7/22/24] (continued...) P9.3 Pg.37 Pg.65 REGULAR MEETING August 5, 2024 Page 2 5. CONSENT AGENDA (cont.) f. Authorize the Mayor to sign a contract with HdL Companies for a tax and licensing software, in the amount of $104,000.00 for a 2- year term. [Reviewed and forwarded to consent by the Finance and Governance Committee on 7/22/24] Pg.77 6. UNFINISHED BUSINESS An ordinance adding a definition for Tiny Home Villages; Establishing a new Tukwila Municipal Code (TMC) Section 18.50.240 to regulate temporary Tiny Home Villages; Amending TMC Section 18.50.270 and Table 18-6, "Land Uses Allowed by District." pg,133 7. NEW BUSINESS Authorize the Mayor to sign the Participation Form and Allocation Agreement III through the One Washington Memorandum of Understanding between Washington Municipalities to accept opioid settlement funds obtained from Kroger Co. pg.151 8. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.155 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT This agenda is available (Tukwila Council at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. meetings are audio and video taped. Available at www.tukwilawa.gov) `'►` If you are in need of translation or interpretation services at a Council meeting, 1.nr please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. Collective •.� CLOSED SESSION ❖ Bargaining — Pursuant to RCW 42.30.140(4)0b) Location: Hazelnut Conference Room (CR #3) 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: tt s:// .tu ila aov/e a ents/city-council/ Office of the Mayor City of Tukwila, Washington PROCLAMATION WHEREAS, the National Association of Town Watch (NATW) sponsors an annual nationwide crime, drug and violence prevention program on the first Tuesday of each August entitled National Night Out; and WHEREAS, National Night Out provides a unique opportunity for the City of Tukwila tojoin forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, The City of Tukwila plays a vital role in assisting the Tukwila Police Department through joint crime, drug and violence prevention efforts in the City of Tukwila; and WHEREAS, it is essential that all community members in the City of Tukwila be aware of the importance of crime prevention programs and the impact their participation can have on reducing crime, drugs and violence in the City of Tukwila; and WHEREAS, police -community partnerships, neighborhood safety, awareness, and cooperation are important themes of the National Night Out program; NOW THEREFORE, I, Thomas McLeod, Mayor of the City of Tukwila, do hereby proclaim August 6, 2024: National Night Out Against Crime in the City of Tukwila and encourage community members tojoin me, the Tukwila Police Department and the National Association of Town Watch in supporting this event. Presented this fifth day of August, 2024. (*mot 4 Thomas McLeod, Mayor 1 2 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 08/05/24 JR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 08/05/24 AGENDA ITEM TITLE Sewer Lift Station 12 Upgrade Design Services Agreement CATEGORY ❑ Discussion Mtg Date 11 Motion Mtg Date 08/05/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR Council QMayor ❑HR DCD Finance EFire ❑TS ❑P&R Police ®PIF Court SPONSOR'S Parametrix was selected as the primary design consultant due to their familiarity with the SUMMARY sewer lift station. Further degradation of Lift Station 12 has moved the project up in priority. The funds required to complete the design will be provided by cost savings from the 2023 Annual Sewer Repair Project. Council is being asked to approve the design agreement with Parametrix in the amount of $221,304.58 for the Sewer Lift Station 12 Upgrade project. REVIEWED BY 11 LI DATE: Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. E Planning/Economic Dev. LTAC ❑ Arts Comm. ❑ Parks Comm. [1 Planning Comm. 07/22/24 COMMITTEE CHAIR: ARMEN PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department Comm FIEE Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $221,304.58 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/05/24 MTG. DATE ATTACHMENTS 08/05/24 Informational Memorandum dated 07/19/24 2023 CIP Parametrix Contract and Exhibits Minutes from Transportation and Infrastructure Committee meeting of 07/22/24 3 4 Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Services Committee FROM: Pete Mayer, Interim Public Works Director BY: Adib Altallal, Utilities Engineer CC Mayor Thomas McLeod DATE: July 19, 2024 SUBJECT: Sewer Lift Stations 12 Upgrade Project 90440207 Design Services Agreement ISSUE Approve design services agreement with Parametrix for the Sewer Lift Station 12 Upgrade project. BACKGROUND The aging electrical and physical assets of Sewer Lift Station 12 prompted further investigative work in 2016 and 2020. In 2021, minor repairs were made to extend the life of the assets until a comprehensive repair or a rebuild can be completed. The City is now beginning a comprehensive repair, starting with an alternatives study and subsequently design. DISCUSSION Parametrix was selected as the primary design consultant after reviewing list of 9 other well -qualified consultants due to their familiarity with the sewer lift station and their proactive work to help the City find a solution long before it becomes a catastrophic failure. FINANCIAL IMPACT The Parametrix design services contract is proposed in the amount of $221,304.48. Although previously identified as project to be completed in a future biennium, further degradation of the Lift Station has moved the project up in priority. The funds required to complete the design will be from provided by cost savings from the 2023 Annual Sewer Repair Project. Contract 2023 Cost Savings Parametrix Contract $221,304.58 $ 698,454.11 RECOMMENDATION Council is being asked to approve the design agreement with Parametrix in the amount of $221,304.58 for the Sewer Lift Station 12 Upgrade project and to consider this item on the Consent Agenda at the August 5 Regular Meeting. Attachments: 2023 CIP Page Parametrix Scope and DOE https:111ukwilawa.sharepoint comlsiteslpublicworkslengineering/PW Drop Box/01 TIC Agendal2024 Agenda Items/TIC 07-22-2414. Sewer Lift Station 12 Retrofit Design Contract Parametrix/1. Info Memo LS12 Upgrade.docx 5 6 �� x �� x�� xuonxwxxpn Contract Number: PROFESSIONAL SERVICES AGREEMENT 0nok/doo consultants, architects, engineers, accountants, andobhorpnofesoi/no/ THIS AGREEMENT is entered into between the City of Tukvv|a. VVuahingLun, hereinafter referred to as "the City", and Ponarnatrix, hereinafter referred to as "the Coneu|tont", in consideration ofthe mutual benefits, terms, and conditions hereinafter specified. 1. Project Desiqmmtiom. The Consultant is retained by the City to perform design services in connection with the project UUedSevverLiftGtuUon12Upgrade. 2. Scope of Services. The Consultant agrees Luperform the services, identified unExhibit ^A^ attached hgreto, including the provision of all |abur, muteriu|a, equipment and supplies. 3. Duration ofAqpemmmemt;Time for Performance. This Agreement shall buinfull force and effect for a period commencing upon execution and ending 31 December 2025, unless sooner terminated under the provisions hereinafter specified. VVO[k Under this Agreement Sh2|| commence upon written notice bythe City tothe Consultant toproceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than 31 December 2025 unless an extension of such time is granted in writing by the City. 4. Pavmnent. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement oafollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit ^B^attached hereto, provided that the total amount ofpayment tothe Consultant shall not exceed 221,304.58 vvithOUL express written modification of the Agreement Signed by the City. B. The Consultant may submit vouchers k]the City once per month dU[iOQ the progress of the vvOrh for partial payment for that portion Of the project completed to date. Such vouchers will be Ch8Ch8d by the City and, upon approval ther8Of, payment shall be no8d8 tOthe Consultant iDthe amount approved. C. Final payment Ofany balance due the Consultant Ofthe total contract price earned will bH made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance bythe City. D. Payment GS provided in this section ShG|| be full C0nnp9nS8bOn for work perf0rmned. S8rViC8S n8Od0n8d, and for all Dl8t8[i@|S' supplies, equipment and iOCid8Dt8|S necessary to complete the work. E. The Consultant's records and accounts pertaining to this /\orearnenL are to be kept available for inspection by representatives of the City and the state of Washington for 8 period of three (3} years after final payments. Copies Sh8|| be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 8 Page 2 4. Professional Liability with limits no Tess than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 9 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 10 Page 4 DATED this day of , 2024. CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: By: Printed Name: Title: CA revised May 2020 Page 5 11 12 let's create tomorrow, together 11 4�;" ��r of -~. __�~-_..--~ Lift Station l2Upgrade Alternatives Analysis. and Design g Co �0 � e� of °vor^x This scope ofwork (SOW) describes the services to beprovided byParamotrix.Inc. (Parametrix) for the Lift Station 12 Upgrade Project for the City of Tukwila (City). The City seeks to upgrade Lift Station 12 to improve reliability, provide renewed |nn8evity, enhance operational effioienoy, and bring the station into compliance with current codes. The City tasked Parametrix to provide alternatives onhow tnaddress these concerns. List Station 12 was initially built in 1972 and serves Drainage Basins 4 and 8. Upgrades tothe |dl station were completed between 2001 and 2003, including pump replacements and a new on -site generator. According to the City's 2014 Comprehensive Sanitary Sewer Plan (Carollo 2014), the average annual flow for List Station 12 is approximately 0.19 nni||inn gallons per day (K8GD) and peak day average flow is approximately 0.72 MGD. Peak instantaneous flows were estimated to reach approximately 1.18 KXGD with infiltration and inflow contributing to approximately 0.57 MGD. As identified in the City's 2014 Comprehensive Sanitary Sewer Plan (Carollo 2014), it was anticipated that the pumps and the lift station structure would reach their useful life by 2023. The City has considered alternative options to serve Drainage Basin 4 and currently, the pumps at the existing lift station have not been able to keep up with the variable flows due to wear. On June 5, 3024, City staff and the Panamnthxteam conducted a site visit at Lift Station 12to discuss the project. Alternatives initially discussed at the site visit with City staff included upgrades to the existing station, converting the station to a submersible pump station, or building new wet well. The Lift Station 12 Upgrade Project includes developing and evaluating potential upgrade alternatives through collaborative workshops with City personnel, conducting an alternatives analysis, and determining preferred design alternative for improvements at the existing lift station. Subsequently, a preliminary design submittal will be prepared, including 30% design plans, an outline oftechnical specifications, and aconstruction cost estimate. This SOW does not include the Final Design Phase, which will be determined during the Preliminary Design Phase, encompassing final design plans, specifications, construction cost estimates, and necessary permit applications. This SOW also does not include bid support or services during construction, which will be provided under aseparate task order. I� I c e t� • Exhibit A: • ExhibitB: • ExhibitC: • ExhibitD: • Exhibit E: � ~" �~ I Scope ofWork Limits ofSurvey Pre|iminoryShootList-Pna|iminaryDosign Rates and Fee Estimate Suboonsu|tantProVnso|s City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 216-2067<833 July 2O24 13 Exhibit A — Scope u{Work m ExhibhF: Projected Project Schedule Scope �� °"U��"~ ��.~=K��U� ~°~�WU.~~U0r&$ Work Breakdown Summary: • TaskO1 • TaskO2 • TaskO3 • TaskO4 • TaskO5 • TaskO5 • TaskO7 'Task �� Objective Project Management and Quality Control Data Collection and Review Develop Alternatives Alternatives Analysis Preliminary Design Subnonsu|tantA||ncotion Management Reserve �* m�� ~ �� A�� u� �� 1�� ^��w��u Task 01provides tracking scope, schedule, and budget for the project; overseeing project administration (filing, invoicing, etc.); coordination and communication with the City; and ensuring that Parametrix properly implements quality assurance/quality control (QA/QC) procedures over the duration ofthis project. Subtask 01.1 includes project start-up and establishing a project SharePoint site; documenting and communicating the scope of work, budget, and schedule as a road map for the project team; coordinating with the project team and addressing issues throughout the project; tracking the project budget using Parametrix in-house tools to verify that progress aligns with spending; and conducting check -in meetings with the City's project manager (PM) to discuss and review information and issues that may affect the work'sprogress. Sn�ntask01~2_Invoicing ��P��R��orts � � Subtask 01.2 includes preparing monthly progress reports to accompany each monthly invoice. Progress reports will include a narrative of work completed, anticipated work for the next period, and a description of issues affecting project progress and proposed resolutions if necessary. Subtask 01.3 - Correspondence and Coordination with the City Subtask 01.3 includes regular communication with the City's PM to discuss and review information and issues that may affect the progress of the work. Communication may include phone conversations, scheduled meetings, and electronic communication. Subtask 01.4 includes regular communication with the Parametrix team to discuss and review information needs, project information, and issues that may affect the progress of the work. City of Tukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 210-2007f833 July 2O24 14 Exhibit A — Scope u{Work Communication may include phone conversations, scheduled meetings, and electronic communication. t sk t Subtask 01.5 includes time to perform quality assurance to verify quality checks have been completed and addressed, and time to review design as contract plans and specifications are being prepared. QA/QC will be performed to ensure that City comments have been thoroughly addressed and internal reviews have been completed prior to delivery nfall work products to verify consistency with internal standards ofpractice and care. �� .-.° � I� SS � ~ I S m Project duration is eight (8) months. m Budget assumes up to six PM check -in meetings to be attended virtually by up to two Porametrixstaff for uptoO.5hours each. in Budget assumes up to 10 design team meetings to be attended virtually by up to three Parametrixstaff for uptnO.5hours each. liver - #U s • Miscellaneous correspondence <odocument project management issues. • Monthly progress reports enclosed with invoices (in PDFfi|e format). • Project Schedule (in PDFfile formot). 41, � � ctiv ;#I, 4*1 ia W Task 02 includes the collection, review, and assessment of available information and mapping prior planning efforts before beginning the alternatives analysis and preliminary design. The Ponametrix team will provide comprehensive written request for information (RF|) lists, which may include record drawings and relevant planning studies. ii'kk � � ";k ti � � Subtask02.1includes collecting and reviewing available historical data, design specifications, performance metrics, and maintenance r*non1a as they pertain tothe existing lift station, as well as collecting and reviewing available technical specifications, performance data, and cost estimates for submersible pumps, dry pit pum0s, and new wet well designs. � 4k, SubtaskO2.2includes determining the hQht-of+wayfor Andover Park VV,asdelineated inExhibit A. Parammtrix will provide topographic mapping for the lift station located near the southeast corner of the Westfield Shopping Center, as delineated in Exhibit A. The topographic limits will include the location of the lift station and the surrounding parking lot of Key Bank. Parcel boundaries will be limited to within the area to be surveyed and easements of record depicted on the subject property's City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 216-2007f833 July 2O24 15 Exhibit A — Scope u{Work binding site plan will be plotted on the basemap. The setting of any survey monuments at any ofthe exterior boundary points of the subject properties. A]|physioa|improvmnnwntn—suchassigns,guordnai|a,fmnrps'Uhveways,uti|hypn|es,watmrfeaturms, telecommunication features, storm drainage features, sewer manholes, and other features —will be mapped during the survey within the right-of-way as well. All storm drainage and sewer structure invert elevations will be included within the scope of work. Trees will be mapped on -site but will be limited totrees that have trunk diameters nf6inches nrlarger Parametrix will coordinate with Applied Professional Services (APS) to have the utilities marked out. Conductible utilities will be mapped per the locate company's markings. Potholing is not included. � � I SubtaskO2.3includes 3Dlaser scanning ofthe site property, building structure exterior and internals, and existing equipment. This will include both wet well and dry well locations. Laser scanning provided will initially only be used to confirm and view structure and component locations and dimensional relevance to each other. Scanning performed will not be to any survey coordinate system but will be tied into surveyed temporary benchmarks so it can later he combined with the survey basemap during Task 05 Preliminary Design. Scanning will require physical access to areas and spaces needed to complete this project and owner shall provide access as required to complete this effort. � SS tit S • Uptnthree RF|swill beprepared and provided tnthe City. • City response for each RF| list is 7 business days. • RFls and shared documents will be shared and accessed via an established Project SharePoint site. • Parametrix survey crews will be provided reasonable access to all areas requiring surveys. • Panemetrixwill heomitting topographic mapping with Andover Park. The topographic survey will extend to the west face of the curb within the right-of-way of Andover Park. • All electronic mapping standards will be based on Parametrix drafting standards. • Parametrix survey crews have client permission to perform minor brushing with machetes to conduct this survey, if needed, for field crews to perform work described within this SOW. • Unless otherwise specified by the client, horizontal datum shall be North American Datum (NAD)83/l1Washington Coordinate System, North Zone, and vertical datum shall be North American Vertical Datum of19S8(NAVDR8). • The boundary of the property will be merged into the topographic mapping, as appropriate, and shown for graphical purposes only. This service can be provided if required at a later date; hovvever, any setting of property corners, and filing ofo record of survey (if required) will be considered Additional Services and billed separately as described below. • For safety reasons, Parametrix survey crews are not allowed to enter subsurface vaults. Parametrix work will be conducted from the surface, using measure -down techniques. Parametrix survey crews will also not open any structure covers over 80 pounds. City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 4 216-2007/333 ]u|y2O24 16 Exhibit A — Scope u{Work � I� • Site scanning will be approximately 20 to 35 scans. Once complete, scans will then be combined and stitched together providing a single site scan. • Budget assumes uptnsix hours ofscanning time shall borequired and uptneight hours to combine all scans into a single site scan. I U " UV r � � U " S • RF| lists (provided electronically). • One PIDFcopy nfthe topographic survey. • An electronic drawing file of the topographic survey in AutoCAD Civil 3D 2020 format in one 41, ctiv t 41 ot Task 03 provides developing and evaluating viable alternatives for upgrading Lift Station 12, ensuring improved performance and compliance with current standards while minimizing bypass pumping. Initial concept alternatives include: • Alternative 1: Upgrade Existing Station • Alternative 2:Convert tnSubmersible Pump Station • Alternative 3: Build New Wet Well � 'A, ft t r � It-, Subtask 03.1 includes providing technical evaluation and support in preparation for Workshop 1 (see Task 03) in support of a concept screening to determine the two design alternative types to develop for refinement, selected from the three concept alternatives: submersible, dry pit and new wet well. Parametrixvvi|| assess available information to determine the practicality of implementing each alternative. This subtask includes developing a description of each of the three alternatives as listed above, a concept feasibility layout, a brief list of advantages and disadvantages, and e Class 5 engineer's opinion of construction cost. If initial evaluation determines the alternative has a fatal flaw, the concept layout and opinion of construction cost will not be developed. � � '411, ti �,k Subtask 03.2 includes providing technical evaluation and support to refine two design alternatives in preparation for Workshop 2 (see Task 04). This subresk includes developing detailed description of two design alternatives and identifying potential risks and challenges for each alternative, including technical, financial, and operational. This subtask includes developing confirmation layouts for each alternative and on evaluation of /ou| estate neoUs, including staging area, traffic impacts during nonntruotinn, construction feasibility, as well as Class engineer's opinion of construction cost. Estimate ofproperty purchase costs are not included. �� ...~ A� SS ti I S m The number of evaluated alternatives will remain as listed in this task. City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 5 216-2067-833 July 2O24 17 Exhibit A — Scope u{Work � I� • Nocomputer sewer model development will beincluded inthis task. • Sufficient data on the current pump station's performance, maintenance, and operational history, and technical specifications will be available to evaluate and prepare cost estimates for submersible, dry pit, and new wet well alternatives for accurate comparison and evaluation. • The three concept feasibility layouts will beone page each. • The two planning -level confirmation layouts will beone page each. • Subtasks 03.1 and 03.2 engineer's opinion of construction costs will be prepared to the Association for the Advancement nfCost Engineering (A4CE)Classes 5and 4.respectively. Typical accuracy ranges for AACE classes vary depending on the technological complexity of the project, appropriate reference information, and the inclusion of an appropriate contingency determination. U�� .U^ r � � U . S n Information and documentation to support Alternative Analysis Workshops. See Task 03 (various file fnrmats). • Three concept layouts (in PDFfile fnnnaU. • Two feasibility layouts (in PDFfile format). • Class 5 and Class 4 engineer's opinion of construction costs (in PDFfile forrnat). 41, ctiv ��_ AL Task 04 provides a holistic evaluation of viable options for upgrades to Lift Station 12 with City staff. Two workshops will be conducted: the first to screen initially identified alternatives, and the second to evaluate alternatives using Triple Botton Line (T8L) Analysis to determine a preferred upgrade design option. This task also includes a technical memorandum (tech memo) summarizing the decision process in determining the preferred alternative. t t I � Z. Subtask 04.1 includes providing key services to prepare for and conduct two Alternative Analysis Workshops, including the development ofpresentation materials, facilitating the workshops, providing technical expertise during the workshop, and providing documentation of discussion, decisions, and action items. Parametrix will meet with City personnel to evaluate the identified alternatives, as well as discuss the information collected and analyzed inTask OS.These workshops include: m Workshop 1: Review project goals and preferences with City staff to conduct a concept screening of the throe identified concept alternatives to determine two alternatives to further refine and evaluate. m Workshop 2: Conduct an alternatives comparison (TBL Analysis) of two identified alternatives to determine one preferred design alternative. City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 216-2067f833 July 2O24 18 Exhibit A — Scope u{Work � �41 � 1�' � ° Ot Subtask 04.2 includes documenting and summarizing the alternatives and decisions made during the Alternatives Analysis Workshops into a tech memo, ensuring clear communication of the selection process, alternative descriptions, and supporting exhibits. PmeW � � 1111 !nary ,4*1 ternative 'A nallysis Tech Merno sections include: • Project Introduction and Background. • Workshop 1and Alternative Descriptions. • Workshop 2and Alternative Descriptions. • Preferred Alternatives and Recommendations. • Attachments: —+ Concept and Confirmation Layouts. —+ Engineer's opinions nfconstruction cost. —+ Workshop Agendas and Summaries. —+ Presentation Materials. i SS ti • Budget assumes each Alternative Analysis Workshop will be attended to three Parametrix staff (two in -person and one virtually) for up to 1.5 hours each. Budget includes travel time to the City of Tukwila Public Works Office/Conference Room from the Ranametrix Puyallup office and mileage. • Each Alternative Analysis Workshop may be attended by up to five City personnel. • Criteria for the TBL Analysis will be developed with the City via check -in meetings with the City PM (see Subtask 01.3). The criteria for evaluation shall include financial, environmental, and social benefits, impacts, and risks. • Workshop materials may include tables, nheda, and e decision matrix tofacilitate discussion and engagement. • The Alternative Analysis Tech Memo will be up to 15 pages with up to approximately four attachments, asdescribed above. • The Draft Alternative Analysis Tech Memo review comments will be collected and consolidated by the City PM and returned to the Parametrix team within 10 business days of Draft Tech Memo delivery. • Budget assumes that review comments will not involve changes to decision made in the workshops, and will include limited tracked edit suggestions and margin comments provided by the City on the Draft Alternative Analysis Tech Memo. • Parametrix will finalize the Alternative Analysis Tech Memo within 10 business days after receiving City review comments. I � liver � I U . S m An agenda for each Alternative Analysis Workshop (in PDF File Format). City of Tukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 7 216-2007/333 July 2O24 19 Exhibit A — Scope u{Work • Workshop presentation materials (various File Fnnnats). • Alternative Analysis Workshop Summaries (in PDFFile FormaU. • Alternative Analysis Tech Memo (Draft and Final in PDF File Format). n� l� �� ° �� ° �� x��n Objective Task 05 provides initiating the Preliminary Design Phase of the preferred alternative determined in Task 04. This task includes an initial design meeting with City staff, preparation and submission of the Preliminary Design (30Y6)Submbta|, including plans, specification outline, and engineer's opinion of construction cost, as well as a design review workshop with City staff. Subtask 05.1 _Initial Des. ��t. ~ ~ SuhtaskO5.1includes kicking off the preliminary design phase with City staff and ensuring stakeholders are aligned with the identified preferred alternative in Task 04, project goals, design requirements, and project expectations for producing the 30% Design Submittal for Lift Station 12 upgrades. This meeting will focus on reviewing and confirming project goals and requirements; revisiting the project schedule, including milestones and deliverables; and addressing any initial questions nrconcerns from stakeholders. Subtask 05.2_PreDesign g SubtaskO5.2includes developing preliminary design plans for the proposed upgrades tnLift Station 12 based on the preferred alternative determined in Task 04, generating a proposed list of Construction Specifications Institute (CSI) and Washington State Department of Transportation (WSDOT) technical specifications for the project, and preparing a 30% engineer's opinion of construction cost. Apreliminary Drawing Sheet List ksincluded aaExhibit C. Subtask05,3_Pre��^ Meeting ' ~ Subtask 05.3 includes a Preliminary Design Review Meeting with City staff to review City comments and feedback onthe Preliminary Design Submittal. Task �� Assumptions .=�"" =~~ ��00o°�Oons • Budget assumes the Initial Design Meeting will be attended by up to four Parametrix staff (two in -person and one virtually) for up to 1.0 hours each. Budget includes travel time to the City of Tukwila Public Works Office/Conference Room from the Paramotrix Puyallup office and mileage. • Budget assumes up to 12 sheets will be developed as part of the Preliminary Design Submittal, as listed in ExhibitC. Should the preferred alternative determined in Task 04 require more Preliminary Design Plans than assumed, an amendment may be required. • The preliminary cost estimate will be prepared to the AACE Class 3. Typical accuracy ranges for AACE classes vary depending on the technological complexity of the project, appropriate reference information, and the inclusion of an appropriate contingency determination. City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 216-2067-833 July 2O24 20 Exhibit A — Scope u{Work � �0 • The preliminary cost estimate will generally be estimated as single lump sum prices, with unit prices for earthwork and underground piping asappropriate. • The City review ofthe Preliminary Design Submittal is1Obusiness days. • The City will provide review comments and feedback to Parametrix prior to the Preliminary Design Review Meeting. • Budget assumes the Preliminary Design Review Meeting will be attended by uptofour Parametrix staff (two in -person and one virtually) for up to 2.0 hours each. Budget includes travel time tothe City ofTukwila Public Works Office/Conference Room from the Paramotrix Puyallup office and mileage. • City review comments and feedback of the Preliminary Design Submittal will be incorporated into the Final Design Phase. I "U� U~ � ` ��#.0 s • Agenda and meeting summary for Initial Design Meeting (draft and final inPDFfile formaU. • Preliminary Design Plans, half-size, 11 by 17 inches (in PDFfile formaU. • Preliminary Design Specification Outline (in PDFfile formmt). • Class 3 engineer's opinion of construction cost (in PDFfile format). • Meeting summary for Preliminary Design Review Meeting (draft and final in PDF file format). • Revised Project Schedule (in PDFfile formot). _ �L � � _ _ �k, t � � t �kt! t! Subtask 06.1 includes a detailed proposal for utility locate services, prepared by subconsultant, APS, included in ExhibitE. In general, APSwill locate and mark known utilities within the project boundaries and will sweep the project boundary areas to attempt to identify any unknown or abandoned utilities. Utility potholing not included. �� .