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HomeMy WebLinkAboutReg 2024-10-07 COMPLETE AGENDA PACKETMonday, wqs Tukwila City Council Agenda ❖REGULAR •MEETING ❖ .sVJILA o , % 7 j Thomas McLeod, Marty Wine, Mayor Councilmembers: + De'Sean Quinn + Tosh Sharp City Administrator ❖ Armen Papyan ❖ Jovita McConnell Abdi, Council President ❖ Dennis Martinez + Hannah Hedrick 190E Mohamed ON -SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 October 07, 2024; 7:00 PM • Ord #2737 • Res #2101 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 eiders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council on -site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting both for date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4. CONSENT AGENDA a. Approval of Minutes: 9/16/2024 (RegularMtg.) b. Approval of Vouchers c. An ordinance amending Ordinance No. 2532 §3 and 4, as codified in Tukwila Municipal Code (TMC) Chapter 2.33 "Library Advisory Board", amending the purpose of the board. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 09/23/241 d. Authorize the Mayor to accept the Washington State Department of Ecology (DOE) Water Quality Combined Grant award for the Stormwater Quality Retrofit Program Part 2, in the amount of $1,534,883.00 (local match $270,861.00). [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 09/23/24] e. A resolution authorizing the cancellation of outstanding general fund claims checks. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 09/23/241 f. A resolution ordering the cancellation of past due accounts receivable. [Reviewed and forwarded to Consent by the Finance and Governance Committee on 09/23/241 (continued..) Pg. 1 P9.9 Pg.65 Pg.73 REGULAR MEETING October 07, 2024 Page 2 4. CONSENT AGENDA (cont.) g. Authorize the Mayor to sign Amendment No. 2 to contract #22- 134 with KPG Psomas, Inc. for design and construction management services for the Stormwater Quality Retrofit Program, in the amount of $322,873.00. [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 09/23/24J h. Authorize the Mayor to sign Amendment No. 2 to contract #23- 089 with KPG Psomas, Inc. to provide additional permitting services for the 2023 Annual Small Drainage Program, in the amount of $63,207.50. [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 09/23/24J i. Authorize the Mayor to sign Amendment No. 1 to contract #24- 093 with Otak, Inc. for additional design and engineering services for the Gilliam Creek Fish Barrier Removal Project, in the amount of $138,270.00. [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 09/23/24J Pg.83 Pg.111 Pg.131 5. UNFINISHED BUSINESS a. Continued discussion on the 2025 - 2026 Biennial Budget: • Mayor's Budget Message • Presentation of Funds • Q&A • Budget Calendar b. Update on Public Works Operations Facility Phase 2. Pg.149 Pg.175 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.193 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. 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) l►;,�, If you are in need of translation or interpretation services at a Council meeting, W please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 JD ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: JOHN DUNN ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Amendment to Ordinance 2532 CATEGORY ❑ Discussion Mtg Date 9/23 Motion Mtg Date Resolution b1tg Date ® Ordinance Mtn Date 10/7 Bid Award 11tg Date ❑ Public Hearing bite Date ❑ Other Altg Date SPONSOR ❑ Council ❑ Mayor ❑ Adntin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The TMC is being updated for the Library Advisory Board. These are updates to the section regarding the board's purpose (TMC 2.33.010). City Staff are asking City Council to approve the Ordinance amendment to reflect these updates. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ LTAC DATE: 9/23/24 ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: N/A Comments: Passage of this amendment creates no inflows or outflows for any city funds 10/7/24 MTG. DATE 10/7/24 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/23/24 Draft Amendment Ordinance 09/23 Finance & Governance Committee Minutes (distributed separately) 1 2 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Kris Kelly, Interim Parks & Recreation Director BY: John H Dunn III, Recreation Superintendent CC: Thomas McLeod, City of Tukwila Mayor DATE: September 23, 2024 SUBJECT: Amendment to Ordinance 2532 ISSUE Upon review of the current Tukwila Municipal Code (TMC) Chapter 2.33 (Library Advisory Board), it was discovered that some of the purposes outlined in TMC Section 2.33.010 (Establishment of Board — Purpose) was no longer relevant. This led to a review and suggested updates that are now being presented. TMC can only be changed by ordinance, which requires approval by the Tukwila City Council. BACKGROUND This amendment to Ordinance 2532, which established the Tukwila Library Advisory Board, removes outdated purposes and clarifies the current purpose of the board and cleans up some language. DISCUSSION Sections requiring update mainly include the TMC's current reference to the Board's "review of the library agreement between the City and the King County Library System (KCLS)". This is outdated as it references an agreement that was in place when the city owned the library. Now, KCLS has built and runs the current library and this line is no longer needed. The remaining lines in the purpose have been updated to reflect this change and clean up the language. The language updates include changing the nomenclature from "citizen" to "resident" to better reflect the City's Diversity, Equity, and Inclusion principles. FINANCIAL IMPACT Adoption of this ordinance creates no financial impact on any city funds. RECOMMENDATION The Council is being asked to approve the amendment to Ordinance 2532 and consider this item at the October 7, 2024, Regular Meeting Consent Agenda. ATTACHMENTS Draft Amendment Ordinance 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2532 §3 AND 4, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 2.33, "LIBRARY ADVISORY BOARD"; AMENDING THE PURPOSE OF THE BOARD AND THE MINIMUM TERM OF THE STUDENT REPRESENTATIVE; PROVIDING FOR SEVERABILITY: AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Library Advisory Boa -s in advisory capacity to the Mayor and City Council on recommendations regard! libr. ' i es; and WHEREAS, the City desires • • :tea clarify language in Tukwila Municipal Code (TMC) Chapter 2.33, "Library ' , iso :oard, alignment with current practices; and WHEREAS, TMC Se •n . d10, "Establishment of Board — Purpose," currently the current purpose refer - . 'ua -view of the library agreement between the City and King County Library System an. at .. reement is no longer in place; that no longer exists; and WHEREAS, the City nomenclature from `citizen inclusion principle: -; and desires to update additional language to change the resident' in alignment with the City's diversity, equity, and WHEREAS, the City of Tukwila desires to have longer term engagement from student representatives; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.33.010 Amended. Ordinance No 2532 §3, as codified at TMC Section 2.33.010, "Establishment of Board — Purpose," is hereby amended to read as follows: 2024 Legislation: Amend TMC 2.33 Version: 8/28/24 Staff: J. Dunn Page 1 of 3 5 2.33.010 Establishment of Board — Purpose The Library Advisory Board ("Board") is hereby established to serve in an advisory capacity to the Mayor and the City Council and shall submit to the Mayor and City Council any recommendations regarding Library services. The Board shall: 1. Conduct an annual review of the literary agreement between the City and the King County Library System. 2. Recommend programs for library services to be incorporated into such agrcement. 3. Develop Advocate and recommended programs to promote and support library services for City citizen residents and make the public aware of those facilities that are available for public use. 42. Assist in planning, scheduling and participatin• ' special programs or projects, such as setting up displays, making posters media, etc. 6 _. Meet with a variety of public groups t omo library s. ices for City citizen: residents., including the King County Li tem and library staff. 64. Meet with King County Library ' tem an rary staff regularly. 5. Promote gift giving/donations to t Library Foundation or the Friends of Tukwila Library., 76. Promote literacy in n to King County Library Services' efforts to promote literac in the re 7. Render any nd assistance on library services. Section 2. Co - ctions b ' ity erk or Code Reviser Authorized. Upon approval of the City Attorney, City Cle and the code reviser are authorized to make necessary corrections to this ordin. e, i► ding the correction of clerical errors; references to other local, state or federal la odes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. 2024 Legislation: Amend TMC 2.33 Version: 8/28/24 Staff: J. Dunn Page 2 of 3 6 ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2024 Legislation: Amend TMC 2.33 Version: 8/28/24 Staff: J. Dunn Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 7 8 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 JR ITEM INFORMATION ITEM No. 4.D. STAFF SPONSOR: CATRIEN DE BOER ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Surface Water Fund - Stormwater Outfall Water Quality Retrofit Project Department of Ecology Water Quality Combined Funding Grant Award CATEGORY ❑ Discussion Mtg Date a Motion Date 10/07/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire ❑TS ❑PAR ❑Police 11PJV ❑Court SPONSOR'S In September 2023, Council authorized staff to submit an application to the DOE Water SUMMARY Quality Combined Funding Program to fund the final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. In July 2024, the City was notified that we received the full grant award to fund the construction. The grant requires a 15% local city match. Council is being asked to accept a DOE Water Quality Grant Award in the amount of $1,534,883.00. REVIEWED BY a Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Arts Comm. 09/23/24 -Finance Parks Comm. ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR: ARMENT PAPYAN LTAC DATE: COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMII°IEE Public Works Department Unanimous Approval; Forward to the Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,534,883.00 $0.00 $0.00 Fund Source: GRANT AWARD AND CITY MATCH (SURFACE WATER FUND) Comments: 2023-28 CIP Pg. 77 MTG. DATE RECORD OF COUNCIL ACTION 10/07/24 MTG. DATE ATTACHMENTS 10/07/24 Informational Memorandum dated 09/20/24 2023-28 CIP Pg. 77 Vicinity Maps Draft Grant Agreement Minutes from Transportation and Infrastructure Committee meeting of 09/23/24 9 10 City of Tukwila Thomas McLeod, Mayor Public Works Deportment - Pete Moyer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Deputy City Administrator/ Interim Public Works Director BY: Catrien de Boer, Public Works Analyst CC: Mayor McLeod DATE: September 20, 2024 SUBJECT: Surface Water Fund - Stormwater Outfall Water Quality Retrofit Project Project No. 91241202 Department of Ecology Water Quality Combined Funding Grant Award ISSUE Accept a Washington State Department of Ecology (DOE) Water Quality Combined Grant to fund water quality improvements in the amount of $1,534,883.001,805,745. BACKGROUND In 2017, Council authorized staff to accept DOE grant funding for the design of four stormwater outfall sites through 90% design. In 2022, Council authorized staff to accept a DOE grant funding the final design and construction of two of the sites — Tukwila International Boulevard and Interurban Avenue. DISCUSSION In September 2023, Council authorized staff to submit an application to the DOE Water Quality Combined Funding Program to fund the final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. In July 2024, the City was notified that we received the full grant award to fund the construction of two stormwater outfall retrofits. FISCAL IMPACT The City was awarded a $1,534,883.001,805,74f' grant from the DOE for the construction of two stormwater outfalls. The grant requires a 15% local city match, which is $270,861. The Project CIP, which comes from Surface Water Fees, is sufficient to cover the match. Project Budget DOE Grant Award $1,534,883.00 City Match $ 270,861.00 Total $1,805,745.00 Fund Source CIP Budget (412 Funds) RECOMMENDATION Council is being asked to accept a DOE Water Quality Grant Award in the amount of $1,534,883.001,805,745 and consider this item on the Consent Agenda at the October 7th, 2024 Regular Council Meeting. Attachments: 2023-28 CIP Pg. 77 Vicinity Maps 11 12 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Storm Water Quality Retrofit Program Project No. 91241202 DESCRIPTION: Provide, design, and install water quality testing and improvements at selected drainage locations. JUSTIFICATION: Most surface water is discharged directly to receiving water bodies untreated. STATUS: Water quality retrofit has been added to CIP projects since 2015 (Interurban and 53rd Ave S). MAINT. IMPACT: Expected to increase maintenance. COMMENT: Combine with other CIP projects for design and construction, where feasible. For 2021, funding for added improvements to the West Valley Highway project. A proposed State DOE grant is listed in 2022. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 41 100 20 100 100 100 100 20 581 Land (R/W) 5 5 Const. Mgmt. 300 400 15 715 Construction 1,300 1,800 80 3,180 TOTAL EXPENSES 41 105 1,620 100 100 2,200 100 100 115 4,481 FUND SOURCES Awarded Grant 22 1,365 1,387 Proposed Grant 100 1,530 100 1,730 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 19 105 255 100 0 670 100 0 115 1,364 TOTAL SOURCES 41 105 1,620 100 100 2,200 100 100 115 4,481 2023 - 2028 Capital Improvement Program 803-14 77 13 14 Site 7: East Marginal Way City of Tukwila Stormwater Outfall Water Quality Retrofit Project Figure 1—Vicinity Map Design Report ..... i.71411%; 'L.:. Lig .1i111111e11:iiW '111`1111111111[61V(Ip: Site 4: Starfire/Fort Dent Way October 2020 2 KPG 15 \ PROJECTS \TUKWILA\19057—Storm WO Retrofit \ DESIGN \ Drawings \ Working \ Drainage \Figure-2-5_Site Areas. dwg 1\21 — AREA TREATED FOR `44.STORMWATER RETROFIT ♦ % % SEE DESIGN PLANS • ♦44ti ♦♦ • • • • • • ,••,4s �• ••ei �• ♦i� FIGURE 2. SITE 4: STARFIRE WAY CITY OF TUKWILA STORMWATER QUALITY OUTFALL RETROFIT PROJECT KPGr Interdisciplinary Design 3131 Ellioff Ave 2502 Jefferson Ave Suite 400 Tacoma, WA 98402 Seattle, WA 98121 (253) 627.0720 (206) 286-1640 www.kpg.com 16 DUWAMISH RIVER -1° r u.` - AREA TREATED FOR ♦ STORMWATER RETROFIT ♦ SEE DESIGN PLANS ♦ V ♦ ..�- - ♦ ♦ iit 1114 II 1 Ili ii„.., A 1 1 1 1 WI OW FIGURE 4. SITE 7: EAST MARGINAL WAY S CITY OF TUKWILA STORMWATER QUALITY OUTFALL RETROFIT PROJECT —OUTFALL TO GREEN-DUWAMISH RIVER 50 100 200 300 SCALE IN FEET MPG. Interdisciplinary Design 3131Elliott Ave 2502JeffersonAve Suite 400 Tacoma, WA 98402 Seattle, WA 98121 (253) 627.0720 (206)286.1640 www.kpg.com 17 18 DEPARTMENT OF ECOLOGY State of Washington Agreement WQC-2025-Tukwil-00039 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF TUKWILA PUBLIC WORKS This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY" and the CITY OF TUKWILA PUBLIC WORKS, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds, the activities described herein. GENERAL INFORMATION Project Title: Stormwater Quality Retrofit Program Part 2 Total Cost: $1,805,745.00 Total Eligible Cost: $1,805,744.71 Ecology Share: $1,534,883.00 Recipient Share: $ 270,861.71 The Effective Date of this Agreement is: 7/1/2024 The Expiration Date of this Agreement is no later than: 6/30/2027 Project Type: Stormwater Facility Protect Short Description: (500-character limit, includes spaces) This project will improve water quality in the Green-Duwamish River through the installation of Modular Wetland Systems, or an ECOLOGY -approved equivalent, for two outfalls in the City of Tukwila: one along East Marginal Way and the other along Starfire Way/Fort Dent Way. This project will provide water quality treatment for total suspended solids (TSS) and dissolved copper and zinc. Project Long Description: (4,000-character limit, includes spaces) The project will improve water quality in the Green-Duwamish River by treating stormwater outfall discharges from two municipal drainage basins serving a portion of East Marginal Way and Starfire Way/Fort Dent Way in the City of Tukwila. The RECIPIENT will construct Modular Wetland System best management practices (BMPs), or an ECOLOGY -approved equivalent, at two sites designed under a previous ECOLOGY stormwater grant, WQC-2017-Tukwil-00158. The RECIPIENT selected these BMPs because they are already being implemented elsewhere in the city and their use will streamline maintenance materials and knowledge, and they have been working well. 19 The Duwamish River starts at the confluence of the Green and Black Rivers in City of Tukwila and discharges into Puget Sound at Elliott Bay between Alki Beach and downtown Seattle. The Duwamish River is classified as a Category 5, 303(d)- listed waterbody due to impairments from pH, temperature, polychlorinated biphenyls (PCBs), and other industrial pollutants. The U.S. EPA declared Duwamish River a Superfund site and administers clean-up efforts. The Green- Duwamish River is also home to threatened Chinook and Coho salmon and bull trout, as well as other species of anadromous fish, resident trout, and other aquatic species. The first project site, East Marginal Way, is a busy two-lane arterial roadway adjacent to Sound Transit Light Rail guideway, and is an important corridor for industrial business use as well as a connector for the Allentown and Duwamish residential neighborhoods. Untreated stormwater for this area is piped to the outfall, which discharges directly into the Duwamish River just upstream from the RECIPIENT's two -acre Duwamish Gardens habitat restoration site (2016) and King County's five -acre Chinook Wind mitigation site (2023). The RECIPIENT will construct a Modular Wetland System (or ECOLOGY -approved equivalent) to collect and treat stormwater from the 22.7-acre industrial and urban contributing basin, including a 2.29-acre pollution generating impervious surface (PGIS) sub -basin. The second project site covers the intersection of Fort Dent Way and Starfire Way, which is a two-lane, collector roadway serving commercial land uses such as business parks and hotels, and recreational use at Fort Dent Park, the home of Starfire Sports. Currently, untreated stormwater runoff from this area is piped to the outfall, which discharges directly into the Duwamish River. The RECIPIENT will construct a second Modular Wetland System (or ECOLOGY - accepted equivalent) to collect and treat roadway stormwater runoff from the 17.1 acre industrial and urban contributing basin, including a 1.26-acre PGIS sub -basin. For both sites, the RECIPIENT will also install necessary conveyance to complement the treatment systems described above. This project will provide water quality treatment for total suspended solids (TSS) and dissolved metals (copper and zinc) for a total contributing basin of 39.8 acres, and 3.55 acres total PGIS of industrial and urban stormwater roadway runoff. This stormwater treatment will improve water quality conditions in the lower Duwamish River and Puget Sound for aquatic species including threatened Chinook and Coho salmon and bull trout, as well as provide human health protection for those who consume fish or come in contact with the Duwamish River. Overall Goal: (1,000-character limit, includes spaces) This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. 20 RECIPIENT INFORMATION Organization Name: City of Tukwila Public Works Mailing Address: 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Physical Address: 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 Organization Email: catrien.deboer@tukwilawa.gov Contacts Project Manager Joshua Hopkins Surface Water Project Manager 6300 Southcenter Blvd. Suite 200 Tukwila, Washington 98188 joshua.hopkins@tukwilawa.gov (206) 431-2456 Authorized Signatory Thomas McLeod Mayor 6200 Southcenter Blvd Tukwila, Washington 98188 thomas.mcleod@tukwilawa.gov (206) 433-1850 Billing Contact Catrien de Boer Public Works Grants Analyst 6300 Southcenter Blvd. Suite 100 Tukwila, Washington 98188 catrien.deboer@tukwilawa.gov (206) 431-2445 21 ECOLOGY INFORMATION Mailing Address: Physical Address: Contacts Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Department of Ecology 300 Desmond Drive SE Lacey, WA 98503 Project Manager Kitty Weisman PO Box 330316 Shoreline, WA 98133-9716 kitw461@ecy.wa.gov (425) 213-9065 Financial Karen Izumoto Manager PO Box 47600 Olympia, WA 98504-7600 Karen.lzumoto@ecy.wa.gov (360) 870.7524 Technical Doug Howie Advisor Senior Stormwater Engineer PO Box 47600 Olympia, Washington 98504-7600 doho461@ecy.wa.gov (360) 870-0983 22 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. Washington State Department of Ecology Vincent McGowan Water Quality Program Manager Date City of Tukwila Thomas McLeod Mayor Kari Sand City Attorney Kari.Sand@tukwilawa.gov Date 23 SCOPE OF WORK Task Number: 1 Task Title: Grant and Loan Administration Task Cost: $4,999.71 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; an EAGL (Ecology Administration of Grants and Loans) and Recipient Close Out Report. In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and Recipient Close Out Report. * Properly maintained project documentation. Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, and changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Close Out Report (EAGL Form). 24 SCOPE OF WORK Task Number: 2 Task Cost: $32,028.00 Task Title: Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY's cultural resources review. Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation's (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on -site. The IDP template may be found on the ECOLOGY website. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Cultural and Environmental Review, and Permitting Deliverables Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Please note that the CRR Form(s) must cover all BMPs installed for the project. Email the form(s) and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the cultural resources form or documentation to EAGL. instead email these documents to your ECOLOGY PM with the subject line "CONFIDENTIAL" 25 2.2 ECOLOGY Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete. 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins. 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY. 26 SCOPE OF WORK Task Number: 3 Task Title: Design Plans and Specifications Task Cost: $116,000.00 Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Stormwater Deliverables Guidance document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will upload the ECOLOGY -accepted Design Report, responses to ECOLOGY's Design Report comments, and the ECOLOGY Design Report Acceptance Letter. B. The RECIPIENT will upload the ECOLOGY -accepted 90 Percent Design Package, responses to ECOLOGY's 90 Percent Design Package, and the ECOLOGY 90 Percent Design Package Acceptance Letter. C. The RECIPIENT will submit preliminary GIS polygon data for BMP footprint(s) and contributing basin(s). Acceptable formats include shapefiles, file geodatabase feature classes, shared feature service URLs, or ECOLOGY -accepted equivalent. Refer to the Stormwater Deliverable Guidance for more information. D. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes project plans, specifications, engineer's opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package Acceptance Letter prior to advertising the project. Task Goal Statement: The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Design Plans and Specifications Deliverables Number Description Due Date 3.1 Signed and dated consultant contract, if procuring services for design. The contract must include ECOLOGY's standard contract clauses and/or specification insert. Upload to EAGL and notify ECOLOGY. 3.2 Design Report. Upload to EAGL and notify ECOLOGY. 27 3.3 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY 3.4 ECOLOGY Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY. 3.5 90 Percent Design Package. Upload to EAGL and notify ECOLOGY. 3.6 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL and notify ECOLOGY. 