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HomeMy WebLinkAboutTIS 2024-11-25 COMPLETE AGENDA PACKETCity of Tukwila Transportation and Infrastructure Services Committee • Armen Papyan, Chair ÷ Dennis Martinez - Hannah Hedrick Distribution: D. Martinez A. Papyan H. Hedrick P. Mayer G. Lerner (email) Clerk File Copy Share pkt pdf on SharePoint to A. Le, A. Youn M. McCormick AGENDA MONDAY, NOVEMBER 25, 2024 — 5:30 PM HYBRID MEETING - ONSITE AND VIRTUAL DUWAMISH CONFERENCE ROOM, 6300 BUILDING, 2ND FLOOR MS Teams: CLICK HERE TO JOIN THE MEETING Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 252508487# Item Recommended Action Page 1. PRESENTATIONS 2. BUSINESS AGENDA a) S. 131st Street Drainage Improvement Project Amend No. 4 Additional Engineering Services (Josh Hopkins) b) Gilliam Creek Fish Barrier Removal and Habitat Enhancement - Amend No. 2 Additional Design and Engineering Services (Josh Hopkins) c) Amend to Interlocal Cooperation Agreement (ILA) King County Conservation Futures Grant Awards for S 131st St Drainage Improvements and Duwamish Hill Preserve (Catrien de Boer) d) Accept a King Couty Flood Control District 2024 Flood Reduction Grant Award - Gilliam Creek Erosion Repair (Catrien de Boer) e) Accept Three Sound Transit System Access Fund Grants - S 152nd Ped Connection, 42nd Ave Bikeway, and SCB Ped/Bike Upgrades (Catrien de Boer) f) Allentown Truck Ordinance (Adam Cox) a) Forward to the 12/02/2024 Regular Consent Agenda b) Forward to the 12/02/2024 Regular Consent Agenda c) Forward to the 12/02/2024 Regular Meeting d) Forward to the 12/02/2024 Regular Meeting e) Forward to the 12/02/2024 Regular Consent Agenda f) Forward to the 12/09/2024 Committee of the Whole and the 12/16/2024 Regular Consent Agenda Next Scheduled Meeting: 2025, TBD Pg. 2 Pg. 25 Pg. 39 Pg. 64 Pg. 76 Pg. 84 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee Pete Mayer, Public Works Director Joshua Hopkins, Surface Water Project Manager Mayor Thomas McLeod November 22, 2024 S. 131st Street Drainage Improvement Project Project No. 9161204, Contract No. 22-102 Amendment No. 4 Additional Engineering Services ISSUE Approve amendment No. 4 to Contract No. 22-102 with Pace Engineers for additional engineering services in the amount of $223,170. BACKGROUND The S 131st Drainage Improvement Project goal is to address flooding of roadway and adjacent private properties from Southgate Creek, and to address issues that contribute to flooding, water quality, barriers to fish migration and habitat degradation. Historically, Tukwila has dredged Southgate Creek along S 131st Place annually to limit flooding to ROW and private property. This requires an Hydraulic Project Approval (permit) from the WA Dept. of Fish and Wildlife (WDFW). Upon authorizing the last 5- year permit to dredge, WDFW requested the City develop an alternate solution to dredging the creek to reduce flooding. The original contract's preliminary design and hydraulic modeling indicated the proposed improvements had a high probability of reducing the need for dredging but does not resolve flooding and indicated a broader approach to resolve flooding. Therefore, the project scope has expanded and is now organized into three phases. The original contract is Phase I, and it includes a re -alignment of the west fork and a fish passable replacement culvert . Phase II (Amendment No. 3) work products are focused on increasing stream and stormwater conveyance along S 131st and S 134th Place; this phase of work is in design development. Phase III is a planning phase and will focus on understanding the impacts of the legacy landslide in the middle reach, along 43rd Ave, and the affected downstream resources including commercial business district and City stormwater conveyance. Work products form each Phase are intended to be integrated into a future construction contract that implements a sustainable solution that addresses flooding, water quality, fish passage and habitat degradation. Amendment No. 4 (Phase III) includes additional design and engineering services to produce a site investigation report for the landslide in the middle reach, which is a source of accelerated sediment transport to downstream resources. Amend. No 4 tasks are intended to be predecessor tasks for a future amendment to be funded by a Department of Ecology Community Based Public Private Partnership (CBP3) grant (applied for 10/24, results expected Q2/'25). This future amendment will include planning and outreach with the affected private property owners downstream of the landslide. The site investigation report will establish a baseline understanding of the landslide in preparation for private property owner engagement. The private property stormwater infrastructure between the landslide and the flooding on S 134th and 131st PI. are integral to resolving the sediment transport and stormwater conveyance issues contributing to flooding. 2 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director ANALYSIS This contract amendment will inlcude survey, critical area delineation, stormwater drainage and hydraulic analysis, and geotechnical analysis for the landslide. Pace Engineers will develop a site investigation report to understand the landslide and assess ways to manage streambank erosion that is contributing to downstream flooding. FISCAL IMPACT Pace Engineers has provided a cost estimate not to exceed $223,170 to perform additional engineering services. Total funding for contract 22-102 is $754,393. Contract/Funding Consultant Budget Original Contract with Pace Engineers $371,610 Amend. No. 1 Site Investigation for ROW Acquisition $19,880 Amend. No. 2 Contract Time Extension No Cost Amend. No. 3 Phase Ila Contract Rev. to Expand Hyd. Analy. $139,733 Amend. No. 4 Phase Illb Middle Reach Land Slide Site Investigation $223,170 Utility Revenue'23-`24 $311,000 Utility Revenue '25-'26 $205,000 2022 KC FRG (Secured) $100,000 Utility Revenue'23-'24 $19,510 2022 SROF (Secured) $56,598 2023 SROF (Secured) $60,083 2024 SROF (Secured) $64,213 2025 SROF (Secured, awarded, contract pending) $62,442 Totals: $754,393 $878,846 RECOMMENDATION Council is being asked to approve Amendment No. 4 to Contract 22-102 with Pace Engineers for additional engineering services in the amount of $223,170 and to consider this item on the Consent Agenda at the December 2, 2024, Regular Council Meeting. Attachments: Pace Scope and LOE.pdf Map.pdf CIP '23-24 Pg 85.pdf CIP '25-'26.pdf 3 131ST PL DRAINAGE IMPROVEMENTS PHASE IIIB — FEASIBILITY PROJECT UNDERSTANDING The City of Tukwila (City) has requested a proposal for engineering services to research and investigate a historical landslide centered around 43rd Avenue S from S 137th Street to Macadam Road S. This effort includes the following: 1 Project management time, team meetings, and coordination with project subconsultants. 2. Topographic and boundary survey for the area shown as Phase IIIB on Exhibit A. 3. Review the video inspection and develop a report of recommendations for the City to repair/replace any deficiencies that are observed. Approximately 500 linear feet of stormwater conveyance system is to be cleaned, inspected, and analyzed. 4. Prepare Site Investigation Report and Recommendations Includes, reviewing recommendations from the Kramer, Chin & Mayo Study for the West Reach of Southgate Creek and applying appropriate recommendations to the Middle Reach of Southgate Creek. 5. Critical area review and study of creek channel, Geotechnical review/monitoring of the subject area and associated creek channel. PACE proposes the following scope and fee for the 131 s` PL Drainage Improvements Phase IIIB Feasibility Study. SCOPE OF SERVICES Task 1: Project Management, Meetings, and Coordination PACE will be responsible for conducting ongoing management/administration of the consultant team in accordance with the provisions of the Agreement. Ongoing management will include completion of professional services in a timely manner and within the agreement budget. PACE will maintain regular contact and coordination with the City Project Manager in accordance with the provisions of the Agreement. The PACE Project Manager will be responsible for: ■ Maintaining regular contact with the City and designated project management team staff through telephone conversations and e-mails ■ Maintaining open access to project information by the City. 4 ■ It is PACE's intent to maintain open communication with the City at all levels of the PACE project team. Therefore, the City Project Manager may contact team members as needed. PACE will provide administration and coordination throughout the duration of the project, including coordination of survey and subconsultants, contracting and invoicing, scheduling, and client coordination. PACE will conduct regular coordination and update meetings virtually with City of Tukwila and GeoEngineers at project milestones and as needed. The following tasks are anticipated: ■ Bi-weekly project check -in meetings. It is assumed there will be eight (8) meetings, two (2) hours each for two (2) PACE staff, including preparation of the agenda and meeting minutes. ■ Project invoicing, progress reports, and team coordination. For the purpose of budgeting, PACE has assumed the project will continue for 16 weeks through the completion of this scope. If the project continues beyond this period, services will be considered additional to the scope of this proposal. Prior to any additional work being performed, PACE will provide the Client with an estimate of fees to continue with these tasks. Right -of -Entry (ROE) Coordination PACE will coordinate the Right -of -Entry (ROE) for the environmental and survey field work for the properties included in this phase of work. Using the City provided form and project language, PACE will compile the packet of information to deliver to each property owner. The property owner's information will be gathered from online public taxpayer records. Each packet will be delivered to the taxpayer's address by delivery service (FedEX or similar). PACE will maintain a record of all responses and prepare a map that indicates which properties have granted access to PACE and their subconsultants. PACE will follow up one (1) time by mail to the identified property owners with a letter reminding them of the ROE request. PACE has identified up to 13 properties in this phase of work that will require signed ROE forms granting permission to enter their property prior to beginning field work. Right -of -Way (ROW) Permit Coordination PACE will coordinate the ROW permit with the City for all work being performed within the City's ROW. This includes all work being performed by PACE, subconsultants for the Geotechnical assessment, critical areas, and CCTV video inspection. 5 Assumptions: 1. No in person or direct coordination is included in this task. Task 1 Deliverables 1. Meeting agendas in electronic form (PDF format). One (1) electronic copy for each meeting. 2. Monthly status/progress reports and monthly invoices in electronic form (PDF format). 3. Record and Exhibit of all ROE respondents. 6 Task 2: Site Reconnaissance/Investigation & Survey/data collection Up to two PACE project team staff will conduct two (2) site visits: one meeting to understand the site -specific conditions, a second to provide visual inspection of drainage system for residential properties directly upstream of subject area. These parcels include: 26120-0190, 0180, -0170, and -0160. Qualitative observations concerning existing vegetation, riverbank conditions, exposed stormwater features, and exposed highway features will be documented in field notes and site photos. PACE will extend the topographic survey conducted in January 2023 to 43rd Avenue S between S 137th Street and Macadam Road S. Survey control will be extended to gather information on approximately 700 linear feet of closed Right -of -Way (ROW) within 43rd Avenue S. Together with additional mapping in King County Tax Lots 261200TRCT and 261320TRCT as depicted on attached Exhibit "A". Survey will also include stormwater inlet/outlet for culvert crossings under 43rd Avenue S and Macadam Road S. 1. Topographic Survey — Shall include but is not limited to the following: • Channel thalweg (deepest point) at 20 ft intervals, and break lines including toe of stream bank, top of bank, any terraces or major bars or other features, and floodplain lying 10' of elevation change on either side of edge of channel and where the topography connects at the top of bank to address overhang specifically along the east bank • Water surface elevations (as required). • Major channel angle points. • Wetlands flag and ordinary high water (OHW) delineations. • Culverts with invert elevation and size. • Roadway features on 43' Avenue S. • Planted ornamental trees • Retaining walls and rockeries • Fencing, curb, pavement, and gravel edges • Roadway markings and signage • Surface indications of utilities, such as vaults, pedestals, irrigation etc. • Utility lines that can be visually observed, located by RF locating equipment or identified on readily available record drawings. • Sewer and storm structures will be measured for invert elevations, size of pipe, and size of structure. • Any tree 8-inch in diameter or greater, as measured 4 feet above the ground. • Contours will be generated at a 1-foot interval. 