-= I �SS ~" �~ I S m The City will review subconsultant's scope and fee proposals in advance of contract execution between prime consultant (Parametrix) and subconsultant. Once proposals are acceptable to the City, authorization will be issued in writing to allow the subconsultant to be added to the prime consulting contract and provide authorization to proceed with the scoped m Work will not proceed for any of the subconsulting efforts until the City has provided authorization for the subcontractor to be added to the primary contract, has approved of the suboonou|tant'sscope and fee, and has issued NTPfor the work. City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 216-2007f833 ]u|y2O24 Exhibit A — Scope u{Work � _ �, I � "U�� U^ r 0 I U . S m See Exhibit E, Subconsultant Proposals, for detailed deliverables. �I «~��~U . ve 41, t t Task 07 is a budgetary allocation so that the City has a discretionary budget to cover professional services that are not defined in this SOW and are unknown at the time of the scope development. Parametrix will provide a written scope and fee estimate for any additional services requested prior to execution for the City's consideration. This task will remain unused unless the City issues a written (email) authorization for work to be completed under this Task. SS ~" �~ I S • The budget for this work may be used by the Consultant, as authorized by the City. • The City will authorize the use of funds in this task in writing (email) prior to the Consultant startingthovvork. 0 U�� .U^ r 4 I m Documentation for professional services not defined in this SOW, as required or requested by the 04, � �� Mh 44, Rates and fee estimate for this scope ofwork (SX]VV) iaincluded asExhibit D.This budget iareflective of this SOW, known information, and previous experience regarding the level of effort on similar t The schedule below summarizes project tasks based on anticipated notice to proceed (NTP) on or around August 5, 2024. Receipt of NTP after this day may result in a corresponding delay in the following projected schedule for tasks included in this SOW. A projected Project Schedule is included as ExhibitF. Task O1Project Management and Quality Control 08y2024 03/2025 Task O2Data Collection and Review 08/2024 08/2024 Task 03Develop Alternatives 08/2024 10/2024 Task O4Alternatives Analysis 09y2024 12/2024 Task O5Preliminary Design 10/2025 03/2025 City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 10 216-2067+833 /u|y2O24 22 Exhibit A — Scope u{Work 7� CaroUn (CoroUn Engineers). 2014. City of Tukwila, WA, Final Comprehensive Sanitary Sewer Plan, . Carollo Engineers, Seattle, WA. City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 11 216-2067<833 /u|y2O24 23 24 Parame let's create tomorrow, together sWf Almior,,,,,Sightt140 n ‘,„:„AsouStrandeir,„, , ,r,“„ ',V,AtEb$414NO.,4ftliWtAilW446640„VOIC 4,`#) Int'', ,1.1W ml, 'V" ' , „ , 4M' '44APVt',,, " 1k4,',,„) , . ,OitOtiti#4`'un ' Exhibit B - Limits of Survey ‘k , City of Tukwila Lift Station 12 Upgrade Alternatives Analysis and Preliminary Design 1 216-2067-833 July 2024 25 26 let's create tomorrow, together The Preliminary Drawing Sheet List includes: • General —+ Title Sheet, Vicinity Map, and Index —+ Symbols and Legend —+ Abbreviations • Civil —+ Site Layout Plan and Survey Control —+ Plan and Elevations —+ Section and Details • Mechanical —+ Pump and Piping Floor Plan —+ Pump and Piping Sections • Electrical —+ Legend and Abbreviations —+ One -Line Diagram —+ Site Plan • Piping and Instrumentation Diagram (P8'|D) —+ Piping and Instrumentation Diagram (P&|D) City ofTukwila Lift Station 12Upgrade Alternatives Analysis and Preliminary Design 0� heefList _I reli ' la� '�n ` � 216-2067<833 /u|y2O24 27 28 Exhibit D - Rates and Project Fee Estimate City of Tukwila Lift Station 12 Upgrade Alternatives Analysis and Preliminary Design Phase Task Description Labor Hours Labor Dollars Burdened Rates: PIC PM 0 SME/QAQC PC Acct Electrical Support t0 CAD Cost Estimator Pubs Survey E Survey Survey Survey Electrical QC E Structural QC Structural CAD Design CAD Design 8 CAD Design 0 48 v $226.56 ru O 0) $249.50 47 a $132,47 > c $212.06 v 0) 00 $125.00 00 0 O O) $202.77' a $147.39 $147 $210.5 v 0 0) $105.95 0 27 m 7 4-0 $317,00 v 111 $194.09 cs $157.53 178 CS 71,31 0 0 v $221,72 Project Management & Meetings 102 $22,977.14 9 36 16 7 6 6 0 0 4 0 0 0 0 0 0 0 1.1 Project Management 13 $2,663.01 10 1.2 invoice and Progress Reports 16 $2,616.28 4 8 4 1,3 Correspondence and Coordination with the City 21 $4,618.56 16 2 2 1.4 Coordination with the Consultant Team 19 $4,165.04 6 2 4 4 1.5 Project QA/QC 33 $8,914.25 14 4 5 5 Data Collection and Review 197 $30,229.70 2 12 0 0 16 0 0 0 0 40 24 60 0 0 20 0 6 2.1 Data Collection and Review 47 $8,856,38 2 12 8 16 8 2.2 Survey and Mapping 124 $16,892.40 40 24 60 2.3 3D Scanning 26 $4,480,92 20 6 Develop Alternatives 302 $59,574.40 20 56 6 0 0 24 48 40 36 0 0 0 0 0 0 0 24 0 16 32 3.1 Determine Alternatives 153 $30,083.20 10 28 0 0 14 24 16 20 0 0 0 0 0 0 14 0 8 16 Concept Feasibility Layouts 123 $24,777.90 8 24 12 24 16 12 8 16 Cost Estimates 30 $5,305.30 2 4 2 20 2 3.2 Refine Alternatives 149 $29,491.20 10 28 0 0 10 24 24 16 0 0 0 0 0 0 0 10 0 8 16 Confirmation Layouts 123 524,775.46 8 24 8 24 24 8 8 16 Cost Estimates 26 $4,715.74 2 4 2 16 2 4 Alternatives Analysis 168 $30,628.86 16 40 0 0 0 14 72 0 0 12 0 0 0 0 0 0 14 0 0 0 4.1 Alternatives Analysis Workshop 56 $10,456.20 10 14 0 0 0 28 0 0 4 0 0 0 0 0 0 0 0 0 0 Workshop 1 Prep 16 $2,919.15 2 5 8 Workshop 1 and Summary 12 $2,308.95 2 6 Workshop 2 Prep 16 $2,919.15 2 5 8 Workshop 2 and Summary 12 $2,308.95 3 2 6 4.2 Alternatives Analysis Tech Memo 112 $20,172.66 6 26 0 0 0 14 44 0 8 0 0 0 0 0 0 14 0 0 0 Draft 69 $12,389.03 4 16 8 28 5 8 Final 43 $7,783.63 2 10 6 16 6 Preliminary Design 337 $65,954.62 18 56 9 0 0 39 73 32 20 0 0 0 0 0 0 13 0 24 5.1 Initial Design Meeting 19 53,662.48 3 3 8 2 5.2 Preliminary Design 301 558,395.00 15 53 9 0 36 65 32 20 0 0 0 0 0 11 0 24 35 Drawings 261 $50,886.32 12 45 9 31 65 32 8 24 35 Specification Outline 10 4 Cost Estimate 30 2 4 2 20 2 5.3 Prelminary Design Review Meeting 17 4 5 4 2 2 6 Subconsultant Allocation (Includes 10% Markup) $742.50 0 0 0 0 0 0 0 0 0 0 5.1 Utility Locate Services 0 7 Management Reserve (5%) 0 $10,505.36 0 0 0 0 0 0 0 0 7.1 Management Reserve Project Expenses Mileage (assumes 800 mi for site visits and survey @ $0.665/mile) Survey Equipment (assumes 1 use @ $160/usej Total Fee Estimate $221,304.58 216-2067-833 July 2024 City of Tukwila Lift Station 12 Upgrade Alternatives Analysis and Preliminary Design 30 0 • ••••••• Applied Professional Services, Inc. 43530 SE North Bend Way North Bend, WA 98045 "Solutions that exceed expectations" Date Project Address/Job Number: Services Performed For: 7/16/2024 275 Andover Park W, Tukwila Parametrix Justin Emery Design Survey Locating jemeryparametrix.com 253-785-3028 Scope of Work A. APS, Inc. will employ all industry and best practices to designate and mark the known conductible and/or non -conductible utilities within the project boundaries. B. APS, Inc. will sweep the area, after the known utilities have been marked, to attempt to identify any unknown or abandoned utilities. C. The project boundaries are defined by civil drawings or maps provided by the Client. Cost Estimate LABOR DESCRIPTION RM" Conductible Locates HOURS RATE 5 $135.00 AMOUNT $675.00 Total $675.00 S/dievicni Vork /or Parametrix • 31 Net 3Odays onall billing unless specified otherwise under aseparate contract or negotiation. � /\PO. Inc, and 0rits employees cannot guarantee that all conductible and/or non -conductible utilities within the project boundoriescanorvviUbefnund. '01, T It", ITT CLIE1117APP � � � This hourly / not k}exceed project 8StrnateiSb8Sed0nth9eSUrnahednVnnh8rOfhUurSitwiU take tOperform the Scope CfWork. If the project r8quineSaUditi0n8|tinn8OrCO3tStO complete the Scope 0fwork, then written approval t0exceed the original cost estimate is required. By Non«* Title Jlaw*w o/ omrk/�/- Paramotrix ' 32 2 City of Tulcwila Lift Station 12 Upgrade Alternatives Analysis and Preliminary Design Exihibit F - Projected Project Schedule Io 14 Anticipated NTP: August 5, 2024 Task 01: Project Management and Quality Control Subtask 01.1 Project Management Subtask 01.2: Invoicing & Progress Reports Subtask 01.3: Correspondence with City Subtask 01.4: Coordination with Consultant Team Subtask 01.5: Project OADC Task 02: Data Collection and Review Subtask 02.1.: Data Colection and Review Subtask 02 2: Survey and Mapping Subtask 02.3 3D Scanning Task 03: Develop Alternatives Subtask 03.1: Determine Alternatives Concept Layouts .. Cost Estimates Subtask 03.2: Refine Alternatives Concept Layouts e Cost Estimates .. Task 04: Alternatives Analysis 20 05 Subtask 04.1: Alternatives Analysis Workshops 22 24 zs 30 Workshop 1 Workshop 2 e Subtask 04.2: Alternatives Analysis Tech Memo FRS Draft City Review Final Task 05: Preliminary Design • Subtask 05-01: Initial Design Meeting • Subtask 05-03: Preliminary Design Plans Specification Outline Cost Estimate City Review .. Subtask 05-04: Prelim -nary Design Review Meeting 0 days 160 days Mon 8/5/24 Fri 3/14/25 8 mons Mon 8/5/24 Fri 3/14/25 1 8 mons Mon 8/5/24 Fri 3/14/25 1 8 mons Mon 8/5/24 Fri 3/14/25 1 8 mons Mon 8/5/24 Fri 3/14/25 1 8 mons Mon 8/5/24 Fri 3/14/25 1 12 days Mon 8/5/24 Tue 8/20/24 10 days Mon 8/5/24 Fri 8/16/24 1 5 days Wed 8/14/24Tue 8/20/24 1F5+7 days 5 days Wed 8/14/24Tue 8/20/24 1FS+7 days 42 days Wed 8/21/24Thu 10/17/2, 13 days Wed 8/21/25Fri 9/6/24 1 10 days Wed 8/21/24Tue 9/3/24 9,10,11,1 3 days Wed 9/4/24 Fri 9/6/24 14 26 days Thu 9/12/24 Thu 10/17/2e 21 days Thu 9/12/24 Thu 10/10/2,21 5 days Fri 10/11/24 Thu 10/17/2,17 73 days Mon 9/9/24 Wed 12/18/2 32 days Mon 9/9/24 Tue 10/22/24 3 days Mon 9/9/24 Wed 9/11/2414,15 3 days Fri 10/18/24 Toe 10/22/2,17,18 41 days Wed 10/23/1Wed 12/18/117,18 21 days Wed 10/23/2Wed 11/20/222 10 days Thu 11/21/zuWed 12/4/2424 10 days Thu 12/5/24 Wed 12/18/225 103 days Wed 10/23/2Fri 3/14/25 3 days Wed 10/23/2Fri 10/25/24 22 100 days Wed 10/23/1Tue 3/11/25 85 days Wed 10/23/2Tue 2/18/25 22 85 days Wed 10/23/2Tue 2/18/25 22 5 days Wed 2/19/25Tue 2/25/25 30,31 10 days Wed 2/26/25Tue 3/11/25 30,31,32 3 days Wed 3/12/25Fri 3/14/25 33 Duration Start Finish '.Predecessors g on 8/5/24 Mon 8/5/24 8/5 negzs zn e,zs IMa, z3W I I. II s sMr rF ssiM:.w sMr N:ilFis sM w Fs rwrFssM w rssM.rx FssM w. sls MrwirlF's sM w.F:s��l wr FssM, FssMr wr FssM. wrF Mrrwr r.s wrFssM wl rssM..w FssM.r w. MrwriF's sMrw Fss. T✓Jr Fs.s Mr FssMr.wr sMl•wi�r rw. r.F ssM w rsInv[khyriwnrssMr.w r.F w.,Fs Mr xr:Fis''-s-M rw.l F.s WProject LS 12 Project Schedule CA)Date: Thu 7/11/24 Task Split O Proiect Summary 9 8 manna Milestone Manual Task 7 Inactive Task Inactive Seminary Duranomeniy __. .._ AA Manua,mmary L,F, _„ _.�..,.. mannasu mary Start only i Omsk -ono Extemal Tams External MI estene Progress Manual Progress Page 1 34 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes July 22, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Mohamed Abdi Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Pete Mayer, Laurel Humphrey, Joel Bush, Eric Compton, Bryan Still 1. BUSINESS AGENDA A. Franchise Agreement: Wholesail Networks Staff is seeking approval of an ordinance granting Wholesail Networks a Franchise Agreement with a term of 5 years. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. B. Purchase Agreement: Large Water Meter Replacement Staff is seeking approval to purchase eleven Sensus Large Water Meters in the amount of $123,531.27. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. C. Construction Management Contract Amendment: Sewer Lift Station 5 Retrofit Staff is seeking approval of a supplemental agreement with PACE Engineers in the amount of $129,476.30 for the Sewer Lift Station 5 Retrofit project. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. D. Design Agreement: Sewer Lift Station 12 Upgrade *Staff is seeking approval of an agreement with Parametrix in the amount of $221,304.58 for design of the Project. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. The meeting adjourned at 5:47 p.m. AP Committee Chair Approval Minutes by LH 35 36 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 08/05/24 JR ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 08/05/24 AGENDA ITEM TITLE Sewer Lift Station 5 Retrofit — Construction Management Supplement Contract No. 23-019, Amendment #1 CATEGORY ❑ Discussion Mtg Date 11 Motion Mtg Date 08/05/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR Council QMayor ❑HR DCD Finance EFire ❑TS ❑P&R Police ®PWV Court SPONSOR'S Due to the complex nature of lift stations, we will need the services of specialty inspectors, SUMMARY such as electrical and geotechnical inspectors. We will also require the services of the project engineer from PACE if assistance is needed in interpreting the project documents. Council is being asked to approve a supplemental agreement for construction management services with PACE in the amount of $129,476.30 for the Sewer Lift Station 5 project. REVIEWED BY 11 LI DATE: Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. E Planning/Economic Dev. LTAC ❑ Arts Comm. ❑ Parks Comm. [1 Planning Comm. 07/22/24 COMMITTEE CHAIR: ARMEN PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department Comm IIEE Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $129,476.30 $550,000.00 $0.00 Fund Source: Comments: 2023 CIP, Page 67 MTG. DATE RECORD OF COUNCIL ACTION 08/05/24 MTG. DATE ATTACHMENTS 08/05/24 Informational Memorandum dated 07/19/24 2023 CIP, Page 67 PACE Supplemental Agreement Minutes from Transportation and Infrastructure Committee meeting of 07/22/24 37 38 TO: FROM: Thomas Mcleod, Mayor INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Adib Altallal, Utilities Engineer CC: Mayor Thomas McLeod DATE: July 19, 2024 SUBJECT: Sewer Lift Station 5 Retrofit — Construction Management Supplement Project No. 92340201 Contract No. 23-019, Amendment #1 ISSUE Approve supplemental agreement for Contract No. 23-019 with PACE Engineers for the Sewer Lift Station 5 Retrofit project. BACKGROUND Sewer Lift Station 5 is located near the 1-405 ramps at Interurban Ave S, along Fort Dent Way. The sewer lift station was originally constructed in 1980 and later updated in 2000. No significant improvements have taken place since. The pumps, fittings, and electrical components have neared their useful life and have resulted in an increased need for maintenance. The existing pumps are obsolete, and the electrical components will need to be brought up to code to prevent unsafe access by City staff. Rebuilding Sewer Lift Station 5 will reduce maintenance costs and reduce the risk of failure. DISCUSSION The Sewer Lift Station 5 design portion of the project went according to plan and was under budget and on time. We were also successful in advertising the project as the bids came in below the allocated budget. To save further money, our Capital Improvement Inspector will act as the primary inspector for the Sewer Lift Station 5 project. Due to the complex nature of lift stations, we will also need the services of specialty inspectors, such as electrical and geotechnical inspectors. We will also require the services of the project engineer from PACE if assistance is needed in interpreting the project documents. FINANCIAL IMPACT The contract supplement is for $129,476.30, which will bring the contract total to $366,277.55 for the construction management services portion of the Sewer Lift Station 5 Retrofit project. The project costs are within budget and are 100% funded by the sewer enterprise fund. Original Contract Supplement Contract Total PACE Contract $236,801.25 129,476.30 $366,277.55 2023-2024 Design Budget $550,000.00 RECOMMENDATION Council is being asked to approve a supplemental agreement for construction management services with PACE in the amount of $129,476.30 for the Sewer Lift Station 5 project and consider this item on the Consent Agenda at the August 5, 2024 Regular Meeting. Attachments: 2023 CIP, Page 67 PACE Supplemental Agreement 39 40 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Sewer Lift Station No. 5 Rebuild Project No. 92340201 DESCRIPTION: Rebuilding of sewer lift station 5 will reduce maintenance costs and reduce the risk of failure. Aging sewer Iift station requires the replacement of motors, pumps, and controls at older lift statans to red JUSTIFICATION: maintenance. The sewer lift station has been seeing a lot of issues with maintenance of pumps and motors. The existing STATUS: panels and valves are in a confined space and will need to be moved to grade for safer access. MAINT. IMPACT: New pumps will reduce the liability of the existing pumps that are obsolete and prone to fail. COMMENT: Additional right-of-way or property will be required for the new backup generators to be installed. u FINANCIAL Through Estimated (in $000"s) EXPENSES Design Land (RNV) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed BondfULID Mitigation Actual Mitigation Expected Utility Revenue TOTAL SOURCES 2021 2022 2023 0 0 250 50 1,000 1,300 2024 2025 2026 2027 2028 BEYOND TOTAL 50 200 1.000 1,250 0 0 0 0 300 0 250 2,000 2,550 0 0 1,300 1,300 1,250 1,250 0 0 0 0 0 0 0 0 0 0 0 0 2,550 2,550 ,,,,•,,,,, Project Locatfon ,, ..., - , _ 0. ' _L. .......„......., .. ,.'. I " 0101111IL 55. 1 4 , • :' IN, P. _ ;,.. ' J. . ill \ ' . P i 0 .. LttLy ciLL ig ' u tan 47 . , 1 2023 - 2028 Capital tryaroveme.nt Program 41 42 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and PACE Engineers That portion of Contract No. 23-019 between the City of Tukwila and PACE Engineers is hereby amended as follows: Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2025, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2025 unless an extension of such time is granted in writing by the City. Section 4: Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $366,277.55 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 2024. CA Reviewed May 2020 Page 1 of 2 43 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CITY OF TUKWILA PACE ENGINEERS: Thomas McLeod, Mayor By: Printed Name: ATTEST/AUTHENTICATED: Title: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney 44 CA Reviewed May 2020 Page 2 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-019 Council Approval 2/13/23 PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and PACE Engineers, hereinafter referred to as The Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Sewer Lift Station No. 5 Rebuild. 2, Scope 9f Services, The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3 Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2024 unless an extension of such time is granted in writing by the City. 4. Payment, The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $236,801.25 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shalt be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request 45 5. Ownership and Use of Documents. Ail documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification, The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caus by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) Form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury, The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26, 3. WorkersCompensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 46 Page 2 4. Professional Liabilitywith limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession, B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractorscoverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto, Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10, Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, CA revised May 2020 Page 3 47 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreernent or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severabillty and Survival, If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable, The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: PACE Engineers 11255 Kirkland Way #300 Kirkland, WA 98033 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 48 Page 4 DATED this 17th day of February , 20 23 CITY OF TUKWILA Key: 40266ff6-fc1 a6914839034e9a126e Allan Ekberg, Mayor 2/17/23 PACE Engineers: By: --- - /21 C,g� Printed Name: Kenneth H Nilsen ATTEST/AUTHENTICATED: Title: eSignad via Seamleaer eee rem C` h tt1 O /(Orhe/t.J ___-- Key: 5,2463a f817e 4006 6°98 f8f4391v2adal Christy O'Flaherty, City Clerk APPROVED AS TO FORM: eSicnecl via 3eamlessDocs.com Office of the City Attorney President CA revised May 2020 Page 5 49 50 Scope Services of Professional C* d Engineering Services Lift Station No. 5 Design Retrofit JUne] 2072 Project Understanding TheCity ofTukw||awould like toretrofit the existing sankarysewer Lift Station No. 5. The existing lift station is avvet/drywe|| station that is reaching its useful life. Due tothe fad that the exist|ngvvetvwe|| does not have sufficient space toallow for electrical upgrades that will meet current regulatory requirements, the City would like to abandon the existing drVwell and construct an above ground electrical shelter with new electrical controls, construct a new meter vault and install new submersible pumps rehab the existing wet well and install miscellaneous site improvements. Scope of Work A detailed proposal consisting of fourteen (14) tasks follows. This proposal includes necessary civil, structural, survey, electricaland geotechnical services through Lhedesign phaseofthis project. Aseparate scope of work and budget for construction administration will be prepared prior to bidding the work and will be based onthe Oty'sneeds. PACE will be the prime consultantforthe entire Scope of Work and will oversee and administer all work on the project. PACE will complete all civil, survey and permitting services in-houpe and will subcontract with Follett Engineering for electrical engineering and 4EO for geoteChnica| evaluations, C\ua|kV [mating Inspections and Consulting will also be utilized in the preparat|on of coating specifications for the Lift Station wet well upgrade and for inspection of coating applications cluringthe construction phase. Task Management PACE will provide administi-ation and coordination of the project, Hhefo||mwing items are included in this task: 1. Attend coordination meetings with the Qty. It is anticipated that up to meetings will be he|d. Major design review meetings will be held in -person with other review meetings to be done via Teams. The following major review meetings are anticipated: a. Schematic Design Review b. 3D96Design Development Review c. 6096Des|gn Development Review d. 90% Design Development Review Z. Conduct one field reconnaissance ofsite with the design team and City staff. 3- Review existin� information provided bythe[ity—as-builts, maintenance records., etc, 4' Coordination with subconsu|tants. 5' In-house project �,';drninistration' scheduling, and direction Of design team staff. 6. Preparation ofmonthly progress reports. 51 LS5Retrofit Scope of Work Page 2 Task Z—Topographic SW PACE will provide a topographic and boundary map showing all locatable utilities and surface conditions, environmental constraints and other relevant iLerns at the following locations: I he following iterns are included in this task- 1, Re search and confirm primary contro| points for use on the project, Z- Establish horizontal and vertical control work points a|ongtheroute. 3' Survey the corridor I ocating surf ace imp rovempnts, type of mate ria I and ch a nges in Plevat ion. 4' All identifiable underground uh|iUesvvd|besurweyed^based nnsurface indications, radiofnequency locating and readily avai|able nnapsfrom the service provider. 5. The rights of way and adjoining properties will be calculated from record information and recovered monuments. 6. lhe survey/ base mapwill be prepared in AutoCADat a scale of 1' = 2LY, showingthe rights of way and lot lines, two -foot contours, and surveyed features. Other features from City G|S data (sensitive areas, setbacks, etc, will may be included to augmentthe survey). PACE will provide the City with an AutoCad drawing and pdf of the basemap, Task 3-Geotechnica|Evaluation AES| will provide a gectechnica| evaluation of the LSNo. 5 site . Th|seva|uetion will include one soil bunng 12fee1 deep in the vicinity ofthe new meter vault and prepare a geo1echnica| design memorandum (See the attached Scope of Work, from AESI for, more details on the geotechnical evaluation) lasx4 -Easement Preparation and Acquisition It is assumed that the project wiIII not require any permanent ortemporary construction easements, If that isnot the case any requiredwork will beonatime and expense basis. Task 5—Public Involvement PACE will provide support to the [ity, for the public involvement process. This includes preparing information for and attending one community meeting. The comrn unity meeting will befor-the businesses in the project vicinity. I he City will be responsible for setting up the meeting time and location and notifying the businesses. PACE will prepare a written summary of the community meeting. Additional public involvement maybereqoiredforthe5EPAprocessandis|nincluded inTask2U. Task 6 —Conceptual Design Based onthe. sitesurvey PACEwill prepare kip to 3-conceptual alternatives for ILS No. 5 for City review and c.Vmment.5p�[if|cbemSre(lUpS(-�dbythe City indude: w Replace the two e%i3[ing veMic@lLurbiDe pUrnpsfnornthe dryvoeli with twosubrnePSible punipSlocated within the \metwxe|| • Painting nfthe wet well • /\ new electrical control and instrumentation building • Additional site lighting xopr.:/mukwi|awashpm�m�� P��Bm�)1�� o�� Agenda b0�mn�/7 7|�U2-0�-��.K.iAt��dy� mom.�[}��i�o��o|o�c�Wor k 5_060122xjcwx u 52 LS 5 Retrofit Scope of Work Page 3 Potential relocation of the existing generator based on the site layout Replace the existing lawn within the median with a hard surface that does not requre frequent maintenance Paint the curb around the median (it is assumed it can be retained). The City will provide covers over the existing bollards Remove the irrigation meter and upsize the second water meter to a 2-inch meter for greater capacity. This may require a new PRV and backflow preventor Evaluate the antenna for the telemetry Replace the existing flow meter within a new ault, preferably outside of the travel lane if possible. Install a new yard hydrant for washdown of the facility Task 7— Schematic Design (30 % design) Based on the City's selection of the preferred layout based on the conceptual designs, PACE will prepare a schematic design of the proposed improvements for the lift station retrofit. PACE will also prepare an estimate of probable construction costs for City review and comment. This work includes: 1. Schematic layout of the new rneter vault 2. Schematic retrofit of the existing wet well 3. Schematic layout of the new electrical control shelter 4. Schematic layout of proposed improvements 5. Prepare budget -level construction cost estimate. Task 8— Design Development Plans (60% Plans, icIficatbnsand Estimates) Based on City comments on the Schematic Design, PACE will prepare Design Development Plans (63%) of the improvements. We will also prepare an outline of the specifications and prepare an estimate of probable construction costs for City review and comment. This work includes: 1. Recommendations for bypassing the flow during construction. 2. Design of the new meter vault 3. Design of the new wet We I I retrofit 4. Design of the electrical control shelter 5. Design of the site improvements discussed in Task 6 6. Outline of the proposed specifications using APWA/WSDOT forma 7. Prepare budget -level construction cost estimate. Task 9— Electrical Plans/Telemetry and Specifications. Follett Engineering will evaluate the project and will provide plans and specifications for site power needs as well as the required communications and controls for Lift Station No .5. It is assumed that we will utilize the existing generator. Specific items are as follows: https://tukwilawa.sh pointcom/silmpublicwcrdisiongineering/PW crop Bcx/0I TIC Agenda/2023 Agenda Items/TIC 02-06-217. Lift Station No. 5 Design Contract/Scope of Work LS 5_060122.doex 53 LS5Retrofit Scope of Work Page 4 Electrical P Follett Fn�neering will prepare the fodowing electrical design and evaluation: w Deiernnine/conf|nmthe adequacy ofthe existing generator for the new submersible pump design w Work closely with City for design and installation of Calvert Technical Services controls. w Prepare preliminary electrical drawings. w Prepare apreliminary construction cost estimate nfthe above items. ° SumnMahzethe above itemsinaTechnical Memocandum- Final Electrical 6-|an Follett Engineeringwifl prepare the final electrical design and appurtenances based upon review comments from the City. The final electrical design includes the demolition of all electrical and |&[ equipment and replacement with all new e|ecthca| equipment including the motor control center and ATS and aN new controls and instrumentation and provide aTechnical Memorandum out|iningthevarious options including costs tothe, City for, their review and Approval Ofthe recommended alternative, Follett Engineering will prepare construction level plans and specifications based upon City review comments. Task ID-SEPA PACE w ill pre pa re a SE PA checkl ist for t lie proposed work. It is assu med that t lie City w 111 act as its ow n lead agency andwill issue theDeterm|nation. |tisassumedthat theCity m/i|�mai|andpos*theSEPAdocuments inaczordanoevv�thSER4nequirementx.PACE vui||assist theCity vvithapubUchear! ngtosn|idtcommenton the SEPAdetermination ifrequired, Task I1—Perm Ittirg PA[EvviUcoordinatem/iththenequiredpermitK|ngagemdesandprepareaUnecessarVpermitapp|ications. This task will be initiated early in the design process, based on the 6O96Design Development plans. It is assumed that the City of Tukwila Park Right -of -Way Use Permit wiQ be the only permit required for- this project. We assume that all permit fees to be paid directly by the City. Task I3-Construction Document Development<1O0% Plans and PACE will provide construction level documents based upon City comments frorn the Design Development (601Xop|an review). At this stage *vewill also have developed fa�dycomplete project specifications. We will utilize contract documents and general provisions from past City projects and will create specific technical specifications as needed. We anticipate the pmq�ec\vv||| bid as one schedule and that the bid documnenis vui||bebasedonthemostrecentVVash|ngtonStateDepartmentofTransportation^StandardSpecif|cations for Road, Bridge and Municipal Cnnxtruction^, It is assumed that based on the [ity^srewiew of these documentstherevvi||beonesetofrevisionstoge{thedocument»^Bid-Ready~ Task]B-QA (Quality Assurance) |nordertoassurethat the f|na|p|ansand specifications are corn p|ete,accurate andappropriate, PACE vv|U conduct a Quality Assurance rev�ew of the documents prior to each submittal to the City. The reve`mwill consist of a complete sheet -by -sheet and contract document review to assure the City that thedocuments meet the "standard level of care' of our industry. x(1pG:/Avkwi|uwa,sh poinucnm/ske,%/public~mka^on0in ingJPW orc)p£8ox/)1 vC Ageodu/2023 Agenda bemns/7|CU2-06-23/7.Lift Station No. 5 Design Coo1ract/Scop:ofWork LS 5_060122xjowx 54 LS 5 Retrofit Scope of Work Page 5 Task 14— Management Reserve Fund If directed by the City. PACE will provide services needed to assist the City with tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, PACE will provide a scope and budget for the task identified by the City. PACE will not proceed with the task until written authorization has been provided by the City. Task 15— Construction Services This task includes management of the project during the bidding and construction period. We have not included a budget herein for construction services; however., PACE is available to provide construction services as needed,. PACE will prepare a construction administration proposal following completion of design and once the City's needs are known. Some of the services that couId be provided under this task include the following: 1. Bid the project through a bidding service such as Builders Exchange. 