3.7 ECOLOGY 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY. 3.8 Preliminary project shapefiles, file geodatabase feature classes, shared feature services, or ECOLOGY -accepted equivalent. Upload to EAGL and notify ECOLOGY. 3.9 Final Bid Package. Upload to EAGL and notify ECOLOGY. 3.10 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY. 3.11 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY. 3.12 Bid Documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY. 28 SCOPE OF WORK Task Number: 4 Task Title: Construction Management Task Cost: $200,000.00 Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Stormwater Deliverables Guidance document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur. E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY - accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Construction Management Deliverables Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 4.2 Pre -Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY. 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY. 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 29 SCOPE OF WORK Task Number: 5 Task Title: Construction Task Cost: $1,442,717.00 Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY -accepted plans and specifications. The construction project will include installation of two Modular Wetlands Linear, or an ECOLOGY - approved equivalent to mitigate runoff from approximately 3.55 acres total of pollution -generating impervious surface. B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY's Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. Task Goal Statement: Construction of the project in accordance with ECOLOGY -accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS) and dissolved metal pollutants. Construction Deliverables Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY. 30 SCOPE OF WORK Task Number: 6 Task Title: Project Close Out Task Cost: $10,000.00 Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow -control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Stormwater Deliverables Guidance document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. B. The RECIPIENT will submit GIS polygon data that is consistent with the final project for the contributing basin(s) and BMP footprint(s). Acceptable formats include shapefiles, file geodatabase feature classes, public -facing feature service URLs, or ECOLOGY -accepted equivalent. Refer to the Stormwater Deliverable Guidance for more information. C. The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1. D. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template. E. The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Stormwater Deliverables Guidance document. Include a table showing the final equivalent new/re-development area compared to the area provided in the ECOLOGY -accepted Design Report. If unchanged, provide written documentation. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Outcomes Summary. * Proper maintenance of the constructed facility to maintain water quality benefits. Project Closeout Deliverables Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 6.2 Project shapefile, file geodatabase feature classes, shared feature services, or ECOLOGY -accepted equivalent. Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 6.3 Outcomes Summary. Upload to EAGL and notify ECOLOGY. 31 6.4 Final, as constructed, equivalent new/redevelopment area determination. If unchanged, provide written documentation. Upload to EAGL and notify ECOLOGY. 32 BUDGET (EAGL WILL GENERATE THIS SECTION BASED ON PROJECT TYPE/PARAMETERS, ETC. IT MIGHT BE HELPFUL FOR THE RECIPIENT TO USE THE BUDGET TABLE TO PLAN OUT THEIR BUDGET). Funding Distribution Funding Title: SFAP Funding Type: Grant Funding Effective Date: Funding Expiration Date: Funding Source: State — Stormwater Financial Assistance Program Recipient Match %: 15% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Indirect Rate: 30% Stormwater Financial Assistance Program Task Total Recipient Amount ECY Amount 1. Grant and Loan Administration $4,999.71 2. Cultural and Environmental Review, and Permitting $32,028.00 3. Design Plans and Specifications $116,000.00 4. Construction Management $200,000.00 5. Construction $1,442,717.00 6. Project Close Out $10,000.00 Total $1,805,744.71 $270,861.71 $1,534,883.00 Funding Distribution Name Recipient Match Recipient Share Ecology Share Total SFAP 15% $270,861.71 $1,534,883.00 $1,805,744.71 Total $270,861.71 $1,534,883.00 $1,805,744.71 33 34 Application Budget Worksheet (not for EAGL, but do not delete from this draft document) Funding Offer: SFAP Grant Offer SRF Standard Loan Offer SRF Forgivable Principal Loan Offer [Other WQC Funding] Offer Total Funding Offer $1,534,883.00 Does the funding offer amount shown in the following forms all match? Offer Letter uploaded in EAGL: yes EAGL Offer Form: yes Published Offer List: yes Was the funding offer less than the amount requested because of ineligible items? Please describe. no Any other comments / concerns / etc? Please describe. Application budget does not include funds for required arch monitoring, as determined during design grant CRR. ECY should ask recipient to review budget needed for required work in each task. Any additional funds could be justified as covering this work, just needs an updated budget and explanation. Application Budget (copy tasks and amounts from EAGL) Task Budget in App Notes 1. Grant and Loan Administration $10,300.00 2. Cultural, Environmental Review, and Permitting $15,450.00 $10,000 for completing CRR, which was finished under design grant. However, app budget does not include funds for req Arch monitor 3. Design Plans and Specifications $124,630.00 4. Construction Management $215,265.00 5. Construction $1,435,100.00 6. Project Close Out $5,000.00 Total $1,805,745.00 Agreement Budget Task Revised Budget Notes 1. Grant and Loan Administration $4,999.71 Moved funds to project close-out 2. Cultural, Environmental Review, and Permitting $32,028.00 Increased to account for required archaeological monitoring at East Marginal Way 3. Design Plans and Specifications $116,000.00 Updated cost estimate from consultant 4. Construction Management $200,000.00 Updated cost estimate from consultant 5. Construction $1,442,717.00 Slight increase due to changes in other tasks/construction buffer 6. Project Close Out $10,000.00 RCOR/Close-out Total $1,805,744.71 35 36 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. 37 "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY'S Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. 38 "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. 39 SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 40 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: Payment will be issued through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs 41 acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. (This form is used for Section 319 funds only) 2. "Section 319 Initial Data Reporting" form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. 42 To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of Accounting." B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91- 646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://facweb.census.gov/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. 43 F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT 44 may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTS shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT's Legal Council 3. Authorizing Ordinance or Resolution 45 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitlel- chapll.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants- loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility-project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. 46 H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation - secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term" as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 47 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 48 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. 49 The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the "General Comments" text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis -Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. 50 The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer -Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien 51 Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user -charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. ECOLOGY GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://apps.ecology.wa.gov/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. 52 c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all sub grantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by sub grantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. • For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. 53 • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. 54 i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES 55 When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data- resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 56 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women - owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 57 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. 58 c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. 59 ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. 60 b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. 61 c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. 62 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September 23, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Joshua Hopkins, Catrien de Boer I. BUSINESS AGENDA A. Grant Award: Stormwater Outfall Water Quality Retrofit Project Staff is seeking approval to accept grant funding from the Washington State Department of *Ecology in the amount of $1,805,745 to fund final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda B. Contract Amendment: Stormwater Quality Retrofit Program Staff is seeking approval of an amendment to Contract 22-134 with KPG Psomas, Inc. in the amount of $322,873 for design and construction management of the program. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda C. Contract Amendment: 2023 Annual Small Drainage Program Staff is seeking approval of an amendment to Contract 23-089 with KPG Psomas, Inc. in the amount of $63,207.50 for additional permitting services. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda D. Contract Amendment: Gilliam Creek Fish Barrier Removal and Habitat Enhancement Staff is seeking approval of an amendment to Contract 24-093 with Otak, Inc. in the amount of $138,270 for additional design and engineering services on the project. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda The meeting adjourned at 5:51 p.m. Con4mittee Chair Approval Minutes by LH 63 64 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 SW ITEM INFORMATION ITEM NO. 4.E. STAFF SPONSOR: TONY CULLERTON ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Resolution authorizing the cancellation of abandoned or unclaimed property for 2024 reporting. CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mtg Date 10/07/24 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Altg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The resolution authorized the cancellation of abandoned funds (unclaimed property). Unclaimed property will be reported to the Department of Revenue (DOR) Unclaimed Property Section. The Council is being asked to approve the resolution for cancellation of unclaimed property. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 09/23/24 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Consent Agenda on 10/07/24 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/7 MTG. DATE ATTACHMENTS 10/07/24 Informational Memorandum dated 09/23/24 Resolution in final form with Attachment Attachment A - 2024 Unclaimed Property Summary Report 9/23 Finance & Governance Committee Minutes (distributed separately) 65 66 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Tony Cullerton, Interim Finance Director BY: Cindy Wilkins, Fiscal Specialist CC: Mayor McLeod DATE: September 23, 2024 SUBJECT: 2024 Reporting of Unclaimed Property to the Washington State Department of Revenue ISSUE Annual reporting of outstanding and unredeemed accounts payable claims. BACKGROUND Each year by November 1st, the City of Tukwila reports abandoned or unclaimed property that is owed either to individuals or business vendors to the Washington State Department of Revenue Unclaimed Property Section and removes these items from the accounting records. All local governments are required to report unclaimed property except unclaimed restitution. Normal restitution is then reported each year by the County Treasurer to the State Treasurer. Current Finance Department policy dictates that all abandoned or unclaimed property be reported annually to the Washington State Department of Revenue Unclaimed Property Section through the Council approved resolution process. DISCUSSION For the 2024 unclaimed property report year, reporting of abandoned or unclaimed property totals $162.49 comprised of General Fund Accounts Payable Claims checks. To the extent possible, those individuals and businesses with unclaimed accounts payable claims checks have been notified by the City through "good faith" effort of being mailed due diligence letters. These individuals and businesses have either not responded to the due diligence notifications and/or cannot be located to claim their property. RECOMMENDATION The Council is being asked to approve the Resolution declaring the cancellation of unclaimed General Fund accounts payable claims and consider this item on the Consent Agenda at the October 7, 2024 Regular Council Meeting. ATTACHMENTS Proposed Draft Resolution Attachment A - 2024 Unclaimed Property Summary Report 67 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHO ING THE CANCELLATION OF OUTSTANDING ERAL FUND CLAIMS CHECKS. WHEREAS, the State of Washington, Depa Section, for the reporting on year 2023, re outstanding claims and payroll checks issued fr t of R ue Unclaimed Property a one -ye dormancy period for eral Government Fund; and WHEREAS, the City of Tukwila Finan - Depart has made all reasonable attempts to resolve the outstanding, unredeemed a '1►: and . s; and WHEREAS, the City Council . e CI r uk a wishes to cancel all outstanding, unclaimed General Fund claims • 'ssue .rior to July 1, 2023; NOW, THEREFORE, NCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ' ES ► SAS • LLOWS: The Tukwila C. Councl uth. -es the cancellation of General Fund checks as detailed on Attachm. A, the 20 Unclaimed Property Summary Detail Report. PASSED BY THE NCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof thi day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Mohamed Abdi, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A: 2024 Unclaimed Property Summary Report (7/1/2022 — 6/30/2023) 2024 Legislation: Cancellation of outstanding claims checks Version: 09/18/2024 Staff: S. Wright Reviewed by: Melissa McCormick Page 1 of 1 69 70 Attachment A-2024 Unclaimed Property Summary Report - Reporting Period 7/1/2022 - 6/30203 Accounts Payable Check Number Issue Date Payee ID Payee Name Invoice Description Dept GL Account JL Account Check Amount 00401060 07/15/2022 V030139 ASHLEE L SKELTON 06292022 Witness Invoice 06/29/22 CRT M0009100-549011 31000901-0000000 10.00 00401093 07/29/2022 V030165 ROYA AMAN 071822 7/18 REF DEPOSIT TCC 000-213100 20.00 00401402 09/09/2022 V030218 VINCENT BROWN 083122 Witness Invoice 08/31/22 CRT MC009100-549011 10.00 00401561 10/06/2022 V030232 MIRIAM E HERSHBERG 09282022 Witness Invoice 09/28/2022 CRT M0009100-549011 10.00 00401585 10/06/2022 V030231 MORGAN E WILLIAMS 09282022 Witness Invoice 9/28/22 CRT MC009100-549011 10.00 00401665 10/28/2022 V030258 MYRTLE F ANDERSON 10272022 Witness Invoice CRT MC009100-549011 10.00 00401680 10/28/2022 V030256 IRYNA IVCHENKO 10272022 Witness Invoice CRT MC009100-549011 10.00 00401976 12/09/2022 V030290 SA'NAYA M MCAFEE 11302022 Witness Invoice 1 11/30/2022 CRT MC009100-549011 10.00 00402104 12/27/2022 V030312 JAKARA HARRISON 12142022 Witness Invoice 1 CRT MC009100-549011 10.00 00402126 12/27/2022 V030313 ANNA E SEAMAN 12142022 Witness Invoice 2 CRT MC009100-549011 10.00 00402401 01/27/2023 V030340 FRED MCAFEE 011923 Refund SWM O/P-McAfee PW 640-237000 7.49 00402832 03/31/2023 V030439 MARICELA SOTO 03292023 Witness Invoice CRT MC009100-549011 10.00 00402920 04/14/2023 V030451 HODO MOHAMUD 040423 Refund for Kung Fu-Apr TCC 000-213100 25.00 00403077 05/05/2023 V030472 SHANNON RENEATRAXLER 04262023 Witness Invoice CRT MC009100-549011 10.00 AP TOTAL: $ 162.49 PAYROLL Check Number Issue Date Payee Name Pay Period Date Dept Check Amount none to report for 2022/2023 period PAYROLL TOTAL: 0.00 COURT Case # Date Payee Name 2 restitution cases, see below* Description COURT TOTAL: 0.00 TOTAL UNCLAIMED PROPERTY: $ 162.49 * Court restitution does not get reported to the State. Restitution is reported to the State by the County Treasurer's Office each year. 72 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 SW ITEM INFORMATION ITEM NO. 4.F. STAFF SPONSOR: TONY CULLERTON ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Resolution Ordering the Cancellation of Uncollectible Accounts Receivable CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mtg Date 10/07/24 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Altg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ® Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY There are certain accounts receivable that have been deemed uncollectible and need to be removed from the Accounts Receivable ledger. The Council is being asked to consider and approve the resolution ordering their cancellation. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 09/23/24 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/7 MTG. DATE ATTACHMENTS 10/07/24 Informational Memorandum dated 09/23/24 Resolution in final form Attachment A - 2024 AR Write -Offs Attachment B - Historical Write -Offs 9/23 Finance & Governance Committee Minutes (distributed separately) 73 74 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Tony Cullerton, Interim Finance Director BY: Cindy Wilkins, Fiscal Specialist CC: Mayor McLeod DATE: September 23, 2024 SUBJECT: Cancellation of Uncollectable Accounts Receivable ISSUE Each year a resolution comes before the Council for the cancellation of uncollectable accounts receivable. For 2024, these items include: • Community Development invoice • Fire False Alarms • Police False Alarms • Public Works invoices GRAND TOTAL: $6,000.00 7,000.00 18,300.00 11,675.11 $42,975.11 BACKGROUND The process for tracking accounts receivable is quite thorough. The steps below are followed prior to preparation of the attached write-off resolution. • The Finance Department sends an invoice to a customer, payable in 30 days. • If payment is not received within 30 days, the receivable is forwarded to our collection agency, Armada, and placed into pre -collect status. • Next, Armada sends a Delinquency Notice to debtor notifying them of the past -due status of the receivable and asks them to contact the City to make payment. Payments can still be made directly to the City while in pre -collect status. • Once 30 days in pre -collect status have passed, the receivable then rolls over to active collections. At the onset of active collections, a letter is sent to the debtor notifying them of the change in status from pre -collect to active collections and advising that payments must now be made through the collection agency. • When in active collections status, the debtor is contacted both by phone and letter. A search is made for assets with which the debt could be satisfied. Once the debt has been in active collections for 45 days, it is then reported to the national credit bureaus. • The last process in the collections cycle is the pursuit of legal action. This includes attaching checking accounts, garnishments, and lawsuits. • It should be noted that while a debt may be written off our books, it is still active in Armada's collection process. DISCUSSION The proposed amount of the 2024 Cancellation of Accounts Receivable is $42,975.11. This is an annual housekeeping item. 75 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT The financial impact of cancelling $42,975.11 will be to reduce our accounts receivable balance by this amount. Please note that while we are writing off the accounts receivable for accounting purposes, the accounts are still being actively worked on for collection purposes except for those accounts where a responsible party cannot be identified. Accounts covered by bankruptcy law cannot be pursued. RECOMMENDATION The Council is being asked to approve the annual resolution authorizing the cancellation of Accounts Receivable and to forward this item to the Regular Meeting Consent Agenda of October 7, 2024. ATTACHMENTS Proposed Draft Resolution Attachment A — 2024 AR Write -Offs Attachment B — Historical Write -Offs 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDE - ING THE CANCELLATION OF PAST DU ACCOUNTS RECEIVABLES WHEREAS, certain receivables and checks fie been . -med uncollectable after efforts both the City have been unsuccessful; a WHEREAS, the City's collection agency,'a, will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY O 1 QF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESO S A' LO ' S: Miscellaneous Accou 1 able. e total of $42,975.11 (per Attachment A) is deemed uncollectable. PASSED BY TH • IL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting ATTEST/AUTHENTICA Andy Youn, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment A: 2024 AR Write -Offs Mohamed Abdi, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 77 78 Attachment A - 2024 Write -Offs * = Referred to Collections Customer # Customer Name Invoice Date Invoice Description GL Account Total C00848 ADAN, MAHAMUD C00672 HAMPTON HEIGHTS LLLP C00673 AIRFIELD BUSINESS CENTER C00674 SOUTHCENTER PLAZA C00676 PARKWAY SUPERCENTER C00676 PARKWAY SUPERCENTER C00400 EVERGREEN HOBBIES INC C00672 HAMPTON HEIGHTS LLLP C00636 CONFLUENCE APARTMENTS C00474 nc mach* C00730 MUSEUM OF FLIGHT FOUNDATION C00731 PEAKS AT TUKWILA C00636 CONFLUENCE APARTMENTS C00635 Greater Life Church and Ministries C00740 SABEY DATA CENTERS-INTERGATE.SEATTLE C00730 MUSEUM OF FLIGHT FOUNDATION C00676 PARKWAY SUPERCENTER C00674 SOUTHCENTER PLAZA C00688 TUKWILA VILLAGE #1 C00586 C00316 C00408 C00457 C00640 C00481 C00642 C00644 C01198 C00645 C00650 C00655 C00378 C00658 C01640 V015500 C00650 C00482 C00256 C00642 C00473 FIDELITY TITLE AZ TRADING INC GIVING TREE LEARNING CENTER INC RUDY CUBE LLC SEA CORP OLD NAVY LLC BF FOODS TUKWILA LLC QDOBA RESTAURANT CORPORATION RECREATIONAL EQUIPMENT, INC. ROSS DRESS FOR LESS INC DHINBILL NUR ALI TREK RETAIL CORPORATION VERA WHOLE HEALTH INC WW GRAINGER INC UPS SUPPLY CHAIN SOLUTIONS, INC. GLOBAL TO LOCAL HEALTH INITIATIVE DHINBILL NUR ALI NEW CINGULAR WIRELESS PCS LLC SEATTLE CHAR LLC BF FOODS TUKWILA LLC PETSMART INC #377 09/28/2022 CD000012 RELOCATION ASSIST 12471 TIB CD008300-541008 04/12/2022 FD000063 04/12/2022 FD000064 04/12/2022 FD000066 04/12/2022 FD000073 05/09/2022 FD000078 05/09/2022 FD000082 05/09/2022 FD000083 05/09/2022 FD000088 05/09/2022 FD000090 05/09/2022 FD000091 05/09/2022 FD000092 05/10/2022 FD000100 05/10/2022 FD000104 05/04/2022 FD000105 05/04/2022 FD000106 05/04/2022 FD000107 05/04/2022 FD000108 05/04/2022 FD000111 03/16/2022 PD000219 03/16/2022 PD000220 03/16/2022 PD000222 03/16/2022 PD000224 03/16/2022 PD000232 03/16/2022 PD000236 03/16/2022 PD000238 03/16/2022 PD000239 03/16/2022 PD000240 03/16/2022 PD000242 03/16/2022 PD000246 03/16/2022 PD000253 03/16/2022 PD000255 03/16/2022 PD000258 04/26/2022 PD000263 04/26/2022 PD000266 04/26/2022 PD000268 04/26/2022 PD000272 04/26/2022 PD000273 04/26/2022 PD000277 04/26/2022 PD000279 22-0041 1/2/22 FIRE FA 22-0101 1/5/222 FIRE FA 22-0147 1/6/2022 FIRE FA 22-0269 1/13/2022 FIRE FA 2/1/22 FIRE FALSE ALARM 2/8/22 FIRE FALSE ALARM 2/8/22 FIRE FALSE ALARM 2/13/22 FIRE FALSE ALARM 2/14/22 FIRE FALSE ALARM 2/15/22 FIRE FALSE ALARM 2/15/22 FIRE FALSE ALARM 3/18/22 FIRE FALSE ALARM 3/28/22 FIRE FALSE ALARM 3/17/22 FIRE FALSE ALARM 3/21/22 FIRE FALSE ALARM 3/20/22 FIRE FALSE ALARM 3/16/22 FIRE FALSE ALARM 3/11/22 FIRE FALSE ALARM 12/15/2021 PD FA 12/18/21 PD FA 12/27/2021 PD FA 