7 PACE survey team will thoroughly investigate and integrate relevant information accessible from City data sources, whether readily available or provided. Any additional time due to unforeseen issues or out of scope work will be billed on a Time -and -Expense (Rates) fee basis only after City's approval. Assumptions: 1. Any signed ROE form needed will be granted by the property owners. 2. Any OHW and Wetland delineation flags will be hung by GeoEngineers prior to the commencement of the field survey. 3. Re -mobilizations or additional work based on areas or features of concern that were not originally discussed; areas identified by other specialists (Biologists, Arborists, etc.) after the initial field work or those areas which were not accessed due to safety or limitations of time is not included and would be considered additional work. 4. King County GIS parcel lines will be used to show appropriate ROW and property lines. No ownership or occupancy will be a part of this survey. 5. This Task is a Topographic Survey and not a Boundary Survey. 6. Topographic mapping data will be provided by PACE in AutoCAD C3D 2021 per PACE ACAD standards. Task 2 Deliverables 1. Survey basemap CAD file in .dwg format and signed PDF sheet set Task 3 — Inspection Review and Recommendation of Repair/Replacement PACE to contract with a CCTV contractor from small works roster to CCTV multiple pipe segments and then provide tapes and inspection reports to PACE. PACE will perform a review of the contractor provided video inspections of the stormwater system. As part of the review any anomalies in the pipes will be noted and classified per the Pipeline Assessment Certification Program's (PACP) anomaly code referencing system. PACE will use these observations and information to develop a report that proposes repair/replacement for all anomalies observed in the video of the system; these observations and recommendations will be provided in the Site Investigation Report described later in this scope. Assumptions 1. PACE will have a contractor from the City's small works roster as a sub to this contract to CCTV the pipe(s) and provide visual inspection of catch basin structures within 43rd Avenue S from S 137th Street to tax parcel 261320-0152. The contractor 8 will provide CCTV video inspection reports in PDF form and videos in digital form to the City. The CCTV subcontractor will provide inspection reports and videos to PACE. 2. This company will be a PACE subconsultant. 3. As the exact condition of the pipes is unknown, for budgeting purposes the number of anomalies in the system that are anticipated to be addressed is 12 (approximately 1 anomaly for every 50 feet of pipe inspected). Efforts expended to analyze/provide recommendations for anomalies in excess of this estimate will require an additional services agreement (ASA) or will be billed on a time and expenses basis. 4. The recommendations for pipe repair/replacement will be driven by a combination of the video inspection and surface restoration efforts/requirements. 5. The report will include recommendations for pipe repair/replacement and will not include any analysis of existing drainage structures such as catch basins, storm drain manholes, flow splitters, water quality/detention facilities etc. 6. No design drawings will be produced for this task. The report will include a map that is graphical in nature that shows the location of all anomalies analyzed. 7. PACE will coordinate ROW permitting with the CCTV subconsultant and City. ROW permit fees for this work will be reimbursed by the City. Excludes: Pipe replacement as a result of the recommendations report for the CCTV and pipe inspection task. Task 3 Deliverables 1. PACE will provide a draft pipe assessment report in electronic form (PDF format) for one (1) review to be performed by the City. 2. PACE will provide a final pipe assessment report in electronic form (PDF format) based on the City's review initial review comments. Task 4 — Site Investigation Report After initial studies and site investigation are complete, PACE will prepare a site investigation report summarizing site findings and initial design approach recommendations. PACE will provide up to three (3) recommendations (or menu of options) to address arresting sediment within Southgate Creek between S 137th Street and Macadam Road S. 9 Assumptions 3. The report will be limited to recommendations drawn from site investigation, survey, geotechnical, the Kramer, Chin, and Mayo report dated 1992, and critical areas reports completed as a part of this scope of work. 4. PACE will coordinate with City staff regarding maintenance frequency of storm structures within and directly upstream of the subject area to determine. 5. PACE will utilize land use and flow data from previously completed PACE hydraulic reports and not conduct new modeling for this phase of work. Task 4 Deliverables 1. PACE will provide a draft site investigation report in electronic form (PDF format) for one (1) review to be performed by the City. • Within the report, exhibits will be provided that illustrate the stream profile from the culvert south of S. 137`h Street, through the open space and ending at the culvert north of MaCadam Road S. Sections will be provided as needed. • A considerations, limitations, and opportunities spreadsheet will be included as an exhibit/figure within the draft site investigations report. • PACE will provide up to three (3) recommendations (or menu of options) along with a summary of the options for City review. • Observations and recommendations from the CCTV pipe inspection task above will be incorporated into the Site Investigation Report. 2. PACE will provide a final site investigation report based on City comments in electronic form (PDF format) to the City. Task 5: Sub -Consultant Geotechnical Review, Wetland, and Stream Delineations GeoEngineers has provided the attached geotechnical assessment and wetland and stream delineation services as a sub -consultant to PACE Engineers, Inc. 10 PROJECT COST The costs associated with the above -described work are shown on the attached spreadsheet. Fees shown in the summary table below outline the current balance and requested contract amendment. ESTIMATED PROJECT COST PHASE IIIB $ 193,170 PROPOSED MANAGEMENT RESERVE FUND PHASE IIIB $30,000 SUBTOTAL PHASE IIIB $223,170 ORIGINAL CONTRACT AMOUNT $371,610 AMENDMENT#1 Site Investigation Report $19,880 AMENDMENT#2 Contract Extension AMENDMENT #3 $139,733 SUBTOTAL CURRENT CONTRACT AMOUNT $531,223 REQUESTED #4 CONTRACT AMENDMENT $223,170 TOTAL CONTRACT WITH AMENDMENT #4 $754,393 END OF SCOPE OF WORK 11 2612000100_ 2612000300 2613200158 2612000200 2613200154 2613200150 2612000170 2612007777_\ 0)° 2612000350 2612000370/ \2612000400 � 2612000360 261200003, 90 2613200084 1523045555 2613207777 7347600080 2613200045 2613200171 2613200170 7347600090 N 0 0 0 to M n 7347600142 \ 7347600144 2613200178 7347600065 0 Dins .. Legend ° Storm Catch Basin Storm_Pipe Storm Ditch Stream Parcels 2-ft Contour 131st PL Drainage Improvements Phase Illb A EXHIBIT 'A' 90 45 0 90 Feet PACE Engineers Project Budget Worksheet - 2024 Project Name Project #: City of Tukwila - Phase III B Location: rd Ave S and S 137th St Prepared By: Date: Brian, Christian, Tasha, Dean 22546 I Billing Group #:I Task #: 11/15/2024 Staff Type # (See Labor Rates Table) Staff Type Hourly Rate Staff Name (optional) Drawing/Task Title Labor Hours by Classification Labor Code 105.00% Job Title 1 2 13 13 16 118 43 58 113 74 73 $302 $302 $233 $233 $233 $174 $159 $233 $265 $174 $174 $204 Ken Pam Brian Tasha Christian Dean Nick Sr. Principal Engineer Sr. Principal Planner Sr. Landscape Architect Sr. Project Engineer Sr. Project Engineer Engineering Staff II Sr. Project Ad ministrator Survey Project Manager Two -Person Crew Survey Tech V CAD Tech III Project CAD Tech Hour Total Dollar Total PhaseI CBP3 stormwater facility feasibility analysis Property acquisition feasibility analysis CAD: Conceptual plan Phase Illb Task 1 Project Management 78.0 $18,459.00 Meetings and Project Management 4 40 16 16 2 QA/QC 8 2 10.0 $2,885.40 Subconsultant Coordination I I 8 8 4 20.0 $4,662.00 Subtask 1.1 ROE Coordination 4 8 32 8 52.0 $9,920.40 Subtask 1.2 ROW Permit Coordination Task 2 Site Investigation and Research 2 5 5 2 24 80 32 12.0 138.0 $2,503.20 $32,806.20 Subtask 2.1 - Topographic Survey Subtask 2.2 - Site Reconnaissance / Review 10 10 2 10 16 20.0 28.0 $4,662.00 $5,586.00 Task 3 Inspection Review and Recommendation Subtask 3.1 - Draft Pipe Assessment Report Subtask 3.2 - Final Pipe Assessment Report 2 4 4 10.0 $2,095.80 2 32 20 40 8 24 6 136.0 $27,442.80 Task 4 Site Investigation Report Subtask 4.1 - Prelim. Site Investigation Report and Recommendations 4 Subtask 4.1.1 - Review of Kramer, Chin & Mayo Study 8 8 12 28.0 $5,821.20 Subtask 4.2 Final site investigation report - Addressing City Comments 2 2 6 6 4 4 24.0 $5,199.60 Subconsultant Report Sections - In Geotechnical Fee Geotechnical report for the cause of landslide (GeoEngineer) Landslide mitigation feasibility Hours Total Labor Total 18.0 4.0 68.0 80.0 83.0 113.0 20.0 28.0 80.0 32.0 24.0 6.0 $5,443 $1,210 $15,851 $18,648 $19,347 $19,696 $3,171 $6,527 $21,168 $5,578 $4,183 $1,222 556.0 $122,043.60 Expenses Reimbursable Cost rate/unit Quantity Project Administration (enter estimated months) I $60.00 6 $360.00 Postage/Courier (FED EX ROE Packets $800.00 Permit Application Fees (ROW) $300.00 Photo/Video Mileage/Travel/Per Diem $200.00 Miscellaneous Total $1,660.00 File: Phase IIIB_Budget Worksheet.xlsx, Fee Worksheet Subconsultants Utility Locate CCTV Inppection/Report Electrical Engineer Geotechnical Engineer I & C Engineer Subconsultant Subtotal $2,800 $6,000 $54,350 63.150.00 Markup 10% Total $69,465.00 Page 1 of 1 PACE Billed Labor Total Reimbursable Expenses Subconsultants Total Project Budget[ $122,043.60 $1,660.00 $69,465.00 $193,168.60 Printed: 11/19/2024, 3:32 PM 13 DESCRIPTION 1. Office Tech I, Expediter I 2. Office Tech 11, Expediter II, Survey Field Tech 3. Intern, Survey Tech I, Jr. CAD Tech, Jr. Inspector, Office Tech III 4. Designer, Jr. Planner, Survey Tech II, CAD Tech, Inspector, Sr. Office Tech, Jr. Ecologist/Scientist 5. Jr. Engineering Staff, Designer I, Planner, GIS Tech, Survey Tech III, CAD Tech I, Inspector 1, Project Administrator, Ecologist 6. Landscape Architect, Engineering Staff I, Designer II, Planner I, Survey Tech IV, GIS Analyst I, CAD Tech II, Inspector II, Sr. Project Administrator, Ecologist I, 7. Landscape Architect 1, Engineering Staff II, Designer III, Planner II, GIS Analyst II, CAD Tech III, Inspector III, Survey Tech V, Ecologist 11 8. Landscape Architect II, Project Designer, Planner III, Sr. Survey Tech, GIS Analyst III, Engineering Staff III, Sr. CAD Tech, Sr. Inspector, Scientist, Ecologist III 9. Landscape Architect III, Engineering Staff IV, Project Designer I, Sr. Planner, Project Surveyor, Sr. GIS Analyst, CAD Manager, Project CAD Tech, Sr. Project Inspector, Survey Field Tech I, One -Person Crew, BIM Manager, Ecologist IV, Engineer IV, Scientist I 10. Landscape Architect IV, Project Engineer, Project Designer II, Project Planner, Sr. Project Surveyor, Sr. Project GIS Analyst, Structural Engineer, UAS Pilot, Scientist II, Ecologist V 11. Sr. Landscape Architect, Sr. Project Engineer, Sr. Structural Engineer, Sr. Project Designer, IT Manager, Sr. Project Planner, Survey Project Manager, Tech Services Manager, Sr. Ecologist/Scientist 12. Principal Ecologist/Scientist, Project Manager, Principal Surveyor, Planning Project Manager 13. Sr. Principal Ecologist/Scientist, Sr. Project Manager, Sr. Principal Surveyor, Two -Person Crew 14. Principal Engineer, Principal Planner, Sr. Two -Person Crew 15. Sr. Principal