2. Answer questions during the bidding period. 3. Issue addenda as necessary. 4. Attend a pre -did meeting as required. 5. Attend the bid opening. 6. Conduct reference checks of the low bidder and prepare recommendation of award. 7. Attend and direct the pre construction conference and provide meeting minutes to all attendees. 8. Review material submittals for compliance with contract documents. 9. Provide construction staking for the improvements. 10. Review, approve and prepare contract pay estimates. 11. Prepare change orders as necessary, including all documentation and coordination with the contractor. 17. Attend and conduct construction meetings as required and prepare and distribute meeting notes. 13. Monitor construction to determine contractor compliance and prepare all letters and documentation regarding same. We assume that the City would provide an inspector for the project and PACE staff would visit the site as necessary. 14. Address construction questions as they arise. 15. Prepare punch lists and conduct final inspection, and prepare recommendation of project acceptance. 15. Prepare As -Built drawings. PROJECT COSTS The costs associated with the above described work are shown on the attached spreadsheet. Ntos://tukwilawa.sh. ;pointcom/silesipublicwasisionginooring./PW Drop Box/01 TIC Agenda/2023 Agenda Items.MC 02-06-23/7. Lill Station No. 5 Design Contract/Scope of Work LS 5_060122.docx 55 56 PACE Engineers Project Name Project 4:: Lift Station 85 lillrg Group rel EXHIBIT B Project Budget Worksheet - 2023 Washington Standard Rates ocation:I Tukwila - Fort Dent j Prionarl Py, Tank KHN 12/20/2022 Staff Type 8(See Labor Rate.s Table) Staff Type Hourly Rate Drawing/Task Title Task 1 -Project Management Coordination Meetings (4-total) Field Revievaecords Research Team Coordincl subs/invoicing Task 2- Topographic Survey Task 3 - Geotechnical Evaluation Task 4 - Easements (NIC) Task 5 - Public Involvement Task 6 - Conceptual Design Task 7 - Schematic Design (30%) Task 8 - 60% Plans Specifications Cost Estimates Task 9 - Electrical & Telemetry Task 10 -SEPA Task 11 - Permitting Task 12 - Construction Documents Task 13 - QA Task 14 - Management Reserve Fund Task 15 - Construction Services (MCI lours Total Labor To!a1 xp Postage/Courier Printing Costs Photo/Video Mileage/Travel/Per Diem Miscellaneous Labor Hours by Classification Labor Code job Title 1 12 1 33 1: S272 6225 5182 Sr. Engfneer 8 2 12 8 4 4 4 8 1 1 2 1 4 16 Project Manager 8 4 8 1 2 8 16 12 24 8 2 8 8 4 48 Sr. Planner 16 24 12 8 14 66 8195 61'95 Project Enginee.r 4 16 16 24 8 6 6 48 . ........ Sr. Project G15. A"ayst 2 4 74 6 CAD Tech III 8 16 40 48 64 19 1 41 11 43 '1 58 I 113 S210 6225 8210 6238 6556 Sr. Structurai Engineer 4 12 24 4 ��' � 118 5142 Principal Survey Project Two -Person Sr. Project Act Surveyor Manager Crew Survey Tech V .mitsstrator 11 20 16 16 Hour Total Dollar Iota] 16 0 $3,976 0 0 52,224 20.0 $5,064 50 0 $10,241 3 0 $722 40.0 $8,136 54.0 610,694 /6,0 $13,988 112.0 $21,176 40,0 $7,808 9.0 $1,892 15.0 $3,242 4 42.0 $8,050 17 0 $3,356 24 220.0 $41,136 20.0 $5,192 176.0! S20,612 S36,225 $10,920 1, $24,960 1 61,170 1 627,456 76.01 161.01 60.01 128.01 6.01 rase/unit Relmbursable Quantity Cost 6500.00 File; Tukwila LS #5_revised122022, Fee Worksheet 44.01 2.01 11,01 20.01 16.01 44.0 S9,240 1 S450 1 52,310 1 54,760 1 $2,496 66,248 Please note this project is budgeted as a whole and not by tagk. bconsultan Utility 'Locate GeoLechnrcat -Engineer Electrical Engineer City Provided - Calvert; 'Subconsultant Subtotal Markup S2,000 69,750 $44,245 55,995.00 15% Total 654,394.25 I Page 1 of 1 PACE S'illecr Labor Total Reimbursable expenses Subconsultants Maragement Reserve Fund! Surtget Reconcilatior LtS 4&12 Total Project Budget 744.0 $146,907.00 S146,907.00 6500.00 T64,3 4 25 S15,000.00 a 10,000,00 $236,801.25 Printed; 212812023, 9;40 AM PACE Engineers Project Name Project #: Staff Type 5 (See Labor Rates Table) Staff Type Hourly Rate Staff Name Drawing/Task Title Labor Coda job Title Teak 1 - Project Management Bid Assistance Addenda Tea r Invoic ing (assumes 8 months) Task 2 - Construction Ad miniatradon Pre -Construction Fleeting Shop Drawing & Submittal Review (25 Reviews) REP Review and Responses (10 RFts) Pay Application Review & Preparation (a s surn e s 8) ChangeOrder Review & Preparation (assumes 2) Task 3 Conatruction Inspections Constructkin Meetings Site Visas (max. 10 visits) Teak 4 GeotechnIcist Task 5 Electrical Sil pool (aee costa belov4 Ta.k6 Project Ctoaeout Purichlist & Final Inspection As-Builts Hours Total Labor Total Project Budget Worksheet - 2024 LIR Station #8 Retrofit - CE SerWries to cat ion:I tisitaila, WA I Prepared By: Date: K Mien 3415 I Billing Group #1 Task id I 8d20/20:74 La bar hours by Classification 1i - 12 „ -, 16 i 76 19 E. via Hour Total Dollar Total _.a,.. $236 $166 $151 ... $222 ... St 61 ... Sr. Structural Eng i Re er Sr. Project Administra for Sr. Principal Engineer Project Manager Engineering Staff il CAD Teoh li • - - : i • i - • • . 5 • 8 - • 8• : ! 2 i I - • • - 23.0 $4.974.00 2 I 4 i . • I ; • • - : 20.0 83.762.00 4 : • • • • • • i i I i • 12.0 62,480.00 , - • • , , , , • • - 2 ! 2 2 4 ! • E I I E • - • • 8.0 $1.716.00 8I 12 24 : • . : : • . • . - . 52.0 510,920.00 6 62 16 2 4 2 E 34.0 67,002.00 4 E 62 E E E E E E I 16 I 2 I I 2 26.0 85.236.00 2 6i 12 i 4 i 5 2 1 ; ; • ' • ' ' 26.0 $4.902.00 : - • • ; : ! ; • . - i 24 : • • i i I i • • • 32.0 66.886.00 5 12 E 28 45.0 88.944.00 2 : 1 4 : ' I 1 1 I ' • ' • ' 6.0 61,240.00 2 : 4 : • . : : - . - . - . 6.0 $1,240.00 2 8I 16 : : 4 ' ' = • • - 30.0 66.024.00 2 1 2 8 12 1 2 i 26.0 $4,636.00 E • . - - i i i • • - 46.0 $13,248 74.01 617,612 169,616.01 16.0E 10.0. 1 , • • ' - 2 629,880 : $2,718 : 03,906 2 $1,510 : 346.0 $88,884.00 Expenses Project Administration Postage/Courier Print ing Costs Ph otofVkeo Mil aege/Trave ['Per Diem Misc ell 8 tleOLIS rate/unit 330.00 Reimbursable Quantity Cost 0 $460.00 Total I $480.00 Tukwas 155 -CE services fee estimat, Fee Worksheet S ubconeuttants Ut[I1y Locate Mechanical Engineer' - - - - — Electrical Engineer 1 $37,000 Geotec Nike Engineer $15,202 I & C Engineer Suboo =titan t Subtotal; 82,20200 Markup 15% Total' $60,032.30 Page 1 of 1 PACE Billed Labor Total Reimbursable Expenses Su bcon suttents Total Project Budget Printed: 6121/2024, 11:15 AM PROJECT DESCRIPTION This project will provide construction support to the City of Tukwila for the PACE -designed improvements to the Sanitary Lift Sation #5 near Fort Dent Park. Construction of an above ground electrical building with new controls and installation of a new meter vault and new submersible pumps, piping, and valves. The project includes rehab work (demolition, cleaning, and coating) in the existing wet well, installation of miscellaneous site improvements, relocation of the existing generator, and other work necessary to complete the Work as specified and shown in the Contract Documents. The project also includes the relocation of existing gravity sewer, installation of approximately 55 lineal feet of new 4-inch ductile iron forcemain, and connection of the new forcemain to the existing forcemain. SCOPE OVERVIEW Specific tasks under this contract are shown below: TASK 1 - PROJECT MANAGEMENT PACE will be responsible for conducting ongoing coordination between the CITY and the contractor as needed as well as overall project management. Deliverables: • PACE will assist the CITY during the construction bid process, prepare up to 2-addenda and attend the bid opening. It is assumed that the CITY will manage the bid opening meeting. • PACE will prepare and provide a monthly status/progress reports itemized by task and subtask, to the CITY, describing work performed by the PACE's project team during the current reporting period. TASK 2 - CONSTRUCTION ADMINISTRATION Material Submittal Review PACE will review contractor -provided material submittals to assure the proposed materials are in accordance with the project's specifications. Copies of the submittal review documents will be furnished to the CITY, the Contractor, and the Inspector. Assumptions: The time it takes to conduct the required material submittal/review process can vary widely depending on the Contractor's chosen material submittal process. This scope and associated fee assume a maximum of 25 items to review. Any additional hours that are necessary due to multiple rounds of contractor submittals may be billed on a time and expense basis. 59 Deliverables: • One (1) pdf copy of initial contractor -provided material submittals with PACE comments along with master submittal log. • One (1) pdf copy of resubmittal contractor -provided material submittals with PACE comments along with updated master submittal log. Preconstruction Conference PACE will work with the CITY to prepare a draft preconstruction meeting agenda for the CITY. It is assumed that the CITY will facilitate and lead the preconstruction meeting, prepare meeting minutes and distribute the minutes to attendees. Deliverables: • One (1) pdf copy of draft construction conference meeting agenda Responding to Requests for Information (RFIs) PACE will respond to RFIs from the Contractor as they pertain to design elements and existing conditions shown on the contract plans and in the contract specifications as necessary. Assumptions: • The time it takes to conduct the required RFI reviews can vary widely depending on the Contractor. For budgeting purposes PACE has estimated ten (10) RFI responses. Any additional RFI responses that are necessary may be billed on a time and expense basis. • All RFI responses shall be provided to the contractor directly by the PACE through email white cc'ing CITY staff. • RFI's that are a result from a change of conditions in the field or outside the original project design will be billed on a time and expense basis Deliverables: • Up to ten (10) RFI responses in pdf format. Preparing Change Orders PACE shall prepare all required Change Orders for CITY issuance as defined in the contract specifications. Assumptions: • PACE shall coordinate with CITY on all proposed CHANGE ORDERS regardless of size or scope. While PACE shall coordinate with CONTRACTOR on executing any required change orders, CITY will approve prior to issuance. 60 • For budgeting purposes PACE has estimated two (2) Change Orders. Any additional Change Order required responses that are necessary may be billed on a time and expense basis. Deliverables: • Up to two (2) change orders in pdf format for execution by the CITY and the Contractor in accordance with the project specifications. Preparing Contractor Pay Requests PACE will prepare Progress Payment Requests from the Contractor and transmit them to the CITY's Project Manager for processing by the CITY. These payment requests will cover all aspects of the work as outlined in the bid proposal. PACE's inspector will review and coordinate with the CITY the actual quantities for payment for the requested work by CITY staff. Assumptions: • For budgeting purposes PACE has estimated 8 contractor pay requests processed on a monthly basis based on the proposed schedule and allowable working days in the contract. Any additional contractor pay requests that are necessary may be billed on a time and expense basis. Deliverables: • Up to eight (8) contractor pay requests in pdf format. TASK 3 - CONSTRUCTION INSPECTION PACE will provide limited construction inspection at critical stages of the project. It is assumed there will be a maximum of 10 site visits to the project site. Inspection reports will be provided in pdf format to the CITY and Contractor following each site visit. TASK 4 - GEOTECHNICAL CONSTRUCTION SUPPORT AESI will provide limited construction inspection at critical stages of the project TASK 5 - ELECTRICAL CONSTRUCTION SUPPORT Follet Engineers will provide limited construction inspection at critical stages of the project TASK 6 - PROJECT CLOSEOUT The PACE will assist the CITY in formal closeout of the project. Specific tasks include: • Final site visit with CITY to develop final punch list to be provided to the contractor. • Provide all required Substantial Completion correspondence in accordance with the project specifications. 61 • Create record drawings of the project based on the redlined construction drawings provided by the contractor as well as the PACE's field records. Record drawings will meet CITY formatting requirements. • Production of a Recommendation of Project Acceptance letter provided to the CITY. The PACE team will perform the above -described services on a Time and Expense basis at their 2024 Rates with a not to exceed amount of $129,476, as shown on the attached spreadsheet. The project budget will be tracked on the overall budget not by tasks which are for budget purposes only. END SCOPE OF WORK 62 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes July 22, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Mohamed Abdi Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Pete Mayer, Laurel Humphrey, Joel Bush, Eric Compton, Bryan Still 1. BUSINESS AGENDA A. Franchise Agreement: Wholesail Networks Staff is seeking approval of an ordinance granting Wholesail Networks a Franchise Agreement with a term of 5 years. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. B. Purchase Agreement: Large Water Meter Replacement Staff is seeking approval to purchase eleven Sensus Large Water Meters in the amount of $123,531.27. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. C. Construction Management Contract Amendment: Sewer Lift Station 5 Retrofit Staff is seeking approval of a supplemental agreement with PACE Engineers in the amount of $129,476.30 for the Sewer Lift Station 5 Retrofit project. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. D. Design Agreement: Sewer Lift Station 12 Upgrade Staff is seeking approval of an agreement with Parametrix in the amount of $221,304.58 for design of the Project. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. The meeting adjourned at 5:47 p.m. AP Committee Chair Approval Minutes by LH 63 64 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 08/05/24 JR ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 08/05/24 AGENDA ITEM TITLE Large Meter Water Replacement - Purchase Agreement CATEGORY ❑ Discussion Mtg Date 11 Motion Mtg Date 08/05/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR Council QMayor ❑HR DCD Finance EFire ❑TS ❑P&R ❑Police ®PWV Court SPONSOR'S As technology advances, replacing old meters becomes even more essential. The City is SUMMARY looking to replace two 8" meters, seven 6" meters, and two 4" meters at large businesses throughout the City. The City crew will attempt to perform the work in-house to save a large sum of money. Council is being asked to approve the purchase agreement with Ferguson in the amount of $123,531.27 for the purchase of 11 meters as part of the Large Meter Water Replacement Project. REVIEWED BY 11 LI DATE: Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. E Planning/Economic Dev. LTAC ❑ Arts Comm. ❑ Parks Comm. [1 Planning Comm. 07/22/24 COMMITTEE CHAIR: ARMEN PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department Comm IIEE Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $123,531.27 $200,000.00 $0.00 Fund Source: Comments: 2023 CIP, Page 61 MTG. DATE RECORD OF COUNCIL ACTION 08/05/24 MTG. DATE ATTACHMENTS 08/05/24 Informational Memorandum dated 07/19/24 2023 CIP, Page 61 Ferguson Quote Resolution 1864 Minutes from Transportation and Infrastructure Committee meeting of 07/22/24 65 66 TO: FROM: Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Pete Mayer, Interim Public Works Director BY: Adib Altallal, Utilities Engineer CC: Mayor Thomas McLeod DATE: July 19, 2024 SUBJECT: Large Meter Water Replacement - Purchase Project No. 92340101 Purchase Agreement ISSUE Approve the purchase agreement of eleven Sensus Large Water Meters from Ferguson. BACKGROUND Water meters provide the City accurate information about usage and potential leaks. Each water meter has a useful life of 10 to 15 years. As meters reach the end of their useful life, tracking of water usage and leakage becomes less accurate. The City might be missing out on a large revenue or even in rare cases overcharging customers. As technology advances, replacing old meters becomes even more essential. DISCUSSION The City uses Sensus water meters due to their reliability and availability. The City entered into a sole - source agreement with Ferguson as they are the only supplier of Sensus meters in the region. With smaller water meters, such 1", City crew performs that work routinely. The City is looking to replace two 8" meters, seven 6" meters, and two 4" meters at large businesses throughout the City. Since it is a like -for -like replacement, the City crew will attempt to perform the work in-house to save a large sum of money. The requested amount of $123,531.27 is strictly for the purchasing of those water meters; no labor is included in that cost. FINANCIAL IMPACT The purchase agreement is for $123,531.27. The project costs are within budget and are 100% funded by the water enterprise fund. Ferguson Meters Cost Cost Estimate $123,531.27 2023-2024 Budget $200,000.00 RECOMMENDATION Council is being asked to approve the purchase agreement with Ferguson in the amount of $123,531.27 for the purchase of two 8" meters, seven 6" meters, and two 4" meters as part of the Large Meter Water Replacement Project and consider this item on the Consent Agenda at the August 5, 2024, Regular Council Meeting. Attachments: 2023 CIP, Page 61 Ferguson Quote Resolution 1864 67 68 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Large Meter Water Replacement Project No. 92340101 DESCRIPTION: Upgrade and replace the City's existing large water meters. JUSTIFICATION: The new meters will enable easier and safer acces to the meters. A potential leak would also be detected much quicker. STATUS: Project scheduled for 2023 through 2027. MAINT. IMPACT: New equipment will slightly reduce maintenance needs. COMMENT: As most of the large water meters are within the CBD area, the construction will be phased out over several years to minimize disruption. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 50 50 50 50 200 Land (R/W) 0 Const. Mgmt. 0 Construction 100 100 100 100 100 600 1,100 TOTAL EXPENSES 0 0 50 150 150 150 100 100 2,000 1,300 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 0 50 150 150 150 100 100 600 1,300 TOTAL SOURCES 0 0 50 150 150 150 100 100 600 1,300 2023 - 2028 Capital Improvement. Program 61 69 70 0 FERGUSON' WATERWORKS FEL - TACOMA WW #3156 2042 SOUTH 112TH ST TACOMA, WA 98444-0000 Deliver To: From: Doug Schrock Comments: Phone: 253-538-8275 Fax: 253-531-9909 17:25:36 JUL 02 2024 Bid No: B016621 Bid Date: 06/04/24 Quoted By: DGS Customer: CITY OF TUKWILA METER ACCOUNT 600 MINKLER BLVD TUKWILA, WA 98188 FERGUSON WATERWORKS #3156 Price Quotation Phone: 253-538-8275 Fax: 253-531-9909 Cust Phone: 206-433-1800 Terms: NET 10TH PROX Ship To: CITY OF TUKWILA METER ACCOUNT 600 MINKLER BLVD TUKWILA, WA 98188 Cust PO#: LARGE OMNI METERS Job Name: OMNI C2 METERS Page 1 of 1 Item Description Quantity Net Price UM Total SF6XCXXBF1SXXXND 6 OMNI+ F2 100CF AMR 1FPL 45LL 4 11655.370 EA 46621.48 SC6X3XXBF1SXXXND 6 OMNI+ C2 100CF AMR 1FPL 24LL 3 6813.580 EA 20440.74 SC4X3XXBF1SXXXND 4 OMNI+ C2 100CF AMR 1FPL 2OLL 2 3944.710 EA 7889.42 SF8XCCXXBF1SXXXND 8 OMNI+ F2 100CF AMR 1FPL 53LL 2 18496.660 EA 36993.32 Net Total: $111944.96 Tax: $11586.31 Freight: $0.00 Total: $123531.27 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at https://www.ferguson.com/content/website-info/terms-of-sale Govt Buyers: All items are open market unless noted otherwise. HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=1539&on=1224 71 72 City of Tukwila Washington Resolution No. )86 1/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, WAIVING THE BIDDING REQUIREMENTS AND AUTHORIZING SOLE -SOURCE PURCHASE OF THE RUGID PUMP CONTROL SYSTEM PANELS AND SENSUS WATER METERS WITH AUTOMATIC METER READING. WHEREAS, RCW 39.04.280(1)(a) provides for exemption from competitive bidding requirements when purchases are clearly and legitimately limited to a single source of supply; and WHEREAS, the City's water, sewer, and surface water utility systems are equipped with matching equipment and control systems for consistent operational uniformity; and WHEREAS, the City currently has 10 sewer lift stations, 5 storm lift stations, 1 two - MG reservoir tank and pump station, and 4 wholesale water supply taps; and WHEREAS, the City's existing control system consists of pumping control panels manufactured by Rugid Computer; and WHEREAS, the City uses Sensus water meters with automatic meter reading capability compatible with the City's Eden utility billing system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. It has been determined that the City's water meters and sewer pump control panels are limited to a sole source. The competitive bidding requirements for the City's purchase of pumping control panels and water meters are hereby waived in order to ensure compatibility with the existing system. Section 2. The Public Works Department is authorized to purchase equipment from Rugid Computer and Sensus for the City's water, sewer and surface water utility systems to match current needs and maintain operational consistency in accordance with the waiver authorization denoted under RCW 39.04.280(2)(a) W:\Word Processing\Resolutions\Sole source -Pumping control panels and meters 8-18-15 PB:bjs Page 1 of 2 73 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this D,1 rday of So irro he v; 2015. ATTEST/AUTHENTICATED: Christy O'Flahert�/, MMC, City Clerk rull-", Council President APPROVED AS TO FORM BY: Rachel B. Turpin, ity Attorney Filed with the City Clerk: q -I b -! .S Passed by the City Counl ic) - I Resolution Number: v W:\Word Processing\Resolutions\Sole source -Pumping control panels and meters 8-18-15 PB:bjs 74 Page 2 of 2 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes July 22, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Mohamed Abdi Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Pete Mayer, Laurel Humphrey, Joel Bush, Eric Compton, Bryan Still 1. BUSINESS AGENDA A. Franchise Agreement: Wholesail Networks Staff is seeking approval of an ordinance granting Wholesail Networks a Franchise Agreement with a term of 5 years. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. B. Purchase Agreement: Large Water Meter Replacement Staff is seeking approval to purchase eleven Sensus Large Water Meters in the amount of *$123,531.27. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. C. Construction Management Contract Amendment: Sewer Lift Station 5 Retrofit Staff is seeking approval of a supplemental agreement with PACE Engineers in the amount of $129,476.30 for the Sewer Lift Station 5 Retrofit project. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. D. Design Agreement: Sewer Lift Station 12 Upgrade Staff is seeking approval of an agreement with Parametrix in the amount of $221,304.58 for design of the Project. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. The meeting adjourned at 5:47 p.m. AP Committee Chair Approval Minutes by LH 75 76 COUNCIL A GRNDA SYNOPSIS Initials Meeting Date Prepared Iy Mayor's review Council review 8/5/24 AJS ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: ADAM SCHIERENBECK ORIGINAL AGENDA DATE: 8/5/24 AGENDA ITEM TITLE Tax & Licensing Software Contract Approval CATEGORY 11 Discussion Mtg Date 8/5/24 E Motion Mtg Date El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date 8/5/24 E Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD 11 Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Finance Department is seeking approval to enter into a contract for tax and licensing software from HdL Companies. The cost of the contract is $104,000 for two years. The software will allow Finance to streamline its processes for managing City business taxes and business licensing. It will also enable businesses to file and pay tax returns online. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: 7/22/24 Community Svcs/Safety Finance & Governance [J Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONsoR/ADMIN. Finance Department COMMI I°I EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $104,000 AMOUNT BUDGETED $84,500 APPROPRIATION REQUIRED $19,500 Fund Source: FINANCE CAPITAL EQUIPMENT Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/5/24 MTG. DATE ATTACHMENTS 8/5/24 Informational Memorandum dated 7/16/24 HdL Company Profile and Project Approach Draft contract and exhibits Minutes from the 7/22 Finance and Governance Committee 77 78 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Tony Cullerton, Deputy Finance Director BY: Adam Schierenbeck, Senior Fiscal Coordinator CC: Mayor McLeod DATE: July 16, 2024 SUBJECT: Tax & License Software Budget Approval ISSUE Staff are requesting approval to enter into a contract for the set-up and use of tax and licensing software with HdL Companies. The software solution will enable the City to maintain a database of businesses operating in the City, improve the business license application approval process, aid the City in administering its business taxes, and allow businesses to file and pay business tax returns online. BACKGROUND The City's business and occupation (B&O) tax took effect on January 1, 2024. The B&O tax generally applies to every business activity engaged in within the City (unless specifically exempt), thereby significantly increasing the number of businesses that are subject to City taxes. Prior to the effective date of the B&O tax, staff consulted with other local taxing jurisdictions and met with numerous software vendors to find a solution that will provide the City with an internal system of record to aid in administering the tax while allowing businesses to file and pay tax returns online and. This solution was sought not only for B&O tax but also to administer the City's other business taxes on admissions, gambling, parking, and utilities. At this time, businesses must send tax returns by mail with payment made by check or money order. Finance Department staff must manually process each individual tax return and use Microsoft Excel to record and maintain the tax return information and business details. Thus, the processes required by both City staff and businesses are manual and labor-intensive. Excel is also used to route business license applications through multiple departments for approval. On January 31, 2024, the City published a request for proposals (RFP) for a tax administration and online filing system. On March 29, 2024, HdL Companies provided a response and cost proposal. Through subsequent discussions and software demonstrations, HdL Companies has established that its software solution will meet the City's desired requirements within budgetary constraints. DISCUSSION Approximately 3,400 B&O tax returns are expected to be received by the City annually, in addition to 1,600 returns for taxes due on admissions, gambling, parking and utilities. To properly administer and enforce the City's business taxes, staff must maintain a list of businesses that are subject to the tax; identify whether required tax returns have been filed and whether they were paid timely; and identify whether the correct amount of tax has been paid. Administering B&O tax is especially challenging compared to the City's other business taxes 79 INFORMATIONAL MEMO Page 2 due to the larger number of tax filers and the additional complexities related to B&O tax — including an annual taxable threshold, multiple tax rates, and multiple calculation schedules. While Microsoft Excel has been used as a means to track tax return data and maintain a list of businesses in the City, this method is time-consuming to maintain and prone to errors and omissions. The alternative software solution offered by HdL Companies provides an internal system of record that will allow a streamlined method for viewing, sorting, and analyzing tax return and business information. Staff anticipate that such software will lead to efficiency for routine tasks while improving the ability to monitor and enforce tax compliance. Importantly, HdL Companies' software solutions will allow businesses to file and pay City tax returns online, thereby providing a more efficient means for businesses to comply with the City's requirements. This also will reduce the staff time needed for manually processing payments. Finally, the solution offered by HdL Companies provides functionality related to business license application approvals, allowing applications to be routed through the various departments involved in the approval process. This task is currently being handled in Microsoft Excel, whereas the proposed solution would provide greater efficiency, accuracy, and timeliness. While the City did not receive a formal response to the RFP from other software vendors, a preliminary estimate provided by another vendor, Tyler Technologies, showed a first -year cost of $167,665 and recurring annual fees of over $28,000. An alternative option is to pursue an interlocal agreement with FileLocal, pending a vote of other member cities. FileLocal is a municipal subdivision of the State of Washington that was created to provide an online filing option for municipal B&O tax (and municipal business licensing). FileLocal does not, however, provide an internal system of record, and therefore, would solve only part of the solution. Staff recommend entering into an agreement with HdL Companies because the solution meets both the needs of staff and those of external customers at a similar cost to FileLocal. Staff conducted reference checks with the City of Bellingham and with Henry County, GA, both of which use HdL Companies' software solution to administer their taxes and/or license fees. Positive feedback was received from these references, with an emphasis on ease of use and timely responsiveness by the vendor. The draft contract and associated schedules have been reviewed and approved by the City Attorney's Office. FINANCIAL IMPACT The proposed software solution from HdL Companies will cost $84,500 in the first year, which includes a one-time startup cost of $65,000 and an annual recurring fee of $19,500. The total contract amount for two years — the length of time sought by the City for the initial agreement — is $104,000 (plus a CPI increase for the second year). This does not include additional training time beyond the amount specified in the contract (i.e. one day), and it does not include customization to the software. Should