12/3/2021 PD FA 12/15/2021 PD FA 12/4/2021 PD FA 12/12/2021 PD FA 12/16/2021 PD FA 12/16/2021 PD FA 12/27/2022 PD FA 12 31/2021 PD FA 12/3/2021 PD FA 12/27/2021 PD FA 12/28/2021 PD FA #4 1/1/22 PD FA #2 1/30/2022 PD FA #9 1/2/2022 PD FA #7 1/9/2022 PD FA #5 1/22/22 PD FA #4 1/13/2022 PD FA #4 1/20/22 PD FA FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 FD011100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 6,000.00 * 6,000.00 250.00 250.00 250.00 750.00 250.00 250.00 250.00 750.00 250.00 250.00 250.00 500.00 750.00 500.00 250.00 250.00 250.00 750.00 7,000.00 250.00 * 250.00 * 250.00 * 250.00 * 250.00 * 250.00 * 500.00 * 250.00 * 500.00 * 250.00 * 500.00 * 250.00 * 250.00 * 50.00 * 250.00 * 250.00 * 250.00 * 250.00 * 500.00 * 250.00 * 750.00 * Page 1 Attachment A - 2024 Write -Offs * = Referred to Collections Customer # Customer Name Invoice Date Invoice Description GL Account Total C00702 ALLY PLUMBING INC C00718 EAN HOLDINGS INC C00719 SIMPLY THAI USA INC C00640 SEA CORP C00688 TUKWILA VILLAGE #1 C00313 APARTMENT OUTFITTERS OF VIRGIN C00749 LANE, PAMELA V011858 SOUND C00399 ENVISTA FORENSICS LLC V015500 GLOBAL TO LOCAL HEALTH INITIATIVE C00650 DHINBILL NUR ALI C00406 FOSTER CREEK APARTMENTS LLC C00482 NEW CINGULAR WIRELESS PCS LLC C00256 SEATTLE CHAR LLC C00473 PETSMART INC #377 C00315 ASHLEY FURNITURE PARTNERS LLC C01132 VIDEO ONLY, INC. C00636 CONFLUENCE APARTMENTS C00253 SKYGROUP INVESTMENTS LLC C00384 TUKWILA VILLAGE PHASE 2 OPPORT C00726 CLAIM JUMPER ACQUISITION COMPANY LLC C00812 SUMA PERFORMANCE LLC V011858 SOUND C00702 ALLY PLUMBING INC C00572 COWLITZ TRIBAL HEALTH C00378 VERA WHOLE HEALTH INC C00814 YGS WEST LLC C00658 WW GRAINGER INC C00348 CORPORATION OF THE CATHOLIC CHURCH C00815 WORKSITE LABS INC C00816 BENLA WATER HEATERS INC C00571 ATWORK! COMMERCIAL ENTERPRISES LLC C01555 SEFNCO COMMUNICATIONS, INC. CO2062 BRETT MCDONOUGH CO2063 BLUE PEARL MANAGEMENT LLC C00846 DESIMONE TRUST OXBOW 04/26/2022 PD000293 05/09/2022 PD000345 05/09/2022 PD000348 05/09/2022 PD000352 05/09/2022 PD000355 05/09/2022 PD000358 07/19/2022 PD000380 07/19/2022 PD000383 07/19/2022 PD000385 07/19/2022 PD000389 07/19/2022 PD000391 07/19/2022 PD000395 07/19/2022 PD000397 07/19/2022 PD000400 07/19/2022 PD000404 07/19/2022 PD000405 07/19/2022 PD000409 07/19/2022 PD000414 07/19/2022 PD000415 07/26/2022 PD000418 07/26/2022 PD000422 07/26/2022 PD000427 07/19/2022 PD000429 07/19/2022 PD000430 07/19/2022 PD000431 07/19/2022 PD000432 07/19/2022 PD000433 07/19/2022 PD000434 07/19/2022 PD000435 07/19/2022 PD000436 07/19/2022 PD000437 12/20/2023 07/06/2022 10/16/2023 10/16/2023 09/21/2022 #2 1/9/22 PD FA #2 2/16/22 PD FA #2 2/23/22 PD FA #3 2/7/222 PD FA #5 2/11/22 PD FA #6 2/6/22 PD FA #2 4/9 PD FA #4 4/14 PD FA #5 3/24 PD FA #3 4/8 PD FA #10 3/8 PD FA #3-4 PD FA #8 4/29 PD FA #7 & 8 PD FA #7 -9 PD FA PD FA #4 3/30 PD FA #3-4 PD FA #2-3 PD FA #7 3/6 PD FA #2 3/9 PD FA #2 & 3PD FA #10 3/6 PD FA #4-5 PD FA #9-10 PD FA #4 4/17 PD FA #4 4/10 PD FA #4-5 PD FA #6 4/17 PD FA #2 3/26 PD FA #2 4/12 PD FA PW000223 Use of temp 2.5" Hydrant Meter PW000061 Adj Deposit/Rev WO 2204112 FN000283 Adj Deposit/Revenue D21-05154 FN000285 Adj Deposit/Revenue D22-0053 PW000087 Adj Deposit/Rev WO 22240104 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PD010100-342800 PW401800-343401 PW401800-343402 PW401801-379002 PW401801-379002 PW401801-379002 500.00 * 250.00 * 500.00 * 500.00 * 500.00 * 250.00 * 250.00 * 250.00 * 250.00 * 250.00 * 250.00 * 500.00 * 250.00 * 500.00 * 750.00 * 1,000.00 * 250.00 * 500.00 * 500.00 * 250.00 * 250.00 * 500.00 * 250.00 * 500.00 * 500.00 * 250.00 * 250.00 * 250.00 * 250.00 * 250.00 * 250.00 * 18,300.00 10,890.65 * 423.28 * 159.11 * 159.11 * 42.96 * 11,675.11 Grand Total: $ 42,975.11 Page 2 Attachment B - Historical Write -Offs Resolution 1843 2014 $ 36,240.62 Resolution 1865 2015 $ 27,887.91 Resolution 1893 2016 $ 47,680.46 Resolution 1916 2017 $ 9,005.25 Resolution 1948 2018 $ 12,832.35 Resolution 1969 2019 $ 53,109.56 Resolution 2001 2020 $ 17,285.74 Resolution 2031 2021 $ 5,492.03 Resolution 2051 2022 $ 34,324.45 Resolution 2078 2023 $ 70,835.55 81 82 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 JR ITEM INFORMATION ITEM No. 4.G. STAFF SPONSOR: JOSH HOPKINS ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Surface Water Fund — Stormwater Outfalls Water Quality Retrofit Program Contract 22-134, Amendment No. 2 CATEGORY ❑ Discussion Mtg Date 11 Motion Date 10/07/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑PAR ❑Police 11PJV ❑Court SPONSOR'S The goal of the Stormwater Quality Retrofit program is to improve the water quality of SUMMARY stormwater discharges to the Green-Duwamish River from city roads. Amendment No. 2 funds the design, construction and construction management. The City was awarded a grant for $1,534,883 and the city has budgeted the 15% match. Council is being asked to approve Amendment No. 2 with KPG Psomas Inc, in the amount of $322,873 for design and construction management for the Stormwater Quality Retrofit Program. REVIEWED BY 0 Trans&infrastructure CommunitySvs/Safety Arts Comm. Finance ❑ Parks Comm. ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR: ARMEN PAPYAN ❑ LTAC DATE: 09/23/24 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDTTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $322,873.00 $.00 $0.00 Fund Source: GRANT AND CITY MATCH Comments: CIP 2023-28, Pg. 77 MTG. DATE RECORD OF COUNCIL ACTION 10/07/24 MTG. DATE ATTACHMENTS 10/07/24 Informational Memorandum dated 09/20/24 CIP 2023-28, Pg. 77 9TUK010300 Amend 2 signed Info Memo Dept. of Ecology WQ Grant Acceptance Minutes from Transportation and Infrastructure Committee meeting of 09/23/24 83 84 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Public Works Director BY: Joshua Hopkins, Surface Water Project Manager CC: Mayor Thomas McLeod DATE: September 20, 2024 SUBJECT: Surface Water Fund — Stormwater Outfalls Water Quality Retrofit Program Project No. 91241202 Contract 22-134, Amendment No. 2 ISSUE Approve Amendment No 2. to Contract 22-134 with KPG Psomas, Inc. to provide design and construction management services for the Stormwater Outfalls Water Quality Retrofit Program in the amount of $322,873. BACKGROUND The goal of the Stormwater Quality Retrofit program is to improve the water quality of stormwater discharges to the Green-Duwamish River from city roads. This project will retrofit two city street discharge points — they were prioritized from a list of eight identified by City staff. In a prior contract, KPG Psomas analyzed and prioritized these eight discharge points based on seven criteria and developed four priority sites to 90% Plans. The first two sites will be under construction Fall 2024. DISCUSSION This contract will develop bid documents for the next two priority sites — adjacent to the East Marginal Way outfall near S 115t" St and the Fort Dent Way outfall - and include construction management services. A grant from the WA State Department of Ecology will reimburse the city for design, construction, and construction management costs. Amendment No. 1 was a time extension. FINANCIAL IMPACT The proposed fee for design (90% to bid docs) and construction management is $322,873, bringing the contract total to $521,700. The City was awarded a Department of Ecology Stormwater Financial Assistance Program Grant for $1,534,883. This will fund design, construction and construction management. The City has budgeted $270,861 fora required 15% match. RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 22-134 with KPG Psomas Inc, in the amount of $322,873 for design and construction management for the Stormwater Quality Retrofit Program and consider this item on the Consent Agenda at the October 7, 2024, Regular Meeting. ATTACHMENTS • CIP '23-'28, Pg. 77 • 9TUK010300 Amend 2 signed • Info Memo Dept. of Ecology WQ Grant Acceptance 85 86 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Storm Water Quality Retrofit Program Project No. 91241202 DESCRIPTION: Provide, design, and install water quality testing and improvements at selected drainage locations. JUSTIFICATION: Most surface water is discharged directly to receiving water bodies untreated. STATUS: Water quality retrofit has been added to CIP projects since 2015 (Interurban and 53rd Ave S). MAINT. IMPACT: Expected to increase maintenance. COMMENT: Combine with other CIP projects for design and construction, where feasible. For 2021, funding for added improvements to the West Valley Highway project. A proposed State DOE grant is listed in 2022. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 41 100 20 100 100 100 100 20 581 Land (R/W) 5 5 Const. Mgmt. 300 400 15 715 Construction 1,300 1,800 80 3,180 TOTAL EXPENSES 41 105 1,620 100 100 2,200 100 100 115 4,481 FUND SOURCES Awarded Grant 22 1,365 1,387 Proposed Grant 100 1,530 100 1,730 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 19 105 255 100 0 670 100 0 115 1,364 TOTAL SOURCES 41 105 1,620 100 100 2,200 100 100 115 4,481 2023 - 2028 Capital Improvement Program ® ,M 77 87 88 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and KPG Psomas, Inc That portion of Contract No. 22-134 between the City of Tukwila and KPG Psomas Inc. is hereby amended as follows: Section 2 Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the additional contract scope of services as described in Exhibit A-3 and A4, attached. Section 3 Duration of Agreement; Time for Performance: Section 3 is hereby amended to read as follows: This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2026, 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, 2026 unless an extension of such time is granted in writing by the City. Section 4 Payment: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibits "B- 1" and `B-2, " provided that the total amount of payment to the Consultant for that work shall not exceed $198,827.00 without express written modification of the Agreement signed by the City. Payment for the work provided by the Consultant shall be made as provided on Exhibit B-3 and B-4 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $322, 873 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $521,700 without express written modifications of the Agreement signed by the City. Section 19 Department of Ecology Provisions: A new Section 19 is added to the Agreement to read as follows: CA Reviewed May 2020 Page 1 of 2 89 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: The Washington State Department of Ecology Water Quality Combined Funding Insert attached hereto as Exhibit C is hereby incorporated into the Agreement as if fully set forth. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney sponsor staff. ** CONTRACTOR: By: Printed Name: Terry Wright Title: Vice President 90 CA Reviewed May 2020 Page 2 of 2 EXHIBIT A-3 Design Services Scope of Work City of Tukwila - Stormwater Outfall Water Quality Retrofit Project City Project Number: 22-134 KPG Psomas Project number 9TUK010300 September 9, 2024 Supplement #2 This project will prepare final design for two sites of stormwater treatment facility designs that were submitted at 90% design through the grant funds from State of Washington Department of Ecology ("Ecology") Agreement No. WQC-2017-Tukwil-00158 ("Grant Agreement"). The City of Tukwila has been selected to receive funding DOE Agreement No. WQC-2025-Tukwil- 00039 ("Grant Agreement") in the State Fiscal Year 2025 (SFY25) Funding Cycle. KPG Psomas will support this project by providing professional services as described in the following Scope of Work. TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant will provide continuous project management for the project duration. (24 month duration) 1.2 The Consultant will prepare for, attend and provide written meeting notes for six virtual design coordination meetings with City staff and/or agency stakeholders. 1.3 The Consultant will provide internal quality assurance/quality control (QA/QC) reviews of all major deliverables prior to submittal to the City. Task 1 Deliverables: ■ Monthly progress reports Task 1 Assumptions: ■ Estimated project duration is 24 months ■ City will prepare all progress reports and reimbursement requests for Ecology required by Grant Agreement TASK 2 — PERMITTING The DOE Grant required permitting was completed during preliminary design and was submitted to Ecology by the City of Tukwila. This includes Cultural Resource Survey, City SEPA, and City Shoreline Permit. City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 1 of 5 KPG Psomas Supplement #2 September 9, 2024 91 2.1 The Consultant shall prepare a supplemental coordination letter or letters if there has been a lapse or renewal required for permitting. This level of effort includes review of existing permitting information, preparing two updated graphics of project limits, and letter requesting renewal of permits. 2.2 Ecology requires Cultural Resources Monitoring for E Marginal Way location. Consultant shall support review of subconsultant prepared monitoring plan and determine duration required for monitoring plan that is approved by Ecology. Task 2 Deliverables: ■ Permit Renewal Letter with Vicinity Map, as needed (PDF). Task 2 Assumptions: ■ EO 05-05 Project Review Form and IDP submitted and approved by Ecology by City during preliminary design. ■ SEPA was completed with DNS effect and was submitted to Ecology by City during preliminary design . ■ Shoreline Substantial Development Permit submitted and approved by City during preliminary design. ■ No water resources permits (WDFW Hydraulic Project Approval, Corps of Engineers 404/10 Permit, Ecology 401 Water Quality Certification) will be required. ■ Existing permits and supporting documentation remain valid and do not require re -submittal or substantial revision. TASK 3 —FINAL DESIGN The Consultant shall prepare final design and final plans, specifications and cost estimate for review and approval by the City and Ecology. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities and City standard details and WSDOT standard plans will be supplemented with project specific details as required. This task shall also include preparation of items required per the grant and Final Design Package submittals to Ecology, contents of which shall be prepared in accordance with the Ecology publication "Design Deliverables for Stormwater Projects with Ecology Funding", dated August 2021. 3.1 The Consultant shall prepare any supplement survey to support the design that was not collected or is outdate from the original 2020 surface data collection at these locations. These location(s) will be identified and approved by City prior to work. Basis of control will be: Horizontal NAVD 83/2011, Vertical NAVD 88. Control points will be established and will be made available for use during design/construction. The consultant will locate, field survey, and calculate positions for monuments and control points throughout the project limits, using the Washington State Plane coordinate system. Conventional or GPS surveying methods will be used on this project. Consultant shall subcontract with a utility locating company to paint all underground utility locations within survey area prior to performing field surveys. Topographic mapping of the existing ground will be taken at approximately at 25-foot intervals (to provide 2- foot contour intervals). Irrigation systems will not be included. Perform observation and measure -downs of existing storm drain catch basins and manholes and sewer manholes. The approximate size, type (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size and location of pipes will be documented. These observations will be made from the surface. The Consultant will perform CADD City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 2 of 5 KPG Psomas Supplement #2 September 9, 2024 92 mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD 2022 format of the project within the project area. 3.2 Consultant shall prepare 90% Plans and Engineer's Cost Estimate for the project. The project is comprised of the Fort Dent Way and E Marginal Way sites shown in the Stormwater Outfalls Water Quality Retrofit Project, 90% Ecology Submittal, dated November 2021. Consultant shall review utilizing the Duwamish Gardens as a revision to the November 2021 Design. 3.3 Consultant shall prepare 100% Plans, Specifications, and Engineer's Cost Estimate for the project. The 100% submittal will include responses to comments received from the 90% review by the City and Ecology. 3.4 The Consultant shall respond to Ecology comments on 100% Final Design Package submittal. 3.5 The Consultant shall calculate and submit a preliminary equivalent new/re-development area for the final design project locations in accordance with the Ecology grant Design Deliverables Document. 3.6 The Consultant shall prepare preliminary GIS compatible project area in shapefile, geodatabase file, or ECOLOGY -approved equivalent. The project area shall include polygon features for stormwater facilities and contributing areas. 3.7 The Consultant shall continue coordination with City and franchise utility companies impacted by the project improvements. This effort will include sending letters to all utility providers serving the project site areas to confirm utility locations, identify planned upgrades, and identify potential conflicts. Any potholing will be completed by the Franchise Utility. This scope does not include any coordination for relocation or permit reviews for Franchise Utility relocation prior to project construction. 3.8 The Consultant shall prepare Contract Documents for Bid and upload to BXWA on behalf of the City. The Contract Documents will include responses to all comments received from the final 100% bid package review by the City and Ecology as part of the design grant agreement. Task 3 Deliverables: ■ 90% Plans and Cost Estimate (PDF) ■ 100% Plans, Specifications and Cost Estimate (PDF) ■ Responses to City and Ecology 100% Review Comments (PDF) ■ Proposed project area equivalent new/development area determination (PDF) ■ Proposed project area shapefile (SHX file) ■ Contract Bid Package (PDF) ■ Supplemental Electronic Base Map showing utility locations, surface features, contours, and existing right-of-way (as needed). Task 3 Assumptions: City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 3of5 KPG Psomas Supplement #2 September 9, 2024 93 ■ The Ecology required Design Report is finalized with acceptance and no further updates required. If Duwamish Gardens is utilized and the Storm Technical Information Report (TIR) and Ecology Design Report may need to be updated. This is not included in the scope. ■ The City will upload all required documents to EAGL to satisfy the required "Design Deliverables for Stormwater Projects with Ecology Funding", dated August 2021. ■ Traffic Control Plans will be created by the Contractor. ■ 10K has been provided for Utility Potholing for City owned utilities. Franchise Utility potholing shall be direct billed to that utility, as needed. ■ Right-of-way plans, legal descriptions, or acquisition will not be required. ■ 90%,100%, and Bid Plans content assumption: 1 Cover Sheet 1 Legend, Abbreviations, and Survey Notes 10 Stormwater Plans & Profiles, Stormwater Detail Sheets Total: 12 Sheets TASK 4 — CONSTRUCTION BIDDING SUPPORT 4.1 The Consultant will assist the City PM in advertisement of the Contract Documents. 4.2 The Consultant will prepare addenda and respond to bidders questions relayed through the City. It is assumed that the Consultant will prepare up to two (2) addenda. 4.3 The Consultant will prepare Conformed Documents (to include all Project Addenda) for the City to be provided to the Contractor. Task 4 Deliverables: ■ Prepare responses for up to four (4) bidder questions (incl. with Addenda) ■ Prepare up to two (2) Addendum Packages ■ Conformed Documents: (5) hard copies of half-size (11x17) and Specifications (8.5x11) Management Reserve Included in this Contract's Management Reserve includes, but is not limited to: • Additional DOE Grant requirement requests not noted in scope. • Any additional services requested from the City. The above activities will require written authorization from City to access management reserve funds. Additional Services The City may require additional services of the Consultant in order to advance the project through final design, bidding and/or construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: • Public outreach support • Water resources permits • Right of way and easement research and/or acquisition • Providing construction phase support • Preparation of Record Drawings City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 4of5 KPG Psomas Supplement #2 September 9, 2024 94 These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila Design Services Stormwater Outfall Water Quality Retrofit Project Page 5 of 5 KPG Psomas Supplement #2 September 9, 2024 95 EXHIBIT A-4 Construction Management Services Scope of Work City of Tukwila - Stormwater Outfall Water Quality Retrofit Project City Project Number: 22-134 KPG Psomas Project Number: 9TUK010300 September 9, 2024 Supplement #2 KPG Psomas will provide construction management services for the construction contract to complete the City of Tukwila Stormwater Outfall Water Quality Retrofit Project. The City of Tukwila has been selected to receive a grant funding through DOE Agreement No. WQC-2025-Tukwil-00039 ("Grant Agreement") in the State Fiscal Year 2025 (SFY25) Funding Cycle. Construction is anticipated in Spring/Summer 2026. The proposed work includes construction of two sites: Site 1: Fort Dent Way Install single new modular wetland unit, storm conveyance pipe, and restoration of planter strip, sidewalk, and street trench restoration area to treat stormwater runoff before it outfalls to Duwamish River. Site 2: E Marginal Way Install single new modular wetland unit, storm conveyance pipe, planter strip, sidewalk and street trench restoration to treat stormwater runoff before it outfalls to the Duwamish River. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The level of service and fee is based on project duration of 45 working days. • The proposed project team will include a part time Project Manager (1 hr a week) part time Resident Engineer (16 hours a week), one full time Construction Inspector (45 hours a week), a part time Documentation Specialist (20 hours a week), and one part time Project Engineer from KPG Psomas's design team to review submittals and interpret Contractor inquiries, as needed. The team also includes a sub -consultant to provide services for materials testing and construction site observation to satisfy Tukwila Municipal Codes for work within certain soil classifications. • City will review and execute the insurance, bonds, and the Construction Contract. • Consultant will coordinate during audits or traffic control operations related to project impacts and help the City to complete any other required correspondence with outside agencies. City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 1 of 9 KPG Psomas Supplement #2 September 9, 2024 96 EXHIBIT A-2 • The City will work with the Contractor to conduct all community outreach in relation to phasing and direct impacts due to construction. The City's Contractor shall be responsible for the communication to the community on schedule and work activities. • KPG Psomas design engineers will be available during construction to answer questions and review RAM's, shop drawings, and answer RFI's. • Consultant services will be performed in accordance with the WSDOT Construction Manual, Contract plans & special provisions, and City of Tukwila engineering standards. • The franchise Utilities will provide field inspection for all work surrounding the construction or relocation of their utility systems if necessary. • Coordination of construction with franchise utilities, if any, will be done by City Contractor. Consultant will help facilitate coordination between utilities and Contractor as needed or requested by City. II. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for, and ultimately that the City of Tukwila receives a successful review by any outside agency including state audits at the end of the Project. TASK 1— MANAGEMENT / COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. 1.1 Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. 