Engineer, Sr. Principal Planner HOURLY RATE $ 65.00 $ 80.00 $ 100.00 $ 120.00 $ 136.00 $ 151.00 $ 166.00 $ 181.00 $ 194.00 $ 209.00 $ 222.00 $ 238.00 $ 252.00 $ 272.00 $ 288.00 A. B. C. D. E. F. G. REIMBURSABLES Subconsultants, Professional and Technical Cost + 15% Project Administration $60.00/Invoice Maps, reports, materials, permit fees, express delivery and messenger, pass -through bills, and similar items necessary for work in progress Cost + 15% Out -of -Town travel per diem and cost of commercial transportation Cost + 10% Transportation within 30 Mile Radius * No Charge Transportation beyond 30 Mile Radius -Automobile At Approved IRS Rate * On job inspection mileage will be billed At Approved IRS Rate Copies: Legal, Letter, Ledger $ 0.25/page Large Format Blueprints and Reproduction (18" x 24" or larger $ 3.00/sheet Expert Witness Rate x 1.5 Notes: 1 All payment is due within 30 days from date of invoice. A monthly service charge of 1 % will be added on all accounts older than 30 days. 2 The foregoing schedule of charges is incorporated into the agreement for the services provided effective January 1, 2024. After December 31, 2024, invoices will reflect the schedule of charges in effect at that time. 14 November 19, 2024 PACE Engineers, Inc. 11255 Kirkland Way, Suite 300 Kirkland, Washington 98033 Attention: Brian Way, PLA, ASLA Subject: City of Tukwila South 131st Place Drainage Improvements - Culvert Replacement Phase 3b Scope Tukwila, Washington File No. 0259-061-00 Introduction The following scope and fee provides additional environmental and geologic/geotechnical services for the South 131st Place Drainage Improvements Project in Tukwila, Washington. Our understanding of the requested services is based on a site visit and coordination call with PACE Engineers, Inc. (PACE) and City of Tukwila representatives on October 21 and October 25, 2024. Based on this coordination, it is our understanding that Phase 3b of the project will entail assessment of the Middle Fork of Southgate Creek in the vicinity of South 137th Street, 43rd Avenue South and Macadam Road South, including an adjacent landslide area that has resulted in closure of 43rd Avenue South. Scope of Services The scope of services described below are anticipated to be approved through the amendment of our existing subcontract with PACE pursuant to PACE's contract with the City of Tukwila for the project. The tasks below will be completed as new/additional subtasks to the following existing tasks within our existing agreement. ■ Task 6. Geotechnical Engineering Services ■ Task 9. Environmental Permitting 15 TASK 6.4. PHASE 3B GEOLOGIC/GEOTECHNICAL ASSESSMENT We understand that the new survey area includes a landslide that resulted in the closure of 43rd Avenue South. During this data gathering phase, we have been requested to complete a reconnaissance level survey to assess geologic hazards, including landslide hazards, earthquake hazards, volcanic hazard and associated risks, and to address code requirements for these hazards consistent with Tukwila Municipal Code (TMC) 18.45.120. Potential geologically hazardous critical areas, such as landslides, will be assessed and delineated within the survey limits as shown in Exhibit A. Surveyable durable markers, such as nails or screws, will be placed at key locations in the delineated landslide area. A geotechnical report will be prepared consistent with the requirements of TMC 18.45.040 for submittal. The report will include recommended site -specific landslide and erosion hazard zones, volcanic hazard zones and earthquake hazard zones, as well as options for potential mitigation measures, if necessary. 1. Review and compile available pertinent documentation related to the geology, steep slopes and landslides, erosion and other potential geologic and seismic hazards at the project site from Washington State Department of Natural Resources (DNR) and other pertinent publicly accessible sources. 2. Obtain publicly accessible lidar data from the DNR to generate hillshade and topographic maps for the site and adjacent slopes and interpret and map landslides and potential erosion areas. 3. Complete a planning -level site visit with the City of Tukwila and PACE staff. 4. Complete a geologic reconnaissance of the project area as shown on Exhibit A. We will observe exposed surface soils. We will also note observed indicators of slope instability such as scarps, leaning trees and seeps or springs. The site visit will also include assessment of potential slope restoration areas for developing recommendations to control sediment transported from the slope to stream. 5. Complete the installation of surveyable markers within landslide areas suspected of ongoing movement for future monitoring. 6. Markers and features such as cracks will be marked with paint or survey flagging for subsequent professional land survey by PACE and incorporation onto the project base map. 7. Prepare a geotechnical report based on the requirements of TMC 18.45.040 for both landslide hazard and erosion hazard areas to include a Critical Area Site Plan. Identify potential erosion mitigation measures for the area affected by the landslide and suggest suitable ongoing monitoring measures. The report will also include discussion and recommendations related to potential slope stabilization measures to control sediment transport from landslide to stream. 8. Attendance of an Associate at four of the one hour biweekly design meetings with the City of Tukwila and/or PACE during the execution of this phase. 9. Provide consultation and technical support to PACE during the duration of this phase related to the final summary documentation on findings. 10. Project management, accounting and administrative support during execution of scope identified above. 16 TASK 9.8. PHASE 3B WETLAND AND STREAM DELINEATIONS The purpose of this task is to identify, document and delineate regulated aquatic critical areas (wetlands and streams) within the Phase 3b assessment area survey limits as shown on Exhibit A. This specifically includes: • Review available project -specific data and publicly available wetland, stream, wildlife and soil databases within the new areas to be surveyed. • Complete a planning -level site visit with the City of Tukwila and PACE staff. • Complete a site reconnaissance to identify and delineate wetlands and stream ordinary high water mark (OHWM) within the assessment area that are protected by federal, state or local regulations. ❑ We will delineate and flag the OHWM of streams within the Phase 3b assessment area limited to the stream section from Macadam Road South upstream to South 137th Street. Reconnaissance level assessment of stream conditions (no OHWM delineation) will be completed upstream of South 137th Street near the intersection of 44th Avenue South. ❑ If wetlands are identified, we will flag wetland boundaries, collect wetland test plot data and rate each wetland according to the current 2014 Washington State Wetland Rating System for Western Washington. ❑ Wetlands and streams will be marked in the field with survey flagging for subsequent professional land survey by PACE and incorporation onto the project base map. • Prepare a standalone wetland report for this phase of work presenting the findings associated with the new survey areas. Wetland and stream ratings and regulatory buffers will be included in the report and will be based on the City of Tukwila municipal code. • Attendance by an Associate at one hour biweekly design meetings with the City of Tukwila and/or PACE for the duration of this phase (eight biweekly meetings). • Provide consultation and technical support to PACE during the duration of this phase related to the final summary documentation on findings. • Project management, accounting and administrative support during execution of scope identified above. ASSUMPTIONS • The phase duration is anticipated to be 16 weeks. Effort associated with project management and meetings for each task identified above is based on this schedule. • The extents of geologic/geotechnical assessment include the 43rd Avenue South right-of-way (ROW) between approximately South 136th Street and South 137th Street. • The City of Tukwila will provide prior documents and reports, if any, pertaining to the slide and pertinent to the investigation. • For geotechnical reporting, a full report may not be feasible if the extents of the project are not determined. • Monitoring of the markers installed as part of Task 6.4 will be scoped and performed as part of a future task. 17 ■ The extents of additional wetland/stream delineation areas associated with this phase of work are as follows: ❑ Wetland and OHWM delineation will be completed from the intersection of South 137th Street and 43rd Avenue South, extending west of 43rd Avenue South approximately 100 feet, south of South 137th Street to the edge of ROW, and north from South 137th Street to Macadam Road South, as well as north of Macadam Road South to the edge of existing ROW. ❑ Wetland and stream reconnaissance will be completed south of South 137th Street to the edge of existing ROW and extending approximately 50 feet onto adjacent private parcels, provided right -of - entry is obtained. ■ Wetland/stream assessment is anticipated to be completed in one field day. ■ The Professional Land Survey of the OHWM, wetland boundaries and/or surveyable landslide markers will be provided by PACE and is not included. ■ Documentation of wetland/stream findings associated with the new survey area will be incorporated into a new, standalone Critical Areas Report for the project. ■ This scope and fee estimate does not include any permitting associated with critical areas. ■ All support outside of the above stated scope is to be provided on a time -and -material basis under separate authorization. BUDGET The fee for our services will be determined on a time and materials basis using the rates contained in our 2024 Standard Schedule of Charges, which is attached to this proposal. We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and estimate. The total estimated fees for the work described above are presented in the table below. TASK NO. TASK ESTIMATED BUDGET 6.4 Phase 3b Geologic/Geotechnical Assessment 9.8 Phase 3b Wetland and Stream Delineation $24,590 $29,760 Total $54,350 There are no intended third -party beneficiaries arising from the services described in this proposal and no party other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. 18 This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc., after the expiration date. Sincerely, GeoEngineers, I /(}CL Nathan Otto Project Geologist David B. Conlin, MA, PWS Associate NO:ERH:DBC:US:atk Attachments: Exhibit A Schedule of Charges - GeoEngineers Standard 2024 Emily R. H rn Senior Environmental Scientist yle J. Stone, PE Associate Geotechnical Engineer 19 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 GEOENGI N EERS 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. Schedule_GeoEngineers Standard-2024 GEOENGI N EERS Figure 5. S 131" Drainage Improvement ProjectMap Phase Phase II Phase III 22 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: S 131st Place Drainage Improvements Project No. 91641204 DESCRIPTION: Design and replace an existing 36" culvert under S. 131st PI. Raise the roadway approximately 18" and/or provide a concrete wall or other means to keep Southgate Creek within its banks during storm events. JUSTIFICATION: Southgate Creek overtops its bank several times per year during storm events and runs through private property. Debris is deposited within a private driveway and storm system. STATUS: Maintenance is performed annually on the creek to remove excess sedimentation to reduce the likelihood of flooding. MAINT. IMPACT: Reduce the frequency of stream sediment removal and storm cleanup. COMMENT: Project will require an HPA. Will consider combining with a future overlay project to reduce overall costs. A grant request for $200K was submitted to the KCFCD in 2020. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 100 421 521 Land (R/W) 250 250 Const. Mgmt. 400 400 Construction 2,000 2,000 TOTAL EXPENSES 0 100 671 2,400 0 0 0 0 0 3,171 FUND SOURCES Awarded Grant 60 60 120 Proposed Grant 300 1,600 1,900 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 0 40 311 800 0 0 0 0 0 1,151 TOTAL SOURCES 0 100 671 2,400 0 0 0 0 0 3,171 ,,, ,' Project Location . n li; r P`---i- vigil P. re% IJ 19,r_r�� e< 5 s 7 0 i 1 , i_` S 158 150 $[ .i. Sl -4• '1 . s 1n� {1 7ukwua Pr.`, sr �. 