the City find that additional costs are needed as the project progresses, a contract amendment would be sought at that time. RECOMMENDATION Review and respond to the proposed budgetary approval. The Council is being asked to approve the budget for this contract at the Regular Meeting on August 5, 2024. ATTACHMENTS A. HdL Company Profile and Project Approach B. Draft contract and exhibits 80 A COVER LETTER AND COMPANY OVERVIEW Vicky Carben,Finance Director City ofTukwila Dear Ms. Cadsem. HdL Companies (HdL) is pleased to submit our proposal for Tax Administration and Online Filing System. With 40years of experience, HdL provides revenue enhancement and consulting services to local governments. Our firm serves over 7OO cities, counties and special districts across the nation and has recovered more than $3 billion in revenue. We use our expertise tVanalyze tax data to provide relevant insights to support your financial strategies. Our commitment to innovative solutions and quality customer service iSvalued byour clients, proven byour 99.696client retention rate and the over 6Omunicipalities who have switched t0HdLfrom other service providers. Our contact information is: Robert Gray, Director nfTax and Fee Administration/CIO HdLConnpanies 120S. State College Blvd., 5uite2OD Brea, CA 92821 Company Overview Hindorliter, de Llamas and Associates (HdA was established in 1983 to maximize local government revenues by providing allocation audits, analytical services, and software products to local governments. The firm, which is a 100% employee -owned company, provides audit and consulting services for sales, use and transaction taxes, and other locally administered taxes. HdLSoftware was formed in1996toprovide innovative software processing tools for business licensing, hospitality taxes, and other locally administered revenues. HdL`s systematic and coordinated approach to revenue nognagenoent, tax administration, and economic data analysis is currently being utilized by over 700 agencies nationwide. Currently partnering with over 700 cities and counties for services including business license tax/regis1ra1on, hospitality tax, and short-term nCnto|s. HdLprocesses hundreds 0fmillions in revenue annually from locally collected taxes. To date, HdL has recovered more than $3 billion in revenue for client agencies. -��~ RECOVERED REVENUE CLIENTS LOCAL GOVERNMENT 99% 0UENTRETENTION HdLernp|oys over25O employees. The firm will not be using any subcontractors or consultants for this project. Hd'E'111 Companies pmnus,|for Tax^mmioiaratlowaox OxKreNiro Systcw 81 HdLoffers the following advantages: • Relevant, timely and ongoing staff support by a team with decades of direct experience in municipal finance and budgeting, economic development, and maximization of revenues. • Tech nology-d riven resources for data analysis and reporting capabilities, providing immediate and convenient access tothe most up-to-datetax and fee information. • Expertise, ano|ysis, recaptured revenues' and precise budget forecasts to maximize your revenue streams. w Reliable continuity of service by 8 firm with stable Bnop|Oy8e ownership and 8 |0vv staff turnover rate. HdLis uniquely suited to delivering high quality and full -service solutions tothe City and its business community in the areas outlined in this proposal. HdLvviU provide unparalleled service, reporting, and analytics as requested by the City. HdL is committed to providing the City with the dedication time, personnel and resources needed for this project. We look forward to reviewing the proposal with you in more detail and demonstrate how HdL can enhance the Oty's bottom line. Please call if you have questions or need additional information. | can be reached at714.879.5O000rbyemail atrgray@hd|cornpanicszonn. Robert Gray Director of Tax and Fee Administration 82 Companies Proposal tor u^xxmioistr�ilwoanuo^n^cFl|i,�Svs[ew * B. EXECUTIVE SUMMARY Firm Profile HdL was established in 1983 to maximize local government revenues by providing allocation audits, analytical semices, and software solutions to local governments. The firm provides municipal revenue and software solutions for business license tax. lodging tax, sa|es, use and transaction tax, and various other locally administered taxes. In 1996. HdL introduced innovative software and revenue solutions for business license, transient occupancy tax and other locally administered revenues. HdL is an S-corporation and 100% employee owned. Qualifications HdL is uniquely suited to do|kxehDg high quality, fuU'scmicesoftvvarc solutions tothe City and its business community. HdL will provide unparalleled service, reporting, and analytics. Aslocal tax experts, the firm offers comprehensive software and services which assist municipalities with Business License Administration and Compliance, Hospitality Administration and Audits, Short Term Rentals Discovery and Administration, Rental Unit Registration' Operations Support, Fee and Ordinance Analysis and other analytical services that a||ovv cities and counties to expand the effectiveness of related internal operations. HdL has grown from one employee to over 250and is proud to be 100% employee owned. HdL empowers each employee -owner tnfulfill our mission of helping local government agencies increase revcnuns, gain actionable insights' maintain regulatory compliance, and operate more efficiently. This approach has led to steady long-term growth and financial stability, making HdL an ideal partner. HdL acknowledges the City's request to assist with Business Licensing Software and is proposing HdL's Prime solution to meet the City's desire fora business license solution. HdL's Best -of -Breed local tax software solution is utilized by hundreds of municipalities. Our team of professionals has the capacity to meet and exceed the expectations set forth in the City's RFP, as related to local tax software. Unlike ERP software providers, HdL has a dedicated local tax team which spends 100Y6 ofits time on local tax solutions and support for our municipal clients. As a direct result, HdL's best of breed business license solution is preferred by variety of municipalities throughout the nation, while maintaining an over 99.6% customer retention rate. Our staff brings hundreds of years of combined local government experience, including Certified Revenue Officers (CRO), business tax supervisors, finance directors and city managers. We have a broad and intimate understanding of the complex needs of local government. As former government professionals ourselves, our dedication to local government is second to none. Guided by this experience and our client relationships, HdL's Prime local tax solution continually improves in ease ofuse and functionality. HdL's Prime solution will support the City's identified core activities including business license fee collection, additional taxes/assessments, monitoring current activity, auditing license activity, and improving operations efficiency. Whether business license tax, hospitality tax/STR' UUT, parking facilities tax, rental unit registration, or other similar locally administered programs, HdL Prime will provide an efficient platform for both City staff and the City's business community. HdL also goes above and beyond in our service, pro- actively monitoring local and state legislation for potential impacts on locally administered revenue programs, both to ensure our systems are ready when legislation goes into effect, and also to shape potential legislation, when possible, tobenefit local governments. HdPy~ ^ ��Dq�la[�|es Proposal for Tax Admir- istra Lion and Orilinc Filing, Systen-) S 83 HdL's best of breed solution supports integrating with the City's other systems, allowing the City to benefit from the best available local tax solution for business license tax without requiring compromise by other departments. HdL Prime can be integrated with the City's finance, cashiering, permitting, GIS, and other systems as may be desired. The HdL Prime solution is built, continually enhanced, and supported by tax experts for local agencies. Equipment HdL's local tax software solution is offered as Software as a Service (SaaS). The City only needs to provide its users with reliable Internet access and a computing device supporting a standard Internet browser. The solution is hosted in the highly secure Microsoft Azure Government cloud, which adheres to security controls for the most rigorous security and compliance standards including ISO 27001, ISO 27018, SOC 1, SOC 2, SOC 3, FedRAMP and HITRUST. Azure Gov Cloud Environment Client Session HdL° Compa es Proposal tor Tax /\drrminisYm ion and Online Tiling System 6 o� �� PERSONNEL ��U��U K-��U�u�� Tax & Fee Administration Se^ces Team HdL's key staff has extensive local government experience, having previously held positions in city management, finance, planning, economic development, and revenue collection. The HdL team includes several experienced business license tax department supervisors and certified revenue officers (CR{}"). The firm has the staffing and capacity to provide the services requested by the City. HdL'sintimate understanding of local government needs coupled with our extensive databases and advanced methodology provides for the most relevant, productive, and responsive revenue solutions, software systems and customer service. The firm isproperly staffed tnprovide these services tothe City. RobertGray-Chief|nfmmnotionOfficer,DirectorofTaxandFee Administration K4c Gray serves as Chief Information Officer and Director of Tax and Fee Administration and has been with the firm since 1996. He has extensive experience inthe design, development, implementation and operation of revenue management solutions for local government. He introduced HdL's local tax services, which provide tax administration and consulting services to an increasing number of municipalities. While leading HdL'sTax and Fee Division through o period ofsignificant growth, he has ensured that HdL maintains its commitment to providing excellent customer service. He earned a Bachelor of Science degree in Computer Science and an MBA from Azusa Pacific University. Josh Davis - Director ofProfessional Services Mr. Davis has over 25 years of experience with local tax administration, discovery, and audit, and oversees skilled team which provides the most sophisticated local tax administration services available tomunicipalities. Trained inrevenue audit and discovery techniques, he is skilled in navigating the cornp|c« scenarios and needs often encountered during such services. He also possesses strong technical and business process capabilities which he employs to aid HdL clients in meeting their strategic objectives. His reputationamongst municipalities is that of a very capable local taxation expert who will help the municipalityachieve their objectives while providing excellent customer service throughout the engagement. Bret Harmon - Director of Client Experience Mc Harmon serves as the Director ofClient Experience. With over 2Oyears of experience leading and consulting local governments, Mr. Harmon understands firsthand the opportunities and struggles facing HdL clients. He leads the Client Experience division, which is dedicated to the success of each client. His team supports clients through implementation, going |kxe, and ongoing needs. He iswell- known for building strong relationships with his clients, nnent0ring his staff, and lifting organizations to new levels of success. Mr. Harmon earned a Master of Public Administration degree from Brigham Young University. D_�~�� - [l�O��|P� 8��8�- Companies ^.^~.^ pmmnA for u^xxmioioouiooand o^flioeFi|ir� sru^w 7 85 Connor Duckworth - Client Advisor Mr. Duckworth has over ten years of experience working for both State and local municipalities and providing political consulting to candidates on a number of races and referendums. As a project manager, he is responsible for the development and implementation of business license, tax, and revenue related products and services. He has served as a lecturer and mentor to municipalities nationwide and served as a Vice -President on both Division and State Boards for the CMRTA. He has won the CMRTA Lighthouse Award of Excellence for creating the top business license and revenue program in the State. Additionally, Mr. Duckworth also previously served on a countywide office which serves the needs of over 200,000 residents. H 86° Co pa Companies Proposal tor Tax.Adniinistmtlon and Online Filing System 8 D. PROJECT APPROACH AND SCOPE OF WORK Project Approach HdL's Prime Cloud tax software solution has the built-in capabilities to meet the City's needs for business licensing tax. HdL's solution is a unique combination of technology, expertise, and service. We have a broad, deep and intimate understanding of the complex needs of local government. As former government professionals ourselves, our dedication to local government is second to none. Guided by this experience and our client relationships, HdL's Prime local tax solution continually improves in ease of use and functionality. HdL's Prime solution will support the City's identified core activities including business license fee collection, additional taxes/assessments, monitoring current activity, auditing license activity, and improving operations efficiency. Whether business license tax, hospitality tax/STR, UUT, parking facilities tax, rental unit registration, or other similar locally administered programs, HdL Prime will provide an efficient platform for both City staff and the City's business community. HdL's solution can print QR codes on applications and renewal forms which can then be scanned to pull up accounts for payments or batch processing. Each account has a comments section for staff to enter information where their information is timestamped in the system. This also applies to HdL's approvals portal, which allows multiple departments to review and approve new applications through a workflow with the ability to attach photos, documents, and notes, see location history, and much more. There are two types of activity logs to track activity: the individual account log and the system event log. HdL's cloud software solution is accessible from anywhere via an Internet connection. Each user's access is secured through permissions assigned allowing for only specific activities to be performed. Permissions can be updated at any time by the named system administrators. HdL's solution offers robust inquiry and reporting capabilities, allowing users to create various reports from data collected in the system and generated into a pdf, xls, or csv file. Additionally, the system comes with dozens of helpful built-in reports. Ad -hoc lists can be easily generated through a sophisticated query system which allows powerful and immediate access to the City's valuable business data. All reports and emails can be saved for future use in the system. HdL's solution can be integrated with the City's other systems as may be desired, including cashiering, finance, permitting, GIS, and more. Daily journal entry files can automatically be generated, data can be pushed to other software platforms, and an available API can facilitate enhanced access or exchange of information. HdL also offers optional supporting services in partnership with our software solution, such as business license discovery and compliance or hospitality tax audits. HdL's business license discovery and compliance program will scour City provided and HdL proprietary data sources to identify businesses conducting activity within the City but not currently registered with the City. Upon confirmation of these leads, HdL can work with the business to get them registered and current on any applicable City taxes/fees. HdI9 Co pan es Proposal for Tax ristration and Online filing System 9 87 Sc � 't", � HdL's Phnnc local tax software solution has the built-in capabilities to meet the [it«s needs for business licensing software solutions. HdL's solution is a unique combination of technology, expertise, and service. We have a broad, deep and intimate understanding of the complex needs of local government. As former government professionals ourselves, our dedication to local government is second to none. Guided by this experience and our client relationships, HdL's Prime local tax solution continually improves in ease of use and functionality. HdL's Prime solution will support the [ity's identified core activities including business license fee co||cction, additional taxes/assessments, monitoring current activity, auditing license activity, and improving operations efficiency. Whether business license tax, H\/T/5TR, UUT, parking facilities tax, rental unit registration, orother similar locally administered programs, HdL Prime will provide an efficient platform for both City staff and the City'sbusiness community. HdL's solution has the ability to print QR codes on applications and renewal forms which can then be scanned to pull up accounts for payments or batch processing. Each account has a comments section for staff to enter information where their information istinnostarnpcd in the system. This also applies to HdL's approvals porta|, which allows multiple departments to review and approve new applications through a workflow with the ability toattach photos' documents and notes, see location history, and much more. There are two types of activity logs to track activity; the individual account log and the system event log. HdL's cloud software solution is accessible from anywhere via an internet connection. Each user's access is secured through permissions assigned allowing for only specific activities to be performed. Permissions can be updated at any time bythe named system administrators. HdL's solution offers robust inquiry and reporting capabilities, allowing users tocreate various reports from data collected in the system and generated into o pdf,x|s, orcsvfile. Additionally, the system comes with dozens of helpful built-in reports. Ad -hoc lists can be easily generated through a sophisticated query system which allows powerful and immediate access tothe City'sva|uab|e business data. All reports and ennai|scmn be saved for future use in the system. HdL's solution can be integrated with the City's other systems as may be desired, including cashiering, finance' permitting, G|S, and more. Daily journal entry files can automatically be generated, data can be pushed to other software platforms, and an available API can facilitate enhanced access or exchange of information. cote of or Technology Environment HdL's local tax software solution is offered as Software as a Service (SaaS). The City only need provide its users with reliable internet access and a computing device supporting a standard internet browser. The solution ishosted inthe highly secure Microsoft Azure Government cloud, which adheres tosecurity controls for the most rigorous security and compliance standards including |5[) 27001, |3(] 27018. 5[)C 1, SC>[ 2, 5C)[3, FedRAMPond H|TRUST. HdL's solution includes P[| compliant online payment processing powered via Nuvni's payments platform. Integrations with alternative payment processers can be built atthe request ofthe City. �� 88 Companies Software Hosting Services As a Software as a Service (SaaS) solution, the majority of IT concerns are offloaded to HdL's hosting team; including system upgrades, hardware and software maintenance, database management, disaster recovery, and security updates and monitoring. The City will be responsible for maintaining its workstations and providing a high speed, reliable Internet connection. HdL will handle the rest. Website functionality will be hosted using a City specific sub -domain on HdL's special purpose hdlgov.com domain. 1 Workstation Specifications - Workstations will access the software through HdL's cloud hosting service. All workstations require 8+GB Memory, 1280x1024 screen resolution, and a modern Internet web browser. 2. Network Specifications - HdL's hosted service requires reliable, high speed Internet connectivity. High-speed Internet connections are always helpful, but the service will also run over slower WAN connections such as mobile broadband. 3. Printer Specifications - The software is designed to work with laser printers. A PCL compliant laser printer is recommended. Each make and model of printer has different drivers and therefore has slightly different results when printing. We design forms/reports using HP LaserJet printers. Please find the following documents for the City's review: ✓ SLA - Prime Hosted Services ✓ Disaster Recovery Plan Implementation Plan for Prime Business License Software and Web Module HdL's Responsibilities 1. Project Manager - HdL will provide a project manager (PM) to guide the software implementation process. The primary responsibility for the PM is to ensure successful and timely completion of each step of the software implementation schedule. The PM will work closely with the City's designated project manager to define the software implementation schedule, identify the City' needs and configure the software accordingly, validate the data conversion, and provide user training. 2. IT Support - HdL will provide a dedicated IT staff member to provide IT support during the software implementation process. HdL Companies Proposal tor Fax Administration and Online F il:r'rg System 11 89 3. Management Support - HdL will assist the City in evaluating current policies and procedures in order toenhance operational efficiency. This may include suggestions toredesign fornns/reports.implement new processes, or adopt new strategies for improving communication with the business community and other City departments. 4. Training - HdL will provide software training for the [ity's users as defined in the fees schedule. The timing, size and participants nfeach training session will be determined by HdL and the City's Ph4s. Client's Responsibilities l. Project Manager - The City will designate a staff member to serve as the City's project manager (PK1). This individual must be intimately involved inthe daily business processes which the software will autonnate, and be empowered to make, orquickly secure from management, decisions required for the configuration and implementation ofthe software. The primary responsibility for the City PIVI is to ensure that all City responsibilities during the software implementation process are met according tnthe agreed upon software implementation schedule. The City's PM will be instrumental in the successful implementation of the software; working closely with HdL's PK4 toverify data conversion' review and approve reports, establish business rules, and confirm configuration and behavior nfthe software. 2. IT Support - The City will designate an IT staff member to work with HdL staff throughout the software implementation process. This individual must beknowledgeable about the City'scomputing environment and be authorized to access any equipment or services required for proper access to and operation ofthe software. Data Conversion HdL will convert the [ity'sexisting data as provided. The City agrees to provide its current data in a format agreed upon by HdL and the City. Acceptable formats include Microsoft SQL Server backup file, Excel, Access, and ASCII delimited text file. The City will provide all available documentation to assist with identifying the contents of the data files, including but not limited to file layout documentation, database schema, and screenshots from five (5) sample accounts. The City will provide the data a rninirnunn of two times during the conversion process. The City understands that the second (and any subsequent) data must be provided in the same format and layout asthe first data set Any inconsistencies between the first and final data sets will result in a delayed installation date and additional charges for conversion. Schedule The timeline for software implementation (including "Go Live") will be determined in discussions with the City, considering resource availability, and final project scope and constraints. HdL estimates that implementation for the City will required between 10 to lb weeks from receipt of initial discovery materials and data. Implementations which have multiple custonoizationsand integrations are subject toan updated timeline as agreed upon by both parties. When the Agreement is signed by all parties, HdL will immediately work with the City to establish a concrete implementation schedule which is agreeable to both the City and HdL. Company Approach to Project anagement HdL's approach to assisting the City of Tukwila include: Local Tax Solution Provider mfChoice by Local Governments - HdL has been partnering with local governments for 40 years and is the preferred provider of local tax solutions, having been selected by more agencies than any other provider while maintaining an over99% customer retention rate. Our brood and informed customer base and unmatched dedication to serving local governments have helped ustodeliver local tax solutions ofthe highest quality. Companies w Exceptional Customer Support - Our staff represents hundreds of years of local government experience, including CROs, business tax supervisors, finance directors and city managers. \A/ehave a broad, deep and intimate understanding of the complex needs of local government. As former government professionals ourselves, our dedication to local government is second to none. ^ FuU'ServiceProvder- HdL is the only firm which provides software as well as tightly integrated local tax services as needed, including modernizing your municipal code and tax structure, discovery and audit services, and consulting services which encompass any circumstance which may be encountered in the realm of local government licensing and taxes. * Integrations - HdL offers a best ofbreed local tax solution without compromise, as Prime can be integrated with the City's other systems, such as finance, cashiehng, permit tracking, |ockbox processing' sales tax data, property tax data, and more. HdL has built a track record of successful implementations by listening to our client's needs and tailoring our process asneeded. We understand that the City of Tukwila has unique business processes and requirements, so our methodology is a combination of structure and flexibility. The result is a process that predictably moves the project towards completion while allowing for the unique requirements of the project. The HdL Implementation Methodology consists of three phases as pictured here bc|ovv, each with a p|onning, delivery, and closure stage. Our goal is to keep the process structure as simple as possible, which minimizes disruption ofCity operations and keeps the project burdenon[itystaffassnna||aspossib|e.TheHdLProject Manager works with the City Project K4anagerateveryphaseandstagetnensureasuccessfu|project. The first project de|k/ensb|ewiU be detailed project plan, determined through coordination between HdL and the City, pending further project nequinernentsdiscovoryanddVcumentationofproject specifications. NMI / Hd'E'111 Comparties 13 91 Client Support HdL will provide the City with no charge support by telephone and email during the term of the agreement. Support isavailable asfollows: For customer support between the hours of8:OOarnand 5:0Opnm Pacific time, Monday through Friday, email supportphd|connpanies.conn or call (909) 861'4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email 9116Dhd|cornpanies.conn and HdL's on call support personnel will be notified. Please only include your name, agency and contact phone number in ennai|s to 911@hd|connpanies.conn. HdLwill contact you assoon aspossible. Response Time In the event that the City encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, HdLvviU assign one of the following severity levels and render support services in a timely manner consistent with the urgency of the situation. • Severity Level 1 - a critical problem has been encountered such that the software is essentially inoperable and without a reasonable workaround. HdL will respond within one (1) business hour to diagnose the problem. A response is defined as an ennni| or call to the [ity's designated support contact. HdL and the City will work diligently and continuously to correct the problem as quickly as possible. • Severity Level 2 - a problem has been encountered that does not prevent use of the software, but the software isnot operating correctly. HdLwill diagnose the problem within 48hours and advise the City nfany available work -around. Upon HdL's confirmation that the software is not operating correctly, HdL will provide a software update to repair the defect and confirm with the City that the update resolved the issue. • Severity Level 3 - a minor problem has been encountered. The software is usable but could be improved by correction of minor defect or addition of usability enhancement. HdLvvi|| assess the request within fifteen (15) business days and, depending on priorities, schedule a software update for a future release, advise City that the request will not be irnp|ennented, oroffer the option of implementing the request as a custom software enhancement at additional cost. Support Policy Regarding Reports HdL will assist with modifications to reports as needed during the term of the agreement with the City. Typical report modifications require 7to1Obusiness days tocomplete. Very complex reports orreports required in a very short time frame may incur development costs, in which case an estimate will be provided for approval before the work isbegun. Software Upgrades Except to the extent that upgrades of the software include new modules or features not previously offered as part of the software as of the date hereof, the City is entitled to upgrades of the software within the terms of the agreement with the City. Though rare, additional costs may apply depending on the extent ofthe upgrade. Potential additional costs include training, configuration, orother consulting services. Online Payment Processing HdL,ssoftvvare is bundled with PC| compliant payment gateway services powered by Nuve, which supports both credit card and eCheck transactions. If a different payment gateway is required there will be a programming cost to establish the custom payment gateway integration. Comoanies Payment Processing HdL will provide its services to support payments remitted to the City. HdL will transmit transactions for authorization and settlement through HdL's certified payment processor. Funds for transactions processed by HdL will be submitted to the City's designated bank account as follows: (i) no more than two (2) business banking days after all Transactions (other than electronic [heck Transactions) that are successfully processed prior to 5:00 p.m. ET on each business banking day (e.g., a Transaction authorized at2:O0 p.m. ET on Monday will be submitted on Wednesday; aTnansaction successfully processed at 8:00 p.m. ET on Monday will be submitted on Thursday); and (ii) no more than five (5) business banking days for all electronic Check Transactions that are successfully processed prior to 5:00 p.m. ET on each business banking day. HdL makes no representation or warranty astowhen funds will bemade available hvthe City'sbank. Electronic Check Authorization If the City elects toaccept electronic Checks as a form of payment, the following subsections apply. For the purpose of this section, "checks" means checks drawn on accounts held in the U.S. ("Check(s)"). 