1.2 Review monthly expenditures and CM team scope activities. Prepare and submit monthly project progress reports to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source(s), if any. Deliverables: • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Assist with Award Process: KPG Psomas will attend Award opening, prepare bid tab analysis, and verify Contractor by reviewing debarment and LNI website. KPG Psomas will prepare recommendation of award letter. City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 2 of 9 KPG Psomas Supplement #2 September 9, 2024 97 EXHIBIT A-2 2.2 Administrative Services up to Contractor Notice to Proceed (NTP): KPG Psomas will provide support startup of the project with any miscellaneous administrative needs not specifically outlined in items 2.2 — 2.9. 2.3 Preconstruction (PreCon) Photos: KPG Psomas staff shall collect and log a comprehensive set of precon photos, prior to City Contractor mobilizing to the site, for the purpose of documenting pre-existing site conditions. These shall be delivered to the City in digital form as part of the final project files. 2.4 Review Plans and Specs: KPG Psomas staff shall familiarize themselves with all plans, specs, and City standards that will be incorporated into this project, in order to familiarize themselves with project limits, elements of work to be performed, measurement and payment, and other project - specific considerations, prior to the first working day. 2.5 Prepare Hard and Electronic Files: The Consultant will prepare all electronic and hard copy files in preparation for the project. SharePoint will not be utilized on this contract. 2.6 Prepare Record of Materials (ROM): Consultant shall modify WSDOT-provided ROM, to align with LAG manual exceptions and to improve ease of use by all project parties. In the absence of a WSDOT-provided ROM, KPG Psomas can generate a ROM from scratch, however creation of a complete project ROM is outside the scope of the current budget and may require a supplement. 2.7 Preconstruction Conference: KPG Psomas will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices or via an on-line platform of the City's choice. The Consultant's team will attend the preconstruction conference. Pertinent City staff and private utilities will also be present at this meeting. KPG Psomas will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Preconstruction conference, the Consultant shall help facilitate discussions with the Contractor concerning the plans, specifications, schedules, pay estimate timelines and cutoff dates, issues with utilities, any unusual conditions, State and local requirements and any other items that will result in better project understanding among the parties involved. 2.8 Prepare Templates: KPG Psomas will pre -populate all electronic forms, either Consultant or City provided, in preparation for contract administration. This includes pay estimate templates, weekly working days statements, inspector daily reports, change management tracking templates, etc. 2.9 Utility Coordination: Consultant will assist with external and internal communications regarding utility coordination required for successful completion of the project, including utility relocations, required service interruptions, etc. Deliverables: • Bid Tab Analysis • Recommendation of Award City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 3 of 9 KPG Psomas Supplement #2 September 9, 2024 98 EXHIBIT A-2 • Preconstruction conference meeting minutes • Hard and Electronic Copies of Plans and Specs • Pre -construction Photos • ROM TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 Construction Observation: The Consultant will provide one (1) inspector during construction activities and other tasks necessary to monitor the progress of the work. The Inspector will ensure that the daily inspection reports and working days reporting are completed in a timely manner and contain sufficient information to assess whether the work is being conducted in compliance with the Contract Documents per City, WSDOT,. Consultant will make IDR's available to the City by Friday of the same work week upon request. The Inspector may perform the following duties as a matter of his daily activities: i. Observe technical conduct of the construction, including providing day-to-day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1-05.1 and 1-05.2 of the WSDOT Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non -conforming work observed. iii. Document all material delivered to the job site in accordance with the Contract Documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. v. Interpret Contract Documents in coordination with the City, Contractor, and KPG Psomas. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. vii. Support the Contractor's communication and responsibilities to answer questions from property owners and the general public as needed. viii. Monitor compliance of approved permits per the project specifications, if applicable. ix. Prepare field records and documents to ensure the Project is administered in accordance with the plans and specifications. x. Collect and calculate delivery tickets and scaleman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10- 2). xi. Attend and actively participate in regular on -site weekly construction meetings. xii. Take digital photographs during the course of construction, and record locations. City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 4 of 9 KPG Psomas Supplement #2 September 9, 2024 99 EXHIBIT A-2 Assumptions: • Consultant will provide observation services for the days/hours that the contractor's personnel are on -site. • Assumption is Client's Contractor shall work normal 40-hour work weeks. For this project the "normal" work week may occur at night. KPG Psomas does not differentiate day shift from night shift. However, if the City's Contractor works a double shift (both day and night) within a single 24-hour period this will constitute two working days. Consultant's hours for inspection are based on one shift for number of working days allowed per Contract. • Assumption is if Contractor is working at multiple sites within the City of Tukwila, the Consultant will split their time at the multiple locations and prioritize what location to be at for observation. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether they are performing the work in accordance with the Contract Documents; in case of noncompliance, Consultant will reject non -conforming work, and pursue the other remedies in the interests of the client, as detailed in the Contract Documents. • Night work is not anticipated for this project. 3.2 Weekly Construction Meetings: The inspector shall attend weekly construction meetings, onsite or virtually. Deliverables: • Daily Construction Reports with project photos. • Field Note Records for all field -measurable pay items. • Review material test reports for compliance. TASK 4 — CONSTRUCTION SERVICES — OFFICE 4.1 Construction Management Office Support: Original documentation will be housed at the Consultant's office and filed in accordance with standard filing protocol. Document Control will consist of the following: a. Project Coordination: Liaison with City, construction Contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. b. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and/or budget changes. c. Submittals: Consultant shall take lead on submittal reviews/ approvals. Consultant shall coordinate review process for shop drawings, samples, traffic control plans, test reports, City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 5 of 9 KPG Psomas Supplement #2 September 9, 2024 100 EXHIBIT A-2 and other submittals from the Contractor for compliance with the contract documents. Submittals shall be logged and tracked by Consultant. d. Requests for Information (RFI): Consultant shall review and respond to RFI' s. RFI' s shall be logged and tracked by Consultant. e. Weekly Meetings: Consultant will lead weekly meetings. Consultant will prepare agenda for City review and distribute meeting minutes to attendees. Outstanding issues to be tracked on a weekly basis. Weekly Statement of Working Days will be reviewed/accepted by Contractor during the Weekly Meeting. f. Change Orders: The Consultant will develop change orders and the Consultant will provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. The City will approve all change orders before being fully executed. Each change order will be executed in accordance with WSDOT Standard Specifications. g• Field Work Directives: The Consultant will prepare field work directives as necessary to keep the Contractor on schedule. h. Force Account: The Consultant will track Contractor force account labor, equipment and materials. All force account calculations will be verified by the City and double checked by the Consultant. The City shall have final authority to approve any Force Account work prior to agreement with the Contractor. J. Schedule Review: Consultant shall perform review of initial Contractor provided CPM for conformance with the Contract Documents. Any discrepancies, conflicts or unreasonable work durations will be brought to the attention of the Contactor and City. Consultant will provide one (1) intermediate review of Contractor's updated schedule and compare with field -observed progress and duration of the project. Lump Sum Breakdown: Consultant shall evaluate construction Contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated. k. Monthly Pay Requests: Consultant shall prepare monthly requests for Contractor payment based on field note records prepared by Consultant field inspector in accordance with contract documents. 1. Weekly Statement of Working Days: Consultant shall prepare, and issue weekly statement of working day report each week to the Contractor and City for review and approval. Weekly statement of working days will be based on field inspection reports provided by Consultant. m. Subcontractor Documentation: Process / approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 6 of 9 KPG Psomas Supplement #2 September 9, 2024 101 EXHIBIT A-2 System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid. All subcontractor documentation will be logged into KPG Psomas's subcontractor logs. 4.2 Construction Management Field Paperwork: Consultant shall review and assist with processing of field paperwork from the Inspector and Contractor for tracking and documentation. 4.3 Utility Coordination: The Consultant will facilitate ongoing communications and coordination between the Contractor and City and/or Franchise utilities who may have infrastructure within the project limits. The primary point of contact per Contractor requirements will be the Contractor and Franchise Utility, however Consultant shall support this. This includes JUT conversions, relocations due to foreseen or unforeseen conflicts, scheduled outages for tie-ins, etc. 4.4 Department of Ecology (DOE) Grant Requirements: The Consultant shall prepare, and issue to the City for submittal to the Depai liuent of Ecology (DOE) the Construction Management and Construction Scope of Work within the Grant Agreement. The expected deliverables are noted below. The City will be responsible to upload deliverables to EAGL and notify Ecology with upload is complete. 4.5 Certified Payroll: The Consultant will process and check the Contractor and Subcontractor's certified payroll per State Prevailing Wage Requirements. Tracking of payroll shall consist of recording each payroll received from the Prime and Subcontractors and checking pay rates against Contract requirements. Any discrepancies will be brought to the Contractor and City. Deliverables: • Approved Submittals and Submittal log • Responded RFIs and RFI Log • Weekly Meeting minutes • Fully -executed Change Orders and Field Work Directives, with Change Management Log • Force Account Documentation and Tracking Log • Fully -executed Monthly Progress Payments • Subcontractor Packets • Weekly Statements of Working Days • Certified Payroll Tracking Log (hard copy binder not included) • Contractor -generated As-builts, if required by Contract All other project documentation generated during the course of project construction duration. Task 4.5 Specific Anticipated DOE Deliverables: City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 7 of 9 KPG Psomas Supplement #2 September 9, 2024 102 EXHIBIT A-2 • Construction Quality Assurance Plan • Pre -Construction Meeting Minutes • Project Schedule • Revised cash flow estimates when changes in construction schedule occur • Change Orders • Final Facility Operation and Maintenance Plan • Stormwater Construction Completion Form • Project Area Shapefile, Geodatabase file, or ECOLOGY approved Equivalent. The project area will include features for treatment facilities and contributing areas. • Construction progress reports and photos included in the progress reports. • Completed equivalent new/redevelopment area determination. TASK 5 — PROJECT CLOSEOUT 5.1 Closeout Office Support: Consultant shall assist with generation of closeout documentation and pursuit of successful project final completion, as detailed below: a. Substantial Completion Letter: Following full and unrestricted use of the project status being obtained by the Contractor and agreed to by the City, Consultant shall draft Substantial Completion Letter on City letterhead, for issuance to Contractor. b. Physical Completion Letter: Following completion of all punch list work verified by the Consultant and any stakeholders required the Consultant shall prepare physical completion letter to the Contractor and the City shall issue the final contract voucher. c. Final Pay Estimate: Consultant shall prepare final payment estimate, along with any final quantity adjustments needed to existing bid items, for issuance to Contractor, in conjunction with the final contract voucher, issued by the City. 5.2 Closeout Inspection and Punchlist: Consultant shall assist in a punchlist walkthrough with Contractor, City staff, and any other necessary agencies for the purposes of developing a final project punchlist. The Consultant shall assemble walkthrough comments and provide the preliminary list to the City for concurrence, prior to issuing the list to the Contractor. On notification of completion of the punchlist, Consultant shall perform a final walkthrough to confirm satisfactory completion of all items on the list and shall note any remaining discrepancies. Subsequent project walkthroughs are beyond the scope of this agreement, but will be accommodated should the request be made by the City, and sufficient remaining budget allows. 5.3 Certified Payroll Closeout: Consultant shall attempt to ensure that all certified payrolls and affidavits of wages paid are current and complete at the time of project physical completion. This City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 8 of 9 KPG Psomas Supplement #2 September 9, 2024 103 EXHIBIT A-2 will include regular checks of the L&I portal and frequent reminders to the Contractor to provide any missing information in a timely manner. As the task of gathering the final documentation from Contractors and their Subcontractors can sometimes be an extended process, outside the control of the City or Consultant, after 8 weeks post -physical completion, the Consultant shall perform a final status update of the CP tracking log, along with memos to file of any missing documentation, and shall hand off the remaining verification process to the Client. 5.4 Prepare Documentation to Deliver to City: Consultant shall perform QA/QC on all project documentation deliverables as outlined in Task 4.1, as well as any documentation generated in the course of completion of Task 5, and shall transfer all project documents to the City for permanent storage. • Substantial Completion Letter • Physical Completion Letter • Final Payment Invoice • Project Punchlist • Final Project Documents TASK 6 — SUBCONSULTANTS 6.1 Material Testing: HWA Material Testing will be retained as KPG Psomas's subconsultant to provide material testing and construction observation services. All testing will be done in accordance with LAG Manual and WSDOT Construction Manual, or at a desired reduced frequency as -directed by City project manager. The inspector shall coordinate with the Contractor and the material testing firm to schedule testing of materials in the field to ensure they meet specifications per contract requirements. 6.2 Prepare Subconsultant Invoicing: KPG Psomas will complete administrative services for Subcontractor contract and invoicing. ADDITIONAL SERVICES Management Reserve: Additional services requested by the City will be performed only when authorized by the City. Authorization to perform additional services will be in writing, specifying the work to be performed, and basis of payment. Items such as Community Outreach (except as completed on a day-to- day basis by the inspector and resident engineer as described in task 4.1 — vii), Public Meetings, Ribbon Cutting Ceremony, claims analysis, surveying, services during shutdown periods of non -working days, and services for extended working days are examples of possible additional services. This fee is based 45 working day contract, with 10 additional reduced -effort days for startup and 15 additional reduced -effort days for closeout, for a total of 70 days / 14 weeks, 8-hour days, additional extension of days will be approximately $1,080.00 per day for one person. (8 hours x $135.00 = $1,080.00) City of Tukwila Stormwater Outfall Water Quality Retrofit Project Construction Management Services Page 9 of 9 KPG Psomas Supplement #2 September 9, 2024 104 KPQ PSOMAS EXHIBIT B-3 PRIME CONSULTANT DESIGN COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila Water Quality Retrofit 9TUK010300 9/8/2024 v2 Task No. Task Description I Labor Hour Estimate Total Hours and Labor Cost Computions by Task Principal Engineering Manager I Engineering Manager II Asst. Engineering Manager Senior Engineer I Senior Engineer II Project Engineer I Project Engineer II Design Engineer I Design Engineer II Design Engineer III Senior Project Manager Survey Survey Crew I (W/Equip) Survey Crew II (W/Equip) Project Surveyor I Project Surveyor II Project Landscape Architect I Project Landscape Architect II Environmental Manager Managing Biologist Construction Manager CAD Manager Senior CAD Technician CAD Technician Business Manager Senior Admin Office Admin Office Assistant $292.00 $228.00 $264.00 $217.00 $195.00 $207.00 $167.00 $189.00 $134.00 $140.00 $152.00 $252.00 $214.00 $272.00 $155.00 $173.00 $157.00 $167.00 $228.00 $183.00 $198.00 $181.00 $140.00 $125.00 $178.00 $140.00 $111.00 $99.00 Hours Totals Task 1 - Management/Coordination/Administration 1.1 Project Management & Administrative Services 2 6 6 12 4 30 $ 4,796.00 1.2 City Staff Coordination 12 12 $ 2,340.00 1.3 QA/QC reviews 4 6 10 $ 2,056.00 Task Total 0 0 0 6 18 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 6 12 4 0 52 $ 9,192.00 Task 2 - Permitting 2.1 SEPA and Shoreline Coordination 8 4 4 8 24 $ 4,604.00 2.2 Cultural Resources Monitoring Plan 4 4 4 12 $ 2,424.00 Task Total 0 0 0 0 12 0 4 0 0 0 0 0 0 0 0 0 0 0 8 12 0 0 0 0 0 0 0 0 36 $ 7,028.00 Task 3 - Final Design 3.1 Supplemental Field Survey & CADD Mapping 2 2 10 10 24 $ 5,078.00 3.2 Prepare 90% Plans and Estimate 8 8 16 24 80 34 8 8 186 $ 33,144.00 3.3 Prepare 100% PS&E 4 8 24 24 24 4 8 96 $ 16,408.00 3.4 Response to Ecology 100% PS&E Comments 2 2 4 6 6 20 $ 3,538.00 3.5 Prepare new/development area determinations 2 2 10 14 $ 2,714.00 3.6 Prepare Project Area Shape Files 8 4 12 $ 2,072.00 3.7 Utility Coordination 6 8 16 30 $ 4,938.00 3.8 Prepare PS&E Bid Documents 2 8 8 8 16 42 $ 7,274.00 Task Total 0 0 0 1 18 34 16 1 68 136 0 0 98 2 0 10 10 0 0 4 0 0 0 0 20 0 0 8 0 0 424 $ 75,166.00 Task 4 - Construction Bidding Support 4.1 Assist Project Advertisement 2 4 4 4 14 $ 2,410.00 4.2 Prepare Addenda (Assume 2) 2 6 8 $ 1,392.00 4.3 Prepare Conformed Documents 2 4 6 $ 1,058.00 Task Total 0 0 0 0 6 0 14 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 4 0 0 28 $ 4,860.00 Total Labor Hours and Fee 0 0 0 24 70 16 86 136 0 0 98 2 0 10 10 0 0 4 8 12 10 0 20 0 6 24 4 0 540 $ 96,246.00 Subconsultants Task 2.2 - Cultural Resources CRC $ 25,000.00 Subtotal $ 25,000.00 Total Subconsultant Expense $ 25,000.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 150.00 Survey Utility Locates $ 2,000.00 Pothole Locates $ 10,000.00 Reproduction Allowance $ 100.00 Total Reimbursable Expense $ 12,250.00 Management Reserve $ 10,000.00 Total Estimated Budget $ 143,496.00 O IC PiC4 Q) P 5 O M A 5 EXHIBIT B-4 PRIME CONSULTANT CONSTRUCTION MANAGEMENT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: 45 working days + 2 week startup and 3 weeks closeout Date: City of Tukwila Water Quality Retrofit 9TUK010300 9/8/2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computations by Task To c Senior Engineer I Project Engineer II Senior Construction Manager Construction Manager Senior Resident Engineer Resident Engineer Assistant Resident Engineer Senior Construction Observer Construction Observer II Construction Observer III Document Control Specialist II Document Control Specialist III Document Control Admin Senior Admin Office Admin 292 195 189 246 198 189 155 137 192 131 143 136 147 104 140 111 Hours Totals Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 Project Management and Administrative Services 8 4 12 $ 2,412.00 1.2 Prepare, review and submit monthly expenditures 4 4 8 $ 1,428.00 Task Total 0 0 0 12 0 0 0 0 0 0 0 0 0 0 0 8 20 $ 3,840.00 Task 2 - Administrative Services up to Contractor Notice to Proceed (NTP) 2 Weeks 2.1 Assist City with Award Process 4 10 14 $ 2,152.00 2.2 Administrative Services up to Contractor Notice to Proceed 8 5 13 $ 2,192.00 2.3 PreCon Photos 4 4 $ 524.00 2.4 Review Plans and Specs 4 8 4 16 $ 2,348.00 2.5 Prepare Hard and Electronic Files 4 2 6 $ 1,028.00 2.6 Prepare ROM 8 10 18 $ 2,872.00 2.7 Prepare PreCon Agenda 4 4 8 $ 1,300.00 2.8 Prepare Templates 4 4 $ 544.00 2.9 Utility Coordination 2 2 4 $ 650.00 Task Total 0 0 0 0 0 30 0 0 0 12 0 31 0 0 0 0 87 $ 13,610.00 Task 3 - Provide Field Inspection for Each of the Project's Working Days (9 Weeks) 3.1 Construction Inspection 396 396 $ 51,876.00 3.2 Weekly Construction Meetings 10 10 $ 1,310.00 Task Total 0 0 0 0 0 0 0 0 0 406 0 0 0 0 0 0 406 $ 53,186.00 Task 4 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. (9 Weeks) 4.1 Construction Management Office Support 20 88 140 36 284 $ 42,616.00 4.2 Construction Management Field Paperwork 32 60 92 $ 13,908.00 4.3 Utility Coordination 8 8 30 4 8 58 $ 10,354.00 4.4 DOE Grant Requirements 8 8 8 16 16 56 $ 9,776.00 4.5 Certified Payroll 36 36 $ 3,744.00 Task Total 0 36 16 0 8 166 0 0 0 220 0 8 0 72 0 0 526 $ 80,398.00 Task 5 - Project Closeout (3 Weeks) 5.1 Construction Management Office Support 24 24 48 $ 7,800.00 5.2 Construction Management Field Paperwork/Inspection 8 8 $ 1,048.00 5.3 Certified Payroll Closeout 16 16 $ 1,664.00 5.4 Prepare Documentation to Deliver to City 30 30 $ 4,080.00 Task Total 0 0 0 0 0 24 0 0 0 8 0 54 0 16 0 0 102 $ 14,592.00 Task 6 - Subconsultant Materials Testing 6.1 Subcontract with Material Tester 2 9 11 $ 1,575.00 6.2 Prepare Invoices and Billings for Subcontractor 2 2 4 $ 676.00 Task Total 0 0 0 0 4 0 0 0 0 9 0 0 0 0 2 0 15 $ 2,251.00 Total Labor Hours and Fee 0 7,020 3,024 2,952 2,376 41,580 0 0 0 85,805 0 12,648 0 9,152 280 888 1,156 $ 167,877.00 Subconsultants Material Testing $ 5,500.00 Subtotal $ 5,500.00 Total Subconsultant Expense $ 5,500.00 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 1,000.00 Reproduction Allowance $ - Total Reimbursable Expense $ 1,000.00 Management Reserve $ 5,000.00 Total Estimated Budget $ 179,377.00 14i DEPARTMENT OF ECOLOGY State of Washington WASHINGTON STATE DEPARTMENT OF ECOLOGY WATER QUALITY COMBINED FUNDING INSERT FOR ALL SERVICES FOR STATE -FUNDED PROJECTS The following clauses are suggested to be incorporated into contracts for all services receiving state financial assistance from the Washington State Depaitiiient of Ecology's Water Quality Combined Funding Program. Compliance with State and Local Laws The services provider (CONTRACTOR) shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances as they pertain to the project. State Interest Exclusion Partial funding of this project is being provided through the Washington State Department of Ecology. Neither the State of Washington nor any of its departments or employees are, or shall be, a party to this contract or any subcontract. Third Party Beneficiary Partial funding of this project is being provided through the Washington State Department of Ecology. All parties agree that the State of Washington shall be, and is hereby, named as an express third -party beneficiary of this contract, with full rights as such. Cost Basis of Contract No contract may be written for "cost -plus -a -percentage -of -cost" or "percentage of construction cost." The cost basis for this contract must be cost -reimbursement, unit price, fixed -price, time and materials, or any combination of these four methods. Funding Recognition Documents produced under this agreement shall inform the public that the project received financial assistance from the Washington State Department of Ecology. The Washington State Department of Ecology's logo must be on all signs and documents. Logos will be provided as needed. Accessibility Public -facing documents produced under this agreement shall be accessible to the RECIPIENT's best ability. This recommendation applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. Revised 09/2022 1 107 Access To the Work Site and To Records The CONTRACTOR shall provide for access to their records by Washington State Department of Ecology personnel. The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all subcontractors maintain auditable records. These records shall be separate and distinct from the CONTRACTOR's other records and accounts. All such records shall be available to the Owner and to Washington State Department of Ecology for examination. All records pertinent to this project shall be retained by the CONTRACTOR for a period of three years after the final audit. Funding Provision Partial funding of this project is being provided through the Washington State Department of Ecology. In the event that Ecology's funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, the contract may be amended. Copyright to Documents The Department of Ecology retains a copyright to any documents produced and data collected under this agreement. The Department retains a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the data or documents. The Department can authorize others to use the data or documents for federal, state, or local government purposes. Revised 09/2022 2 108 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September 23, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Joshua Hopkins, Catrien de Boer I. BUSINESS AGENDA A. Grant Award: Stormwater Outfall Water Quality Retrofit Project Staff is seeking approval to accept grant funding from the Washington State Department of Ecology in the amount of $1,805,745 to fund final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda B. Contract Amendment: Stormwater Quality Retrofit Program Staff is seeking approval of an amendment to Contract 22-134 with KPG Psomas, Inc. in the amount of $322,873 for design and construction management of the program. * Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda C. Contract Amendment: 2023 Annual Small Drainage Program Staff is seeking approval of an amendment to Contract 23-089 with KPG Psomas, Inc. in the amount of $63,207.50 for additional permitting services. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda D. Contract Amendment: Gilliam Creek Fish Barrier Removal and Habitat Enhancement Staff is seeking approval of an amendment to Contract 24-093 with Otak, Inc. in the amount of $138,270 for additional design and engineering services on the project. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda The meeting adjourned at 5:51 p.m. Con4mittee Chair Approval Minutes by LH 109 110 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 JR ITEM INFORMATION ITEM NO. 4.H. STAFF SPONSOR: JOSH HOPKINS ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Surface Water Fund — 2023 Annual Small Drainage Program Contract, 23-089, Amendment No. 2 CATEGORY ❑ Discussion Mtg Date /1 Motion Date 10/07/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor ❑HR ❑DCD Finance ❑Fire TS ❑P&R ❑Police AI PW ❑Court SPONSORS Amendment No. 2 will provide additional permitting services and address overruns incurred SUMMARY for alternative analysis and additional fee to prepare an In -Lieu Fee (ILF) Application to King County's program. This fee will be used from the Construction Management and Construction budget. Council is being asked to approve Amendment No. 2 with KPG Psomas, Inc. for additional permitting services in the amount of $63,207.50 for the 2023 Small Drainage Program. REVIEWED BY /1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ARMEN PAPYAN ❑ LTAC DATE: 09/23/24 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $63,207.50 $.00 $0.00 Fund Source: SURFACE WATER Comments: CIP 2023-28, Pg. 76 MTG. DATE RECORD OF COUNCIL ACTION 10/07/24 MTG. DATE ATTACHMENTS 10/07/24 Informational Memorandum dated 09/20/24 CIP 2023-28, Pg. 76 9TUK010600 Amend 2 signed.pdf Minutes from Transportation and Infrastructure Committee meeting of 09/23/24 111 112 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Public Works Director BY: Joshua Hopkins, Surface Water Project Manger CC: Mayor Thomas McLeod DATE: September 20, 2024 SUBJECT: Surface Water Fund — 2023 Annual Small Drainage Program Project No. 82341201 Contract, 23-089, Amendment No. 2 ISSUE Approve Amendment No. 2 to Contract 23-089 with KPG Psomas Inc. to provide additional permitting services for the 2023 Annual Small Drainage Program in the amount of $63,207.50. BACKGROUND The Annual Small Drainage Program addresses drainage -related problems identified through operation and maintenance activities as well as citizen complaints. The 2023 Annual Small Drainage Program developed plans to address localized shoreline erosion and corresponding impacts to the Green River Trail beneath the Tukwila International Boulevard Bridge. Repairing the trail in -place will require in -water fill in the Duwamish River and thus, is subject to mitigation requirements per Federal and State regulations. DISCUSSION Efforts to develop a compensatory mitigation plan to address environmental impacts exceeded planning estimates and requires additional effort. After a comprehensive evaluation of several potentially compatible mitigation solutions - at the request of regulators - City staff and the consultant team have selected purchasing habitat credit from the King County Chinook Wind Mitigation Reserves Program as the preferred mitigation option. This amendment addresses overruns incurred for alternative analysis and additional fee to prepare an In -Lieu Fee (ILF) Application to King County's program. Construction was expected to occur during the 2024 in -water work window, we are now planning for the 2025 in -water work window. Amendment No. 1 was a time extension. FINANCIAL IMPACT KPG Psomas' proposed fee for additional permitting services is $63,207.50. The 2023 Small Drainage Design, Construction Management and Construction budget is $900,000. KPG Design Contract Amendment No 1. Amendment No. 2. Total: Consultant Fee $99,785.00 $0.00 $63,207.50 $162,992.50 2023 Budget $100,000.00 $0.00 $800,000.00 $900,000.00 Notes Design Budget No Cost CM &Const. Budget RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 23-089 with KPG Psomas, Inc. for additional permitting services in the amount of $63,207.50 for the 2023 Small Drainage Program and to consider this item on the Consent Agenda at the October 7, 2024, Regular Council Meeting. Attachments: CIP '23-'28. Pg. 76 9TUK010600 Amend 2 signed 113 114 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Annual Small Drainage Program Project No. 80041201 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 97 100 100 100 110 110 110 110 80 917 Const. Mgmt. 136 99 100 100 110 110 110 110 80 955 Construction 638 603 700 700 750 750 750 750 513 6,154 TOTAL EXPENSES 871 802 900 900 970 970 970 970 673 8,026 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 806 802 900 900 970 970 970 970 673 7,961 TOTAL SOURCES 871 802 900 900 970 970 970 970 673 8,026 2023 - 2028 Capital Improvement Program ® accner- saa M 76 115 116 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:23-089(b) CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and KPG Psomas, Inc. That portion of Contract No. 23-089 between the City of Tukwila and KPG Psomas, Inc. for the project titled 2023 Annual Small Drainage Program — Design Services is hereby amended as follows: Section 2, Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the additional contract scope of services as described in Exhibits A- 2 and A-3, attached. Section 3: Duration of Agreement; Time for Performance: Section 3 is hereby amended to read as follows: 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: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibits "B" provided that the total amount of payment to the Consultant for that work shall not exceed $99, 785.00 without express written modification of the Agreement signed by the City. Payment for the work provided by the Consultant shall be made as provided on Exhibit B-2 and B-3 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $135,077.50 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $234,862.50 without express written modifications of the Agreement signed by the City. CA Reviewed May 2020 Page 1 of 2 117 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:23-089(b) All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA day of , 20 Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONTRACTOR: By: Printed Name: Terry Wright Title: Vice President 1Q CA Reviewed May 2020 Page 2 of 2 EXHIBIT A-2 City of Tukwila 2023 Small Drainage Program City Project Number: 23-089 KPG Psomas, Inc. Project Number: 9TUK010600 Scope of Work September 10, 2024 Supplement #2 Purpose This Supplement scope will also include continued design and permitting coordination services for the City of Tukwila Green River Trail repair at Tukwila International Blvd underpass through December 31, 2025. The project is currently in Mitigation Development phase and the use of King County In -Lieu Fee (ILF) mitigation credits from the Chinook Wind Mitigation Site has been identified as the preferred mitigation path to offset impacts associated with the trail scour repair project. The Consultant shall support the City and Subconsultant in the preparation of the ILF with support graphics, meetings with stakeholders, and permit reviewer comments. In addition, this scope incudes additional unforeseen mitigation coordination already completed, as well as coordination anticipated during preparation, submittal, and review of permit applications, including local (City) permitting that will be needed for the project approval before construction can take place. The specific tasks to be performed as part of this Supplement #2 scope of work include: General Assumptions: • No change in scope to Task 2 and Task 3 Task 1 Project Management/Coordination/Administration 1.1 Provide overall project management (assume 12 months) including: • Project staff management and coordination • Subconsultant management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.2 Coordinate with City staff and Stakeholders: • Meeting with City staff to discuss preferred repair design (assume 8 EA — 1 hour meetings with 30 minute prep) • Meeting with Permitting Stakeholders (assume 8 EA — 1 hr meetings with 2 hour prep) 1.3 Provide QA / QC reviews by senior staff of deliverables prior to submittal to the City. This includes constructability review of subconsultant structural drawings. Task 1 Deliverables: • Monthly progress reports and invoicing City of Tukwila 2023 Small Drainage Program Page 1 of 2 Exhibit A-2 KPG Psomas Inc. September 10, 2024 Supplement #2 119 • Meeting agendas and minutes including a summary of decisions made / needed resulting from design coordination meetings. Task 4 Green River Trail Repair - Environmental Services (see attached for GeoEngineer's services) 4.1 Consultant shall prepare graphics and figures required for Permit Applications which now includes the ILF, review period, and local (City permits) in support for subconsultant permit application preparation. (Assume vicinity map, site map with OHW delineation and project limits, and quantity calculations). Management Reserve Included in this Contract's Management Reserve includes, but is not limited to: • Any additional services requested from the City to advance project through final design and construction. The above activities will require written authorization from City to access management reserve funds. Additional Services The City may require additional services of the Consultant in order to advance the project through final design and construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to survey, geotechnical investigation, design, permitting, environmental documentation and/or services during construction. These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila 2023 Small Drainage Program Page 2 of 2 Exhibit A-2 KPG Psomas Inc. September 10, 2024 Supplement #2 120 P PSOMAS EXHIBIT B-2 PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila 2023 Small Drainage Program 9TUK010600 9/10/2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computions by Task Principal Engineering Manager I Senior Engineer I Project Engineer I Project Engineer II Design Engineer I Design Engineer II Design Engineer III Senior Project Manager Survey Project Surveyor II Project Landscape Architect II Senior Construction Manager Construction Manager Senior Resident Engineer Senior CAD Technician CAD Technician Business Manager Senior Admin Office Admin Office Assistant $292.00 $228.00 $195.00 $167.00 $189.00 $134.00 $140.00 $152.00 $252.00 $173.00 $167.00 $246.00 $198.00 $189.00 $140.00 $125.00 $178.00 $140.00 $111.00 $99.00 Hours Totals Task 1 - Project Management/Coordination/Administration 1.1 Project Management 10 2 12 24 $ 3,562.00 1.2 Coordination with Staff and Stakeholders 36 36 $ 7,020.00 1.3 QA/QC Reviews 0 $ - 0 $ - Task Total 0 0 46 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12 0 60 $ 10,582.00 Task 2 - GRT Repair - Civil Design (No Change in Scope) 2.1 Review Data and Prepare basemap 0 $ - 2.2 30% Preliminary Plan and Cost Estimate 0 $ - 2.3 60%, 90%, and Bid Document PS&E 0 $ - Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - Task 3 - GRT Repair - Structural Design Services (No Change in Scope) 3.1 See Below Subconsultants 0 $ - Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - Task 4 - GRT Repair - Environmental Services 4.1 Graphic and Figure Permit Support 8 8 24 40 $ 6,432.00 See Below Subconsultants Fee 0 $ - 0 $ - 0 $ - Task Total 0 0 8 0 8 0 24 0 0 0 0 0 0 0 0 0 0 0 0 0 40 $ 6,432.00 Total Labor Hours and Fee 0 0 54 0 8 0 24 0 0 0 0 0 0 0 0 0 0 2 12 0 100 $ 17,014.00 Subconsultants Task 4- GeoEngineers $ 34,470.00 Subtotal $ 34,470.00 Administrative Charge (5%) $ 1,723.50 Total Subconsultant Expense $ 36,193.50 Reimbursable Direct Non -Salary Costs Mileage at current IRS rate Reproduction Allowance Total Reimbursable Expense $ - Management Reserve $ 10,000.00 Total Estimated Budget $ 63,207.50 122 Exhibit A-3 GEOENGINEERS 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 September 6, 2024 KPG Psomas, Inc. 3131 Elliot Avenue, Suite 400 Seattle, Washington 98121 Attention: Kelsey Anderson, PE Additional Services Agreement No. 2 Green River Trail at Tukwila International Boulevard Bank Erosion Repair File No. 0259-062-01 This confirms Additional Services Agreement (ASA) Number 2 between KPG Psomas, Inc. (KPG Psomas) and GeoEngineers, Inc. (GeoEngineers) for continued Mitigation Permitting Services for the City of Tukwila (City) Green River Trail at Tukwila International Boulevard Bank Erosion Repair Project located in Tukwila, Washington. The project is currently in Mitigation Development phase and the use of King County In -Lieu Fee (ILF) mitigation credits from the Chinook Wind Mitigation Site has been identified as the preferred mitigation path to offset impacts associated with the trail scour repair project. We have prepared this ASA to prepare an ILF Use Plan Report documenting use of the Chinook Wind ILF credits; accommodate additional mitigation coordination already completed as well as coordination anticipated during preparation, submittal and review of permit application materials; and include local (City) permitting that will be needed for project approval. Our scope, assumptions and fee estimate are included below. Scope of Services TASK 2 - STAKEHOLDER COORDINATION This task amends existing Task 2 that was previously authorized to add the following additional services: 1. Additional coordination with City and KPG Psomas previously completed during evaluation of mitigation alternatives, selection of a preferred mitigation alternative and preparation of associated documentation. 2. Additional coordination meetings with external stakeholders and fishery co -managers (Washington Department of Fish & Wildlife [WDFW] and Muckleshoot Indian Tribe Fisheries Department [MITFD]) previously completed to present mitigation alternatives and recommendations. 3. Anticipated coordination with the City, KPG Psomas, WDFW, MITFD, U.S. Army Corps of Engineers (USACE) and/or King County Mitigation Reserves Program during development of the ILF Use Plan, permitting documentation and permit application submittal/review processes. 4. Associated project management during the course of execution of the above services. 123 KPG Psomas, Inc. I September 6, 2024 Page 2 TASK 4 — PERMIT APPLICATIONS This task amends existing Task 4 that was previously authorized to add the following additional services: 1. Prepare an ILF Use Plan documenting use of the Chinook Wind ILF credits as mitigation for the proposed project. 2. Prepare a State Environmental Policy Act (SEPA) Checklist. 3. Prepare a Shoreline Narrative addressing compliance with the City Shoreline Master Program (SMP). 4. Act as authorized agent on behalf of the City for WDFW and USACE permits. This will include submittal of Hydraulic Project Approval (HPA) application through WDFW online portal and Section 10/404 Clean Water Act (CWA) permit application electronically to USACE. ASSUMPTIONS ■ Contract will be extended to December 2025. All services included in this amendment are anticipated to be completed within this timeframe and our estimates associated with anticipated coordination and general project management during execution of these services are based on this assumption. ■ We have accounted for up to 16 hours of anticipated coordination in this amendment. If the project timeline is extended or other unforeseen circumstances require additional coordination above and beyond this allocation, an amendment to this scope and fee estimate may be required. ■ The ILF Use Plan will be based roughly on the examples provided by King County. The ILF plan will be provided as a draft for KPG Psomas and City review and then finalized for submission to the USACE and Interagency Review Team (IRT). We have not currently budgeted for any further revision based on USACE or IRT review. ■ Figures to be included in the ILF Use Plan will be provided by KPG Psomas. ■ JARPA form and Biological Evaluation (BE) were included in previously contracted scope of services and will be used to submit applications to USACE and WDFW. ■ SEPA Checklist, JARPA form (included in original scope of services) and Shoreline Narrative will be provided to KPG Psomas and the City for City use completing internal permit applications. ■ A shoreline permit will be required and will also be used to document compliance with City critical areas regulations. A separate approval for critical areas is not anticipated. ■ Shoreline stabilization and public paths are permitted uses within the Urban Conservancy shoreline environment and within the shoreline buffer; shoreline stabilization is a permitted use within the Aquatic shoreline environment. The project will be approved as a Shoreline Substantial Development, if not exempt as normal maintenance and repair. A variance or conditional use permit will not be required. ■ The ILF Use Plan and purchase of ILF program credits will be sufficient mitigation and documentation to meet all agency requirements, including the City for Shoreline permit; additional mitigation for shoreline approval is not anticipated or included. ■ A cultural resources survey and critical areas report are not included and will not be required by the USACE or the City. DELIVERABLES ■ ILF Use Plan (Draft and Final) ■ SEPA Checklist (Draft and Final) ■ Shoreline Narrative (Draft and Final) File No. 0259-062-01 124 GEOENGINEERQ KPG Psomas, Inc. I September 6, 2024 Page 3 ■ Complete application package submitted to USACE, including JARPA, BE and ILF Use Plan. ■ Complete application package submitted to WDFW through online portal, including JARPA information, BE, ILF Use Plan and design drawings (provided by KPG Psomas). The fee estimate for these services is presented below: FEE ESTIMATE Exhibit B-3 DESCRIPTION ESTIMATED FEES Task 2. Stakeholder Coordination Coordination during Mitigation Alternatives Evaluation $4,150 Anticipated future coordination $5,120 Task 4. Permit Applications ILF Use Plan $11,410 SEPA Checklist $4,240 Shoreline Narrative $6,400 Application Submittal/Authorized Agent $3,150 Amendment 2 Budget Total $34,470 Original Authorized Budget $37,400 Total Revised Budget $71,870 File No. 0259-062-01 GEOENGINEERQ 125 KPG Psomas, Inc. I September 6, 2024 Page 4 The professional services listed above will be provided in accordance with the terms in our existing contract for Project No. 9TUK010300, dated May 31, 2023. The fee for the additional services described above will be determined on a time -and -expense basis using our current Schedule of Charges, which is attached to this agreement for reference. Sincerely, GeoEngineers, Inc. Shawn M. Mahugh, PWS Senior Habitat Ecologist SMM:DBC:tIm Attachments: Schedule of Charges - GeoEngineers Standard 2024 One electronic copy submitted crIL David B. Conlin, MA, PWS Associate Ecologist Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc. and are intended solely for use by our client to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2024 by GeoEngineers, Inc. All rights reserved. File No. 0259-062-01 126 GEOENGINEERQ Page 1 of 2 Schedule of Charges - 2024 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are: PROFESSIONAL STAFF Staff 1 Scientist $ 146/hour Staff 1 Engineer $ 154/hour Staff 2 Scientist $ 167/hour Staff 2 Engineer $ 175/hour Staff 3 Scientist $ 191/hour Staff 3 Engineer $ 198/hour Project Scientist 1 $ 220/hour Project Engineer 1 $ 228/hour Project Scientist 2 $ 228/hour Project Engineer 2 $ 234/hour Senior Engineer/Scientist 1 $ 255/hour Senior Engineer/Scientist 2 $ 279/hour Associate $ 292/hour Principal $ 320/hour Senior Principal $ 340/hour TECHNICAL SUPPORT STAFF Administrator 1 $ 103/hour Administrator 2 $ 119/hour Administrator 3 $ 136/hour CAD Technician $ 132/hour CAD Designer $ 155/hour Senior CAD Designer $ 180/hour GIS Analyst $ 165/hour Senior GIS Analyst $ 180/hour GIS Coordinator $ 200/hour *Technician $ 114/hour *Senior Technician $ 136/hour *Lead Technician $ 146/hour Geotechnical Construction Specialist $ 191/hour Environmental Database Manager $ 226/hour Health and Safety Specialist $ 146/hour Health and Safety Manager $ 200/hour *Hours in excess of 8 hours in a day or 40 hours in a week will be charged at one and one-half times the hourly rates listed above. Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent providing expert services in disputes, mediation, arbitration and litigation will be billed at one and one-half times the above rates. Time spent in either local or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. A surcharge may be applied to night and weekend work. See proposal for details. Rates for data storage and web -based access will be provided on a project -specific basis. Associated Project Costs (APC) Associated Project Costs (APC) equal to six percent (6%) of professional fees will be assessed. This fee allows GeoEngineers to invest in the necessary infrastructure to ensure we provide our clients with the latest technological and data security standards. The investments include maintaining and advancing technical tools and platforms across all aspects of our business, and strengthening our defenses against cyber threats to ensure data remains secure. These costs are not included in our hourly rates or direct expenses. Schedule_GeoEngineers Standard-2024 GEOENGINEERS 127 Page 2 of 2 EQUIPMENT Air Quality Equipment, per Day $ 210.00 Air Sparging Field Test, per Day $ 110.00 Air/Vapor Monitoring Equipment (PID, 5-Gas Meter), per Day $ 110.00 Asbestos Sample Kit, Each $ 30.00 Blastmate, per Day $ 120.00 D&M Sampler, per Day $ 150.00 DO (Dissolved Oxygen) Kit, Each $ 25.00 Dynamic Cone Penetrometer, per Day $ 45.00 E-Tape (Electric Tape), per Day $ 35.00 Electric Density Gauge, per Day $ 110.00 Electric Density Gauge, per Week $ 430.00 Electric Density Gauge, per Month $ 1,400.00 Environmental Exploration Equipment, per Day $ 225.00 Field Data Acquisition Equipment (Field Tablet), per Day $ 55.00 Field Tablet, per Week $ 200.00 Field Tablet, per Month $ 750.00 Field Tablet with Cellular, per Day $ 75.00 Field Tablet with Cellular, per Week $ 300.00 Field Tablet with Cellular, per Month $ 1,000.00 Field Gear/ Reconnaissance, per Day $ 55.00 Gas Detection Meters, per Day $ 105.00 Generator, per Day $ 110.00 Groundwater Pressure Transducer w/ Datalogger, per Day $ 55.00 Groundwater Pressure Transducer w/ Datalogger, per Week $ 220.00 Hand Auger, per Day $ 100.00 Inclinometer Probe, per Day, 1 Day minimum $ 210.00 Interface Probe, per Day $ 65.00 Iron Test Kit, Each $ 25.00 Laser Level, per Day $ 60.00 Low Flow Groundwater Sampling Equipment, per Day $ 235.00 Multiparameter Water Quality Meter, per Day $ 85.00 Nuclear Density Gage, per Hour, 1/2 Day minimum $ 15.00 Peristaltic Pump, per Day $ 50.00 pH Probe,/Meter per Day $ 20.00 PID, FID or OVA, per Day $ 130.00 Rock/Slope Fall Protection/Rigging Equipment, per Day $ 700.00 Saximeter, per Day $ 60.00 Scuba Diving Gear, per Day/per Diver $ 700.00 Shallow Soil Exploration Equipment, per Day $ 60.00 Soil Field Screening Equipment, per Day $ 20.00 Soil Sample Kit, Each $ 20.00 Steam Flow Meter, per Day $ 20.00 Strain Gauge Readout Equipment, per Day $ 50.00 Surface Water Flow Meter, per Day, 1/2 day minimum $ 50.00 Surface Water Quality Monitoring Equipment, per Day $ 50.00 Turbidity Meter, per Day $ 50.00 Vehicle usage, per Mile, or $30/half-day, whichever is greater $ 0.65 Specialized and miscellaneous field equipment not listed above will be quoted on a project -specific basis. OTHER SERVICES, SUPPLIES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. All rates are subject to change upon notification. 128 Schedule_GeoEngineers Standard-2024 GEOENGI N EERS City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September 23, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Joshua Hopkins, Catrien de Boer I. BUSINESS AGENDA A. Grant Award: Stormwater Outfall Water Quality Retrofit Project Staff is seeking approval to accept grant funding from the Washington State Department of Ecology in the amount of $1,805,745 to fund final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda B. Contract Amendment: Stormwater Quality Retrofit Program Staff is seeking approval of an amendment to Contract 22-134 with KPG Psomas, Inc. in the amount of $322,873 for design and construction management of the program. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda C. Contract Amendment: 2023 Annual Small Drainage Program Staff is seeking approval of an amendment to Contract 23-089 with KPG Psomas, Inc. in the amount of $63,207.50 for additional permitting services. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda D. Contract Amendment: Gilliam Creek Fish Barrier Removal and Habitat Enhancement Staff is seeking approval of an amendment to Contract 24-093 with Otak, Inc. in the amount of $138,270 for additional design and engineering services on the project. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda The meeting adjourned at 5:51 p.m. Con4mittee Chair Approval Minutes by LH 129 130 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 JR ITEM INFORMATION ITEM No. 4.1. STAFF SPONSOR: JOSH HOPKINS ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE Gilliam Amendment Creek Fish Barrier Removal and Habitat Enhancement No. 1 Additional Design and Engineering Services - Contract No. 24-093 CATEGORY ❑ Discussion Mtg Date Motion Date 10/07/24 ❑ Resolution Mtg Date ❑ Ordinance Al Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council Mayor HR DCD Finance Fire ❑TS P&R Police 1 P1V ❑Court SPONSOR's The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project is a priority SUMMARY project that aims to restore fish passage, enhance habitat, and maintain/improve flood protection, maintenance and operations. This amendment will include nine tasks to further design development and support upcoming NOAA Grant application(s). Council is being asked to approve Amendment No. 1 with Otak for additional design and engineering services in the amount of $138,270.00. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ARMEN PAPYAN ❑ LTAC DATE: 09/23/24 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $138,270.00 $.00 $0.00 Fund Source: Comments: CIP 2023-28, Pg. 81 MTG. DATE RECORD OF COUNCIL ACTION 10/07/24 MTG. DATE ATTACHMENTS 10/07/24 Informational Memorandum dated 09/11/24 CIP 2023-28, Pg. 81 Contract 24-093 Amend #1 Minutes from Transportation and Infrastructure Committee meeting of 09/23/24 131 132 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Pete Mayer, Public Works Director Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod September 11, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105, Contract No. 24-093 Amendment No. 1 Additional Design and Engineering Services ISSUE Approve amendment No. 1 to Contract No. 24-093 with Otak, Inc. for additional design and engineering services in the amount of $138,270. BACKGROUND The Gilliam Creek Fish Barrier Removal and Habitat Enhancement project was established as a City CIP project in 2019. It is a priority project with the Water Resource Inventory (WRIA) 9 and the Salmon Recovery Fund Board. The goals of the project are to restore fish passage between Gilliam Creek and the Green River, enhance habitat, and maintain or improve flood protection, maintenance and operation of the tide gate system. ANALYSIS This contract amendment will include nine tasks to further design development and support upcoming National Oceanic and Atmospheric Administration (NOAA) Grant application(s). Tukwila used Otak's work product to apply for two NOAA grants ($19.7M/22.6M) in 2023, both were unsuccessful. NOAA provided Tukwila feedback to improve future applications. This project has a complex set of requirements in one of the more complex urban settings for fish passage with State 1-405, local arterial roads (66t" Ave S & Tukwila Pkwy) and the Federal 205-levee. The project is adapting to feedback, as well as recent damage to the upstream streambanks at the 66' culvert inlet FISCAL IMPACT Otak has provided a cost estimate not to exceed $138,270.00 to perform additional design and engineering services. Total grant funding for this project is $1,350,000.00. Otak Contract 22-068 (original) Otak Contract 23-191 * Otak Contract 24-093 24-093 Amendment No. 1 Grants Total: Consultant $330,622.00 ($39,500.00) $402,934.42 $138,270.00 $871,826.42 Budget $1,350,000.00 $1,350,000.00 * = Contract amount is the balance remaining in expired contract 22-068. RECOMMENDATION Council is being asked to approve Amendment No. 1 to Contract 24-093 with Otak for additional design and engineering services in the amount of $138,270.00 and to consider this item on the Consent Agenda at the October 7, 2024, Regular Council Meeting. Attachments: CIP 23-28, Pg 81, Contract 24-093 Amend #1 133 134 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Gilliam Creek Fish Barrier Removal Project No. 99830105 DESCRIPTION: Construct fish passage improvements at existing flap gate and restore salmonid habitat; replace flap gate which may include a self-regulating tide gate or flood wall. JUSTIFICATION: Enable fish access to lower Gilliam Creek under wider range of flow conditions; fish barrier per WDFW and City; WRIA 9 salmon habitat project. STATUS: Analysis of lower Gilliam Creek is being conducted in 2018 to determine the best solution for fish passage and to address potential flooding. MAINT. IMPACT: Likely a shift in maintenance commitments with potential elimination of flapgate maintenance. COMMENT: In 2020, SRFB listed as Project of Concern, WRIA pulling funding from this cycle; BA Fish Barrier Board - scored 63 of 94; outcomes yet to be determined; $100K allocated in CWM via WRIA 9. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 60 150 600 650 1,460 Land (R/W) 0 Monitoring 0 Const. Mgmt. 1,000 1000 Construction 7,500 7,500 TOTAL EXPENSES 60 150 600 650 8,500 - - 0 0 9,960 FUND SOURCES Awarded Grant 150 325 375 850 Proposed Grant 275 275 6,800 - 7,350 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 60 0 0 0 1700 - - 0 0 1,760 TOTAL SOURCES 60 150 600 650 8,500 - 0 0 0 9,960 Project Location 2023 - 2028 Capital Improvement Program ® ,M 81 135 136 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 24-093(a) CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Otak, Inc. That portion of Contract No. 24-093 between the City of Tukwila and Otak, Inc. for the Gilliam Creek Fish Barrier Removal and Habitat Enhancement project is hereby amended as follows: Section 2 Scope of Services: The following language shall be added to the end of the existing Section 2: In addition, work under this contract shall include reimbursement for services, direct expenses, and costs associated with the additional contract scope of services as described in Exhibit A-2 attached. Section 4 Payment: Section 4A is hereby amended to read as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibits "B- 1", provided that the total amount of payment to the Consultant for that work shall not exceed $402, 934.42 without express written modification of the Agreement signed by the City. Payment for the work provided by the Consultant shall be made as provided on Exhibit B-2 attached hereto, provided that the total amount of payment to the Consultant for that work shall not exceed $138,270.00 without express written modification of the Agreement signed by the City. The maximum amount payable under this contract as amended inclusive of all fees and other costs shall not exceed $541,204,42 without express written modifications of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 20 CA Reviewed May 2020 Page 1 of 2 137 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 24-093(a) ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: 138 CA Reviewed May 2020 Page 2 of 2 EXHIBIT A-2 SCOPE OF WORK DESIGN/ENGINEERING SERVICES City of Tukwila Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project OTAK Project No. 20610.003 September 2024 Amendment No. 1 Introduction and Background There are technical elements of the conceptual design alternatives that require further analysis to determine feasibility and assess existing culvert conditions and debris and maintenance issues. The Scope of Services for Amendment No. 1 is described in detail in the following sections. SCOPE AND BUDGET MODIFICATIONS 6.0 Alternatives Analysis Otak previously prepared a Draft Alternatives Analysis Report and the City provided the first round of comments. This task is amended to add the following work items: • Prepare Phase 1 Alternatives Analysis Report (draft & final). The Phase 1 draft report will address the first round of City comments that have already been received. This task will also include addressing a second round of City comments and incorporating into the Phase 1 final report. • The report outline remains the same but the content will be expanded to address the City's first round of comments including the following items: o Expand content in Executive Summary o Section 2 - Add table correlating each alternative to the WRIA 9 Habitat Goals o Section 7 - Add figure and expand table in Section 7 related to key elevations at project site for modeling o Section 8 — Expand and reorder content for more detailed description of solution elements that vary within each alternative such as confluence and upstream habitat, gate location, stream alignment, stream profile, gate location, and crossing length and width. Expand alternative descriptions and Comparison Matrix Table. o Section 10 — Expand content for Recommendations. o Section 11 — Expand content for next steps into narrative description. TASK 6.0 DELIVERABLES • Phase 1 Alternatives Analysis Report (Draft and Final, electronic PDF file format) Otak — Scope of Work 139 TASK 6.0 ASSUMPTIONS • City will provide one list of consolidated comments on the draft Phase 1 Alternatives Analysis Report. Comments will be addressed and incorporated into the final Phase 1 Alternatives Analysis Report. 6.3.1 Feasibility Study The task 6.3.1 assumptions are added as follows for clarification: TASK 6.3.1 ASSUMPTIONS • City will review outline and draft development, in particular the evaluation criteria. • City will provide one list of consolidated comments for the outline and draft. Comments will be addressed and incorporated. 10.2.1 Agency Meeting and Coordination This task scope is expanded to include up to two meetings with the City and Otak engineering and sciences staff to discuss NLAA and potential to engage NFMS and USFWS and obtain feedback from the agencies to address debrief comments from previous grant applications submitted by the City. NEW SCOPE TASKS 1.5 Schedule Preparation Otak will develop a schedule for contract 24-093 and Amendment No. 1. Otak, with input from the City, will prioritize tasks for early coordination with permitting agencies for erosion repair and production of supporting documentation for upcoming grant applications to be prepared by the City. Grant applications are anticipated to occur during Q3 and Q4, 2024 and integrate non -critical path tasks to be completed during Q3 and Q4 (2024) and Q1 and Q2 (2025). TASK 1.5 DELIVERABLES • Schedule for Contract 24-093 and Amendment 1 Tasks (electronic pdf) TASK 1.5 ASSUMPTIONS • City will provide one list of consolidated comments on the draft schedule. Comments will be addressed and incorporated into the final schedule. 6.4 Existing Culvert Technical Condition Assessment and Technology Compatibility Otak will utilize the following corrosion guidance documents to estimate the service life of the existing corrugated metal plate pipe: o WSDOT BDM Section 6.7 Corrosion of Steel Foundations and Buried Structures o CalTrans Corrosion Guidelines V3.2 o Manufacturer product data (i.e. Contech) The service life estimation will rely on geotechnical data for soil pH and the corrosivity properties of the Gilliam Creek and Green River draining within the culvert. The Gilliam Creek and the Green River water chemistry Otak — Scope of Work 140 properties will be based on analytical information from publicly available reports and the vegetation type and conditions at the site. If reports can be found with the water chemistry information, assumption will be made based on the known freshwater conditions at the site and factors that can be assigned within the corrosion guidance documents. Otak will consult with a testing provider to determine cost and methods to take core samples of the existing culvert and have the level of corrosion analyzed by a steel materials lab. If the City requests the testing to be performed, a request for authorization of Management Reserve funds will be made to cover the vendor expenses for testing. Otak will assess optional materials for coating or slip -lining of the existing culvert to extend the service life that are compatible with the proposed Alternative 1 flood gate retrofit and fish passage criteria. Criteria to be considered includes SRT/MTR actuator arm installation inside the culvert, aquatic organism compatibility, and abrasion. TASK 6.4 DELIVERABLES • Existing Culvert Condition Assessment and Technology Compatibility - narrative of findings for future Phase II Alternatives Analysis Report (Draft and Final, electronic pdf) TASK 6.4 ASSUMPTIONS • City will provide one list of consolidated comments on the draft narrative of findings for future Phase II Alternatives Analysis Report. Comments will be addressed and incorporated into the narrative. 6.5 Alt 1 Retrofit Option Feasibility Study - Integrating STR/MTR Otak will develop schematic design plans for Alternative 1 focusing on retrofitting the existing culvert with a side hinge self-regulating tide gate with muted tidal regulator (SRT MTR). The schematic design plans are estimated to include the following sheets: o Culvert Cross Section and Elevation (depicting MTR actuator integration) o Culvert Inlet Treatment Details integrating MTR float apparatus o Culvert Outlet Details for installing an SRT gate at the existing outlet concrete headwall and apron structure Otak will reach out to a regional manufacturer of side hinge self-regulating tide gate with muted tidal regulators (SRT MTR) to discuss constructability issues related to retrofitting the existing culvert with this technology including issues related to debris interrupting gate function, mitigating design approaches, and anticipated maintenance. A meeting with be conducted with the manufacturer representative, City staff, and Otak engineers including hydraulic and structural engineers. Details of a SRT MTR that can be incorporated into the schematic plans will be requested from the manufacturer. • This task is intended to understand the viability of retrofitting the existing culvert and address the following issues: • Compatibility of MTR actuator arm technology with a 208 LF length of culvert. • Compatibility of slip lining or CIPP technology with MTR actuator technology running inside/on the ceiling of the culvert. • Can the actuator arm be installed in a new, parallel conduit? • What is the risk of debris entanglement on MTR float system. • What is the risk of debris entanglement on the actuator arm if it runs through the culvert the existing culvert? • How much conveyance capacity is reduced with the actuator arm being installed inside the current Otak — Scope of Work 141 culvert? • What is the ability or lack of ability to prevent debris build up on MTR float system that would interfere with its function? • Can the MTR float system be placed downstream? Otak will prepare a narrative with the schematic plans documenting design criteria, design considerations, constructability issues, and maintenance issues. TASK 6.5 DELIVERABLES • Alternative 1 Schematic Design Plans (draft and final, electronic pdf) • Alternative 1 Schematic Design Narrative for future Phase II Alternatives Analysis Report (draft and final, electronic .docx format) TASK 6.5 ASSUMPTIONS • City will provide one list of consolidated comments on the draft plans and draft report Section. Comments will be addressed and incorporated into the final schematic design plans and final section for inclusion in the future Phase II Alt. Analysis. 6.6 Levee Setback Feasibility Assessment 6.6.1 Levee Setback South Extension Feasibility Assessment This task will assess the feasibility of excavating and setting back the levee face to the south of the project site and east of public parking. Otak will start by reviewing the agreement in place between the City and the property owner to the south for shared parking lot use. Otak will review LIDAR surface and Tukwila topographic basemap data and assess the potential extents of levee setback slopes or vertical walls that would be required to provide levy protection up to the current levy top height and the future projected levy raising height of approximately 5' additional height to provide flood protection during a 500-yr flood event. The conceptual setback extents will be shown and described on a GIS plan figure, an engineering cross section depicting existing conditions, 100-year and 500-year proposed elevations, and a narrative description of the improvements and constructability issues. The figures and narrative will be provided in a technical section to be added to the future Phase II Alternatives Analysis Report. TASK 6.6.1 DELIVERABLES • Plan and Cross section depicting the Green River, Green River Trail and Public Parking (draft and final, electronic pdf) • Narrative Description of levee setback solution element and constructability issues to be integrated into future Phase II Alternatives Analysis Report (draft and final, electronic .docx format) TASK 6.6.1 ASSUMPTIONS • City will provide one list of consolidated comments on the draft figures and narrative description. Comments will be addressed and incorporated into the final figures and final narrative. 6.7 Three Additional Alternative 3 Options E, F, &G (Optimize Alignment) Otak will develop three additional options for the Alternative 3 alignment (Optimized Alignment). The options will be labeled E, F, and G. Conceptual plans and cost estimate will be prepared for each new option in the same Otak — Scope of Work 142 format as the initial set of alternative figures and costs provided by Otak under a previous contract. The options will consist of the following crossing structures: (E) In -kind 9-Foot Dia. CMP (F) Upgraded 10-Foot width box culvert (F) Upgraded 15-foot width box culvert Each alternative will include corresponding inlet and outlet structures (head, apron and wing walls) and the figures will also demonstrate the channel section and streambed approaching the structures, and channel section and streambed through the crossing structure. The intent is to establish an alternate in -kind replacement option, comparable to the retrofit option, that the City would be responsible for, and two incremental upgrades to be considered for cost sharing with other parties to improve fish and debris passage. Otak will prepare a narrative description with the concept plan for each alternative documenting design criteria, design considerations, constructability issues, and maintenance issues. TASK 6.7 DELIVERABLES • Concept plans and cost estimates for each of the Alt 3 optional culverts (draft and final, electronic pdf) • Concept Design Narrative for each alternative for future Phase II Alternatives Analysis Report (draft and final, electronic .docx format) TASK 6.7 ASSUMPTIONS • City will provide one list of consolidated comments on the draft concept plans, cost estimates, and narratives. Comments will be addressed and incorporated into the final conceptual design plans, estimates, and narratives. 6.8 Preferred Alternative - Plan, Estimate, and Construction Schedule Otak will conduct review meetings with the City to compare the new Alt 3 options developed under Task 6.7. Through the meetings and review comments from the City, a preferred alternative will be selected for development of schematic plans, construction cost estimate, and construction schedule suitable for grant funding applications. The schematic plans will show proposed confluence habitat improvements for the preferred alternative and will incorporate the upstream habitat improvements being developed under a separate task. Cross -sections will be developed to show the grading for habitat enhancement upstream and downstream of the crossing structure. The schematic plans are anticipated to include the following sheet list developed in AutoCAD: The schematic design plans are estimated to include the following sheets developed in AutoCAD: o Overall Site Plan o Culvert Plan and profile o Site Cross -Section Details o Culvert Inlet and Outlet Details (Headwalls and retaining wall structures) o Habitat Landscaping and Large Woody Material Plan o Channel Section Details The cost estimate and construction schedule will be developed in the same format as the initial Alt 3 cost and schedule developed by Otak under a previous contract. TASK 6.8 DELIVERABLES • Preferred Alternative 3 Option Schematic Design Plans (draft and final, electronic pdf) • Preferred Alternative 3 Option Construction Cost Estimate (draft and final, electronic pdf) Otak — Scope of Work 143 • Preferred Alternative 3 Option Construction Schedule Estimate (draft and final, electronic pdf) TASK 6.8 ASSUMPTIONS • City will provide one list of consolidated comments on the draft plans, cost estimate and construction schedule. Comments will be addressed and incorporated into the final schematic design plans and final construction cost estimate and final construction schedule. 