11 � 2023 - 2028 Capital Improvement Program accii exa m 23 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: S 131st Pt Drainage Improvements Project Manager Joshua Hopkins DESCRIPTION: JUSTIFICATION: STATUS: MAINTENANCE IMPACT: COMMENT: Project # 91641204 Department Surface Water Developing alternate horizontal alignment for Southgate Creek in conjunction with replacing a fish barrier culvert. Scope expanded in 2024 to increase hydraulic analysis limits to address persistent flooding not addressed with the preliminary hydraulic design. Southgate Creek overtops its bank several times per year during storm events and runs through private property. Debris is deposited within a private driveway and storm system. HPA permitted dredging is performed annually on the creek to remove excess sedimentation to reduce the likelihood of flooding. Project will include 1-year contract maintenance and typically 2-to-4 years of plant establishment. Project improvements will be turned over to surface water division for routine maintenance. Project applied for Department of Ecology design development funding and Conservation Futures property acquisition grant to support the expanded hydraulic analysis. Assumes estimated 2028 construction. FINANCIAL (in thousands) Project Costs Project Mgmt (Staff Time/Cost) Planning Land (R/W) Construction Mgmt. Construction Total Project Costs Project Funding Awarded Grant Proposed Grant Utility Revenues Total Project Funding 2025 $ 25 $ 780 $ 1,000 $ $ 1,805 $ 706 $ 1,105 $ 205 $ 2,016 2026 $ 25 $ 600 $ 1,000 $ 1,625 $ - $ 1,625 $ - $ 1,625 2027 2028 $ 25 $ - $ - $ 400 $ 2,000 $ 2,425 $ - $ 1,600 $ 825 $ 2,425 2029 2030 Beyond TOTAL 75 1,380 2,000 400 2,000 5,855 706 4,330 1,030 6,066 MEIN 24 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 November 22, 2024 Gilliam Creek Fish Barrier Removal and Habitat Enhancement Project No. 99830105, Contract No. 24-093 Amendment No. 2 Additional Design and Engineering Services ISSUE Approve amendment No. 2 to Contract No. 24-093 with Otak, Inc. for additional design and engineering services in the amount of $769,952.00. 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 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 and maintenance and operation of the flap gate system. ANALYSIS This contract amendment includes additional tasks to complete Preliminary Design Alternatives Analysis and 30% Design for the preferred alternative by the end of Q2 2025. In October of 2024, Tukwila applied for DOT Culvert AOP grant to fund 30% Design through Construction. If Tukwila were to be successful with this grant, reimbursement would start at 30% Design, so the project needs to progress to the 30% Design milestone in order to receive reimbursements from the DOT Grant. If the grant application were to be unsuccessful, Tukwila will re -apply in Q3/'25 and will submit a more competitive grant application with a preferred alternative developed to 30% Design and cost estimate. FISCAL IMPACT Otak has provided a cost estimate not to exceed $769,952.00 to perform additional design and engineering services. Total grant funding for this project is $1,350,000.00; a cost increase for $278,000.00 has been submitted to WRIA 9 to cover the delta. Consultant Budget Otak Contract 22-068, 23-191, 24-093 $719,593.42* 24-093 Amendment No. 1 $138,270.00 24-093 Amendment No. 2 $769,952.00 Grants (Secured) $1,350,000.00 Grants (Cost Increase Submitted) $278,000.00 Totals: $1,627,815.42 $1,628,000.00 * = The original contract amount for the three contracts was $733,556.42, the actual payment was $719,593.42, a difference of $13,963. RECOMMENDATION Council is being asked to approve Amendment No. 2 to Contract 24-093 with Otak for additional design and engineering services in the amount of $769,952.00 and to consider this item on the Consent Agenda at the December 2, 2024, Regular Council Meeting. Attachments: CIP '23-'28 Pg 81, Otak Scope and LOE 25 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 November 2024 Amendment No. 2 Introduction and Background The scope of work for the previous amendment provided services to refine alternatives and develop the preferred alternative to concept design level and cost estimate. The scope of work for this Amendment No. 2 advances the preferred alternative into preliminary design including background hydraulic assessment. The Scope of Services for Amendment No. 2 is described in detail in the following sections. SCOPE AND BUDGET MODIFICATIONS 1.0 Project Management and Coordination 1.1 Coordination with City This task is expanded in level of effort to provide project management for the additional services included under Amendment No. 2. Otak will coordinate with the City of Tukwila on a regular basis by phone and email to keep the City's project manager informed about project progress, project issues and schedule. Otak will assist in scheduling project related meetings, reviews, and other coordination activities needed to keep the project moving forward. Regular communication with the City will occur on a weekly basis, and status reports will be provided to the City summarizing the status of action items and deliverables. This task will also include coordination with the City about next phases of work including development of work descriptions and scopes of services. Next phases of work to be discussed and defined with the City are anticipated to include: 1. Implementation Planning 2. Engagement with Stakeholders and Public Outreach 3. Final Design 4. Permitting for Construction 5. Construction Support Otak — Scope of Work 26 1.4 Project Monitoring and Reporting Project monitoring and reporting will include the coordination of design team members, project schedule updates, and the preparation of a monthly progress report and a monthly billing statement. TASK 1 DELIVERABLES • Status reports submitted to the City by email (electronic PDF file format) • Schedule updates submitted to the City by email (electronic PDF file format) • Monthly progress report and monthly invoice (electronic PDF file format) TASK 1 ASSUMPTIONS • The duration for this phase of the project is assumed not to extend beyond July 30, 2025. NEW SCOPE TASKS 4.0 Topographic Survey and Basemap 4.2 Supplemental Topographic Surveying and Mapping of Green River Otak provided topographic survey of the project improvement area under previous tasks. After the initial survey, the extents of potential improvements have expanded and the complexity of related hydraulic modeling has increased. Under this task, Otak will provide supplemental topographic survey and will update the electronic basemap to reflect the current conditions along the Green River and public trail and roadway area to the south of the existing culvert. The extents of supplemental survey include: are shown in Attachment A -Survey Extents Map. The topographic survey requirements include the following: ■ Vertical Datum: NAVD 88 ■ Horizontal Datum: State Plane Coordinates (Washington North Zone, NAD 83/91 adjustment) ■ Contours at a maximum interval of 1' ■ TIN surface ■ Surface features: ■ Top/Toe of slopes ■ Channel thalweg ■ Top of bank ■ Toe of bank ■ Culvert invert elevations ■ Vegetation including trees, shrubs, fallen trees in stream over 8-inches in diameter ■ Boulders or rocks in the stream greater than 12" across ■ Rock scour protection limits in place around culvert inlet Mapping shall be consistent with City of Tukwila Infrastructure Design and Construction standards. TASK 4.2 DELIVERABLES ■ Updated Topographic Base Map (Scale 1" = 20 feet) with one -foot contour intervals (AutoCAD DWG file format) TASK 4.2 ASSUMPTIONS ■ If required, the City will obtain right -of -entry for the parcels for the area of survey. Otak — Scope of Work 27 • If a ROW Permit is required, Otak will coordinate with the City and will submit the ROW application. Traffic Control is assumed to be limited and not requiring flagging. 5.0 Hydrology and Hydraulics 5.6 Gilliam Creek Flap Gate Replacement Flood Study - Proposed Conditions Otak previously developed a preliminary existing conditions model under Task 5.5. Under Task 5.6, the preliminary existing conditions model will be finalized and will be the basis for the creation of proposed conditions models. The proposed conditions modeling will assess the effects of replacing the existing Gilliam Creek flapgate with two different flood gate technologies including: 1. Self-regulating tide gate with muted tidal regulator 2. Motorized sluice gate The study is intended to evaluate the hydraulic effects of these replacement gate options on the upstream conveyance network and operation of the Strander pump station and P17 pump station flood protection facilities. The study will consider options for flood gate open and close settings and will evaluate changes between the existing conditions and proposed conditions models such as: 1. Water surface elevations in Gilliam Creek at the project site including duration analysis for key habitat zones 2. Water surface elevations in the primary stormwater trunkline conveyance pipes that typically drain into Gilliam Creek 3. Pump station run times during select storm event periods and releases from the Howard Hanson Dam based on historical data TASK 5.6 DELIVERABLES • HSPF-SWMM Electronic Model TASK 5.6 ASSUMPTIONS • The model developed under this task is intended to evaluate changes in the water surface within Gilliam Creek and the related changes to the City conveyance trunklines and pump station usage between existing and proposed conditions. 5.7 Gilliam Creek Flap Gate Replacement Flood Study Report Otak will prepare a report summarizing the hydrologic and hydraulic modeling methods used and the key factors and criteria identified through the study that must be met to provide fish passage to the extent feasible while still maintaining the flood protection. It is anticipated that the report will contain up to six GIS maps such as: o Study Area Map o Model Schematic layout o Low -flow scenario drainage map o High -flow scenario drainage map o High -flow and low -flow inundation figures Otak will conduct an intake meeting with Tukwila prior to City review of the draft report. Otak — Scope of Work 28 TASK 5.7 DELIVERABLES • Draft Flood Study Report • Comment Responses • Final Flood Study Report TASK 5.7 ASSUMPTIONS • Reports will be delivered in electronic .pdf format. • City will provide one list of consolidated comments on the draft report. Comments will be addressed and incorporated into the final report. 5.8 Open Channel Hydraulic Analysis for Proposed Improvement Area 5.8.1 Preliminary Hydraulic Analysis 5.8.1.A Preliminary Hydraulic Modeling Otak will complete hydraulic analyses of the existing and proposed conditions to evaluate the hydraulic conditions as a result of the project. The existing conditions and proposed conditions will be modeled using either the Federal Highway Administration (FHWA) and U.S. Bureau of Reclamation's SRH-2D software (2020), or the U.S. Army Corps of Engineers HEC-RAS 2-D (2019) software to evaluate hydraulic conditions for the preliminary design. It is assumed that the model domain will include the following: • 700-foot segment of Gilliam Creek extending upstream from the confluence with the Green River • 1,200-foot segment of the Green River extending upstream from the south side of the 1-405 bridge. The model 2D mesh will be constructed from the topographic survey basemap prepared by Otak including supplemental survey obtained along the Green River under Task 4.2. Steady-state inflow boundary conditions will be used based on HSPF modeled peak flows or flow duration curves, and the models will be run over a long enough simulation time to establish steady-state hydraulic grade lines. The evaluation of the hydraulic conditions from existing to proposed conditions will include the change in water surface elevations, depths, velocities, and shear stresses. The proposed water surface elevations will be used to establish the minimum height for the culvert replacement based on freeboard and debris clearance under flood gate open conditions. The velocity results will be used to inform the design about potential fish -passage conditions, stream channel stability, and wood structure placement for the stream improvements. Preliminary scour calculations will also be performed at the crossing structure and along the modified river embankment and scour counter measures will be included in the design, if warranted. The results of the analyses will be used to inform the proposed stream restoration design. 