1. As part ofthe implementation plan, the City will select risk management controls governing Check acceptance and assumes sole responsibility for the choice ofcontrols. 3. HdLvviU U provide confirmation on a submitted ABA number as part ofthe Service to assist the City with the decision whether tnaccept a Check and shall route accepted Checks. 3. The City authorizes HdL to debit the City's financial institution account in the amount of any returned item that i5received byHdL. Client Responsibilities l. As a condition to its receipt of the Service, the City shall execute and deliver any and all applications, agreements, certifications or other documents required by Networks orother third parties whose consent or approval is necessary for the processing of Transactions. "Network" is an entity or association that operates, under a common service rnark, a system which permits participants to authorize, route' and settle Transactions among thennse|ves, including, for exannp|e, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover. 2. The City agrees that it will comply with applicable laws and regulations and network rules, regulations or operating guidelines. We request that the City notify HdL in writing as soon as possible in the event a claim is either threatened or filed against the City by any governmental organization having jurisdiction over the City or Customer related to the Service. We also ask that the City notify HdL in writing as soon as possible in the event a claim is either threatened or filed against the City relating to Transactions or the Services or a fine or other penalty is assessed or threatened relating to Transactions orthe Services. 3. The City agrees that it will continue to be in full compliance with all applicable requirements ofthe [ity's Information Security Program of VISA, the Site Data Protection Program of MasterCard, and similar programs of other Networks, and any modifications to such programs that may occur from time to time. Upon the request of HdL, the City shall provide HdL with documentation verifying compliance with this Section. 4. We request that the City grant HdL the full right, power and authority to request, receive and review any Data nrrecords reflected inaTransaction report. �A� Companies pmpaaImrTaxxdmirisorahonand O"IircFi|irmSys tern is 93 94 ��t� � ~~"�� ~~" "=""°°""= Contract Number: CONTRACT FOR SERVICES This Aonaennert is entered into by and between the City of Tukwila, VVashington, o non -charter optional municipal code city hereinafter referred to as "the Cib/.^ and NdL Companies hereinafter referred toaa"the Contractor.''whose principal office is located at 120 S State Co||mqe Blvd Ste 200, 0nga, CA 92821. The City and the Contractor are each individually o ''Portv^ and collectively the WHEREAS. the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services tmbaPerformed by Contractor. The Contractor shall perform Ulcme services described on Exhibit attached hereto and incorporated herein by this reference GS if fully set forth. In performing such services, the Contractor shall at all drneS comply with all Federal, 8totg. and local atatutgs, rules and ordinances applicable to the performance of such services and the handling ofany funds used inconnection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2 ConnDemsatiomand Method mf Payment. The City shall pay the Contractor for services rendered according to the rote and method set forth on Exhibit B attached hereto and incorporated herein bythis reference. The total amount tobgpaid shall not exceed aone-time cost of$05.UOOand an annual software user fee of $19,500 plus CPI adjustment as set forth on Exhibit B. a Contractor Budget. The Contractor shall apply the funds received under this Agreement within the rn8xinnunl |inlbs set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires toamend its budget inany way. 4 Duration otAgreement. This Agreement shall bginfull force and effect for aperiod commencing August 10. 2024, and ending August 9. 2026, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. The Contractor and the City agree that the Contractor isanindependent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee ofContractor shall be entitled to any benefits accorded City employees by Virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or snoie| security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties ofonemployer with respect tothe Contractor, orany employee ofthe Contractor. T|SContract for Svcs Template 02-2021 {usn4877-7680-5839;243175u00001/} Page 1 of 10 95 6. Indemnification. A. Contractor Indemnification. The Contractor shall indemnify, defend and hold harmless the City its officers, Offi{i8|3, 8rnp|Oy88G, volunteers and permitted successors and assigns harmless from any and all claims, injuries, d8rnGg8s.|QSSeSOrGWit3inC|Uding8UDrneyfHeG(COUeCtime|y' "LOSSeS")'iDconnection with any claims, demands, suits Orproceedings (COUeCtive|y'"C|@i0S") made or alleged against the City by a third party arising out of or resulting from the acts, errors Or OmiSSiOnS' or the intentional or negligent performance of the C0ntn9C1Or in performance Of this Agreement, except for injuries 8nddGm8geSCGUSedbytheSO|8nHg|iQenCeOf1heCib/. B. RCVV 4.24.115. However, should 8 court of competent jurisdiction determine that this Agreement is subjectRCW 4.24.115, then,in the bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration Ortermination Vfthis Agreement. C. |nfriDqe0eDt Indemnification. In addition to Contractor's obligations under Section O.A., the O. Contractor shall indemnify, defend, and hold harmless the City and its directors, officers, employees, agents and other representatives against any Losses in connection with Claims made or alleged against the City by a third party that the services, software or deliverables infringes a U.S. patent, copyright or other intellectual property rights of any third party. The foregoing indemnification obligation does not apply to any Claims or Losses arising out of or relating to any: (a) access to or use of the software in combination with any hardware, system, software, network or other materials or service not provided or authorized by this Agreement or otherwise in writing by the Contractor; or (b) modification of the software other than: (i) by or on behalf of the Contractor; or (ii) with the Contractor's written approval or in accordance with Contractor's written specifications. Mitigation. If any of the services, software or deliverables are, or in Contractor's opinion are likely to be, claimed to infringe, misappropriate or otherwise violate any third -party intellectual property right, or if the City's or any Authorized User's use of the services, software or deliverables is enjoined or threatened to be enjoined, the Contractor may, at its option and sole cost and expense: i. obtain the right for the City to continue to use the Services, Software and Deliverables materially as contemplated by this Agreement; ii. modify or replace the services, software and deliverables, in whole or in part, to seek to make the services, software and deliverables (as so modified or replaced) non -infringing, while providing materially equivalent features and functionality; or iii by written notice to the Chv. terminate this Ao[eeDl8rk with respect to all Or part Of the Services, Software and Deliverables, and require the City b}immediately cease any use [f the Services, Software and Deliverables O[any specified part or feature ther8Of, provided that if such termination occurs, the Contractor shall refund any prepaid fees to the City and provide transition services free Ofcharge. T|SContract for Svcs Template 02-2O21 Page 2of10 {osn4877-7680-5839;243175u00001/} 96 E. UDlh@ik)D ofU8bi|hy. In DO event will either party be liable under or in CODOSCtioO with this agreement or its subject matter under any legal Or equitable th8Ory, including breach of contract, tort (including negligence), strict liability and otherwise, for any: /i\loss Ofrevenue Or profit; or (ii) COnSequeOU@|' incidental, iAdi[8Ct, exemplary, special, OF punitive d@0@geS' regardless of whether such persons were advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy Ufits eSSeDU@| purpose. In DO event shall the aggregate liability Of either party arising out of or related to this agreement exceed the greater Oftwo U0eS the fees paid under the agreement Or$1'OOU'000;provided however, the limitation Vfliability set forth in this section Sh8|| not apply to: (i) Contractor's indemnification obligations for infringement C|@iD1S made Or brought against the City by 8 third p@dx as described herein, damages related to claimsbrought inst the City due to Ch ofCitv'S data, including but not limited to damages, penalties or other liabilities g from government enforcement 8CU0Ds Or breach notification requirements. The provisions of this SeC1iOO Sh@|| survive the expiration or termination of this agreement. 7 Insurance. Prior to commencing the Services, the Contractor shall procure and maintain at its sole cost and expense at least the following insurance, covering its obligations under this Agreement. A Insurance Policies. i. Commercial General Liability., With coverage of not less than $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 prod ucts-com pleted operations aggregate limit, which shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, prod ucts-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad ii. Cyber Liability Insurance: With coverage of not less than $1,000,000 per occurrence and $5,000,000 in the annual aggregate which shall include, but not be limited to, coverage, including defense, for the following losses or services: (1) Breach of City's Data, including but not limited to liability arising from theft, dissemination, and/or use VfCitV's confidential and Pgr8On@| |nfOrnl8UOn GS defined by RCW42.58.59O, including but not limited to, any iDfO0o@UOD about an individual maintained by City, including: /8\ any iDfO[D18tiOD that can be used to distinguish or trace an individu8|'S identity, such as name, SoCi@| security number, date and p|@C8 of birth' mother's maiden n3me, or biOmetric records; and (b) any Other information that is linked Qrlinkable tO@O individual, such as medical, eduC8UODa|' fiQ@OCi@|' and employment information n8g8rd|eSG of how or vvhHrB the information is SiVr8d Or transmitted. T|SContract for Svcs Template 02-2021 {osn4877-7680-5839;243175u00001/} Page 3 of 10 97 (2) Network security liability arising fnznn: (@) the unauthorized access to, use of, Or C8nnp8hng with computer systems, by an outside p8rtv, including hacker attacks or virus introduced by third party; Or (b) the inability Cf@n authorized third party to gain access to supplier ayatgnna and/or City L)ata, including denial of servioe, unless caused by @ mechanical or electrical failure; /c\ introduction of any unauthorized software computer code or virus causing damage to City Data or any other third party data. (3) Event management services and first -party loss expenses for a data breach response including QiSiS rn8n8g8rnerk S8rviC8S. Credit monitoring for individuals, public relations, legal service advice, notification of affected parties, independent information security forensics firm, and COStS to re-secure,re-create and n8StOne data or systems. iii. Workers' Compensation coverage aSrequired b the Industrial Insurance laws Ufthe State of Washington. iv. Automobile Liability Insurance of a minimum combined single limit for per occurrence for bodily injury and property damage of $1,000,000 per accident, covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. V. rroreSS0nGi ua0xqxEnDrSanQ Unn|S3|(including Technology Errors and Omissions) of at least $1,000,000 per occurrence and $2,000,000 in the annual aggregate. B. Additional Insurance Requirements. i. If the Contractor 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 the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. ii. The insurance required in Section 7 shall be in a form and on terms and written by insurers with a current A.M. Best rating of not less than A: VI I. The Commercial General Liability, Cyber Liability Insurance and Automobile Liability Insurance shall name the City as an additional insured, and shall contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. iii The Contractor shall provide the City with written notice of any policy cancellation within two business days of the receipt Of such notice. Contractor ShGU obtain nRo|aCQrn8n1 insurance pOU[if�s meeting the nBqUin9nn8ntG of this Section 7. iv. Failure of the Contractor to Ol@iDt@iD the iOsu[8OC8 as required shall constitute @ DlGt8ri@| breach of this Agreement, upon which the City may, after giving five business days' notice to the Contractor to correct such breach, immediately terminate this Agreement. V. The Contractor's 08iOteA8OCH of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. T|SContract for Svcs Template 02-2O21 {osn4877-7680-5839;243175u00001/} Page 4 of 10 vi. Subcontractor's Insurance. The Contractor shall cause each and every subcontractor utilized by the Contractor in connection with the provision of Services ("Subcontractors"), to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy, using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. vii. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage., a Record Keeping and Reporting. A. Records Maintenance. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. Retention Period. These records shall be maintained for a period of seven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C. Public Records Requests. The Contractor acknowledges that the City is a public entity and is subject to the Public Records Act under Chapter 42.56 RCW. To the extent permitted by law, the City shall treat as exempt from treatment as a public record, and shall not disclose in response to a request made pursuant to any applicable public records law, any of the Contractor's Confidential Information. If a request is received for records the Contractor has submitted to the City and has identified as Confidential Information, the City will use its best efforts to provide the Contractor with notice of the request in accordance with RCW 42.56.540 and a reasonable time within which the Contractor may seek an injunction to prohibit the City's disclosure of the requested record. The City shall comply with any injunction or court order requested by the Contractor which prohibits the disclosure of any such Confidential Information;` however, in the event a higher court overturns such injunction or court order, the Contractor shall reimburse the City for any fines or penalties imposed for failure to disclose such records. Nothing in this section prohibits the City from complying with RCW 42.56, or any other applicable law or court order requiring the release of public records, and the City shall not be liable to the Contractor for compliance with any law or court order requiring the release of public records. D. Compelled Disclosures. If either the Party or any of its Representatives is compelled by applicable law to disclose any Confidential Information then, to the extent permitted by law, that Party shall: (a) promptly, and prior to such disclosure, notify the other Party in writing of such requirement so that they can seek a protective order or other remedy or waive its rights under Section 3; and (b) provide reasonable assistance, at the Disclosing Party's cost, to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this section, the Receiving Party remains required by law to disclose TIS Contract for Svcs Template 02-2021 {0E R4877-7680-5839; 2/ 1317 5.000001/ } Page 5 of 10 99 any CODfidSDU@| |DfO00adk]D. the Receiving Party ShGU diSdOSO only that pO[UOD Of the Confidential Information that the Receiving Party is legally required to disclose. This Section 8.2 shall not apply to Subscriber's response to a request made under the Public Records Act, Chapter42.58 RCVV. 9. Breach Notification. A. The Contractor shall maintain a data breach plan and shall implement the procedures required under such data breach plan on the OCCUrnBnQe of data breach, in COrnp|i8nCB with the requirements of Washington's data bnB@Ch DOUfiC8dOD |@vV codified at FlCVV42.5S.59O. The Contractor shall report, in writing, to the City any data breach involving data maintained by the Contractor on behalf of the City ("City Data") including any reasonable belief that an unauthorized individual has accessed City Data. The report shall identify the nature of the event, a list of the affected individuals and the types of data, and the mitigation and investigation efforts of the Contractor. The Contractor shall make the report to the City immediately upon discovery of the data breach, but in no event more than five business days after discovery of the data breach. The Contractor shall provide investigation updates to the B. The Contractor hU promptly reimburse investigation, remediation or litigation resulting from any data breach. The Contractor's duty to reimburse the City includes but is not limited to, reimbursing to the City its cost incurred in doing the following: i. Notification to third parties whose information may have been or were compromised and to regulatory bodies, law enforcement agencies or other entities as may be required by law Orcontract; iicredit monitoring and/or identity restoration data Ur8@CU of nature that, in the City's sole discretion, could lead to identity theft; and iii Payment of legal fees and expenses, audit COStS. fines and penalties, and other fees imposed upon the City by a regulatory agency, court Oflaw, or contracting partner as @ result of the data breach. C. Upon a data breach, the Contractor is not permitted to notify affected individuals without the express written consent of the City. Unless the Contractor is required by |@vv to provide notification third parties or the affected individuals in 8 particular Dl@DDe[' the City ShGU control the time, place, and manner of such notification. 18 City Data. The Contractor does not claim ownership of, and assumes no responsibility with respect to any City Data defined as information, data, and content, in any form or medium, collected, downloaded, or otherwise received, directly or indirectly from the City, an Authorized Personnel or end -users by or through the Contractor's Services. 11. Audits and Inspections. The records and documents with respect toall matters covered bvthis Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 12 Termination. This Agreement may ctany time be terminated by the City giving tothe Contractor 3Odays written notice ofthe Citv'aintention 0oterminate the same. Failure 0oprovide products on schedule may result incontract termination. |fthe Contractor's insurance coverage iacanceled for any reason, the City shall have the right to terminate this Agreement immediately. T|SContract for Svcs Template 02-2021 {osn4877-7680-5839;243175u00001/} Page 6 of 10 1a Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement: A. Each Party shall continue to hold such Confidential Information in confidence pursuant to Section 8; and B. Each Party shall pay to the other all undisputed amounts accrued prior to and through the date Oftermination Ofthis Agreement; and The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its DG1Un8 ShOU|d SUrViV8 t8n0iO@tiOD or expiration of this AO[8eOU8Di. will survive any expiration OFtermination Ofthis Agreement. O. Within 60 days following such expiration or termination, the Contractor shall deliver to the City, m8format 8Srequested Ly the City, the then most recent version of City Data maintained by the COD1[GCtO[. provided that the City has at that time paid all undisputed fees Ul8D outstanding and any '�GV8b|8after OrGS8result OfSUc�expir8UOnOr[erminaUOn. ^ ^ /" *`" =","+ "+/x "°"/,�"" ","� *�/",+"="/"�«*��,�m�x�a�."="""",� ",/m * C. E. ) he City no longer '4. Taxes. The Contractor shall be solely responsible for the payment of any and all applicable taxes related to the Services provided under this Agreement; if such taxes are required to be passed through to the City by law, the same shall be duly itemized on timely billings submitted to the City by the Contractor. la Waiver. Avv8iV8[ of any breach by either constitute @ waiver Ofany subsequent 1Cx Third for the conveniences ofthe Parties and there are no third party beneficiaries to this Agreement. 17 Compliance with Laws. The Consultant shall comply with all applicable federal, state, and local laws and regulations in performing this Agreement. 18. Discrimination Prohibited. Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 18 Assianmnemt and Subcontract. The Contractor shall not assign nrsubcontract any portion [fthe services contemplated by this Agreement without the written consent of the City. 20. Entire Agreement: Modification. This Agreement, together with attachments or oddendo, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, neprgagntadons, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. T|SContract for Svcs Template 02-2O21 {osn4877-7680-5839;243175u00001/} Page 7 of 10 101 21. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 22 Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 23. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing any such action shall be entitled to its attorneys fees and costs of suit. 24. Force Majeure. Neither Party shall be responsible for failure to fulfill its obligations hereunder or liable for damages resulting from delay in performance as a result of war, fire, strike, pandemic, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of equipment, software, or services from suppliers, default of a subcontractor or vendor to the Party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of the other Party, or its officers, directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the Party's reasonable control ("Excusable Delay" hereunder). In the event of such Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably necessary to compensate for such delay. 25. Counterparts. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. This Amendment shall be considered properly executed by a Party if executed by that Party and transmitted by facsimile or other electronic means including, without limitation, SeamlessDocs or other City -approved program, Tagged Image Format Files (TIFF), or Portable Document Format (PDF). 26. Conflict in Terms. In the event of a conflict between the terms of this Agreement and the terms in any other document, including but not limited to all Exhibits hereto, the terms of this Agreement shall prevail. 27. Additional Exhibits and Documents Incorporated by Reference. Exhibit C (Service Level Agreement), Exhibit D (City of Tukwila Security Requirements), and Exhibit E (Data Protection and Information Security Exhibit) are all attached hereto and incorporated herein by this reference. In addition, the City of Tukwila RFP for Tax Administration Software Solution and Online Tax Filing Software Solution, (issue date January 31, 2024), including exhibits, and the HdL Companies RFP Response "City of Tukwila Proposal for Tax Administration and Online Filing System" dated March 29, 2024, including exhibits, are incorporated herein by this reference. TIS Contract for Svcs Template 02-2021 {0E R4877-7680-5839; 2/ 1317 5.000001/ } 102 Page 8 of 10 Exhibit A: Scope of Services Exhibit B: Compensation Schedule Exhibit C: Service Level Agreement (SLA) Exhibit D: City of Tukwila Security Requirements Exhibit E: Data Protection and Information Security Exhibit TIS Contract for Svcs Template 02-2021 {0E R4877-7680-5839; 2/ 1317 5.000001/ } Page 9 of 10 103 ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: By: Thomas McLeod, Mayor Date ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney Printed Name: Title: Address: Date: TIS Contract for Svcs Template 02-2021 Page 10 of 10 {0E R4877-7680-5839; 2/ 1317 5.000001/ } 104 Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA EXHIBIT A - SCOPE OF SERVICES Consultant will provide the following Services relative to Consultant's local tax software solution. 1. Software Implementation 1.1. Consultant's responsibilities 1.1.1. Project manager - Consultant will provide a project manager (PM) to guide the software implementation process. The primary responsibility for the Consultant PM is to ensure successful and timely completion of each step of the software implementation schedule. The Consultant PM will work closely with the Client's designated project manager to define the software implementation schedule, identify Client needs and configure the software accordingly, validate the data conversion, and provide user training. 1.1.2. IT support - Consultant will provide a dedicated IT staff member to provide IT support during the software implementation process. 1.1.3. Management support - Consultant will assist the Client in evaluating current policies and procedures in order to enhance operational efficiency. This may include suggestions to redesign forms/reports, implement new processes; or adopt new strategies for improving communication with the business community and other Client departments. 1.1.4. Training - Consultant will provide software training for Client users as defined in the fees schedule. The timing, size and participants of each training session will be determined by the Consultant's and Client's IMs 1.2. Client's responsibilities 1.2.1. Project manager - Client will designate a staff member to serve as the Clients project manager (PM). This individual must be intimately involved in the daily business processes which the software will automate, and be empowered to make, or quickly secure from management, decisions required for the configuration and implementation of the software. The primary responsibility for the Client; PM is to ensure that all Client responsibilities during the software implementation process are met according to the agreed upon software implementation schedule. The Client PM will be instrumental in the successful implementation of the software; working closely with the Consultant PM to verify data conversion, review and approve reports, establish business rules, and confii iu configuration and behavior of the software. 1.2.2. IT support - Client will designate an IT staff member to work with Consultant staff throughout the software implementation process. This individual must be knowledgeable about the Client's computing environment and be authorized to access any equipment or services required for proper access to and operation of the software. 1.3. Data Conversion - Consultant will convert the Client's existing data as provided by Client. Client agrees to provide, its current data in a format agreed upon by Consultant and Client. Acceptable formats include Microsoft SQL Server backup file, Excel, Access, and ASCII delimited text file. Client will provide all available documentation to assist with identifying the contents of the data files, including but not limited to file layout documentation, database schema, and screenshots from five (5) sample accounts. Client will provide the data a minimum of two times during the conversion process. Client understands that the second (and any subsequent) data must be provided in the same format and layout as the first data set. Any inconsistencies between the first and final data sets will result in a delayed installation date and additional charges for conversion. 1.4. Schedule — The default timeline for software implementation (including "Go Live") is approximately 60 days from receipt of initial discovery materials. When the Agreement is signed by all parties, Consultant will immediately work with the Client to establish a defined implementation schedule which is agreeable to both Client and Consultant. 1211802. Page 1 of 4 105 Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA 2. Software Hosting Services — Consultant's hosting services offload the majority of IT concerns to Consultant's hosting team; including system upgrades, hardware and software maintenance, database management, and disaster recovery. Client will be responsible for maintaining its workstations and a reliable internet connection. Consultant will handle the rest. Website functionality will be hosted using a Client specific sub -domain on Consultant's special purpose hdlgov.com domain. 2.1. Workstation Specifications — Workstations will access the software through a remote application session with Consultant's hosting service. All workstations require 4+GB Memory, 1280x1024 screen resolution, and MS Windows 10/11 operating system. 2.2. Network Specifications — Consultant's hosted service requires reliable, high speed internet connectivity. High-speed local area network connections are always helpful, but the service will also run without difficulty over slower WAN connections such as Tl or mobile broadband. 2.3. Printer Specifications - The software is designed to work with laser printers. A PCL compliant laser printer is recommended. Each make and model of printer has different drivers and therefore has slightly different results when printing. We design forms/reports using HP LaserJet printers. 3. Software Support 3.1. Client Support - Consultant will provide Client's users no charge support by telephone, email and the web during the term of this Agreement. In the United States support is available as follows: For customer support between the hours of 8:00 am and 5:00 pm Pacific time, Monday through Friday, email support(a hdlcompanies.com or call (909) 861-4335 and ask for software support. For urgent off hours support before 8:00 am or after 5:00 pm Pacific time, Monday through Friday (or anytime Saturday), email 911'aa,hdlcompanies.com and Consultant's on call support personnel will be notified. Please only include your name, agency and contact # in emails to 911�hdlcompanies.eom. You will be contacted as soon as possible. 3.2. Response Time — In the event that Client encounters an error and/or malfunction whereby the software does not conform to expected behavior in accordance with the software design, Consultant will assign one of the following severity levels and render support services in a timely manner consistent with the urgency of the situation. 3.2.1. Severity Level 1— a critical problem has been encountered such that the software is essentially inoperable and without a reasonable workaround. Consultant will respond within one (1) business hour to diagnose the problem. A response is defined as an email or call to the Client's designated support contact. Consultant and Client will work diligently and continuously to correct the problem as quickly as possible. 3.2.2. Severity Level 2 a problem has been encountered that does not prevent use of the software, but the software is not operating correctly. Consultant will diagnose the problem within 48 hours and advise Client of any available work -around. Upon Consultant's confirmation that the software is not operating correctly, Consultant will provide a software update to repair the defect and confirm with Client that the update resolved the issue. 