10.2.1.A Culvert Inlet Erosion Repair Preliminary Design and Permitting Memo Otak will prepare a Preliminary Design and Permitting Memo describing the need to repair scour protection measures around the inlet of the existing culvert to minimize impacts to the environment, infrastructure and O&M safety. The memo will also provide a summary of Tukwila's efforts to implement fish passage improvements at the confluence of Green River and Gilliam Creek, including work completed to date, secured grants, unsuccessful grant applications and debrief information, and the proposed pathway for implementing passage improvements. The memo will also describe the permitting nexus for federal and local agencies for the inlet erosion repair work and how those agencies will be engaged with future fish passage improvements if grant funding can be obtained. The memo will also include proposed habitat enhancement measures that are proposed to be installed with the erosion repair to compensate for impacts. This memo is intended to describe the necessary near -term erosion repair improvements and to provide documentation that the City can utilize in preliminary discussions with permitting agencies and working to obtain endorsements for the future fish passage improvements that will support funding applications. TASK 10.2.1.A DELIVERABLES • Preliminary Design and Permitting Memo (draft and final, electronic pdf) • Early coordination presentation slides for dissemination with memo and use during early coordination meeting and as print out during site visit under Task 10.2.1. (draft and final, electronic pdf) TASK 10.2.1.A ASSUMPTIONS • City will provide one list of consolidated comments on the draft memo. Comments will be addressed and incorporated into the final memo. • City will provide one list of consolidated comments on the draft presentation slide deck. Comments will be addressed and incorporated into final slide deck for early coordination. Otak — Scope of Work 144 Exhibit B-2 City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Fee Estimate - AMENDMENT NO. 1 Otak Project #020610.003 September 2024 WATER & NATURAL RESOURCES ENGINEERING ENVIRONME NTAL SCIENCES STRUCTURAL TRANSP & INFRASTRU PLANNING & CTURE LANDSCAPE ADMIN Otak in Task Description Sr. PIC/Sr. PM Civil Civil Engineer X Civil Engineer VII Engineering Designer IV Scientist VI Civil Engineer X Civil Engineer VI Civil Engineer X Landscape Architect IV Project Coord I Otak Total Hours Otak Budget by Sub -Task Total Budget By Task 1 Project Management and Coordination 1.5 Schedule Preparation 12 8 4 24 $5,064.00 $5,064.00 6.0 Alternatives Analysis • 6 24 70 16 6 6 128 $24,502.00 $24,502.00 6.4 (Existing Culvert Technical Condition Assessment and Technology Compatibility 2 10 20 16 6 8 62 $11,492.00 $11,492.00 6.5 Alt 1 Retrofit Option Feasiblity Study - Integrating STR/MTR 4 14 34 16 10 16 94 $17,958.00 $17,958.00 6.6 Levee Setback Feasibility Assessment 6.6.1 Levee Setback South Extension Feasibility 2 10 18 28 6 64 $11,318.00 $11,318.00 6.7 Three Additional Alt 3 Options E, F, & G (Optimize Alignment) 6 24 66 32 14 24 6 172 $32,570.00 $32,570.00 6 8 Preferred Alternative -Plan, Estimate, and Construction Schedule 4 18 36 24 8 14 6 12 122 $22,598.00 $22,598.00 10.2.1 Agency Meeting and Coordination 6 6 8 20 $4,140.00 $4,140.00 10.2.1.A Culvert Inlet Erosion Repair Preliminary Design and Permitting Memo 8 28 8 44 $8,628.00 $8,628.00 Total Hours 24 126 286 132 26 44 62 12 12 6 730 Current Billing Rate $344.00 $231.00 $183.00 $130.00 207.00 $231.00 $171.00 $231.00 $144.00 127.00 Total Labor Cost $8, 256.00 $29,106.00 $52, 338.00 $17,160.00 $5, 382.00 $10,164.00 $10, 602.00 $2, 772.00 $1, 728.00 $762.00 $138, 270.00 $138, 270.00 050 Direct Expenses Project Total $138,270.00 Notes: (1) Billing rates may vary based on the actual staff performing the work. 6`\PROJECT\20600\20610\08 Corporate\Contracts\Scoping\08_20610.003 Potential Amendment\GCFBR_Amend 1 LOE_Draft_2024_0911.xis Page 1 of 1 9/17/2024 146 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes September 23, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Joshua Hopkins, Catrien de Boer I. BUSINESS AGENDA A. Grant Award: Stormwater Outfall Water Quality Retrofit Project Staff is seeking approval to accept grant funding from the Washington State Department of Ecology in the amount of $1,805,745 to fund final design and construction for the third and fourth outfalls at Starfire Way/Fort Dent Way and E Marginal Way. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda B. Contract Amendment: Stormwater Quality Retrofit Program Staff is seeking approval of an amendment to Contract 22-134 with KPG Psomas, Inc. in the amount of $322,873 for design and construction management of the program. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda C. Contract Amendment: 2023 Annual Small Drainage Program Staff is seeking approval of an amendment to Contract 23-089 with KPG Psomas, Inc. in the amount of $63,207.50 for additional permitting services. Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda D. Contract Amendment: Gilliam Creek Fish Barrier Removal and Habitat Enhancement Staff is seeking approval of an amendment to Contract 24-093 with Otak, Inc. in the amount of $138,270 for additional design and engineering services on the project. * Committee Recommendation Unanimous approval. Forward to October 7, 2024 Regular Consent Agenda The meeting adjourned at 5:51 p.m. Con4mittee Chair Approval Minutes by LH 147 148 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 10/07/24 Tony ITEM INFORMATION ITEM NO. 5.A. STAFF SPONSOR: PETE ORIGINAL AGENDA DATE: 10/07/24 AGENDA ITEM TITLE 2025 - 2026 Budget Development Process Continuation CATEGORY ® Discussion Mtg Date 10/7/24 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Leadership will be continuing the 2025-26 Budget Development discussion. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Finance Report COMMITTEE Discussion only COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 Discussion & Introduction to Budget 9/23/24 Continued budget discussions MTG. DATE ATTACHMENTS 10/07/24 PowerPoint (Mayor's Budget, Budget Sheets Fund 105, 502, 503, 2xx, 411, 501 ) Proposed 2025 - 2026 Budget Documents (link) 149 150 City Council Regular Meeting October 7, 2024 CITY OF TUKWILA 2025-26 DEVELOPMENT PROCESS 1 The City of opportunity, the community of choice. Tonight's Agenda Work Session • Continued presentation of the 2025- 26 Proposed Budget • Revenues • Expenses • Financial Policies & Reserves • Factors Informing Budget Balancing Regular Meeting • Continued Presentation of the 2025- 26 Proposed Budget • Mayor's Budget Message • Fund 105 Contingency • Fund 502 Healthcare • Fund 503 Law Enforcement Officers & Fire Fighters (LEOFF) 1 Retirement • Fund 2XX Debt Service • Fund 411 Foster Golf Links • Fund 501 Equipment Rental & Replacement • Next Steps / Budget Calendar • Public Works Shop Phase 2 Update City of Tukwila 2025-26 Budget Development 2 Mayor's Budget Message 2025-26 Proposed Budget City of Tukwila 2025-26 Budget Development 3 01 Mayor's Priorities 2025-26 Budget Key Focus Areas • Community safety and security (Public Safety) • Celebrate Tukwila's diversity, community connections and tourism potential • Greater organizational accountability and efficiency • Establish greater fiscal constraints and spending controls • Leverage opportunities to deliver "next level" customer service • Re-examine our commitment to capital projects with an aging city infrastructure • Continue to invest in city staff with necessary tools and support • Create more housing opportunities, both affordable and market rate City of Tukwila 2025-26 Budget Development 4 iiiriUuijj =MINN wa...mor milM1,111111111 116#114 '4"PlaW :04 • .W411 o I • • • IL City of Tukwila 2025-26 Budget Development 5 "The Headlines"- Charting Our Path Returning tax capacity to Tukwila taxpayers, while retaining necessary resources to mitigate the City's structural imbalance and investing in key service level enhancements benefiting the community. • Returning $6 million to Tukwila Taxpayers • Rescoping Public Works Shops Phase 2 • Investments in Public Safety City of Tukwila 2025-26 Budget Development 6 Charting Our Path- 2025-26 Mayor's Proposed Budget • Tax Relief- return $6 million in taxes • Communications and Engagement • People's Project • Public Safety • 2 new Police Officers supporting Westfield Southcenter vicinity • Park Safety • 1 new Park Ranger providing park security and outreach • Infrastructure Maintenance & Stewardship • Facilities Maintenance & Custodial Staffing & Repairs • Vegetation Management & Stewardship • Technology Enhancements • System Upgrades and Security Protections • Capital Investments • Water System Planning • Fish Passage and Levee Protections • Traffic Calming • World Cup Ready- preparing to help host 750,000 Unfunded Decision Points • Mental Health Co -Responders • Public Works- Shops Phase 2- Rescopi ng Significant Trade -Offs • Use of One Time Funds • Ongoing Lean Staffing Model • No New Revenue City of Tukwila 2025-26 Budget Development 7 Fund Presentations (continued) 2025-26 Preliminary Proposed Biennial Budget City of Tukwila 2025-26 Budget Development 8 Financial Structure of the City Budget *Presented tonight *Presented previously GOVERNMENTAL FUND TYPES PROPRIETARY FUND TYPES General Fund: Supports general operations of the City. Taxes are the principal source. Accounts for all City resources except those required to be accounted for in a different fund. Special Revenue Funds: Revenues which are legally or administratively restricted for special purposes. Fund 101, 105, 40-9 Debt Service Funds: Account for resources necessary to pay principal and interest on general long-term debt. Fund 2XX Capital Projects Funds: Accounts for financial resources to be used for the acquisition or construction of capital items, facilities, or infrastructure. Not to be used for maintenance or repairs. Fund 103, 104, 304, 302, 303, 304, 305, 306 Enterprise Funds: Accounts for operations that are financed and operated in a manner similar to business enterprises. Fund 401, 402, 411, 412 Internal Service Funds: Used to account for operations or services to other departments on a cost reimbursement basis. Fund 501, 502, 503 FIDUCIARY FUNDS Account for assets held by the City in a trustee capacity and cannot be used to support the City's own programs. Fund 611 Source: City of Tukwila, WA 2023-2024 Biennial Budget, P. 25. City of Tukwila 2025-26 Budget Development 9 O O GOV'T / SPECIAL REVENUE FUND Fund 105 — Contingency Fund Purpose • Sufficient fund balances and reserve levels are important for the long-term financial stability of the City. • This fund provides for a reserve fund balance equal to or greater than 10% of the previous year's General Fund ongoing revenue, exclusive of significant non -operating, non -recurring revenues such as real estate sales, or transfers in from other funds. • Amounts held in this fund can be used for more restrictive, emergency -type purposes. All expenditures from this fund require Council approval. • This fund is reported as a sub -fund of the general fund in the City's Annual Comprehensive Financial Report (ACFR). Recommendation • Continue to manage the fund in accordance with Tukwila Municipal Code (TMC) City of Tukwila 2025-26 Budget Development 10 GOV'T / DEBT SERVICE FUNDS Fund 2XX —Various Debt Service • Purpose • Records the payment of principal and interest for the City's outstanding limited tax general obligation bonds, unlimited tax general obligation bonds and bonds associated with the City's Local Improvement District #33. • What's Happening in 2025-26 • No planned new debt issuances in 2025-26 • Recommendation • Manage in accordance with Debt Policy — Resolution 1840 City of Tukwila 2025-26 Budget Development 11 PROPRIETARY / ENTERPRISE FUND Fund 411 — Foster Golf Links Purpose • Management of all day-to-day and capital operations of the Foster Golf Links including customer service, course maintenance, and fleet management. What's Happening in 2025-26 • Continued operations with enhancements to marketing, programmatic offerings, and special events. Recommendation • Ensure fiscal sustainability of fund • Maintain General Fund subsidy while continuing to optimize revenue and control expenditures. City of Tukwila 2025-26 Budget Development 12 PROPRIETARY / INTERNAL SERVICE FUND Fund 501 — Equipment Rental and Replacement Purpose • Internal Service Fund designed to provide and maintain a fleet of vehicles and equipment for City use; manage a replacement program that ensures timely replacement of vehicles and equipment What's Happening in 2025-26 • Return to replacement model after bridge budget spent down fund balance • Implement efficiency strategies as outlined in lean study Recommendation • Ensure fiscal sustainability of fund • Evaluate proper size and scope of leasing model moving forward City of Tukwila 2025-26 Budget Development 13 PROPRIETARY / INTERNAL SERVICE FUND Fund 502 — Employee Healthcare Plan • Purpose • Accounts for self -insured active employee health insurance plan. Claims, administration and wellness program are expensed in this fund. • What's Happening in 2025-26 • Monitor fund balance; maintain reserves • Recommendation • Balance employee health insurance costs, manage claims, with maintaining reserves City of Tukwila 2025-26 Budget Development 14 PROPRIETARY / INTERNAL SERVICE FUND Fund 503 — Law Enforcement & Fire Fighters (LEOFF 1) Retiree Self -Insured Healthcare Plan Fund • Purpose • Receive contributions and manage claims on behalf of Law Enforcement Officers & Firefighters (LEOFF) retirees • What's Happening in 2025-26 • Annual meeting with participants (7) to present account activity • Goal: smooth and predictable premium trend • Recommendation • Required participation by statute City of Tukwila 2025-26 Budget Development 15 Budget Calendar & Next Steps 2025-26 Preliminary Proposed Biennial Budget City of Tukwila 2025-26 Budget Development 16 Budget Calendar (Sept -Oct) September 23 Committee of the Whole & Special Meeting - Overview of Public Engagement & Outreach Results: Community liaisons presentation; community survey results; Financial Sustainability Committee recommendations; Community events & advisory committee meetings Presentation of Other Funds Part 1: (Special Revenues: Fund 109- Drug Seizure Fund; Fund 101- Lodging Tax);; Fund 302 Urban Renewal*; Fund 305 Public Safety Fund*; (Capital Budget Preview: Fund 301 Parks, Trails & Open Space; Fund 103 Residential Streets; Fund 104- Bridges & Arterial Streets; Fund 303 General Improvements; October 1 Estimates filed by department heads with complete financial program (RCW 35A.33) October 7 Mayor provides council with estimates of revenues from all sources for consideration of setting property tax levy (RCW 35A.33) City of Tukwila 2025-26 Budget Development 17 Budget Calendar (Oct) October 7 Work Session Overview of General Fund Revenues and Expenditures (General Fund 000) Revenues & Expenses; Rev & Exp. History & Financial Forecast, Revenue and Expenditure Drivers; Financial and Reserve Policies Regular Meeting Mayor's Budget Message & Priorities Presentation of Other Funds- Part 2: (Proprietary/Internal Service Funds: Fund 501- Equipment Rental; Fund 502- Employee Healthcare Insurance Fund; Fund 503- LEOFF 1 Retiree; Fund 611- Firemen's Pension) (Debt Service: Fund 2XX LTGO Debt Service Fund; Fund 213- UTGO Bonds; Fund 206- LID Guaranty; Fund 233- 2013 Local Improvement District); (Special Revenues: Fund 105- Contingency Fund); (Proprietary/Enterprise Funds: Fund 411 Foster Golf Course). Public Works Shop Phase 2- Update and Rescoping City of Tukwila 2025-26 Budget Development 18 Budget Calendar (Oct) October 14 Estimates filed by department heads with complete financial program (RCW 35A.33) Committee of the Whole Department Presentations: (Department Overview: 1) Functional Org. Chart; 2) Mission; 3) Description of Major Services/Programs); (Performance: 1) 2023-24 Accomplishments; 2) 2025-26 Objective;) (Budget Overview: Revenue/Expenses & Staffing) Preliminary Council Questions/Discussion/Deliberations October 21 Work Session Capital Budget Overview (Fund 301 Parks, Trails & Open Space; Fund 103 Residential Streets; Fund 104- Bridges &Arterial Streets; Fund 306: City Facilities; Fund 303 General Improvements; Fund 304 Fire Improvements; (Proprietary/Enterprise Funds): Fund 401- Water; Fund 402 Sewer; Fund 412 Surface Water) City of Tukwila 2025-26 Budget Development 19 Budget Calendar (Oct) Mid -October to mid -November (approx.) Public hearing on revenue sources including possible changes in property tax (RCW 35A.33) October 21 Regular Meeting Property Taxes 101- Levies, Levy Rates & Banked Capacity Budget Balancing/Reconciliation; Policy Discussion & Decisions City of Tukwila 2025-26 Budget Development 20 Budget Calendar (Oct -Nov) October 28 Committee of the Whole Public Hearing- Tax Levy Legislation: ordinance increasing regular levy; ordinance levying general taxes. Special Issues- Tax Levy Legislation: ordinance increasing regular levy; ordinance levying general taxes; Resolution adopting PW Consolidated Fee Schedule; Ordinance adopting Park and Fire Impact Fees November2 Mayor prepares preliminary budget, budget messages, files with clerk pnr-1 council (RCW35A.33) Nov. 1-18 (approx.) Publication notice of preliminary budget and final hearing (RCW 35A.33) Nov. 1-25 (approx.) Public hearing(s) on preliminary budget (RCW 35A.33) City of Tukwila 2025-26 Budget Development 21 Budget Calendar (Nov) Work Session Council Questions/Discussion/Deliberations Regular Meeting November 4 Public Hearing: 2025-26 Biennial Budget: Ordinance adopting 2025- 26 Budget; Ordinance amending 2023-24 Budget Unfinished Business: 2025-26 Biennial Budget: Ordinance adopting 2025-26 Budget; Ordinance amending 2023-24 Budget; Tax Levy Legislation- ordinance increasing regular levy; ordinance levying general taxes. Tentative Work Session Budget Adoption November 18 Regular Meeting Unfinished Business: 2025-26 Biennial Budget: Ordinance adopting 2025-26 Budget & Financial Planning Model & CIP; Ordinance amending 2023-24 Budget City of Tukwila 2025-26 Budget Development 22 Budget Calendar (Nov -Dec) November21 Copies of the Budget available to the public (RCW 35A.33) November 25 Committee of the Whole November 30 Property tax levies set by ordinance and filed with county (RCW 35A.33) December 2 Final budget hearing (RCW 35A.33) Regular Meeting December 9 Committee of the Whole & Special Meeting December 16 Work Session Regular Meeting December 31 Budget adoption deadline (RCW 35A.33) City of Tukwila 2025-26 Budget Development 23 Questions and Discussion 2025-26 Preliminary Proposed Biennial Budget City of Tukwila 2025-26 Budget Development 24 10/7/24 MTG. DATE o N MTG. DATE Fund Source: N/A Comments: EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMITTEE N/A COST IMPACT / FUND SOURCE REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A SPONSOR'S The project team has completed the design and development phase for pre -construction SUMMARY and design. The project team will present the the updated construction estimates and also discuss phasing options for the project. SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW CATEGORY ® Discussion Mtg Date 10/7/24 AGENDA ITEM TITLE Public Works Phase 2 Update O416 CP ` ,F 010tXX Powerpoint Presenation ATTACHMENTS RECORD OF COUNCIL ACTION ITEM INFORMATION 0 \ N Meeting Date b o N o' STAFF SPONSOR: BRANDON MILES ❑ Resolution Mtg Date BJ M Prepared by ❑ Ordinance Mtg Date Mayor's review ,, ❑ Bid Award Mtg Date Council review ORIGINAL AGENDA DATE: 10/7/24 ❑ Public Hearing Mtg Date ITEM NO. 5.B. ❑ Other Mtg Date Tukwila Maintenance and Engineering - East Campus Project Council Update October 7, 2024 AGENDA Reconciled Design Development Phase Cost Estimate Project Building Blocks Goal: Council direction on budget (resultant scope to be refined) Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 2 PUBLIC WORKS COMBINED SHOPS, COST TO DATE Site Acquisition Year Cost Notes 2017 283, 709 Preliminary Design and Faeal Estate Services 2018 13,237,891 Land Purcahse, Business Assistance, and Legal Costs 2019 12,704 012 Land Purcahse, Business Assistance, and Legal Costs Subtotal: 26,225,612 Phase 1 2020 756, 352 Design and Pre -Construction Phase 1 2021 5,744 843 Construction Phase 1 2022 2,272 488 Construction Phase 1 2023 1, 392,111 Construction Phase 1 a bt of a l : 10,165, 794 Phase 2 2022 185,124 Test to Fit 2023 1,354 449 Design and Pre-Const rucct i on 2024 3,109, 932 Design and Pre-Const rucct i on Su bt of al : 4,649 505 Total 4)end To Date: 41,040,911 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 3 RECONCILED DESIGN DEVELOPMENT PHASE ESTIMATE COUNCIL REPORTING SUMMARY - Tukwila Public Works Maintenance & Engineering Building Test to Fit Budget 2nd Quarter '23 Schematic Design Budget 1st Quarter '24 Design Development Budget 4th Quarter '24 Architect/Engineering Services (Design & Construction Adminstration) $ 6,278,000 $ $ 6,215,000 1,930,000 $ 4,970,000 Permits/Fees $ 1,940,000 $ 1,154,000 General Contractor/Construction Management Pre -Construction $ 360,000 $ 360,000 $ 400,000 Construction (includes escalation to Jan 2026) $ 54,513,000 $ 55,807,089 6,123,797 $ $ 53,491,237 5,933,395 Construction Tax (Pre -Construction, Construction & Construction Contingency) $ 6,092,754 $ Construction Related Costs (Owner Consultants, Furniture Fixtures & Equipment, Insurance) $ 3,198,000 $ 5,155,035 $ 4,683,798 Project Management Services (SOJ, Legal, Project Neutral) $ 2,241,000 $ 2,279,000 $ 2,100,000 Contingency (including Construction & Project) $ 9,242,246 $ 6,111,257 $ 5,434,475 TOTAL $ 83,865,000 $ 83,981,179 $ 78,166,905 * The following have been eliminated from the Design Development Budget - City of Tukwila Building Permit Fee - City of Tukwila Traffic Impact Fees - Shoreline Restoration (separate project) - Truck Wash (removed the scope) - Off -Site Improvements (separate project) Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 4 ED PARKIN PUMPSTER PLATFO TOOL & EQUIPMENT STORAGE COVERED PARKIN 4:1011121- um_ MAINTENANCE ENGINEERING BUILDING ;Al ERALL SITE IMPROVEMENTS ROJECT BUILDING BLOCKS Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 5 BASIS OF BUILDING BLOCK ESTIMATING Cost estimate numbers are based on the current design with the full project construction starting inJUNE2025. Additional escalation would need to be applied to construction costs for building block phasing starting AFTER JUNE 2025. Building block cost estimates could vary -10% to +20% dependent on phasing schedule. *These costs are estimated holistically and will vary when phased into single projects. *Civil design will need to be recalibrated. What does site work costs include? *Land clearing, grading, excavation, the installation of infrastructure necessary for future development, etc. Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 6 PROJECT BUILDING BLOCKS Tool and Equipment Storage 7,600 SF enclosed warehouse & tools 9,300 SF covered storage & loading Building ($350/SF) Site (allocated)* Construction subtotal Project Related Costs Estimated Project Cost $5,900,000 $4,000,000 $9,900,000 $4,500,000 $14,400,000 Salt/Sand/Gravel Storage 5,500 SF covered Building ($273/SF) Site (allocated)* Construction subtotal Project Related Costs Estimated Project Cost Spoils Storage 6,600 SF covered Building ($242/SF) Site (allocated)* Construction subtotal Project Related Costs Estimated Project Cost $1,500,000 $ 800,000 $2,300,000 $1,100,000 $3,400,000 $1,600,000 $1,200,000 $2,800,000 1,300,000 $4,100,000 03 Site costs have been allocated to buildings °an percent basis for analysis purposes TOOL & EQUIPMENT STORAGE 4011 SPOILS STORAGE. Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage $14,400,000 $3,400,000 $4,100,000 Running Total $21,900,000 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 7 PROJECT BUILDING BLOCKS Decant Facility 5,900 SF covered Building ($271/SF) Site (allocated)* Construction subtotal Project Related Costs Estimated Project Cost $1,600,000 $ 900,000 $2,500,000 $1,100,000 $ 3,600,000 *Site costs have been allocated to buildings on percent basis for analysis purposes SALT SAND GRAVEL 1/4114 TOOL & EQUIPMENT STORAGE SPOILS STOR G Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage Decant Facility $14,400,000 $3,400,000 $4,100,000 $3,600,000 Running Total $25,500,000 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 8 PROJECT BUILDING BLOCKS Maintenance & Engineering Building 35,500 SF, 3-story, Admin + Shops 3,000 SF, outdoor covered areas Building ($648/SF) $23,000,000 Site (allocated)* $4,700,000 Construction subtotal $27,700,000 Project Related Costs $12,800,000 Estimated Project Cost $40,500,000 03 Site costs have been allocated to buildings n percent basis for analysis purposes TOOL & EQUIPMENT STORAGE • Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage Decant Facility Dumpster Platform $14,400,000 $3,400,000 $4,100,000 $3,600,000 $3,300,000 Running Total $28,800,000 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 9 PROJECT BUILDING BLOCKS Dumpster Platform 9000 SF covered Building ($133/SF) Site (allocated)* Construction subtotal Project Related Costs Estimated Project Cost $1,200,000 $1,000,000 $2,200,000 $1,100,000 $3,300,000 *Site costs have been allocated to buildings on percent basis for analysis purposes DECANT FACILITY TOOL & EQUIPMENT STORAGE Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage Decant Facility Dumpster Platform Maintenance & Engineering Building $14,400,000 $3,400,000 $4,100,000 $3,600,000 $3,300,000 $40,500,000 Running Total $69,300,000 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 10 PROJECT BUILDING BLOCKS WEST CAM t-: IMPROVEMEN West Campus Improvements 2,950 SF covered Covered Parking Site (West) Construction subtotal groject Related Costs estimated Project Cost $ 700,000 $ 3,000,000 $3,700,000 $1,700,000 $ 5,400,000 SALT SAND GRAVEL DUMPSTER PLATFO TOOL & EQUIPMENT STORAGE Covered Parking (East) 10,100 SF covered Building ($130/SF) Site (allocated)* Construction subtotal Project Related Costs Estimated Project Cost $1,300,000 $1,100,000 $ 2,400,000 $1,100,000 $3,500,000 DECANT FACILITY Site costs have been allocated to buildings on percent basis for analysis purposes Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage Decant Facility Dumpster Platform Maintenance & Engineering Building Covered Parking West Campus Improvements $14,400,000 $3,400,000 $4,100,000 $3,600,000 $3,300,000 $40,500,000 $3,500,000 $5,400,000 Running Total $78,200,000 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 11 ROJECT BUILDING BLOCKS SALT SAND GRAVEL SROREONE- R_ESTORATIO Pk TOOL & EQUIPMENT STORAGE DECANT FACILITY Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage Decant Facility Dumpster Platform Maintenance & Engineering Building Covered Parking West Campus Improvements $14,400,000 $3,400,000 $4,100,000 $3,600,000 $3,300,000 $40,500,000 $3,500,000 $5,400,000 Running Total Shoreline Restoration $78,200,000 (separate project) Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 12 Building and Site Area Esti mated Project Cost Tool & Equipment Storage Salt, Sand, Gravel Storage Spoils Storage Decant Facility Dumpster Platform Maintenance & Engineering Building Covered Parking West Campus Improvements $14,400,000 $3,400,000 $4,100,000 $3,600,000 $3,300,000 $40,500,000 $3,500,000 $5,400,000 Running Total Shoreline Restoration $78,200,000 (separate project) Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 13 GRANT UPDATE Element Grant Name Potential Amount Status Anticipated Award Date? Shoreline Design WRIA 9 — Salmon Recovery Funding Board (RCO) or Flood Control District (CWM/FR) $2 Million Will apply in Spring 2026 Fall of 2026 Decant Construction Department of Ecology Water Quality Combined $4 Million Will apply in Fall 2025 July of 2026 Shops Generator (Phase 2) FEMA Hazard Mitigation $1 Million Invited to submit full application, due October 25. Summer of 2025. Tool Building (Phase 2) FEMA BRIC $10 Million Submitted preapplication, waiting on state to respond if we can submit a full application. Summer of 2025 Various Project Elements Congressional Direct Spending TBD, likely less than $1 Million TBD TBD Various Project Elements Department of Commerce Clean Energy Grant Program $2 Million Will know after 2025 legislative session if this program is returning. TBD Various Project Elements King County/EPA Climate Pollution Reduction Grant $3-$5 Million King County is developing the sub -application process now. Will apply once open. TBD Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 14 PROJECT SCHEDULE JAN 2023 SCHEMATIC DESIGN GCCM Procurement JAN 2024 Nov 2023 City ownershi of UPS parcel DESIGN DEVELOPMENT JAN JAN JAN 2025 2026 2027 CONSTRUCTION DOCUMENTS ENVIRONMENTAL REVIEW AND PERMITTING April 2025 UPS Lease Expires REPORTTO COUNCIL REPORTTO COUNCIL REPORTTO COUNCIL March 2023 April 2024 October 2024 • STATE ENVIRONMENTAL POLICY ACT (SEPA) CHECKLIST SUBMITTED ON 5/2/2024 • RECEIVED SEPA DETERMINATION OF NON -SIGNIFICANCE (DNS) ISSUED ON 9/25/2024 • BUILDING PERMIT TARGET: FEBRUARY2025 CONSTRUCTION REPORT TO COUNCIL (Target: August 2025) MOVE IN January 2027 Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 15 CD N EXISTING SITE FOR REFERENCE S 11 2th St West Parcel Lot Size 3.95 acres Chinook Wind Mitigation Project (King County) SCL Easement (permanent access) East Parcel Lot Size 6.9 acres Duwamish Gardens Park (City Owned) Duwamish River Tukwila Maintenance & Engineering East Campus Project October 7, 2024 Miller Hayashi Architects 16 T0: City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, Interim City Administrator DATE: October 1, 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: Mayor McLeod participated in a Sound Cities Association Mayors meeting hosted by Maple Valley on September 10 and a virtual meeting on September 17. • Puget Sound Leaders Roundtable on Al: On September 27 Mayor McLeod and TIS staff attended the Puget Sound Leaders Roundtable on Al hosted by Mayor Birney of Redmond, Microsoft and Sound Cities Association. • Air and Space Manufacturing Roundtable: Mayor McLeod and Economic Development staff participated in meetings hosted by the City of Kent to create an Air and Space Manufacturing Roundtable. The cities of Auburn, Kent, Renton, and Tukwila are participating with Kent serving as the lead. The purpose of the Roundtable is for c-level executives in air and space firms located in Kent Valley to collaborate and guide workforce development, public policy, or other issues. This is an effort to retain and attract air and space manufacturing businesses. There is no financial contribution for Tukwila to participate. • King County Recycling Meeting: Public Works staff participated in King County Recycling Coordinator's meeting to discuss commercial organics outreach, grants, regional recyclables list, and household hazardous waste updates from King County. • Metropolitan Solid Waste Advisory Committee: Public Works staff represented City of Tukwila at the monthly Metropolitan Solid Waste Advisory Committee. II. Community Events • Tukwila Paint Collection Event: On September 21, almost 600 vehicles dropped off paint to be recycled by GreenSheen in Tukwila's first paint collection event. GreenSheen has a manufacturing process that transforms old or unwanted paint into high -quality recycled Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 193 City Administrator's Report October 1, 2024 Page 2 paint that is then re -sold to be reused. The intake at this event was a staggering 102,364 gross pounds of latex paint and 8,598 gross pounds of oil -based paint collected. • Tukwila Community Leadership Program: Recruitment for the 2024 cohort of the Tukwila Community Leadership Program is underway. More information and the application can be found at www.tukwilawa.gov/Leadership. • Artist Talk: TCC will host an Artist Talk on October 9, from 5 p.m. to 7 p.m. The event will feature the muralists who created art for the department's storage container. Attendees will be able to ask questions of the artists and partake in light refreshments from Canela Mexican Cafe (hot drinks and churros). There will also be an art activity for attendees —painting mini pumpkins. The event is free and open to the public. Learn more at https://bit.ly/Oct 9th Artist Talk. • Yard Waste Collection: On November 9 there will be a yard waste collection event at Tukwila Community Center from 8:00 AM - 12:00 PM. • Paper Shredding & Spirit of Giving Donation Collections: On November 16 there will be a joint paper shredding event and Spirit of Giving collection at Tukwila Community Center from 10AM-2PM. iii. Staff Updates Public Safety • ional Meeting regarding Organized Retail Theft: Deputy Chief Lund attended a regional meeting with Challenge Seattle and the Washington Retail Association Organized Retail Theft group. • Ghanaian Association Annual Potluck: During the weekend of September 7 and 8, officers joined the Ghanaian Association for their annual potluck picnic at the Tukwila Community Center. Over 160 people showed up to engage in conversation and food. It was a great opportunity for officers and community members to connect. • Tukwila Elementary "Copcorn Friday": On September 20, the Tukwila Police Department helped the Tukwila Elementary School PTA with "Copcorn Friday". The PTA hosts Popcorn Friday once a month to help raise funds for the ongoing activities that they offer the students. • Tukwila Outstanding Officer of the Year: On September 21, Officer Victor Masters was recognized by the Delta -White Center Masonic Lodge No. 172 in Tukwila as the Outstanding Officer of the Year recipient for 2024. Officer Masters was recognized for his commitment to the Tukwila community and his community outreach efforts. Project Updates • Cafeteria Composting: Public Works is continuing to partner with the Tukwila School District to roll out composting within the cafeterias. o Foster High School first day results: Garbage diverted from the landfill and turned into recycling and compost instead is 54.4 gallons/day or 9,792 gallons per year (49 cubic yards per year). Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 194 City Administrator's Report October 1, 2024 Page 3 o Showalter Middle School first day results: Garbage diverted from the landfill and turned into recycling and compost instead is 66.6 gallons/day or 12,000 gallons per year (60 cubic yards per year). o Cascade View Elementary first day results: Garbage diverted from the landfill 142 gallons/day or 25,524 gallons per year (126 cubic yards per year). • Global -to -Local Closing: Global -to -Local (G2L), a non-profit that advances health equity in SeaTac and Tukwila, has decided to close down all operations by the end of 2024 which includes their community health programs, Tukwila Village farmers market, and Spice Bridge. G2L's longtime partner, the International Rescue Committee (IRC) has offered to take over operations of the Tukwila Village farmers market so that is likely to continue next summer. G2L is hoping to find an organization to take over the lease of the Spice Bridge space and continue to operate a small business incubator and food hall. City staff will continue to support food -related community gathering activity in that space to the extent possible. We very much appreciate the substantial effort that G2L has invested into the Tukwila community over the past many years. • New King County Elections Ballot Drop Box: Community Development and Public Works staff have been collaborating with King County Elections staff for placement of a ballot drop box on the plaza outside the Justice Center. • Muslim Women Transportation Navigators Cohort: Transportation Demand Management staff provided training to a new Muslim women cohort of Hopelink Community Transportation Navigators on the SKC Trips transportation rewards program on September 27. Community Transportation Navigators is a peer -to -peer outreach strategy that utilizes members within the community focusing on cultural competence and the reflection of shared lived experiences. SKC Trips is one of the tools the Navigators can use during outreach. 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 October 16, 2024. VACANT: 1 Community Member position and Student Representative. 2 applications received. • Civil Service Commission: The next meeting is scheduled for October 17, 2024. No vacancies. • COPCAB: The next meeting is scheduled for October 10, 2024. VACANT: Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for October 3, 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. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 195 City Administrator's Report October 1, 2024 Page 4 • Human Services Advisory Board: The next meeting is scheduled for October 17, 2024. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 2 Resident positions and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for October 1, 2024. 4 Resident position terms expire March 31, 2025. VACANT: 1 Resident position. • Lodging Tax Advisory Committee: The next meeting is scheduled for October 11, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for October 9, 2024. 3 Community position terms expire March 31, 2025. No vacancies. • Planning Commission: The next meeting is scheduled for October 24, 2024. No vacancies. Iv. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response August 26, 2024 A councilmember inquired about the removal of the white tent from the Riverton Park United Methodist Church. For cost purposes the white tent at Riverton Park United Methodist Church will remain up through October. The tent is a much cheaper option than hotels/motels and good progress is being made to move people from the tent into more sustainable housing. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 196 UPCOMING MEETINGS AND EVENTS OCTOBER 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. OCT7 MON OCT 8 TUE OCT9 WED OCT 10 THU OCT 11 FRI OCT 12 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting King County PROPOSED CHANGES TO KING COUNTY SEPTIC CODE PUBLIC MEETING King County needs your input on revisions to the local on -site sewage and septic codes. 6:00 PM - 7:30 PM Tukwila Community Center Banquet Hall 12424 42nd Ave S Click here for information. washington healthplanfinder Workers who lose their health insurance due to a strike or labor dispute are eligible to apply for health and dental insurance through WA Health Benefit Exchange. Click here to register. GREENTUKWILA PLANTING AT RIVERTON PARK Join local neighbor and forest Steward Debbie and help plant trees to reestablish a healthy urban forest. 11:30 AM -1:30 PM Riverton Park 13263 Macadam Rd S Click here for information. S you BPS JOIN THE CHALLENGE Leave the car at home during October and reap the benefits of trying other modes of transportation. You may be eligible to win prizes including an e-bike for up to $1,500 cash! Now through Oct 31 Click here to register. Tukwila Village Farmers Market See below for information. BLOOD DRIVE Donate blood and help save lives You can enter to win a 15" MacBook Air. See Oct 12. 10:00 AM - 4:00 PM Tukwila City Hall 6200 Southcenter Blvd Click here to sign up. SENIORS HEALTH AND INFORMATION FAIR Free event includes vendors with information on open enrollment, support services, health and fitness, travel and recreation. 10:00 AM - 2:00 PM Tukwila Community Center 12424 42nd Ave S ARTIST TALK: CELEBRATE FALL AND TUKWILA'S NEWEST PUBLIC ART Join us as we celebrate Tukwila's newest public art pieces. Refreshments provided by Canela Mexican Cafe with music by Stacy Jones. Also, decorate your own mini pumpkins! 5:00 PM - 7:00 PM Tukwila Community Center 12424 42"d Ave S Click here for information * Park Commission 5:30 PM Tukwila Community Center Hybrid Meeting TUKWILIP RIVERTON CREEK - PLANTING AT COTTONWOOD CREEK Join us for planting a forest next to a creek. 11:00 AM - 2:00 PM Riverton Creek 37'h Ave S & S 128'h St Click here to register. * Community Oriented Policing Citizens Advisory Board 6:30 PM Justice Center Hybrid Meeting FREE STATE PARKS DAY WA State celebrates World Mental Health Day today. A Discover Pass is not required to visit WA State parks. Click here for information. Household Hazardous Waste FREE DROP-OFF EVENT ab FREE HAZARDOUS WASTE DISPOSAL Drop-off your old batteries, paint and other unwanted hazardous products for free. Oct 11 - Oct 13 Friday thru Sunday 10:00 AM - 5:00 PM McLendon Hardware 440 Rainier Ave, Renton Click here for information. GR- TUKWILA HELP HEAL OUR HABITAT AT CODIGA PARK Join EarthCorps and Tukwila staff as we continue to work in the natural area along the Duwamish River. 10:00 AM -1:00 PM Codiga Park 12535 50'h PI S Click here to register. Give Blood = Save 3 Lives /oo to boo URGENT NEED! DONATE AND ENTER TO WIN A 15" MACBOOK AIRI It takes 1,000 donors a day to sustain a blood supply for patients in our community. Click here to schedule an appointment. Or call 1-800-398-7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Click here for information. OCT 14 MON OCT15 TUE OCT 16 WED OCT 17 THU OCT 18 FRI OCT 19 SAT * Community Services and Safety Committee Meeting 5:30 PM City Hall - Hazelnut Rm Hybrid Meeting * Planning and Community Development Meeting 5:30 PM 6300 Building - 2"d Fl Duwamish Conference Hybrid Meeting * City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting 1 King County ADOPT A DOG FOR $50 THIS MONTH! All this month, you can adopt a dog for just $50 plus a pet license fee where applicable. All pets from Regional Animal Services of King County had an initial veterinary exam, up-to-date vaccinations, spayed or neutered, and microchipped. Cats can be adopted for $30 and kittens $100. Mon -Fri 12:00 PM - 5:00 PM Sat -Sun 12:00 PM - 4:00 PM Pet Adoption Center 21615 64th Ave S Click here for information. Tukwila Village Farmers Market Buy fresh produce grown by refugees and immigrants in Tukwila. EBT card accepted. 3:00 PM - 6:00 PM Tukwila Village Plaza 14350 Tukwila Intl Blvd PUBLIC HEARING ON PUGET SOUND FIRE'S 2025 EXPENSE BUDGET AND 2025 BENEFIT CHARGE See below for more information. *Arts Commission 6:00 PM Tukwila Community Center Hybrid Meeting *Civil Service Commission 5:00 PM 6300 Building - 2"d Fl Duwamish Conference Hybrid Meeting SENIORS SOUL DANCE HALLOWEEN PARTY Free event for seniors to enjoy time of fun and friendship. 2:00 PM - 4:00 PM Tukwila Community Center 12424 42 a Ave S Click here to register. OCT 19 SAT al King County RESOURCE FAIR Social service providers will connect attendees with resources. 11:30 AM - 2:30 PM Tukwila Library 14380 Tukwila Int'I Blvd Click here for information. GREENTUKWILA DUWAMISH HILL PRESERVE PLANTING Join us for a day of working in the Duwamish Watershed. 10:00 AM - 1:00 PM Duwamish Hill Preserve 3800 S 115'h St Click here to register. SALMON SATURDAY Join us for a fun family day of science activities and looking for salmon in the Duwamish River. Saturday, Oct 19 2:00 PM - 4:00 PM Tukwila Community Center 12424 42"d Ave S CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM - 4:00 PM Oct 8, 12 & 19 - GREEN TUKWILA EVENTS - See above dates for information. Oct 9 - BLOOD DRIVE - 10:00 AM - 4:00 PM Tukwila City Hall 6200 Southcenter Blvd Oct 9 - SENIORS INFORMATION & HEALTH FAIR - See above date for information. Oct 9 - ARTIST TALK: CELEBRATE FALL & TUKWILA'S NEWEST PUBLIC ART - See above date for information. Oct 18 - SENIORS SOUL DANCE HALLOWEEN PARTY - See above date for information. Oct 19 - SALMON SATURDAY - See above date for information. Nov 2 - CAREER WORKSHOP: DIVERSITY IN LAW ENFORCEMENT - Click here for information. 9:00 AM - 2:00 PM Register for location. Nov 9 - AUTUMN YARD WASTE DROP-OFF - Click here for information. 8:00 AM - 12:00 PM Tukwila Community Center 12424 42nd Ave S Nov 16 - SHRED-A-THON PAPER ONLY - Click here for information. 10:00 AM - 2:00 PM Tukwila Community Center 12424 42nd Ave S ** SPIRIT OF GIVING DONATIONS DUE ON OR BEFORE DEC 1 Tukwila Community Center 12424 42nd AVE S Help a Tukwila child and their family this season. Your monetary donations and/or donations of toys, cozy items, hygiene essentials and gift cards will help ensure a healthy, happy winter for Tukwila families experiencing homelessness. Checks or Venmo accepted. Click here for information. 1 FIRE' 0) PUBLIC HEARING ON 2025 EXPENSE BUDGET & 2025 BENEFIT CHARGE OCT 16 5:30 PM 20811 84th AVE S #111, KENT Public Hearing on Puget Sound Fire's 2025 Expense Budget and 2025 Benefit Charge. Virtual meeting login information will be posted on the PSF website, www.pugetsoundfire.org, prior to the hearing date and time. For questions, call Jessica Extine, Board Secretary, at 253-856-4323. 197 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — MEETING 3 — C.O.W. REGULAR MEETING 4 — C.O.W. OCTOBER 7 See below links for the agenda packets to view the agenda items: October 7, 2024 Work Session October 7, 2024 Regular Meeting OCTOBER 14 SPECIAL ISSUES - 2025-2026 Biennial Budget Presentations: Department Presentations Part 2Update: (preliminary Council questions, discussion and enhancements). - Quarterly B&O Tax report — information only. - Asylum Response Update and Contract Authorization. OCTOBER 21 WORK SESSION Tukwila Comprehensive Plan Review of the Transportation Element. - Biennial Budget: Capital Budget Overview. REGULAR MEETING CONSENT AGENDA - Contract approval for Crystal Springs Lighting Replacement. - Streamlining the Permitting Process and Implementing Provisions of the Local Project Review Ad. - A resolution amending the Land Use fees. - 2025-2026 Contracts: (1) Prosecution Services. (2) Public Defense Services. (3) City Attorney Services. - Asylum Response Update and Contract Authorization. PUBLIC HEARING Quasi -Judicial: Schneider Rezone for parcel at 6250 South 151n Street remanded Public Re -Hearing. UNFINISHED BUSINESS - Grant Acceptance of King County Youth Amateur Sports grant in the amount of $100,000.00. - Biennial Budget: Budget Balancing and Reconciliation; Policy Discussion and Decisions. • OCTOBER 28 PUBLIC HEARING - Tax Levy Legislation: (1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing January 1, 2025. (2) An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 2025. - Revised Encampment Ordinance. SPECIAL ISSUES - Tax Levy Legislation: (1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing January 1, 2025. (2) An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 2025. - A resolution adopting a consolidated Public Works Fee Schedule. - An ordinance revising encampment. PSRFA PUBLIC HEARING OCTOBER 16 Puget Sound Regional Fire Authority Governance Board will hold a public hearing to: - Review revenue sources for the Regional Fire Authority's 2025 expense budget including property taxes and possible increases in property tax revenues per RCW 84.55.120. - Review and establish the Regional Fire Authority's benefit charge to be collected in 2025 per RCW 52.26.230(2). MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. NOVEMBER 4 REGULAR MEETING CONSENT AGENDA - A resolution on fleet surplus. - Sound Cities Lease Renewal for 6300 Building. - Puget Sound Fire Lease Agreement and Deeds. - Future of Work and Facilities Review. - Agreement for Broker & Listing Services for the UPS Property. - An ordinance revising encampment. - Accept Department of Ecology Grant for PCB Evaluation & Monitoring. - Grant Application Approval for a USDOT Culvert Removal Grant. - Accept WSDOT Grants for 42nd Ave S Bridge Construction. PUBLIC HEARINGS Budget Legislation: (1) An ordinance adopting the 2025-2026 Biennial Budget. (2) A resolution adopting the 2025-2030 Financial Planning Model and the Capital Improvement Program for general government and the City's enterprise fund. (3) An ordinance amending the 2023-2024 Biennial Budget. UNFINISHED BUSINESS - Budget Legislation: (1) An ordinance adopting the 2025-2026 Biennial Budget. (2) A resolution adopting the 2025-2030 Financial Planning Model and the Capital Improvement Program for general government and the City's enterprise fund. (3) An ordinance amending the 2023-2024 Biennial Budget. - Tax Levy Legislation: (1) An ordinance increasing the City of Tukwila regular levy from the previous year, commencing January 1, 2025. (2) An ordinance levying the general taxes for the City of Tukwila for the fiscal year commencing January 1, 2025. - A resolution adopting a consolidated Public Works Fee schedule. NOVEMBER 11 NOVEMBER 18 REGULAR MEETING PRESENTATION Tukwila Community Leadership Initiative. PUBLIC HEARING 2023-2024 Tukwila Comprehensive Plan Update - Public Hearing wrap-up. UNFINISHED BUSINESS Budget Legislation: (1) An ordinance adopting the 2025-2026 Biennial Budget. (2) A resolution adopting the 2025-2030 Financial Planning Model and the Capital Improvement Program for general government and the City's enterprise fund. (3) An ordinance amending the 2023-2024 Biennial Budget. NOVEMBER 25 t*. * * * * * VETERANS DAY LANNii (1 1 Remembering all who served. No City Council or Committee meetings due to the holiday. 198