5.8.1.B Hydraulic Analysis QA/QC Otak will coordinate with a subconsultant to provide an independent senior technical hydraulic quality assurance and quality control review, in addition to Otak's internal quality control reviews in Task 11.1.3. The subconsultant will review the hydrologic data and preliminary hydraulic analysis summary results prepared in the Phase 1 Otak — Scope of Work 29 Alternatives Analysis Report. They will consult with the design team at the start of 30°A) design and will perform progress reviews of the hydraulic model developed under Task 5.8.1.A. The subconsultant has expertise in flood gates and will provide guidance on model setup and review of results for the selected flood gate and operational settings. 5.8.1.0 Preliminary Hydraulic Documentation Otak will prepare a preliminary hydraulic documentation report that summarizes the findings and conclusions from the hydraulic analysis completed in Task 5.8.1.A. The Report will summarize the following topics: • Hydrologic flow rates used in the hydraulic analyses • Hydraulic conditions including water surface elevations, depths, and flow velocities under existing and proposed conditions • Channel stability calculations • Potential areas of channel erosion, sediment deposition • Calculated preliminary scour depths at the crossing structure (100-year, and 500-year event) A draft and final preliminary hydraulic memorandum will be submitted to the City. The final hydraulic analysis for basis of final design will be performed under a future scope of work during final design. TASK 5.8.1 DELIVERABLES • Draft Preliminary Hydraulic Analysis Report (pdf) • Final Preliminary Hydraulic Analysis Report (pdf) TASK 5.8.1 ASSUMPTIONS • SRH-2D or HEC-RAS 2D software will be used for development of the hydraulic model. • Velocities and stream power will be used to perform a qualitative assessment of potential erosion and deposition under proposed conditions, and no quantitative sediment transport calculations will be performed. • Wood stability calculations will not be performed during the preliminary hydraulic analysis to support 30% design. • City will provide one list of consolidated comments on the draft report. Comments will be addressed and incorporated into the final report. • The final hydraulic analysis for basis of final design will be developed under future scopes of work during final design. 6.0 Alternatives Analysis 6.9 Alternatives Analysis Report - Phase 2 Otak previously prepared a Draft Alternatives Analysis Report under a separate task. Under this Task 6.9, Otak will update the report to summarize findings of alternatives refinement work performed under Task 6.3 thru Task 6.8. The report will include a recommendation for a preferred alternative. TASK 6.9 DELIVERABLES • Alternatives Analysis Report Phase 2 (Draft and Final, electronic pdf) Otak — Scope of Work 30 TASK 6.9 ASSUMPTIONS • City will provide one list of consolidated comments on the draft Phase 2 Alternatives Analysis Report. Comments will be addressed and incorporated into the final report. 7.0 Geotechnical Services (Subconsultant) 7.2 Geotechnical 30% Preliminary Design The Phase 1 Geotechnical Investigation performed under a previous contact identified the presence of underlying liquifiable soils and the need for ground improvements beneath proposed structural elements. Under Task 7.2, a geotechnical subconsultant will prepare 30% design plans and a construction cost estimate for the bid items related to the ground improvements work to be incorporated into the master estimate prepared under Task 11.1.2. TASK 7.2 DELIVERABLES • 30% Design plan sheets for ground improvements to be incorporated into plan set developed under Task 11.1 (half-size pdf) • Construction Cost Estimate for ground improvements bid items TASK 7.2 ASSUMPTIONS • A detailed scope will be developed with the geotechnical subconsultant at a later date and submitted to the City. An amendment will be prepared to update this scope task prior to commencement of this task work. The task level of effort for the geotechnical 30% design has been estimated for this Amendment No. 2. If required, the task fee will be re -negotiated with the City and modified through a future amendment. 8.0 Utility Coordination 8.1 Franchise Utility Coordination Under a previous contract, Otak identified utilities known to be present at the site and received some utility as - built drawings from utility providers, and a preliminary utility map was developed. Under this Task 8.1, Otak will update the map to reflect the preferred alternative improvements selected by the City to be advanced into 30% design. Otak will prepare a spreadsheet/matrix summarizing utility conflict locations and actions to be taken. Permit requirements for each location will be included in the matrix. This document will be updated whenever new information becomes available to assure that all utility coordination activities are tracked. Otak will begin communications with franchise utility companies (power, gas, telecommunications, water and sewer, etc.) following the selection of a preferred alternative by the City, to verify locations of existing facilities and to discuss any potential relocation requirements, cost, schedule and recommendations on location of new facilities. It is anticipated that up to three (3) utility coordination meetings will occur with franchise or City utilities that are determined to have conflicts or require relocation. Otak will make recommendations for utilities to be potholed to confirm location after the 30% design. TASK 8.1 DELIVERABLES ■ Utility Coordination Plan ■ Utility Coordination Tracking Matrix TASK 8.1 ASSUMPTIONS ■ Design of relocated utilities will be at franchise utility's expense and is not included in this scope. Otak — Scope of Work 31 ■ No major utility conflicts, that cannot be relocated by the Utility franchise is known or assumed to exist. ■ Potholing of utilities to verify the underground location is not included in this scope but is recommended to be performed after 30% design. 9.0 Stakeholder Engagement 9.2 Agency and Stakeholder Coordination At the City's request, Otak will support the City in coordination with agencies, tribal representatives, and stakeholders to address project designs and respond to comments. Otak will review and provide available information from previous data collected at the site, as requested. As the level of effort for comment responses and coordination cannot be quantified at this time, a total level of effort of 70 hours of staff time is assumed for this scope task. TASK 9.2 DELIVERABLES • Meeting notes (PDF) • Email responses to agency and stakeholder comments 9.4 Engagement Materials At the City's request, Otak will support the City with graphics to communicate project information to the public or other interested parties or agencies such as improvement area maps, impact area maps, schedule, visualizations, presentation slides, content for web postings, and GIS data. As the level of effort for engagement materials and coordination cannot be quantified at this time, a total level of effort of 150 hours of staff time is assumed for this scope task. TASK 9.4 DELIVERABLES • Deliverables are anticipated to include graphics in electronic PDF format, as requested by the City. TASK 9.4 ASSUMPTIONS • Available task budget and the scope of requested deliverables will be discussed with the City project manager prior to commencing work on the requested deliverable. 11.0 Preliminary Design of Preferred Alternative 11.1 Preliminary Design - 30% 11.1.1 30% Preliminary Plans Otak will advance the preferred alternative, selected by the City, to a preliminary (30%) design level. The primary objective of the Preliminary Design is to allow the City to confirm the technical feasibility, cost feasibility, compliance with permitting and grant requirements, maintenance feasibility and practicality, and buy -in from interested parties. Otak will prepare and submit Preliminary (30%) plans, listed in Table 3, that will include plan views of the crossing Otak — Scope of Work 32 structure, crossing structure head walls, site retaining walls, trail, parking lot and habitat grading areas. The plans will also include sufficient preliminary details to illustrate how the facilities will operate and maintenance access will be provided. Table 1 — Anticipated List of Drawings Description Cover sheet, Vicinity Map, drawings, TOC Included in Preliminary Design Scale N/A 1 Legend and Abbreviations 1 N/A General Notes, Phasing 1 N/A Overall Site and Key Plan 1 1":50' Survey Control Plan and Easements 1 1":50' Traffic Control Plans and/or Detour Plans and Details 1 1":50' Utility Relocation Coordination Plan and Details 2 1":20' Crossing Structure Plan and Section 1 1":10' Outlet Headwall Elevation View 1 1": 10' Inlet Headwall Elevation View 1 1":10' 66th Ave. S Rd Restoration Plan and Profile 1 1 ":20' Green River Trail Plan and Profile 2 1 ":20' Parking Lot Pavement Plan 1 1":20' Site Structural Details 2 N/A Upstream Habitat Grading and Large Woody Material Plan 1 1":20' Upstream Habitat Grading Section Details 2 N/A Confluence Habitat Grading and Large Woody Material Plan 2 1":20' Confluence Habitat Grading Section Details 2 N/A Large Woody Material Details 1 N/A Upstream Habitat Planting Plan 1 1":20' Confluence Habitat Planting Plan 1 1":20' Flood Gate Electrical Site Plan 1 1":20' Flood Gate Details 1 N/A TOTAL SHEETS 29 11.1.2 30% Construction Cost Estimate Otak will estimate quantities and develop an itemized construction cost estimate for one bid package using unit costs based on experience and recent similar project bid tabs. Quantities will be organized into standard bid items (supplemented by additional non-standard items, if necessary) conforming to the project bid schedule. The construction cost estimate will include appropriate contingencies to reflect the level of design complete. 11.1.3 Perform Quality Assurance and Quality Control Otak will implement Quality Assurance and Quality Control to provide ongoing review on all hydrologic and hydraulic modeling and site civil, structural, and landscape design throughout the design of the improvements. Otak will provide quality assurance on all deliverable products to support this task, including work performed by sub -consultants, and submit quality control check -list for all documents produced in this Task 11.1. This task includes: Otak — Scope of Work 33 1. Quality Review Checklist signed off by PM, Task Leads and an independent reviewer (as part of Task 5.8.1 B) 2. Reviewer Comments review meeting with the City 3. Written Responses to review comments TASK 11.1 DELIVERABLES 1. Project Preliminary Plans, as listed in Table 1, will be prepared in AutoCAD, and submitted as PDF half -sized. 2. Construction Cost Estimate submittal includes electronic PDF. TASK 11.1 ASSUMPTIONS 1. Work will be performed in accordance with WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2025 edition). 2. No specifications will be included in the 30% Preliminary Design submittal. 3. Adjustments or relocation of franchise utility will be designed and constructed by the franchising public/private utility company(ies), unless directed otherwise in future scopes of work for final design. 4. The Preliminary design will be based on the design concepts and layout of the Selected Alternative, selected in Phase I of the project. 5. Tukwila will consolidate duplicate comments and approve or remove comments from all City reviewers prior to delivery to Consultant. 6. Major design conceptual changes from the Selected Alternative, from Phase I, is not included in this scope and fee estimate. If major changes are required to the concepts or layout of the Preliminary Design, then Otak will assess the impact of the City required or desired changes, develop and submit contract supplement, with the scope and fee estimate needed to revise the design submittal, and a request to Tukwila for approval to use the Management Reserve Continency to revise the Preliminary Design. 