3.2.3. Severity Level 3 — a minor problem has been encountered. The software is usable but could be improved by correction of a minor defect or addition of a usability enhancement. HdL will assess the request within fifteen (15) business days and, depending on priorities, schedule a software update for a future release, advise Client that the request will not be implemented, or offer the option of implementing the request as a custom software enhancement at additional cost. 3.3. Support Policy Regarding Reports - Consultant will assist with modifications to reports as needed during the term of this agreement. Typical report modifications require 7 to 10 business days to complete. Very complex reports or. reports required in a very short time frame may incur development costs, in which case an estimate will be provided for approval before the work is begun. 3.4. Software Upgrades - Except to the extent that upgrades of the software include new modules or features not previously offered as part of the software as of the date hereof, Client is entitled to 1211802. Page 2 of 4 106 Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA upgrades of the software within the terms of this Agreement. Additional costs may apply depending on the extent of the upgrade. Potential additional costs include training, consulting, configuration, or other requested services. 3.5. Out of Scope Support — Client agrees to pay additional hourly fees according to Consultant's then current hourly rates if the Client desires Consultant's assistance for matters which are not caused by any defects in Consultant's software. 4. Online Payment Processing 4.1. Standard Payment Processing Solution — Consultant's software includes PCI compliant prayment processing services, supporting both credit card and eCheck transactions. Consultant guarantees continued support of the Standard Payment Processing Solution across all releases of Consultant's software and the Standard Payment Processing Solution, at no cost to Client. 4.1.1. Payment Processing - Consultant shall provide its Services to support payments remitted to Client. Consultant shall transmit transactions for authorization and settlement through Consultant's certified payment processor. Funds for transactions processed by Consultant hereunder shall be submitted to Client's designated bank account as follows: (i) no more than two (2) business banking days after all Transactions (other than electronic Check Transactions) that are successfully processed prior to; 5:00 p.m. ET on each business banking day (e.g., a Transaction authorized at 2:00 p.m. ET on Monday will be submitted on Wednesday; a Transaction successfully processed at 8:00 p.m. ET on Monday will be submitted on Thursday); and (ii) no more than five (5) business banking'days for all electronic Check Transactions that are successfully processed prior to+5:00 p.m. ET on each business banking day. Consultant makes no representation or warranty as to when funds will be made available by Client's bank. 4.1.2. Support - Consultant shall provide Client with payment processing related customer service as needed. Client shall timely report any problems encountered with the service. Consultant shall promptly respond to each report problem based on its severity, the impact on Client's operations and the effect on the service. Consultant shall either resolve the problem or provide Client with the information needed to enable the Client. to resolve it. 4.1.3. Transaction Errors - Consultant's sole responsibility for any Transaction error or reversed Transaction is to determine whether the result indicates a problem with Consultant's service and, if necessary, reprocess and resubmit the Transaction without additional charge. In the event that a Transaction is reversed or refunded to any Customer of Client, for any reason, Consultant may offset such amount against funds remitted to Client, or invoice Client for such amount, at Consultant's discretion. Client shall pay any such invoice within 30 days of receipt. 4.1.4. EIectronic Check Authorization If Client elects to accept electronic Checks as a form of payment, the following subsections apply. For the purpose of this section, "checks" means checks drawn on accounts held in the U.S. ("Check(s)"). 4.1.4.1. As part of the implementation plan, Client shall select risk management controls governing Check acceptance and assumes sole responsibility for the choice of controls. 4.1.4.2. Consultant shall provide conftrmation on a submitted ABA number as part of the Service to assist Client with the decision whether to accept a Check and shall route accepted Checks. 4.1.4.3. Client hereby authorizes Consultant to debit the Client's financial institution account in the amount of any returned item that is received by Consultant. 4.1.5. Client Responsibilities 4.1.5.1. As a condition to its receipt of Consultant's Standard Payment Processing Solution, Client shall execute and deliver a payments services/merchant application with Consultant's Standard Payment Processing Solution vendor to establish Client's merchant account for payments processing, and any and all applications, agreements, certifications or other 1211802. Page 3 of 4 107 1211802. Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA documents required by Networks or other third parties whose consent or approval is necessary for the processing of Transactions. This includes "Network" is an entity or association that operates, under a common service mark, a system which peiliiits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover. 4.1.5.2. Client represents, warrants, and agrees that it does and will comply with applicable Laws and regulations and Network rules, regulations or operating guidelines. Client shall notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client by any governmental organization having jurisdiction over Client or a Customer related to the Service. Client shall also notify Consultant in writing as soon as possible in the event a claim is either threatened or filed against Client relating to Transactions or the Services or a fine or other penalty is assessed or threatened relating to Transactions or the Services. 4.1.5.3. Client represents, warrants and agrees that it is and will continue to be in full compliance with all applicable requirements of the Client Information Security Program of VISA, the Site Data Protection Program of MasterCard, and similar programs of other Networks, and anymodificationsto such programs that may occur from time to time. Upon the request of Consultant, Client shall provide Consultant with documentation reasonably satisfactory to Consultant verifying compliance with this Section. 4.1.5.4. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights. 4.2. Custom Payment Processing Solution - Should Client require a different payment processing solution than Consultant's designated standard solution, Client will pay an initial custom development fee to establish the integration as well as an increase to the annual use fee to maintain the integration across regular maintenance releases of Consultant's software and Client's custom payment processing solution. The annual use fee does not include significant redevelopment of the integration as may be required for major updates to Consultant's software or Client's custom payment processing solution. Before commencing any work Consultant will provide a statement of work (SOW) defining the scope of work to be performed, timeline for development, and all associated costs. Page 4 of 4 108 Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA EXHIBIT B — COMPENSATION SCHEDULE 1. Pricing Adjustments — All pricing listed in this Schedule will be honored during the first twelve months of software services. Any additional/optional services needed after this period will be provided using Consultant's current pricing schedule at the time the service is requested. 2. Software Services 2.1. One Time Costs Item Price Comments Software License Fee $37,500.00 5 Named users WA Department of Revenue Business License Integration $5,000.00 Custom Integration Implementation $10,500.00 Project management, installation, configuration, report design, training, etc. Data conversion $12,000.00 Travel Expenses TBD At cost Training - 1 Day Included Additional days available at $2,000/day TOTAL $65,000 Total one-time costs 2.1.1. Software License Fee — Fee includes use of the software by the specified number of users and all standard forms and reports. Additional user licenses are available for $1,500.00 license fee plus $450 annual software use fee. 2.1.2. Data Conversion - Fee includes two (2) conversions of Client data. The first for the pre -install environment used for testing and training, and the second at go -live. Additional conversions can be performed, upon request, at a cost of $2,500 per conversion. Includes up to 30 hours of developer time. Unusually complex conversions or poor data quality may require additional effort beyond the 30 hours, which will be charged at the developer hourly rate. 2.1.3 Travel Expenses — Travel and lodging expenses are billed at cost and apply to all meetings; including process, pre -installation, installation, training, and support. Consultant is dedicated to conserving public funds, and ensures any travel costs are required and reasonable. 2.1.4. Customizing Services — Consultant's software is a customizable off the shelf system (COTS), and has been designed to meet all common needs of municipalities. Should the need occur, Consultant is available to provide custom enhancements to the software on a time and material basis. No work shall be performed without prior written approval of Client. 2.2. Recurrint Costs Item Price Comments Software User Fee $19,500 Due at Prime Cloud core system "Go Live", and annually thereafter + CPI. Includes HdL cloud -hosted database with 5 named users. 109 Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA 2.2.1. Software Use Fee — Software Use Fee is billed annually, and provides for ongoing customer support and updates to the software. 2.2.2. Hosting Services — The fee for software hosting services is billed annually in advance, along with the software use fee. 2.2.3. CPI — Recurring costs will be increased as of January 1st of each calendar year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the "CPI Change"). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be 3.54, and if the actual CPI Change is 12%, then the annual increase will be 10%. 3. Payment Processing — Consultant's Standard Payment Processing Solution will configure payment processing services to utilize either a taxpayer funded model (service/convenience fee) or Agency funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here. 3.1. Taxpayer funded model — Client authorizesConsultant to collect each convenience fee from the taxpayer at time of payment. 3.1.1. Credit and debit card processing — 2.9% of transaction amount, minimum of$2.00 3.1.2. ACH/eCheck processing - $2.50 per transaction 3.1.3. ACH/eCheck returns - $0.00 per return 3.1.4. Chargebacks - $0.00 per chargeback 3.1.5. Payment Account Hosting and Maintenance - $35.00 per 3.2. Agency funded interchange passthrough model 3.2.1. Credit and debit card processing — 2.9% of transaction amount, + $0.30 per transaction 3.2.2. ACH/eCheck processing - $0.75 per transaction 3.2.3. ACH/eCheck returns - $1000 per return 3.2.4. Chargebacks - $25.00 per chargcbaek 3.2.5 Payment Account Hosting and Maintenance - $35.00 per month 3.3. Consultant reserves the right to reviewland adjust pricing related to payment processing services on an annual basis. Consultant will'' communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to: regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service. 3.4. Fees do not include expenses, late fees or charges, or taxes, all of which shall be the responsibility of Client. In addition to the charges specified, Client shall be responsible for (a) all interchange and network provider fees, (b) all dues, fees, fines and assessments established and owed by Client to Visa and/or Mastercard, (c) for all costs and fees associated with changes to ATM protocol caused by Client's conversion to the Services, and (d) any increase in postage charges, provided that any increase in charges resulting from (a) through (d) shall not exceed the actual increase incurred by Consultant. 4. Payment Schedule 4.1. All one-time project costs and the first year service fees shall be paid as follows: 4.1.1. 60% shall be due within 30 days of the effective date of the Agreement. 4.1.2. 30% shall be due within 60 days of the effective date of the Agreement. 4.1.3. The final 10% shall be due within 30 days of full system delivery or first production use of the software, whichever comes first. 110 Hinderliter De llamas & Associates HdL Prime Software City of Tukwila, WA 4.2. Any travel and lodging expenses are billed at cost as they are incurred. Such expenses shall be due within 30 days of the billing date. 4.3. Recurring software service fees will be invoiced each year on the anniversary of the effective date of the Agreement, and shall be due within 30 days of the invoice date. 4.4. Payment processing service fees are invoiced monthly for the prior month's activity, and shall be due within 30 days of the invoice date. 111 112 EXHIBIT C SERVICE LEVEL AGREEMENT (SLA) Service Level Agreement: The Services, in a production environment, are provided with the service levels described in this Exhibit C. SLAs are only applicable to production environments. SLAs will be available upon Customer's signature of Contractor's Go Live Acceptance Form for Customer's production environment. "Contractor" means HdL Companies. 99.9% Application Availability Actual Application Availability % = (Monthly Minutes (MM) minus Total Minutes Not Available (TM)) multiplied by 100) and divided by Monthly Minutes (MM), but not including Excluded Events Service Credit Calculation: An Outage will be deemed to commence when the Applications are unavailable to Customer in Customer's production environment hosted by Contractor and end when Contractor has restored availability of the Applications. Failure to meet the 99.9% Application Availability SLA, other than for reasons due to an Excluded Event, will entitle Customer to a credit as follows: Actual Application Availability % (as measured in a calendar month) Service Credit to be applied to Customer's monthly invoice for the affected month <99.9% to 99.75% 10% <99.75% to 98.25% 15%` <98.25% to 97 75% 25% <97.75% to 96.75% 35% <96.75% 50% "Outage' means the accumulated time, measured in minutes, during which Customer is unable to access the Applications for reasons other than an Excluded Event. "Excluded Event" means any event that results in an Outage and is caused by: (a) the acts or omissions of Customer, its employees, customers, contractors or agents; (b) the failure or malfunction of equipment, applications or systems not owned or controlled by Contractor, including without limitation Customer Content, failures or malfunctions resulting from circuits provided by Customer, any inconsistencies or changes in Customer's source environment, including either intentional or accidental connections or disconnections to the environment; (c) Force Majeure events; (d) expected downtime during the Maintenance Periods described below; (e) any suspension of the Services in accordance with the terms of the Agreement to which this Exhibit C is attached; (f) the unavailability of required Customer personnel, including as a result of failure to provide Contractor with accurate, current contact information; or (g) using an Application in a manner inconsistent with the Documentation for such Application. "Maintenance Period" means scheduled maintenance periods established by Contractor to maintain and update the Services, when downtime may be necessary, as further described below. The Maintenance Period is used for purposes of the Service Credit Calculation; Contractor continuously maintains the production environment on a 24x7 basis to reduce disruptions. TIS EXH Service Level Agreement 02-2021 Page 1 of 3 113 Customer Specific Maintenance Period 1. Customer will choose one of the following time zones for their Maintenance Period: a. United States Eastern Standard Time, b. GMT/UTC, c. Central European Time (CET) or d. Australian Eastern Standard Time (AEST). 2. Customer will choose one of the following days of the week for their Maintenance Period: Saturday, Sunday, Wednesday or Thursday. 3. Contractor will use up to 6 hours in any two consecutive rolling months (specifically: January and February; March and April; May and June; July and August; September and October; November and December) to perform Customer Specific Maintenance, excluding any customer requested Application updates. Downtime in excess ofthese six hours will be deemed to be an Outage. 4. Customer Specific Maintenance will occur between 12 am - 6 am during Customer's selected time zone. 5. Excluding any customer requested Application updates, Contractor will provide notice for planned downtime via an email notice to the primary Customer contact at least seven days in advance of any known downtime so planning can be facilitated by Customer. 6. Customer Specific Maintenance Windows also include additional maintenance windows mutually agreed upon by Customer and Contractor. 7. In absence of instruction from Customer, Contractor will by default perform Maintenance in the time zone where the Data Center is located. Non -Customer Specific Maintenance Period Contractor anticipates non -Customer Specific Maintenance to be performed with no or little (less than three hours per month) Customer downtime. If for any reason non -Customer Specific Maintenance requires downtime, Contractor will provide as much notice as reasonably possible of the expected window in which this will occur. Downtime in excess of three hours per month for Non -Customer Specific Maintenance will be deemed to be an Outage. "Monthly Minutes (MM)" means the total time, measured in minutes, of a calendar month commencing at 12:00 am of the first day of such calendar month and ending at 11:59 pm of the last day of such calendar month. "Total Minutes Not Available (TM)" means the total number of minutes during the calendar month that the Services are unavailable as the result of an Outage. Reporting and Claims Process: Service Credits will not be provided if: (a) Customer is in breach or default under the Agreement at the time the Outage occurred; or (b) the Outage results from an Excluded Event. TIS EXH Service Level Agreement 02-2021 Page 2 of 3 114 Contractor will provide Customer with an Application Availability report on a monthly basis for each prior calendar month. Within 60 days of receipt of such report, Customer must request the applicable Service Credit by written notice to Contractor. Customer waives any right to Service Credits not requested within this time period. All performance calculations and applicable Service Credits are based on Contractor records and data unless Customer can provide Contractor with clear and convincing evidence to the contrary. The Service Level Agreements in this Exhibit, and the related Service Credits, apply on a per production environment basis. For the avoidance of doubt, Outages in one production environment may not be added to Outages in any other production environment for purposes of calculating Service Credits. Customer acknowledges that Contractor manages its network traffic in part on the basis of Customer's utilization of the Services and that changes in such utilization may impact Contractor's ability to manage network traffic. Therefore, notwithstanding anything else to the contrary, if Customer significantly changes its utilization of the Services from what is contracted with Contractor and such change creates a material and adverse impact on the traffic balance of the Contractor network, as reasonably determined by Contractor, the parties agree to cooperate, in good faith, to resolve the issue. TIS EXH Service Level Agreement 02-2021 Page 3 of 3 115 116 Exhibit D City of Tukwila Security Requirements Introduction During the term of this agreement, Contractor shall operate an information security program designed to meet the confidentiality, integrity, and availability requirements of the service or product being supplied. The program shall include at a minimum the following security measures. Governance 1. Information Security Policy: Contractor shall develop, implement, and maintain an information security policy and shall communicate the policy to all staff and contractors. 2. Information Security Accountability: Contractor shall appoint an employee of at least manager level who shall be accountable for the overall information security program. 3. Risk Management: Contractor shall employ a formal risk assessment process to identify security risks which may impact the products or services being supplied, and mitigate risks in a timely manner commensurate with the risk. Asset Management 4. Asset Inventory: Contractor shall maintain an inventory of all hardware and software assets, including asset ownership. 5. Data Classification: Contractor shall develop, implement, and maintain a data classification scheme and process designed to ensure that data is protected according to its confidentiality requirements. Supply Chain Risk Managemen 6. Supplier Security Assessments: Contractor shall engage in appropriate due diligence assessments of potential suppliers which may impact the security of the services or products being supplied. 7. Security in Supplier Agreements: Contractor shall ensure that agreements with suppliers who may impact the security of the services or products being supplied contain appropriate security requirements. Human Resource Security 8. Information Security Awareness: Contractor shall develop and implement an information security awareness program designed to ensure that all employees and contractors receive security education as relevant to their job function. 9. Background Checks: Contractor shall conduct appropriate background checks on all new employees based on the sensitivity of the role that they are being hired for. Identity Management, Authentication and Access Control 10. Authentication: Contractor shall ensure that all access, by employees or contractors, to its information systems used to provide services or products being supplied shall require appropriate authentication controls that at a minimum will include: TIS EXH Security Requirements 02-2021 Page 1 of 3 117 a. Strong passwords or multi -factor authentication for users b. Multi -factor authentication for all remote access 11. Authorization: Contractor shall ensure that all access to its information systems used to provide services or products being supplied shall be approved by management. 12. Privileged Account Management: Contractor shall appropriately manage and control privileged accounts on its information systems that at a minimum will include: a. Use of dedicated accounts for privileged activity b. Maintaining an inventory of privileged accounts 13. Access Termination: Contractor shall develop and maintain a process designed to ensure that user access is revoked upon termination of employment, or contract for contractors. Data Security 14. Encryption: Contractor shall ensure that all laptops, mobile devices, and removable media, including those that are owned by Contractor employees or contractors, which may be used to store, process, or transport organizational data are encrypted at all times. [Scoping guideline: This re puireent may be removed ed if Contractor is not expected to possess any confidential or sensitive organizational data[ 15. Secure Disposal: Contractor shall ensure that all media which may be used to store, process, or transport organizational data is disposed of in a secure manner. [Scoping guideline: This requirement may be removed if Contractor is not expected to possess any confidential or sensitive organizational l data] System Acquisition, Development and Maintenance 16. Security Requirements: Contractor shall ensure that information security requirements are defined for all new information systems, whether acquired or developed. 17. Separation of Environments: Contractor shall ensure that development and testing environments are separate from their production environment. 18. Data Anonymization: Contractor shall ensure that the City of Tukwila's data will not be used in the development or testing of new systems unless the data is appropriately anonymized. 19. Secure Coding: Contractor shall ensure that all applications are developed with secure coding practices, including OWASP Top 10 Most Critical Web Application Security Risks. Physical and Environmental Security 20. Risk Assessment: Contractor shall use a formal risk assessment methodology to identify physical and environmental threats and shall implement controls to minimize the risks. TIS EXH Security Requirements 02-2021 118 Page 2 of 3 Information Protection Processes and Procedure 21. Hardening: Contractor shall develop and implement security configuration baselines for all endpoint and network devices types. 22. Network Segregation: Contractor shall segregate its network into zones based on trust levels, and control the flow of traffic between zones. 23. Anti-Malware: Contractor shall ensure that all information systems that are susceptible to malware are protected by up-to-date anti-malware software. 24. Wireless Access Control: Contractor shall ensure that wireless network access is protected, including at a minimum: a. All wireless network access should be encrypted b. All wireless network access to the production network should be authenticated using multi -factor authentication such as machine certificates c. Wireless network access for personal devices and guest access should be segregated from the production network 25. Patching: Contractor shall evaluate timely fashion according to their risk. 26. Backup and Recovery: Contractor shall implement a backup and recovery process designed to ensure that data can be recovered in the event of unexpected loss. Protective Technology 27. Logging: Contractor shall ensure that security event logging requirements have been defined, and that all information systems are configured to meet logging requirements. 28. Intrusion Detection: Contractor shall deploy intrusion detection or prevention systems at the network perimeter. 29. URL Filtering: Contractor shall deploy tools to limit web browsing activity based on URL categories. 30. Denial of Service Protection: Contractor shall deploy controls to detect and mitigate denial of service attacks est, and apply information system patches in a Security Continuous Monitoring 31. Security Monitoring: Contractor shall deploy automated tools to collect, correlate, and analyze security event logs from multiple sources, and monitor them for suspected security incidents. 32. Vulnerability Assessments: Contractor shall conduct vulnerability assessments against all Internet -facing information systems on a regular basis, no less often than quarterly. 33. Penetration Testing: Contractor shall perform penetration tests on all web applications and services, in accordance with standard penetration testing methodologies, on a regular basis, no less often than annually. Information Security Incident Management 34. Incident Response: Contractor shall develop, implement, and maintain an information security incident response process, and will test the process on a regular basis, no less often than annually. TIS EXH Security Requirements 02-2021 Page 3 of 3 119 120 Exhibit E Data Protection and Information Security This Data Protection and Information Security Exhibit ("Exhibit") is an attachment to the Agreement and sets forth the data protection and information security requirements of City of Tukwila. This Exhibit includes by reference the terms and conditions of the Agreement. In the event of any inconsistencies between this Exhibit and the Agreement, the parties agree that the terms and conditions of the Exhibit will prevail. Throughout the term of the Agreement and for as long as Contractor controls, possesses, stores, transmits, or processes Confidential Information as part of the Services provided to City of Tukwila, Contractor will comply with the requirements set forth in this Exhibit. Any breach of this Exhibit will be deemed a material breach under the Agreement. 1. Definitions "Authorized Personnel" for the purposes of this Exhibit, means Contractor's employees or subcontractors who: (i) have a need to receive or access Confidential Information or Personal Information to enable Contractor to perform its obligations under the Agreement; and (ii) are bound in writing with Contractor by confidentiality obligations sufficient for the protection of Confidential Information and Personal Information in accordance with the terms, and conditions set forth in the Agreement and this Exhibit. "Common Software Vulnerabilities" (CSV) are application defects and errors that are commonly exploited in software. This includes but is not limited to: (i) The CWE/SANS Top 25 Programming Errors — see http://cwe.mitre.orq/top25/ and http://www.sans.org/top25-software-errors (ii) The Open Web Application Security Project's (OWASP) "Top Ten Project" — see http://www.owasp.orq "Confidential Information" means certain non-public proprietary information that has economic value and is protected with reasonable safeguards to maintain its secrecy. Confidential Information may include, but is not limited to any financial data, business and other plans, specifications, equipment designs, electronic configurations, design information, product architecture algorithms, quality assurance plans, inventions (whether or not the subject of pending patent applications), ideas, discoveries, formulae, models, requirements, standards, trade and manufacturing secrets, drawings, ,samples, devices, demonstrations, technical information, all Personal Information as defined in RCW 42.56.590 that come within the Contractor's possession in the course of performance under this Agreement, as well as any and all intellectual and industrial property rights contained therein or in relation thereto; provided that, Personal Information shall remain Confidential Information even if at the time of disclosure or collection, or later, it is or becomes known to the public. "Industry Standards" mean generally recognized industry standards, best practices, and benchmarks including but not limited to: (i) Payment Card Industry Data Security Standards ("PCI DSS") — see http://www.pcisecuritystandards.org/ (ii) National Institute for Standards and Technology — see http://csrc.nist.gov/ (iii) ISO / IEC 27000-series — see http:l/www.iso27001security.com/ TIS EXH Data Protection and Info Security 02-2021 Page 1 of 10 121 (iv) COBIT 5 — http://www.isaca.org/cobit/ (v) Cyber Security Framework — see http:l/www.nist.gov/cyberframework/ (vi) Cloud Security Alliance — see https://cloudsecurityalliance.org/ (vii) Other standards applicable to the services provided by Contractor to City of Tukwila "Information Protection Laws" mean all local, state, federal and international laws, standards, guidelines, policies, regulations and procedures applicable to Contractor or City of Tukwila pertaining to data security, confidentiality, privacy, and breach notification. "Personal Information" also known as Personally Identifiable Information (PII), is defined in RCW 42.56.590 and includes information of City of Tukwila customers, employees and subcontractors or their devices gathered or used by Contractor that can be used on its own or combined with other information to identify, contact, or locate a person, or to identify an individual or his or her device in context. Examples of Personal Information include name, social security number or national identifier, biometric records, driver's license number, device identifier, IP address, MAC address, either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual or device, such as date and place of birth, mother's maiden name, etc. "Security Incident" is any actual or suspected occurrence of (i) Unauthorized access, use, alteration, disclosure, loss, theft of, or destruction of Confidential Information or the systems / storage media containing Confidential Information (ii) Illicit or malicious code, phishing, spamming, spoo (iii) Unauthorized use of, or unauthorized access to, Contractor's systems (iv) Inability to access Confidential Information or Contractor systems as a result of a Denial of Service (DOS) or Distributed Denial of Service (DDOS) attack (v) Loss of Confidential Information due to a breach of security "Security Vulnerability" is an application, operating system, or system flaw (including but not limited to associated process, computer, device, network, or software weakness) that can be exploited resulting in a Security Incident. 2. Roles of the Parties and Compliance with Information Protection Laws As between City of Tukwila and Contractor, City of Tukwila shall be the principal and Contractor shall be its agent with respect to the collection, use, processing and disclosure of all Confidential Information. The Parties shall comply with their respective obligations as the principal (e.g., data owner/controller/covered entity) and agent (e.g., data processor/business associate/trading partner) under all Information Protection Laws. The Parties acknowledge that, with respect to all Confidential Information processed by Contractor for the purpose of providing the Services under this Agreement: a. City of Tukwila shall determine the scope, purpose, and manner in which such Confidential Information may be accessed or processed by Contractor, and Contractor shall limit its access to or use of Confidential Information to that which is necessary to TIS EXH Data Protection and Info Security 02-2021 122 Page 2 of 10 Define the administrative, physical, and technological controls to protect the confidentiality, integrity, and availability of Confidential Information, City of Tukwila systems, and Contractor systems (including mobile devices) used in providing Services to City of Tukwila Encompasses secure access, retention, and transport of Confidential Information Provide for disciplinary or legal action in the event of violation of policy by employees or Contractor subcontractors and vendors (iv) Prevent unauthorized access to City of Tukwila data, City of Tukwila systems, and Contractor systems, including access by Contractor's terminated employees and subcontractors (v) Employ the requirements for assessment, monitoring and auditing procedures to ensure Contractor is compliant with the policies (vi) Conduct an annual assessment of the policies, and upon City of Tukwila written request, provide attestation of compliance. b. In the SOW or other document, Contractor will identify to City of Tukwila all third -party vendors (including those providing subcontractors to Contractor) involved in the provision of the Services to City of Tukwila, and will specify those third -party vendors that will have access to Confidential Information. provide the Services, comply with applicable laws, or as otherwise directed by City of Tukwila; b. Each party shall be responsible for compliance with Information Protection Laws in accordance with their respective roles; and c. Contractor and City of Tukwila shall implement the technical and organizational measures specified in this Exhibit and any additional procedures agreed upon pursuant to a Statement of Work ("SOW") to protect Confidential Information against unauthorized use, destruction or loss, alteration, disclosure or access. 3. General Security Requirements Contractor will have an information security program that has been developed, implemented and maintained in accordance with Industry Standards. At a minimum, Contractor's information security program will include, but not be limited to, the following elements: 3.1 Information Security Program Management. Contractor will have or assign a qualified member of its workforce or commission a reputable third -party service provider to be responsible for the development, implementation and maintenance of Contractor's enterprise information security program. 3.2 Policies and Standards. To protect City of Tukwila Confidential Information, Contractor will implement and maintain reasonable security that complies with Information Protection Laws and meets data security Industry Standards. a. Security Policies and Standards. Contractor will maintain formal written information security policies and standards that: (i) TIS EXH Data Protection and Info Security 02-2021 Page 3 of 10 123 3.3 Security and Privacy Training. Contractor, at its expense, will train new and existing employees and subcontractors to comply with the data security and data privacy obligations under this Agreement and this Exhibit. Ongoing training is to be provided at least annually and more frequently as appropriate or requested by City of Tukwila. City of Tukwila may provide specific training material to Contractor to include in its employee/subcontractor training. 3.4 Access Control. Contractor will ensure that City of Tukwila Confidential Information will be accessible only by Authorized Personnel after appropriate user authentication and access controls (including but not limited to two -factor authentication) that satisfy the requirements of this Exhibit. Each Authorized Personnel shall have unique access credentials and shall receive training which includes a prohibition on sharing access credentials with any other person. Contractor should maintain access logs relevant to City of Tukwila Confidential Information for a minimum of six years or other mutually agreed upon duration. 3.5 Data Backup. The parties shall agree in an SOW or other document upon the categories of City of Tukwila Confidential Information that are required to be backed up by Contractor. Unless otherwise agreed to in writing by City of Tukwila, backups of City of Tukwila Confidential Information shall reside solely' in the United States. For the orderly and timely recovery of Confidential Information in the event of a service interruption: a. Contractor will store a backup of Confidential Information at a secure offsite facility and maintain a contemporaneous backup of Confidential Information on -site to meet needed data recovery time objectives. b. Contractor will encrypt and isolate all City of Tukwila backup data on portable media from any backup data of Contractor's other customers. 3.6 Business Continuity Planning (BCP) and Disaster Recovery (DR). Contractor will maintain an appropriate business continuity and disaster recovery plan to enable Contractor to adequately respond to, and recover from, business interruptions involving City of Tukwila Confidential Information or services provided by Contractor to City of Tukwila. a. At a minimum, Contractor will test the BCP and DR plan annually, in accordance with ndustry Standards, to ensure that the business interruption and disaster objectives set forth in this Exhibit have been met and will promptly remedy any failures. Upon City of Tukwila's request, Contractor will provide City of Tukwila with a written summary of the annual test results. b. In the event of a business interruption that activates the BCP and DR plan affecting the Services or Confidential` Information of City of Tukwila, Contractor will notify City of Tukwila's designated Security Contact as soon as possible. c. Contractor will allow City of Tukwila or its authorized third party, upon a minimum of 30 days' notice to Contractor's designated Security Contact, to perform an assessment of Contractor's BCP and DR plan once annually, or more frequently if agreed to in an SOW or other document. Following notice provided by City of Tukwila, the parties will meet to determine the scope and timing of the assessment. TIS EXH Data Protection and Info Security 02-2021 124 Page 4 of 10 3.7 Network Security. Contractor agrees to implement and maintain network security controls that conform to Industry Standards including but not limited to the following: a. Firewalls. Contractor will utilize firewalls to manage and restrict inbound, outbound and internal network traffic to only the necessary hosts and network resources. b. Network Architecture. Contractor will appropriately segment its network to only allow authorized hosts and users to traverse areas of the network and access resources that are required for their job responsibilities. c. Demilitarized Zone (DMZ). Contractor will ensure that publicly accessible servers are placed on a separate, isolated network segment typically referred to as the DMZ. d. Wireless Security. Contractor will ensure that its wireless network(s) only utilize strong encryption, such as WPA2. e. Intrusion Detection/Intrusion Prevention (IDS/IPS) System. Contractor will have an IDS and/or IPS in place to detect inappropriate, incorrect, or anomalous activity and determine whether Contractor's computer network and/or server(s) have experienced an unauthorized intrusion. 3.8 Application and Software Security. Contractor, should it provide software applications or Software as a Service (SaaS) to City of Tukwila, agrees that its product(s) will remain secure from Software Vulnerabilities and, at a minimum, incorporate the following: a. Malicious Code Protection. Contractor's software development processes and environment must protect against malicious code being introduced into its product(s) future releases and/or updates. b. Application Level Security. Contractor must use a reputable third party to conduct static/manual application vulnerability scans on the application(s) software provided to City of Tukwila for each major code release or at the time of contract renewal. An internally produced static/manual test from the Contractor will not be accepted. Results of the application testing will be provided to City of Tukwila in a summary report and vulnerabilities categorized as Very High, High or that have been identified as part of the OWASP Top 10 and SANS Top 25 within 10 weeks of identification. c. Vulnerability Management. Contractor agrees at all times to provide, maintain and support its software and subsequent updates, upgrades, and bug fixes such that the software is and remains, secure from Common Software Vulnerabilities. d. Logging. Contractor software that controls access to Confidential Information must log and track all access to the information. e. Updates and Patches. Contractor agrees to promptly provide updates and patches to remediate Security Vulnerabilities that are exploitable. Upon City of Tukwila's request, Contractor shall provide information on remediation efforts of known Security Vulnerabilities. 3.9 Data Security. Contractor agrees to preserve the confidentiality, integrity and accessibility of City of Tukwila Confidential Information with administrative, technical and physical measures that conform to Industry Standards that Contractor then applies to its own systems and processing environment. Unless otherwise agreed to in writing by City of Tukwila, Contractor agrees that any and all City of Tukwila Confidential Information will be stored, processed, and maintained solely on designated systems located in the continental United States. Additionally: TIS EXH Data Protection and Info Security 02-2021 Page 5 of 10 125 a. Encryption. Contractor agrees that all City of Tukwila Confidential Information and Personal Information will be encrypted with a Federal Information Processing Standard (FIPS) compliant encryption product, also referred to as 140-2 compliant. Symmetric keys will be encrypted with a minimum of 128-bit key and asymmetric encryption requires a minimum of 1024 bit key length. Encryption will be utilized in the following instances: • City of Tukwila Confidential Information and Personal Information will be stored on any portable computing device or any portable storage medium. • City of Tukwila Confidential Information and Personal Information will be transmitted or exchanged over a public network. b. Data Segregation. Contractor will segregate City of Tukwila Confidential Information and Personal Information from Contractor's data and from the data of Contractor's other customers or third parties. 3.10 Data Re -Use. Contractor agrees that any and all data exchanged shall be used expressly and solely for the purposes enumerated in the Agreement. Data shall not be distributed, repurposed or shared across other applications, environments, or business units of Contractor. Contractor further agrees that no Confidential Information of any kind shall be transmitted, exchanged or otherwise passed to other parties except on a case -by -case basis as specifically agreed to in writing by City of Tukwila. 3.11 Data Destruction and Data Retention. Upon expiration or termination of this Agreement or upon City of Tukwila's written request, Contractor and its Authorized Personnel will promptly return to City of Tukwila all City of Tukwila Confidential Information and/or securely destroy City of Tukwila Confidential Information. At a minimum, destruction of data activity is to be performed according to the standards enumerated by the National Institute of Standards, Guidelines for Media Sanitization — see http://csrc.nist.gov/. If destroyed, an officer of Contractor must certify to City of Tukwila in writing within 10 business days all destruction of City of Tukwila Confidential Information. If Contractor is required to retain any City of Tukwila Confidential Information or metadata to comply with a legal requirement, Contractor shall provide notice to both the general;notice contact in the Agreement as well as City of Tukwila's designated Security Contact. 3.12 Right to Audit. Upon a minimum of 30 days' written notice to Contractor, Contractor agrees to allow City of Tukwila or a mutually agreed upon independent third party under a Non - Disclosure Agreement to perform an audit of Contractor's policies, procedures, software, system(s), and data processing environment at City of Tukwila's expense to confirm compliance with this Exhibit. Prior to commencement of the audit, the parties will discuss the scope of the audit and the schedule. Contractor shall provide reasonable support to the audit team. Upon request Contractor will provide any relevant third party assessment reports such as SOC 2, PCI DSS Report on Compliance, or ISO 27001 certification. Unless critical issues are identified during the audit, such audits will be restricted to once in any 12 month period. If issues are identified, Contractor shall provide a remediation plan to City of Tukwila to remedy such issues at Contractor's expense. TIS EXH Data Protection and Info Security 02-2021 126 Page 6 of 10 3.13 Security Testing. Contractor, at its expense, will allow City of Tukwila to conduct static, dynamic, automated, and/or manual security testing on its software products and/or services, hardware, devices, and systems to identify Security Vulnerabilities on an ongoing basis. Should any vulnerabilities be discovered, Contractor agrees to notify City of Tukwila and create a mutually agreed upon remediation plan to resolve all vulnerabilities identified. City of Tukwila has the right to request or conduct additional reasonable security testing throughout the Term of the Agreement. 4. Security Incident / Data Breach 4.1 Security Contact. The individuals identified below shall serve as each party's designated Security Contact for security issues under this Agreement. City of Tukwila Security Contact: Name Phone Email Contractor Securi Na' Phone Email TIS EXH Data Protection and Info Security 02-2021 Page 7 of 10 127 4.2 Requirements. Contractor will take commercially reasonable actions to ensure that City of Tukwila is protected against any and all reasonably anticipated Security Incidents, including but not limited to: (i) Contractor's systems are continually monitored to detect evidence of a Security Incident (ii) Contractor has a Security Incident response process to manage and to take corrective action for any suspected or realized Security Incident (iii) Upon request Contractor will provide City of Tukwila with a copy of its Security Incident policies and procedures. If a Security Incident affecting City of Tukwila occurs, Contractor, at its expense and in accordance with applicable Information Protection Laws, will immediately take action to prevent the continuation of the Security Incident. 4.3 Notification. Within eight hours of Contractor's initial awareness of a Security Incident or other mutually agreed upon time period, Contractor will notify City of Tukwila of the incident by calling by phone the City of Tukwila Security Contact(s) listed above. 4.4 Investigation and Remediation. Upon Contractor's notification to City of Tukwila of a Security Incident, the parties will coordinate to investigate the Security Incident. Contractor shall be responsible for leading the investigation of the Security Incident, but shall cooperate with City of Tukwila to the extent City of Tukwila' requires involvement in the investigation. Contractor shall involve law enforcement in the investigation if requested by City of Tukwila. Depending upon the type and scope of the Security Incident, City of Tukwila personnel may participate in: (i) interviews with Contractor's employees and subcontractors involved in the incident; and (ii) review of all relevant records, logs, files, reporting data, systems, Contractor devices, and other materials as otherwise required by City of Tukwila. Contractor will cooperate, at its expense, with City of Tukwila in any litigation or investigation deemed reasonably necessary: b.y City of Tukwila to protect its rights relating to the use, disclosure, protection and maintenance of Confidential Information. Contractor will reimburse City of Tukwila for actual costs incurred by City of Tukwila in responding to, and mitigating damages caused by any Security Incident, including all costs of notice and remediation which City of Tukwila, in its sole discretion, deems necessary to protect such affected individuals in light of` the risks posed by the Security Incident. Contractor will, at Contractor's own expense, provide City of Tukwila with all information necessary for City of Tukwila to comply with data breach recordkeeping, reporting and notification requirements pursuant to Information Protection Laws. Contractor will use reasonable efforts to prevent a recurrence of any such Security Incident. Additionally, Contractor will provide (or reimburse City of Tukwila) for at least one year of complimentary access for one credit monitoring service, credit protection service, credit fraud alert and/or similar services, which City of Tukwila deems necessary to protect affected individuals in light of risks posed by a Security Incident. 4.5 Reporting. Contractor will provide City of Tukwila with a final written incident report within five business days after resolution of a Security Incident or upon determination that the Security Incident cannot be sufficiently resolved. TIS EXH Data Protection and Info Security 02-2021 128 Page 8 of 10 5. Confidential Information or Personal Information 5.1 Authorized Personnel. Contractor will require all Authorized Personnel to meet Contractor's obligations under the Agreement with respect to Confidential Information or Personal Information. Contractor will screen and evaluate all Authorized Personnel and will provide appropriate privacy and security training, as set forth above, in order to meet Contractor's obligations under the Agreement. Upon City of Tukwila's written request, Contractor will provide City of Tukwila with a list of Authorized Personnel. Contractor will remain fully responsible for any act, error, or omission of its Authorized Personnel. 5.2 Handling of Confidential Information or Personal Information. Contractor will: a. Keep and maintain all Confidential Information and Personal Information in strict confidence in accordance with the terms of the Agreement b. Use and disclose Confidential Information and/or Personal Information solely and exclusively for the purpose for which the Confidential Information or Personal Information is provided pursuant to the terms and conditions of the Agreement. Contractor will not disclose Confidential Information or Personal Information to any person other than to Authorized Personnel without City of Tukwila's prior written consent, unless and to the extent required by applicable law, in which case, Contractor will use best efforts to notify City of Tukwila before any such disclosure or as soon thereafter as reasonably possible. In addition, Contractor will not produce any Confidential Information or Personal Information in response to a non -legally binding request for disclosure of such Personal Information. 5.3 Data and Privacy Protection Laws. Contractor represents and warrants that its collection, access, use, storage, disposal, and disclosure of Personal Information complies with all applicable federal, state, local and foreign data and privacy protection laws, as well as all other applicable regulations and directives. 6. Third Party Security 6.1 Contractor will conduct thorough background checks and due diligence on any third and fourth parties which materially impact Contractor's ability to provide the products and/or Services to City of Tukwila as described in the Agreement. 6.2 Contractor will not outsource any work related to its products or the Services provided to City of Tukwila in countries outside the United States of America, which have not been disclosed in the Agreement or without prior written approval from City of Tukwila Legal and Information Security. If Contractor desires to outsource certain work during the Term of the Agreement, Contractor shall first notify City of Tukwila so that the parties can ensure adequate security protections are in place with respect to the Services provided to City of Tukwila. TIS EXH Data Protection and Info Security 02-2021 Page 9 of 10 129 7. Payment Cardholder Data 7.1 If Contractor accesses, collects, processes, uses, stores, transmits, discloses, or disposes of City of Tukwila and/or City of Tukwila customer credit, debit, or other payment cardholder information, Contractor agrees to the following additional requirements: a. Contractor, at its sole expense, will comply with the Payment Card Industry Data Security Standard ("PCI DSS"), as may be amended or changed from time to time, including without limitation, any and all payment card industry validation actions (e.g., third party assessments, self -assessments, security vulnerability scans, or any other actions identified by payment card companies for the purpose of validating Contractor's compliance with the PCI DSS). b. Contractor will maintain a continuous PCI DSS compliance program. Annually, Contractor agrees to provide evidence of PCI DSS compliance in the form of a Qualified Security Assessor ("QSA") Assessment Certificate, a PCI Report on Compliance ("ROC"), or evidence that Contractor is included on the Visa or MasterCard list of PCI DSS Validated Service Providers. c. Contractor will ensure that subcontractors approved by City of Tukwila, in accordance with Section 6.2, comply with and maintain a continuous PCI DSS compliance program if the subcontractor provides any service on behalf of Contractor that falls within PCI DSS scope. The Subcontractor must provide evidence of PCI DSS compliance in the form of a Qualified Security Assessor ("QSA") Assessment Certificate, a PCI Report on Compliance ("ROC"), or evidence that Subcontractor is included on the Visa or MasterCard list of PCI DSS Validated Service Providers. d. Contractor will immediately notify City of Tukwila if Contractor is found to be non- compliant with a PCI DSS requirement or if there is any breach of cardholder data impacting City of Tukwila or its customers. 8. Changes In the event of any change in City of Tukwila's data protection or privacy obligations due to legislative or regulatory actions, industry standards, technology advances, or contractual obligations, Contractor will work in good faith with City of Tukwila to promptly amend this Exhibit accordingly. TIS EXH Data Protection and Info Security 02-2021 130 Page 10 of 10 City of Tukwila City Council Finance & Governance Committee Meeting Minutes July22, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell Staff Present: I. BUSINESS AGENDA Marty Wine, Tony Cullerton, Adam Shierenbeck A. Contract: Tax and License Software Staff is seeking approval of a contract with HdL Companies in the amount of $104,000 for tax and licensing software. Committee Recommendation Unanimous approval. Forward to August 5, 2024 Regular Consent Agenda. B. June 2024 General Fund Expenditure Report Staff presented the report. Item(s) for follow-up: Provide additional information about departmenta' Committee Recommendation Discussion only. MISCELLANEOUS The meeting adjourned at 6:33 p. Committee ChairApprova ravel budgets. 131 132 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared 02t Mayor's review Council review 7/22/24 NG 8/5/24 NG ITEM INFORMATION ITEM No. 6 STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 7/22/24 AGENDA ITEM TITLE Tiny Home Village Ordinance CATEGORY 11 Discussion Mtg Date 7/22/24 Motion II Date Resolution Mtn Date Ordinance Mtg Dale 7/22/24 Bid Award Mtg Date Public Hearing Mtg Date Other Mfg Date SPONSOR LJ Council LJ Mayor Admin Svcs 11 DCD Finance Fire LJ P&R LJ Police [J Pik SPONSOR'S SUMMARY The proposal is to enact specific regulations for Tiny Home Villages consistent with the City's approach to other forms of emergency housing. This is a residential model where clients are screened, admitted, and assigned a space for the duration of their stay. On -site services such as laundry, hygiene, meals, case management, and social programs would be limited to residents. The Council is being asked to consider and approve the ordinance. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance 11 Planning & Community Dev. LTAC DATE: 7/8/ 24 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMII'IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: TG. DATE 7/22/24 8/5/24 MTG. DATE 7/22/24 8/5/24 RECORD OF COUNCIL ACTION Forwarded to next regular meeting ATTACHMENTS nformational Memorandum dated 7/8/24 (revised after 7/8 PCD Committee) Draft Ordinance (revised after 7/8 PCD Committee) Minutes from the PCD Committee meeting of 4/8/24 Minutes from the Planning Commission meeting of 6/27/24 Minutes from the PCD Committee meeting of 7/8/24 (distributed separately) Final Ordinance 133 134 Ci of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING A DEFINITION FOR TINY HOME VILLAGES; ESTABLISHING A NEW TUKWILA MUNICIPAL CODE (TMC) SECTION 18.50.240 TO REGULATE TEMPORARY TINY HOME VILLAGES; AMENDING TMC SECTION 18.50.270 AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a regional housing shortage and unaffordable housing costs have led to an increase in the unhoused population in our region; and WHEREAS, some religious institutions find it within their mission to offer support and shelter to unhoused persons; and WHEREAS, the City Council desires to develop reasonable occupancy, operational, and safety requirements for temporary tiny home villages to protect public health and safety so long as the conditions do not preclude the siting of temporary tiny home villages by religious institutions per RCW 35A.21.360, and WHEREAS, the City Council finds that temporary tiny home villages offer a level of security and privacy that support stability and the movement into permanent housing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. New Definition Adopted. A new section is hereby added to the Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: 2024 Legislation: Establish Tiny Home Village Regs Version: 7/30/24 Staff: N. Gierloff Page 1 of 4 135 Tiny Home Villages "Tiny Home Villages" means temporary shelter comprised of two or more sleeping structures up to 120 square feet in size with common hygiene and kitchen facilities managed by a host organization which provides on -site services. Section 3. Regulations Established. A new TMC Section 18.50.240 is hereby established to read as follows: 18.50.240 Tiny Home Villages Tiny Home Villages are allowed on properties owned or controlled by a religious organization subject to the following criteria: 1. It must be a 24-hour-a-day facility where tiny homes are assigned to specific residents for the duration of their stay. 2. On -site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop -in use by non-residents. 3. The duration of the village will be for a minimum of a one-year term that is renewable according to the terms of a memorandum of understanding agreed to by the host organization and City. 4. The maximum unit square footage is one hundred twenty square feet each, with units set at least six feet apart. 5. Electricity and heat must be provided and are subject to inspection by the City. 6. Space heaters, if provided, must be approved by the local fire authority. 7. Doors and windows must be included and be lockable, with the managing agency and host organization also possessing keys. 8. Each unit must have a fire extinguisher. 9. Adequate restrooms and hygiene facilities must be provided, including restrooms solely for families if present, along with handwashing and potable running water to be available if not provided within the individual units, including accommodating black water. 10. The maximum number of units permitted on a site is constrained by adherence to life safety, infrastructure, and environmental codes but in no case will more than 30 units be permitted. 11.A Memorandum of Agreement between the host organization and the city per TMC 18.50.270 must be executed prior to the start of construction 2024 Legislation: Establish Tiny Home Village Regs Version: 7/30/24 Staff: N. Gierloff Page 2 of 4 136 Section 4. TMC Section 18.50.270 Amended. Ordinance No. 2658 §9, as codified at TMC Section 18.50.270, "Memorandum of Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or Transitional Housing," is hereby amended to read as follows: 18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter, Tiny Home Villages, Permanent Supportive Housing or Transitional Housing Prior to the start of operation, the City and facility operator shall develop and execute a Memorandum of Agreement containing, at a minimum, the following items: 1. A Good Neighbor Agreement addressing the following items: a. Quiet hours, b. Smoking areas, c. Security procedures, d. Litter, and e. Adequacy of landscaping and screening. 2. A Code of Conduct establishing a set of standards and expectations that residents must agree to follow. 