11.2 Value Engineering Review Otak will conduct a value engineering review of the concept design for the preferred alternative developed under Task 6.9. This review will be performed by a team of senior professional staff with a representative from each of the following disciplines: o Water Resources Engineering o Transportation Engineering o Structural Engineering o Landscape Architecture Each review participant will review the Phase 1 Alternatives Analysis Report, alternatives refinement summaries, and preferred concept plans and cost estimate developed under tasks 6.3-6.8. The value engineering review staff will identify opportunities to reduce cost, and ease maintenance of the new facilities, while still meeting the goals of the project, which are described in detail in the Alternatives Analysis. The Value Engineering team will have a kickoff meeting with the project engineer and key designers at the start of the task. During the review, the value engineering team will participate in a progress meeting with the City to and task leads from the design team to discuss review questions and preliminary comments. Final comments from each reviewer will be entered into a table with subcategories for the different disciplines. This table will be submitted to the City for review so any direction for design changes can be given to the design team before completion of the 30% Design. Otak — Scope of Work 34 TASK 11.2 DELIVERABLES • Matrix of value engineering review comments on the concept plans and cost estimate for the preferred alternative (pdf) TASK 11.2 ASSUMPTIONS • This study will precede the 30% Design and Constructability Review tasks, and will provide concerns to be addressed in Task 11.1 and Task 11.3. 11.3 Constructability Review Otak will coordinate and review all work provided by its constructability review subconsultant. Coordination will include scheduling of work, scheduling of meetings, oversight and review of subconsultant deliverables. The Constructability Review will provide comments on construction access, shoring and dewatering methods, traffic control, schedule, and cost from a Contractor's perspective. This will include a field visit and review of the preliminary plans once they are developed to a Draft 30% Level. The constructability review subconsultant will perform the following items: 1. Site Visit 2. Review Preliminary Design and provide comments on the following: a. Means and methods for excavation and shoring especially along liquifiable soils. b. Construction sequencing and staging c. Traffic Control d. Options for accelerating work such as full and partial road closure and night work e. Recommendations for Special Provisions TASK 11.3 DELIVERABLES • Memo summarizing constructability review comments (pdf) • Plan markups (pdf) TASK 11.3 ASSUMPTIONS • This task will be implemented after the Value Engineering Review in Task 11.2 and during the 30% Design. Management Reserve If directed by the City, consultant will provide services needed to assist the City for unforeseen tasks related to this project that were not specifically addressed in this scope of work. When requested by the City, the consultant will provide a scope and budget for the task identified by the City. The consultant will not proceed with the task until written authorization has been provided by the City. The allotted amount for this task is $20,000.00. Direct Expenses Direct expenses to be submitted for reimbursement include: • Mileage/Travel for site investigations and meetings • Other Misc. Expenses Attachment A — Survey Extents Map Otak — Scope of Work 35 Attachment A - Supplemental Survey Extents Map Otak — Scope of Work 36 Otak Exhibit B-2 City of Tukwila - Gilliam Creek Fish Barrier Removal and Habitat Enhancement Fee Estimate - AMENDMENT NO. 2 Otak Project #020610.003 November 2024 WATER & NATURAL RESOURCES ENGINEERING STRUCTURAL TRANSP & INFRASTRUCTURE PLANNING & LANDSCAPE SURVEY ADMIN Task Description Sr. PIC/Sr. PM Civil PIC/Sr. PM Civil Civil Engineer Civil Engineer VIII Engineering Designer V Scientist VI (Hydrologist ) PIC/Sr. PM Civil Civil EngineerX Civil Engineer VII PIC/Sr. PM Civil Civil EngineerX Civil Engineer VII Engineering Designer V Engineering Tech IV Sr. PIC/Sr. PM LA/Mst Pln Landscape Architect VII Landscape Architect V Landscape Architect IV Planner IV Graphics Specialist Profession al Land Surveyor V Survey Crew Chief II Survey Crew Chief I Survey Field Tech III Survey Office Tech IV Project Coordinat or I Otak Total Hours Otak Budget by Sub -Task Sub - Hydraulic QA/QC & Gate Design Sub - Geofechnic al Sub - Constructabili ty Review Total Budget By Sub -Task Total Budget By Task 1.0 Project Management and Coordination $62,458.00 1.1 Coordination with City 12 70 30 20 132 $34,396.00 $34,396.00 1.4 Project Monitoring and Reporting 4 70 40 114 $28,062.00 $28,062.00 4.0 Topographic Survey and Basemap $15,228.00 4 2 Supplemental Topographic Surveying and Mapping of Green River 12 24 24 24 32 116 $15,228.00 $15,228.00 5.0 HYDRAULIC ANALYSIS $113,632.00 5.6 Gilliam Creek Flap Gate Replacement Flood Study -Proposed Conditions 44 12 90 20 180 346 $79,562.00 $79,562.00 5 7 Gilliam Creek Flap Gate Replacement Flood Study Report 18 8 60 34 32 6 158 $34,070.00 $34,070.00 5 8 Open Channel Hydraulic Analysis for Proposed Improvement Area $83,860.00 5.8.1.A Preliminary Hydraulic Analysis 20 8 160 50 40 278 $58,860.00 $58,860.00 5.8.1.8 Hydraulic Analysis QNQC (SUB) 0 $0.00 $25,000.00 $25,000.00 6.0 Alternatives Analysis $16,114.00 6.9 Alternatives Analysis Report- Phase 2 2 14 50 6 72 $16,114.00 $16,114.00 7.0 Geotechnical Services $30,000.00 7.2 Geotechnical 30% Preliminary Design (SUB) 0 $0.00 $30,000.00 $30,000.00 8.0 Utility Coordination $13,452.00 8.1 Franchise Utility Coordination 8 16 50 74 $13,452.00 $13,452.00 9.0 Stakeholder Engagement $53,794.00 9.2 Agency and Stakeholder Coordination 12 24 24 32 92 $18,108.00 $18,108.00 9.4 Engagement Materials 6 24 6 34 20 36 32 44 202 $35,686.00 $35,686.00 11.0 Preliminary Design of Preferred Alternative $360,464.00 11.1 Preliminary Design - 30% 11.1.1 30% Preliminary Plans 28 66 110 180 88 180 36 70 120 100 20 40 86 1124 $212,058.00 $32,000.00 $244,058.00 11.1.2 30% Construction Cost Estimate 12 20 40 12 20 8 16 30 4 8 14 184 $34,492.00 $34,492.00 11.1.3 Perform Quality Assurance and Quality Control 20 12 20 12 64 $17,016.00 $17,016.00 11.2 Value Engineering Review 2 32 8 32 32 32 138 $39,898.00 $39,898.00 11.3 Constructability Review (SUB) 0 $0.00 $25,000.00 $25,000.00 Total Hours 128 288 52 592 374 252 44 100 200 52 44 86 150 100 38 70 92 136 64 44 12 24 24 24 32 72 3,094 Billing Rate $348.00 $305.00 $241.00 $207.00 $154.00 216.00 $305.00 $241.00 $191.00 $305.00 $241.00 $191.00 $154.00 $121.00 $325.00 $203.00 $163.00 $150.00 $174.00 132.00 251.00 125.00 97.00 95.00 144.00 133.00 Total Labor Cost $44,544.00 $87,840.00 $12,532.00 $122,544.00 $57,596.00 $54,432.00 $13,420.00 $24,100.00 $38,200.00 $15,860.00 $10,604.00 $16,426.00 $23,100.00 $12,100.00 $12,350.00 $14,210.00 $14,996.00 $20,400.00 $11,136.00 $5,808.00 03,012.00 23,000.00 $2,328.00 $2,280.00 $4,608.00 $9,576.00 $637,002.00 $57,000.00 $30,000.00 $25,000.00 $749,002.00 $20,000.00 $950.00 $749,002.00 $20,000.00 $950.00 100 Management Reserve 050 Direct Expenses Project Total $769,952.00 $769,952.00 Notes: (1) Billing rates may vary based on the actual staff performing the work. 37 O:\PROJECT\20600\20610\08 Corporate \ Contacts \Scoping\09_20610.003 Amend 2\GCFBR_Amend 2 LOE_Draft_2024_1112 Page 1 of1 11/21/2024 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 38 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, 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: November 22, 2024 SUBJECT: Amendment to ILA 19-184 with King County Conservation Futures Grant Awards for S 131st St Drainage Improvements (Project No. 91641204) and Duwamish Hill Preserve (Project No. 91730103) ISSUE Authorize an amendment to the Interlocal Cooperation Agreement (ILA) between King County and the City of Tukwila for Conservation Futures -funded Open Space Acquisition Projects that will provide grant funding for two City projects: S 131st St Drainage Improvements and Duwamish Hill Preserve, pending legal review. BACKGROUND In February 2024, City staff submitted an application to the King County Conservation Futures Grant program (CFT) to fund acquisition and site stabilization activities related to the S 131st St Drainage Improvements project. This is a multi -phase effort to reduce flooding on public ROW and private property, reduce maintenance, increase water quality treatment, and expand habitat, among other goals. The amendment provides CFT funding to the City to acquire and redevelop two parcels on S 131st St for in - stream and stream buffer habitat, floodplain connection, and water quality treatment. The exact features are still being designed by Consultant, PACE Engineers. In March 2024, the City and Forterra acquired two parcels adjacent to Duwamish Hill Preserve (1023049072 and 3351400005) and expanded the park by 0.35 acres. Acquisition of these properties is depicted in the park master plan and supports open space goals and shoreline restoration work associated with the current surface water CIP, Duwamish Hill Preserve Phase 3. The properties were purchased with $335,000 in previously -awarded CFT funds and with $125,000 of city surface water enterprise funds. The $220,000 cost increase included in this amendment will reimburse the city for its expenses with balance remaining. DISCUSSION City staff were recently notified that both our new application for S 131 st St was awarded full funding, and that our cost increase for Duwamish Hill Preserve was granted. The City is currently completing preliminary design for the S 131st St Drainage Improvements Project and intends to acquire the target parcels in the next biennium. The Duwamish Hill Preserve parcels have already been acquired, and project feasibility and alternative design work is slated to begin in 2025. FISCAL IMPACT Grant Award Required Match Match Source Total S 131st St Drainage $744,375 $248,125 Ecology Grant $992,500 Duwamish Hill Preserve $220,000 waived NA $220,000 RECOMMENDATION Authorize an amendment to ILA 19-184 between King County and the City of Tukwila, pending Legal review, accepting $964,375 in grant funds and consider this item under Unfinished Business on December 2nd Attachments: ILA 19-184 Vicinity Maps 39 19-184(b) Council Approval 3/4/24 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF TUKWILA and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the l lth day of December, 2019, as previously amended. The parties agree to the following amendment: The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment 2. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF TUKWILA DocuSigned by: Dow Constantine Thomas McLeod King County Executive Date: Date: Mayor 3/11/2024 1 9:33 PM PDT Approved as to form: Approved as to form: Leesa Manion King County Prosecuting Attorney DocuSigned by: EGAi ZaA,ct, 5F4a9r.A41E5E452 Kari Sand City Attorney Amendment 2 Page 1 Tukwila -King County Interlocal Cooperation Agreement 40 EXHIBIT 1 2022 AND 2024 CONSERVATION FUTURES LEVY PROCEEDS CITY OF TUKWILA ALLOCATION Jurisdiction Project Name Allocation Forterra and Tukwila joint project Duwamish Hill Preserve Addition #2 (2022 Allocation) $365,000 Tukwila Nelsen Side Channel Acquisition (2024 Allocation) $150,000 TOTAL $515,000 Project Description: Project #1139013 (Award #1141631): Forterra NW & Tukwila — Duwamish Hill Preserve Addition #2 (2022 Allocation) Forterra and the City of Tukwila are working in partnership to expand the 10.5-acre Duwamish Hill Preserve. This project would add 0.36 acres to the southeastern part of the preserve. The acquisition would protect the site from potential development near the preserve gateway, buffer the preserve from adjacent residential uses, and allow for implementation of Phase III of the master plan including expansion of the gateway area, revegetation, and restoration. This project received a match waiver. As a partnership project, this funding is being included in both the Forterra NW and Tukwila King County CFT Agreements. Project funding is approved in King County Ordinance 19364. Is this a Bond -financed Project? Yes Project #1145699: Tukwila — Nelsen Side Channel Acquisition (2024 Allocation) The City of Tukwila seeks to create rare off -channel rearing habitat on the Lower Green River for juvenile salmon. The city will acquire a single 1.46-acre parcel and set back the levee to reconnect the river with its historic remnant channel. The city intends to provide public shoreline access here and expand signage and wayfinding to facilitate connections to the Green River and Interurban Trails. Match will come from city funds or other grant funding. This award requires match equal to 25% of total project costs, reflecting the new match policy implemented July 2023 and adopted in the prior amendment. Project funding was authorized in King County Ordinance 19712. Is this a Bond -financed