3. A parking plan approved by the City showing that the facility has adequate parking to meet the expected demand from residents, staff, service providers and visitors. Residents may not park off -site and all vehicles must be operational. 4. A coordination plan with both the Police and Fire Departments, including protocols for response to the facility and to facility residents throughout the City and a maximum number of responses threshold for law enforcement services as established by calls for services in TMC Sections 5.60.040 through 5.60.060. If calls for law enforcement services exceed the agreed upon threshold in any given quarter, the facility operator will work with the City to reduce calls below the threshold level. 5. A requirement to provide regular reports to the City's Human Services Program Coordinator on how facilities are meeting performance metrics such as placement of residents into permanent housing or addiction treatment programs. 6. Any other terms required for consistency with RCW 35A.21.360. Section 5. TMC Table 18-6, "Land Uses Allowed by District," Amended. Ordinance No. 2718 §7, as codified at TMC Table 18-6, "Land Uses Allowed by District" is hereby amended as forth in the amended Table 18-6 attached as Exhibit A. Section 6. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; 2024 Legislation: Establish Tiny Home Village Regs Version: 7/30/24 Staff: N. Gierloff Page 3 of 4 137 references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. 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 APPROVED AS TO FORM BY: Office of the City Attorney Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District" 2024 Legislation: Establish Tiny Home Village Regs Version: 7/30/24 Staff: N. Gierloff Page 4 of 4 138 Exhibit A — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 Adult day care Adult entertainment (subject to location restrictions') Airports, landing fields and heliports (except emergency sites) A A A A A A A P P P P P P P P U U U U U Amusement Parks Animal rendering C C C C C C P U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P Bed and breakfast lodging for not more than twelve guests5 C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops Boarding Homes Brew Pubs P P P P P P P P P P P P P P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cargo containers (*see also TMC 18.50.060) A&S A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U Cemeteries and crematories C C C C C C C Colleges and universities C C C C C C C C C6 C6 C6 P Commercial laundries P P P P P P P Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) P7 P7 P7 P7 P7 P8 P8 P8 Adopted 2016 — Ordinance No. 2500 G.) CS Page 1 Contractor storage yards P P P P P P Continuing care retirement facility C C C C C C C P Convalescent & nursing homes & assisted living facility for not more than twelve patients C P P P C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients C C C C C C C P Convention facilities P P P PP P P Correctional institutes U11 U U U Daycare Centers (not home -based) P P P P P P P P P PP P P P P Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd Domestic Shelter P P P P P Dormitory C c c A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres C C C CC C Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per P P P existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units P P Dwelling- Townhouses P P Dwelling —Multi-family P P14 P Dwelling — Multi -family units above office and retail uses P P P P C15 P 22/ ac Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards P meeting density and all other MDR standards P 60/ac P 60/ac P 60/ ac P p 60/ac 60/ac C15 P 100/ ac Dwelling unit —Accessory 16 A A A A A A A A A Electrical Substation — Distribution C c c C C C C C C CC C C C P Electrical Substation —Transmission/Switching U U U U Page 2 Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A P P P P P P P P P P Emergency Housing P37 P37 P37 P37 P37 P37 P37 P37 P37 Emergency Shelter P37 P37 P37 P37 P37 P37 P37 P37 P37 Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U Extended -stay hotel P34 P P P P P P Farming and farm -related activities P P Fire & Police Stations C C C C C C C C C C C C C P Fraternal organizations P P C P P P P P P P P Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as residence and is subject to the regulations affecting the main building A A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft A A A A Greenhouses or nurseries (commercial) P P P P P P P P P Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation (Permitted in dwellings as covered in TMC Section 18.06.430.) A A A A A A A A A A Hospitals C C C C C C C C P Hotels P34 P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P P Internet Data/Telecommunication Centers C P P P P P P P Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant U U environmental actions U U U U U U U U U U U U Laundries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P Manuf./Mobile home park 17 C P Page 3 Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P18 P P P PP P P P P B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P18 P P P PP P P P P C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P18 P P P PP P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i) Fermenting and distilling included P P P P ii) No fermenting and distilling P18 P P P P P Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts: (A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C (B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C (C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C PP P P C D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P P P P P C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Page 4 Manufacturing that includes rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials C C P U C P U C C U U Marijuana producers, processors, or retailers (with state issued license) P P P19 Mass transit facilities U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 20 S Mortician and funeral homes P P P P P P C Motels P P P P P C C P P Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial P22 P P22 P23 P P P P P P9 C10 P24 C25 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing P Park & ride lots Parking areas A A A C A C A A C A C A C A C A C A C A C A C A C C A A Parking areas, for municipal uses and police stations C C Parks, trails, picnic areas and playgrounds (public), but not including P P amusement parks, golf courses, or commercial recreation C C C C C C C C C C C C C P P P P P P P P P P P P P P P P Pawnbroker/Payday lender Permanent Supportive Housing P38 P38 Planned Shopping Center (mall) Radio, television, microwave, or observation stations and towers C C P38 C P38 C P38 C P38 C P38 C C P38 P C C P38 P C P P38 P C P P38 P C P P38 P C P38 C P38 C P P P38 P38 P P26 Railroad freight or classification yards U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Page 5 Recreation facilities (commercial — indoor) — athletic or health clubs P P P P P P PP C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses Recreational area and facilities for employees Religious facilities with an assembly area less than 750 sq.ft. Religious facilities with an assembly area greater than 750 sq.ft. and associated community center buildings Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures C C C C A C C C P C C C C C C C P P P P C C C C C C CC C C P P C A A A A A A AA A A A A P P P P P P PP P P C C C C C C CC U U U U U C C U Rental of vehicles not requiring a commercial driver's license P36 P P PP P P P P Rental of commercial trucks and fleet rentals requiring a commercial driver's license P PP P P P P Research and development facilities P P Residences for security or maintenance personnel Restaurants, drive -through permitted Restaurants, drive -through not permitted Retail, General A P P A A A A A A AA A A A A P35 P P PP P P P P P C P P4 P P35 P35 P P PP C3 C3 P P Sales and rental of heavy machinery and equipment subject to landscaping requirements of TMC Chapter 18.52* P PP P P P P Salvage and wrecking operations P P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Sanitariums, or similar institutes C Schools and studios for education or self-improvement P P P P P P P PP P9 C10 P27 P P Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C P C C (public only) Secure community transition facility 28 U Page 6 Self -storage facilities Sewage lift station P P P P P P P P P U U P Shelter P P P P P Stable (private) A29 A29 A29 P Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P P P P P P P P P C P C Storm water - neighborhood detention + treatment facilities U U U U U U P Storm water pump station Studios — Art, photography, music, voice and dance Taverns, nightclubs U U U P P P P P P P P P P P P P P30 P30 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P P31 Tiny Home Villages39 P P P P P p P P P P P P P Tow -truck operations, subject to all additional State and local regulations P P P P P P P Transfer stations (refuse and garbage) when operated by a public agency U U U Transitional Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 Truck terminals P P P P P P Utilities, regional Vehicle sales lot2 Vehicle service station C P32 P P P P P P P33 P33 P P P P P P P P Vehicle storage (no customers onsite, does not include park -and -fly operations) P Warehouse storage and/or wholesale distribution facilities P P P P P P P P Water pump station U U U U U P Water utility reservoir and related facilities U U U U U U U Wireless Telecommunications Facilities (*see TMC Ch. 18.58) P P P P P P P P P P P P P P P P P Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b. Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. 01 Page 7 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. (3) 2. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service stations). 5. Bed and breakfast facilities, provided: a. the manager/owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. Page 8 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 14. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 15. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 16. See TMC Section 18.50.220 for accessory dwelling unit standards. 17. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 18. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. 19. Where the underlying zoning is HI or TVS. Page 9 20. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 21. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 23. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard. 24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 26. Planned shopping center (mall) up to 500,000 square feet. 27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 28. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; Page 10 (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 30. No night clubs. 31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens will require a Special Permission Permit. 32. Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Pre-existing legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 33. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 34. Allow if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms. 35. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive -through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. 36. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Page 11 37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. 39. Tiny Home Villages are permitted, subject to the criteria and conditions at TMC Sections 18.50.240 and 18.50.270. Page 12 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 8/5/24 K. Sand ITEM INFORMATION ITEM No. 7 STAFF SPONSOR: KARI SAND, CITY ATTORNEY ORIGINAL AGENDA DATE: 8/5/24 AGENDA ITEM TITLE Consideration of a Participation Form and Allocation Agreement for the Opioid Mitigation Settlement Agreement with Kroger Co. CATEGORY Discussion Mfg Dale /1 Motion Mtg Dale 8/5/24 El Resolution Mtg Date E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date ❑ Other Mfg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Council is being asked to consider and approve the City's participation in a settlement agreement with Kroger Co. to mitigate harm caused by the opioid crisis that was negotiated by the Washington State Attorney General's Office on behalf of Washington cities. REVIEWED BY Trans&Infrastructure Svcs LTAC DATE: N/A Community Svcs/Safety [J Finance & Governance [J Planning & Community Dcv. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Kari Sand, City Attorney COMMI I'I EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/5/24 MTG. DATE ATTACHMENTS 8/5/24 Informational Memorandum, dated 8/5/2024 Kroger Opioid Settlement Agreement Kroger Opioid Settlement Allocation Agreement Kroger Opioid Settlement Agreement Participation Form City Contract #22-052: One Washington MOU Between Washington Municipalities 151 152 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: TUKWILA CITY COUNCIL FROM: Kari Sand, City Attorney CC: Mayor McLeod DATE: August 5, 2024 SUBJECT: Consideration of a Participation Form and Allocation Agreement for the Opioid Mitigation Settlement with Kroger Co. ISSUE On April 23, 2024, the Washington State Attorney General announced that the State of Washington joined a multistate $47.5 million settlement with Kroger Co. ("Kroger"). To participate in the settlement and receive funds for the mitigation of harm associated with prescription opioids, the City must complete and submit the Participation Form and Allocation Agreement by not later than August 12, 2024. BACKGROUND In recent years, the Washington State Attorney General's Office has filed numerous lawsuits against entities involved in the pharmaceutical supply chain of prescription opioids. Since then, several of the lawsuits have been settled, including lawsuits against AmerisourceBergen, Cardinal Health, and McKesson for $518 million, as well as a lawsuit against Johnson & Johnson for $149.5 million. As a qualifying Washington State municipality, the City may opt into the settlement agreement to receive funds in exchange for waiver of certain legal claims. The exact amount the City will receive from the settlement agreement is determined by the One Washington Memorandum of Understanding Between Washington Municipalities ("MOU") and the Allocation Agreement. Previously, City Council approved the MOU and allocation agreements for the settlements with AmerisourceBergen, Cardinal Health, McKesson, and Johnson & Johnson. The proposed settlement with Kroger is for $47.5 million, payable over 11 years. As with the prior settlement agreements, this new settlement is contingent on eligible cities and counties joining the settlement. If all eligible cities and counties join, as they did for the prior settlements, then cities and counties will receive $23.75 million, which is half of the abatement amount. Funds received from this settlement must be spent on opioid remediation to abate the opioid crisis in their communities. Copies of the Kroger Settlement Agreement, Kroger Allocation Agreement, and Kroger Settlement Participation Form, and the One Washington MOU are linked below or attached to this memorandum. To join the Kroger Settlement Agreement, the City must complete and submit the Settlement Participation Form and Allocation Agreement online or via email to opooidsparticipetion a rubris.com by not later than August 12, 2024. RECOMMENDATION The Council is being asked to authorize execution of the Kroger Opioid Mitigation Settlement Participation Form and Allocation Agreement by the Mayor at the August 5, 2024, Regular Meeting. ATTACHMENTS -Kroger Settlement Agreement -Kroger Settlement Agreement Opioid Allocation Agreement -Kroger Opioid Settlement Agreement Participation Form -City Contract #22-052: One Washington Memorandum of Understanding Between VtCah'ington Municipalities 153 154 Thomas McLeod, Mayor TO: Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: July 30, 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 • Sound Cities Association Mayors Meetings: On July 9 and 16 Mayor McLeod participated in Sound Cities Association Mayors meetings. • King County City Managers/City Administrators Meeting: On July 10 Deputy City Administrator Mayer participated in a King County City Managers/City Administrators meeting. • Meeting with Representative Gregerson: Mayor McLeod and Director of Strategic Initiatives and Government Relations Miles met with Representative Mia Gregerson on July 15 to discuss the asylee situation. • K4C Elected Official Work Session: On July 16 Mayor McLeod attended a K4C Elected Official Work Session. • Governor Inslee Attends Presentation at Tukwila Park: The Green Tukwila Partnership with Washington Conservation Corps (WCC) AmeriCorps crew wrapped up the 2023/2024 season in Tukwila Park. On July 16 Mayor McLeod attended a presentation on urban forests, threats to native landscapes, and a five-year restoration plan for Tukwila Park given by the young professionals from WCC. On July 17 WCC hosted Governor Inslee and Mayor McLeod at Tukwila Park highlighting the successes of the new Environmental Justice Program that waived the fee for cities in South King County to participate in WCC programs. In 10 weeks, the crew cleared 2.5 acres, mulched, watered, and planted 535 native plants in Tukwila Park. • King County Extreme Heat Mitigation Strategy: On July 18 Mayor McLeod and DCD staff spoke at the press conference rollout of the King County Extreme Heat Mitigation Strategy. DCD staff participated in the urban forestry advisory group. • King County Regional Homelessness Authority Convening: On July 23 Mayor McLeod attended the King County Regional Homelessness Authority Regional Convening. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 155 City Administrator's Report July 30, 2024 Page 2 • Sound Cities Association Summer Social: Mayor McLeod and Director of Strategic Initiatives and Government Relations Miles participated in the Sound Cities Association Summer Social on July 24. • Lower Green River Corridor Workshop: On July 26 King County hosted a workshop with staff from Tukwila, Renton, Kent, and Auburn to develop an integrated vision for the Lower Green River Corridor. The approach envisioned would unify the many project sites along the river to ensure that they provide multiple benefits and serve multiple community values. The County's consultant hopes to propose a shared values statement for approval by the Flood District and Valley cities later this year. • Meeting with Washington State Health Care Authority: DCD staff held a meeting with the Washington State Health Care Authority about a proposed 40 bed behavioral health facility to be co -located with the Olympic Heritage site in Tukwila. • Meeting with Sound Transit: DCD staff met with Sound Transit to discuss preliminary designs for the Boeing Access Road Link station locations. II. Community Events • Presentation to South King County Mobility Coalition: On July 11 Transportation Demand Management (TDM) staff gave a presentation to SKC Trips to the South King County Mobility Coalition. SKC trips is a sustainable transportation rewards program administered by the TDM team. • Teen Late Night: Transportation Demand Management (TDM) staff attended the Teen Late Night event at the Tukwila Community Center on July 12. Transportation information was shared, youth ORCA cards were distributed, and did outreach for the 2025-2029 CTR Plan Update. • Boeing Access Road Link Station Open House: City staff participated in the Boeing Access Road Link Station Open House held at Tukwila Community Center on July 17. Transportation Demand Management (TDM) staff gathered community input for the 2025-2029 CTR Plan Update, provided transportation information and resources and promoted SKC Trips. • Concert in the Park: Parks & Recreation held its first Concert in the Park on July 24 at Joseph Foster Memorial Park. Approximately 200 residents gathered to enjoy a children's group, Brian Vogan & His Good Friends. The Park 'N' Play Fun Team was onsite to provide guided play and host a bubble party. A hula hoop instructor was also on hand to get folks up and active. Food was provided by Tukwila -based Soul Fusion Food. III. Staff Updates Public Safety • Challenge Seattle Regional Meeting: Deputy Chief Lund attended a regional meeting with Challenge Seattle, led by Christine Gregoire, focused on organized retail theft. • National Night Out: The Community Engagement Coordinator is currently planning for National Night Out Against Crime on August 6. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 156 City Administrator's Report July 30, 2024 Page 3 Project Updates • 3rd Annual Play Day Coming in September: Planning is in the works for King County Play Equity as part of the 3rd Annual Play Day at Tukwila Community Center on September 15. Parks & Recreation is inviting programs that support physical health from around King County to host a day of play. Activities will include soccer, basketball, roller derby, baseball, pickleball, and more. • 2024 Annual Overlay Program: o July 22 - Edge Restoration 40th Ave S & 132 PI & Raise Utilities on 40th Ave S & 132nd PI o July 23 - Pave 40th Ave S & S 132nd PI & Raise Utilities 128th St & S 113th St o July 24 - Mill 128th & 40th & Edge Restoration 35th Ave S & 37th Ave S o July 25 - Edge Restoration 40th Ave S & S 113th St o July 26 - Pave S 128th St & 40th Ave S o July 29 - NW Traffic to install permanent signage o July 30 - NW Traffic to install permanent signage o July 31- Pave 40th St (Hill) & NW Traffic to install permanent signage 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 August 21, 2024. VACANT: 1 Community Member position and Student Representative. • Civil Service Commission: The next meeting is scheduled for August 15, 2024. No vacancies. • COPCAB: The next meeting is scheduled for August 8, 2024. VACANT: Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for August 1, 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 being scheduled for mid -September. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 1 Resident position and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for August 6, 2024. 4 Resident position terms expire March 31, 2025. VACANT: 1 Resident position. • Lodging Tax Advisory Committee: The next meeting is scheduled for August 9, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 157 City Administrator's Report July 30, 2024 Page 4 • Park Commission: The next meeting is scheduled for August 14, 2024. 3 Community position terms expire March 31, 2025. No vacancies. • Planning Commission: The next meeting is scheduled for August 22, 2024. No vacancies. IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response July 1, 2024 A community member expressed Chief Dreyer spoke to the community member on July 15, 2024 concern about speeders on July 15 to let him know the Police Department is Southcenter Boulevard/in Mall planning Traffic Enforcement in the designated area and requested additional areas and will be talking with Public Works about enforcement, possible red-light the requests related to engineering designs camera or lengthen timing of associated with the intersection he referenced. crosswalk light at 61st Ave S between Tukwila Parkway and Traffic officers patrolled the 61st Ave, 62nd Ave, and 65th Ave areas around Southcenter Southcenter Boulevard. Boulevard for vehicles speeding and not yielding. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 158 UPCOMING MEETINGS AND EVENTS AUGUST 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. AUG 5 MON AUG 6 TUE AUG 7 WED AUG'..8 THU AUG 9 FRI '.: AUG 10 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * Cit Council y Regularo Meeting City Hall Council Chambers Hybrid Meeting ,r NATIONAL NIGHT OUT Get to know your neighbors and officers, firefighters and City leaders. Groups will visit your gathering. 5:30 PM - 8:00 PM Click here for information. ote PRIMARY ELECTION DAY Ballots are due today! Visit Elections office to register in -person through today. King County Elections 919 SW Grady Way Click here for information. �a EBT accepted and summer meals for families are provided. 3:00 PM - 6:00 PM Tukwila Village Plaza7:0 14350 Tukwila Intl Blvd COMMUNITY BOOK CLUB Join us for our W annual Tukwila Parks and Recreation Book Club. 6:00 PM - 7:30 PM Tukwila Community Center, Room A 112424 42"d Ave S Click here for Information. is Community Oriented Policing Citizens Advisory Board 6:30 PM Hybrid Meeting COMMUNITY EMERGENCY RESPONSE TEAM Free CERT session taught by Puget Sound Regional Fire Authority. Learn to apply basic response and organizational skills to save lives and protect property. Sep 26 thru Nov 16 Session 1: 1:00 PM Session 2: 6:00 PM Click here to register. AUG 12 MON AUG 13 TUE AUG 14 WED AUG 15 THU AUG 16 FRI AUG 17 SAT * Community Services and Safety Committee Meeting 5:30 PM City Haii- Hazelnut Room Hybrid Meeting * Planning and Community Development Meeting 5:30 PM 6300 Building- 2"d Floor Duwamish Conference Hybrid Meeting * City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Give Blood = Save 3 Liven u° ° ° .- URGENT NEED! DONATE AND ENTER TO WIN TICKETS TO SEE TAYLOR SWIFT 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 umbilicaltR` cord blood after the birth of your baby to... save a life. Click here for information. Puget Sound Training Center Helps gp' ARy FREE EMPLOYMENT SERVICES AND SKILLS TRAINING PROGRAM Learn about free employment services and skills training programs. Registration not required. 1:00 PM - 3:00 PM Tukwila Library 14380 Tukwila Int'I Blvd Click here for information. . ' °.e��' -,t�4 - , := See above for information. * Park Commission 5:30 PM Hybrid Meeting er. <:i90 CONCERT IN THE PARK SERIES WITH KIM ARCHER Enjoy the electrifying performance. 5:30 PM Joseph Foster Memorial Park 13919 53'd Ave S Click here for information. * Civil Service Commission 5:00 PM Hybrid Meeting f Fr_f„glo gy FREE SCISSOR SHARPENING A friendly specialist will be available all day. No pinking shears please. Recology reserves the right to limit and refuse scissors. Saturday, Aug 17 10:00 AM - 5:00 PM Recology Store 15858 151 Ave S #A100 Burien For information, call 206-76-767-3322. ?L►. Salmon & �. ; .. Legacy Debris - - -------. DUWAMISH KAYAK CLEANUP Join us on the river to clean up legacy debris at Codiga Park site. Aug 17 8:00 AM Aug 18 9:00 AM Codiga Park 12529 50f1 PI S Click here to register. .- 1ST ANNUAL HULLABALOO FESTIVAL Join this community festival celebrating unity with entertainment, delicious food, art & craft vendors and fun games for al ages. 11:00 AM .3:00 PM Joseph Foster Memorial Park 13919 53rd Ave S Click here far information. CITY HALL LA Qo's Free event AUG 17 Join this AUG 28 The final ** SHARE The City ** NOW Tukwila ** JOIN There's Join free & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM - 4:00 elm AUG 3 - ANNUAL COMMUNITY YARD SALE Shop for bargains! Click here for map locations. AUG 6 - NATIONAL NIGHT OUT SIGN-UP YOUR NEIGHBORHOOD BBC)! City leaders and staff, police officers and firefighters will stop by your gathering for food, fun and conversation. Click here for information. AUG 8 - PUZZLE PARTY SOCIALS 3:30 PM-7:30 PM TUKWILA COMMUNITY CENTER for ages 8 and up. See above for more information. - 1ST ANNUAL HULLABALOO FESTIVAL 11:00 AM - 3:00 PM JOSEPH FOSTER MEMORIAL PARK - 13919 53RD AVE S community festival celebrating unity with entertainment, delicious food, art & craft vendors and fun games for all ages. - COMPREHENSIVE PLAN OPEN HOUSE 3:30 PM - 7:30 PM SULLIVAN CENTER - 14350 TUKWILA INTERNATIONAL BLVD draft of the Comprehensive Plan will be presented. More to come. YOUR INPUT ON THE 2025-2026 BIENNIAL BUDGET! Council is dedicated to creating a budget that mirrors the community's priorities! Residents can select and rank their top service priorities. Click here for information. THRU AUG 29 - TREE GIVEAWAYS! residents can apply for FREE trees. Must apply by Aug 29. Click here for information. US FOR MANY FUN AND FREE SUMMER EVENTS! something for everyone. Live music and dance, movies, games and food trucks! Click here for information. Park N Play events. Click here for Information on PARK N PLAY events. sFREE SUMMER MEALS Ti for TUKWILA KIDS &TEENS CASCADE VIEW COMMUNITY PARK 14211 37u Ave S Jul 10-Aug 25 Mon - Fri Lunch: 11:45 AM - 12:45 PM Snack: 1:45 PM - 2:00 PM FREE SUMMER MEALS FOR AGES 18 AND UNDER! Summer Food Service Program provides free summer meals for children in King County. Click here for more information. ,. Summer Meals Locator English Espa€iol Af Somali Tung Vi@t W- FOSTER HIGH SCHOOL 4242 S 144. St Jul 5-Aug 3 Mon Breakfast: 7:30 AM - 8:00 Lunch: 11:00 AM - 11:30 - Thu AM AM TUKWILA ELEMENTARY 5939 S 149Y St Jul 5-Aug 3 Mon - Thu Breakfast: 8:30 AM - 9:00 AM Lunch: 12:00 PM - 12:30 PM TUKWILA VILLAGE FARMER'S MARKET 14350 Tukwila International Blvd Jun 21-Aug 30 Wednesdays Dinner: 4:30 PM - 6:30 PM Halal friendly options. Meals available for caregivers too! TUKWILA COMMUNITY CENTER 12424 42. Ave S Jul 5-Aug 25 Mon - Fri Lunch: 11:15 AM - 12:15 PM Snack: 3:00 PM - 3:30 PM 1 59 16 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. AUGUST 5 See below links for the agenda packets to view the agenda items: August S 2024 Work Session August 5, 2024 Regular Meeting AUGUST 12 SPECIAL ISSUES - Discussion on 2025-2026 Biennial Budget: (1) Overview of Special Funds (2) Debt Service (3) Internal Service Funds - An ordinance approving a franchise agreement with Wholesail Networks. AUGUST 19 WORK SESSION 2023-2024 Tukwila Comprehensive Plan Update: Review of Individual Elements (Part 1 of 2). REGULAR MEETING PRESENTATION Annual State of the Court Address. CONSENT AGENDA - Authorize the Mayor to sign a contract with CAST Architecture, for middle housing standards and residential design standards update, in the amount of $90,000. - Alternative Response Team Grant Agreement. - Axon Evidence Justice Agreement. - Sound Health Contract Renewal. - Future of Work and Facilities Review. - An ordinance approving a franchise agreement with Wholesail Networks. - Grant Application Authorization: 2024 RCO Grants. - Contract approval: FGL Roof Replacement. AUGUST 26 SPECIAL ISSUES - Final rate study recommendations. - Streamlining the Permitting Process and Implementing Provisions of the Local Project Review Act. Special Meeting to follow Committee of the Whole Meeting. NEW BUSINESS A resolution adopting new rate structure. MEETING 1— REGULAR MEETING 2 — CO,W. MEETING 3 — REGULAR MEETING 4 C.I.W. SEPTEMBER 2 I ! i 1 ® ! I TfIANkV FOR I'O Rt AR O WORK -- — No Council meeting or Work Session due to the holiday. City offices are dosed. SEPTEMBER 9 PRESENTATION Presentation of Mayor's proposed 2025- 2026 Biennial Budget. SEPTEMBER 16 WORK SESSION 2023-2024 REGULAR MEETING CONSENT AGENDA - Ordinance updating Park and Fire Impact Fees. - Streamlining the Permitting Process and Implementing Provisions of the Local Project Review Act. - Bid award for CIPP Sewer Lining Construction. UNFINISHED BUSINESS Discussion on 2025-2026 Biennial Budget: (1) Responsive & Representative government (2) Health & Safety (3) Program support SEPTEMBER 23 PUBLIC HEARING 2023-2024 Tukwila Comprehensive Plan Update. SPECIAL ISSUES - 2023-2024 Tukwila Comprehensive Plan Update. - Discussion on 2025-2026 Biennial Budget: (1) Utilities & environment (2) Livable community (3) Capital Improvement Program (CIP) (4) Mobility (5) Internal operations Special Meeting to follow Committee of the Whole Meeting.