Project? No Amendment 2 Page 2 Tukwila -King County Interlocal Cooperation Agreement 41 19-184(a) Council Approval 3/4/24 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for policy updates. THIS AMENDMENT is entered into between the CITY OF TUKWILA and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the llth day of December, 2019 . Section 5.2 is updated with the additional language as underlined below: Section 5.2 — Use of Proceeds. Proceeds provided to the City pursuant to this agreement as well as moneys provided by the City as match pursuant to this agreement may be used only to pay capital costs related to property acquisition and initial site stabilization activities. Those costs include appraisals, title searches, negotiations, administrative overhead, and the cost of actual acquisition or purchase options, and all other costs meeting the requirements of K.C.C. 26.12.010. The City shall have the property valued by an appraisal performed by an independent state -certified real estate appraiser with a current general real estate appraiser license, and reviewed by an independent state -certified general real estate appraiser unless otherwise provided in K.C.C. 26.12.010. In requesting reimbursement of proceeds for the Project, the City shall demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant to this agreement may not be used to purchase land obtained through the exercise of eminent domain. The first sentence of Section 6.1 is deleted and replaced with the following: Except for acquisitions of property interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by Conservation Futures Levy proceeds shall be supported by the City in which the Project is located with a matching contribution, which is no less than twenty-five percent of the total costs of the Project including the value of the matching contribution provided by the City. The second paragraph of Section 6.4 is updated with the additional language as underlined below: The City shall not change the status or use of properties acquired with proceeds provided pursuant to this agreement unless the City provides equivalent lands or cash in exchange for the land to be changed to a different use, or a combination of land and cash reimbursement is provided. The land shall be valued in its changed Amendment 1 Page 1 Tukwila -King County Interlocal Cooperation Agreement 42 status or use, and not based upon its value as open space, and the replacement land or payment amount must be approved by the County. If requested by the County, at its own cost the City will provide the County an appraisal performed within the previous year by an independent state -certified real estate appraiser with a current general real estate appraiser license. The value established by the appraisal will not be binding on the County. If the County approves replacement land, the City shall complete the replacement within one year of approval. If the County approves cash reimbursement, the City shall pay the County within 90 days of approval. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment 1. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF TUKWILA Dow Constantine King County Executive Acting under the authority of Ordinance 19646 Date: Approved as to form: Leesa Manion King County Prosecuting Attorney DocuSigned by: REE24380545R44C. Thomas McLeod Mayor Acting under the authority of ILA No. 19-184 Date: 3/11/2024 1 9:33 PM PDT Approved as to form: FDocuSigned by: GAL ZaAvd. 5E499CA4165E452... Kari Sand City Attorney Amendment 1 Tukwila -King County Interlocal Cooperation Agreement Page 2 43 19-184 Council Approval 11/4/19 INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR CONSERVATION FUTURES -FUNDED OPEN SPACE ACQUISITION PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is a grant agreement entered into between the CITY OF TUKWILA ("City") and KING COUNTY ("County"). Article I. Recitals On February 27, 1989, the King County Council passed Ordinance 8867, which established a process to allocate the proceeds of the Conservation Futures Fund. On September 21, 1989, the King County Council passed Ordinance 9128, which established a Conservation Futures Levy Fund to provide for the receipt and disbursement of Conservation Futures tax levy proceeds and established conditions for use of the Fund, including conditions covering allowable cost and expenses. On July 21, 2003, the King County Council passed Ordinance 14714, authorizing funding allocation procedures for King County Conservation Futures tax levy collections and amending Ordinance 8867, Section 2, as amended. The Conservation Futures Advisory Committee has recommended an allocation of Conservation Futures proceeds to specific projects from the Conservation Futures Levy Fund following notification to the cities that proceeds were available, provision of an opportunity for the cities to respond and receipt by the committee of requests for funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714. 1 44 Starting in 1990 and through 2017, the King County Executive, as authorized by the King County Council, executed Interlocal Cooperation Agreements for Conservation Futures funded open space acquisition projects with the cities of Auburn, Bellevue, Black Diamond, Bothell, Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park District. Many of these agreements were amended over time to add new projects. Those existing Interlocal Cooperation Agreements remain in place with an indefinite term for the projects for which Conservation Futures proceeds were disbursed. The agreements require the properties to be maintained as open space in perpetuity. The King County Council, by Ordinance 18978, has approved a new Interlocal Cooperation Agreement template for future projects in order to add terms for the use of bond proceeds for certain projects, achieve consistency between the agreement and the King County Code, and make other technical changes. Pursuant to chapter 39.34 RCW, the parties agree to the following: Article II. Definitions 1. Open Space The term "open space" or "open space land" means: (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly; or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or 2 45 water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space, or (v) enhance recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land of not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farms and agricultural conservation under subsection (8) of RCW 84.34.020. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands. 2. Project The term "Project" means the specific projects described in Exhibit A or added by follow-on amendments to disburse proceeds entered pursuant to Section 8.2 of this Agreement. 3. Conservation Futures The term "Conservation Futures" means developmental rights which may be acquired by purchase, gift, grant, bequest, devise, lease or otherwise, except by eminent domain, and may consist of fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to protect, preserve, maintain, improve restore, limit future use of, or otherwise conserve open space land, all in accordance with chapter 84.34 RCW and K.C.C. chapter 26.12. 3 46 Article III. Purpose of the Agreement The purpose of this Agreement is to create a cooperative arrangement between the City and the County relating to the Project and to define the terms and conditions governing both parties' obligations created by this agreement. Article IV. Term of Agreement This Agreement shall be continued in full force and effect and binding upon the parties hereto upon execution of the Agreement by both parties. The terms of the Agreement shall be indefinite. The Agreement will be terminated if the City is unable or unwilling: 1) to expend the proceeds provided through this Agreement; 2) to satisfy the matching requirements contained in this Agreement. If this Agreement is terminated as set forth herein, the City shall reimburse the County all unexpended proceeds provided by the County pursuant to this Agreement in the manner and amounts described below and payment of all amounts due pursuant to Section 8.1. Article V. Conditions of Agreement Section 5.1 -- Project Descriptions. Proceeds available pursuant to this Agreement may be used only for the Projects listed in Exhibit A, such substituted Projects as may be approved by the County as set forth below, or Projects added by follow-on amendments to disburse proceeds pursuant to Section 8.2 of this Agreement. All County funded Projects must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12. Section 5.2 -- Use of Proceeds. Proceeds provided to the City pursuant to this Agreement as well as moneys provided by the City as match pursuant to this Agreement 4 47 may be used only to pay capital costs related to property acquisition. Those costs include appraisals, title searches, negotiations, administrative overhead, and the cost of actual acquisition or purchase options, and all other costs meeting the requirements of K.C.C. 26.12.010. The City shall have the property valued by an appraisal performed by an independent state -certified real estate appraiser with a current general real estate appraiser license, and reviewed by an independent state -certified general real estate appraiser. In requesting reimbursement of proceeds for the Project, the City shall demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant to this Agreement may not be used to purchase land obtained through the exercise of eminent domain. Section 5.3 -- Completion/Substitution/Deletion of Projects. The City shall complete the Project described in Section 5.1 of this Agreement within a two year period from the effective date of the County ordinance appropriating funding for the Project. If the City does not meet this two year requirement, unless the City demonstrates to the Advisory Committee a compelling reason for continuance of CFT funding for the Project beyond the two-year limit or a reprogramming request is timely approved as provided for below, the County shall be released from any obligation to fund the Project, and the County in its sole discretion may reallocate such proceeds for other projects in other jurisdictions. The City may submit specific requests for project reprogramming to the County for its approval within the two year period. All projects proposed for reprogramming must meet open space criteria as described in chapter 84.34 RCW and K.C.C. chapter 26.12, be submitted for recommendation by the County's Advisory 5 48 Committee or its successor, and be approved by action of the King County Council. All reprogramming requests shall be submitted to the County's Department of Natural Resources and Parks, Open Space Acquisitions Unit, or its successor. Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property, all proceeds provided pursuant to this Agreement plus accrued interest on such proceeds shall be reprogrammed as provided in this Agreement or repaid to the County. Article VI. Responsibilities of the City Section 6.1 -- Matching Requirements. Except for acquisitions of property interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project funded by Conservation Futures Levy proceeds shall be supported by the City in which the Project is located with a matching contribution, which is no less than the amount of Conservation Futures Levy proceeds allocated to the Project. This contribution may be in the form of cash, land match with a valuation verified by an appraisal by an independent state - certified real estate appraiser with a current general real estate appraiser license, or the cash value, excluding King County conservation futures contributions, of other open spaces acquired within the previous two years from the date of submittal of the application by the City. The appraisal, to be reviewed, shall have been performed within two years of the application deadline set for the annual allocation of conservation futures tax levy proceeds under which the Property received funding. Properties considered as land match or cash value of other open space acquisitions should be directly linked to the property under application. Any City match, other than cash, shall require County 6 49 approval. County approval and County acceptance of the City's match will be transmitted in writing to the City by the County's Designated Representative. Section 6.2 -- Reporting. All proceeds received pursuant to this Agreement and accrued interest therefrom will be accounted for separately from all other City moneys, accounts and moneys. Until the property described in the Project is acquired and all proceeds provided pursuant to this Agreement have been expended, the City shall provide the reports required by K.C.C. 26.12.035. Section 6.3 -- Disposition of Remaining Proceeds. If the City does not expend all proceeds obligated to be provided through this Agreement and no substitute project is requested or approved as to the excess proceeds, such proceeds, if held by the City, shall be refunded to the County. For purposes of this section, "proceeds" shall include all moneys obligated to be provided by the County plus interest accrued by the City on such moneys. Any proceeds in excess of those required to be provided by the County for the actual costs of the Project shall remain with the County for use in its sole discretion. Section 6.4 -- Maintenance in Perpetuity. Except as provided in this Section 6.4,the City, and any successor in interest, agree to maintain properties acquired with proceeds provided pursuant to this Agreement as open space in perpetuity and, as required by the County, to include in the real property records notice of this restriction. Projects carried out by the City in whole or in part with funds provided for under the terms of this Agreement shall not be transferred or conveyed except by Agreement with an agency or nonprofit organization as defined in K.C.C. 26.12.003, which shall provide that the land or interest in land shall be continued to be used for the purposes of K.C.C. 7 50 chapter 26.12, and in strict conformance with the uses authorized under chapter 84.34 RCW. The City shall not change the status or use of properties acquired with proceeds provided pursuant to this Agreement unless the City provides equivalent lands or cash in exchange for the land to be changed to a different use. The land shall be valued in its changed status or use, and not based upon its value as open space, and the replacement land or payment amount must be approved by the County. If requested by the County, at its own cost the City will provide the County an appraisal performed within the previous year by an independent state -certified real estate appraiser with a current general real estate appraiser license. The value established by the appraisal will not be binding on the County. If the County approves replacement land, the City shall complete the replacement acquisition within one year of approval. If the County approves cash reimbursement, the City shall pay the County within 90 days of approval. Section 6.5 — Tax Covenants. The City acknowledges that proceeds provided by the County for a Project may be proceeds of tax-exempt bonds (the "Bonds") subject to certain requirements of the Internal Revenue Code of 1986, as amended (the "Tax Code"), including any implementing regulations and any administrative or judicial interpretations. The City will comply with Tax Code requirements, including those set forth in Exhibit B, which is incorporated herein, applicable to Bond -financed Projects identified in Exhibit A, which is incorporated herein, as well as Bond -financed Projects identified in subsequent amendments to this Agreement. Article VII. Responsibilities of the County 8 51 Subject to the terms of this Agreement, the County will provide Conservation Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as well as in those amounts and for those Projects identified in subsequent amendments to this Agreement. The City may request additional proceeds; however, the County has no obligation to provide proceeds to the City in excess of the amount shown in Exhibit A. The County assumes no obligation for future support of the Project described herein except as expressly set forth in this Agreement. Article VIII. Other Provisions Section 8.1 -- Hold Harmless and Indemnification. A. The County assumes no responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, contractors or others by reason of this Agreement. The City shall protect, indemnify and save harmless the County, its officers, agents and employees from any and all claims, cost and whatsoever occurring or resulting from: 1) the City's failure to pay any compensation, fees, wages, benefits or taxes; and 2) the supplying to the City of work, services, materials or supplies by City employees or agents or other contractors or suppliers in connection with or in support of performance of this Agreement. B. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts of this Agreement by the City, its officer, employees, agent or representatives arising out of the performance of the terms of this Agreement. 9 52 C. The City shall protect, indemnify and save harmless the County from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees or agents in the performance of its obligations under the terms of this Agreement. For the purposes of this Agreement only, the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Title 51 RCW to the extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards and costs arising therefrom including attorney's fees. D. To the extent permitted by law, and except to the extent caused by the sole negligence of the County, the City agrees, at its expense, to pay, and to indemnify and hold the County, its officers, employees or agents harmless of, from and against, any and all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits and other proceedings and costs and expenses (including attorneys' fees) of every conceivable kind, character or nature whatsoever, arising directly or indirectly from or out of, or in any way connected with any examination or audit of any Bond issued to finance or refinance costs of any Bond -financed Project identified in Exhibit A as well as Bond -financed Projects identified in subsequent amendments to this Agreement by the Internal Revenue Service, or any determination by the Internal Revenue Service or a court of competent jurisdiction that the interest on any such Bond is or should be subject to federal income taxation; provided, however, that the City shall not be liable for any payment made by the County with respect to any settlement of any such examination or 10 53 audit, or of any other proceeding related thereto, entered into without the consent of the City. Section 8.2 -- Amendment. The parties reserve the right to amend or modify this Agreement. Amendments or modifications to disburse proceeds approved by the County Council must be by written instrument signed by the parties substantially in the form of Exhibit C. Other amendments also must be approved by the respective City and County Councils. Section 8.3 -- Contract Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this Agreement. No waiver shall be effective unless made in writing. Section 8.4 -- Entirety. This Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This Agreement merges and supersedes all prior negotiations, representations and Agreements between the parties relating to the Project and constitutes the entire Agreement between the parties. The parties recognize that time is of the essence in the performance of the provisions of this Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: 11 54 KING COUNTY CITY OF TUKWILA Dow nstantine Allan Ekberg KingL4ounty Executive Mayor Date: Acting under the authority of Ordinance 18978 Approved as to form: Dan Satt berg King County Prosecuting Attorney City Attorney Date: Approved as to form: 12 55 EXHIBIT A 2019 & 2020 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATIONS Jurisdiction Project Allocation Tukwila Duwamish River Habitat Corridor (2019 award) $335,000 Tukwila Duwamish River Habitat Corridor (2020 award) $335,000 Tukwila Equitable Access Initial Acquisition Work (2020 award) $25,000 TOTAL $695,000 Project Description: Project #1133810: Tukwila — Duwamish River Habitat Corridor (2019 award) Tukwila is awarded funding to acquire a 0.93-acre parcel 073300-0225 located next to the Green River Trail to provide riverfront public access and restoration opportunity along the Duwamish River. This site offers passive park opportunity, with trails and viewpoints, in a neighborhood with no other passive parks. The property contains 160 feet of tidally influenced shoreline within the Duwamish River transition zone. Project funding was authorized in King County Ordinance 18835. Is this a Bond -financed Project? No Project #1136984: Tukwila — Duwamish River Habitat Corridor (2020 award) The City of Tukwila received an award of $335,000 CFT in FY 2019 annual dollars for this proposal to acquire 0.93-acre (parcel 0733000225) on the Duwamish River. The city is returning this year to seek a match waiver and apply for the remaining $335,000 in funding necessary to complete the project. This project was determined to be an opportunity area project eligible for a match waiver (see Section 6.1 of the ILA), so the local funding match requirement was waived for both the 2019 and the 2020 awards. Project funding was authorized in King County Ordinance 18987. Is this a Bond -financed Project? Yes 13 56 Project # 1136851: Tukwila — Equitable Access Initial Acquisition Work (2020 award) This project is for initial acquisition work to help identify a new open space acquisition to serve open space equity needs in Tukwila. The project proposes to use the requested funding for title, appraisal, and start-up work on mapped parcels in the city that meet all three defined criteria for a match waiver. This project is not property -specific. City cash match is required for this project. Project funding was authorized in King County Ordinance 19021. Is this a Bond -financed Project? No 14 57 EXHIBIT B Tax Covenants The City acknowledges that proceeds provided by the County for the Project may be proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all actions with respect to the Project, and proceeds received for the Project, necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds, including but not limited to the following: (a) Expenditure of Proceeds. The City will expend proceeds of the Bonds received from the County for capital expenditures for federal income tax purposes within the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness incurred for capital expenditures of the Project. (b) Notice. The City will provide notice of action taken or planned to issue any tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to finance Project costs. (c) Treatment as Grant. (1) The City is a governmental entity possessing substantial taxing, eminent domain and police powers and constituting a political subdivision of the State. (2) The City is not acting as an agent of the County. (3) The grant of proceeds for the Project does not impose any obligation or condition to directly or indirectly repay any amount to the County (excluding obligations or conditions intended solely to assure expenditure of the transferred moneys in accordance with the governmental purpose of the transfer). (4) The grant is required to be used for open space as required under Article II but does not impose any conditions relating to the use of the Project or other property of the City by the County or any of its agencies or authorities. (5) This agreement is a grant agreement. (d) Limitations on Disposition of Project. The City will not sell or otherwise dispose of any components of the Project without prior approval by the County and compliance with timeframes for completion of land replacement or cash reimbursement as provided in Section 6.4. (e) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bond proceeds received and with respect to the 15 58 Project for at least three years after the Bonds mature or are redeemed as provided in the amendment granting such Bond proceeds to the City. (f) Cooperation. The City will provide tax certificates when and as requested by the County or County's bond counsel in order to establish or maintain the tax-exempt status of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue Service, including disclosure of any record, contracts and other materials relating to the Bond proceeds received by the City and the Project. 16 59 EXHIBIT C AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County and certain cities. This amendment is entered into to provide for the allocation of additional proceeds made available for open space acquisition. THIS AMENDMENT is entered into between the CITY OF TUKWILA and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the day of (Month), (Year), as previously amended. The parties agree to the following amendment: The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto. In all other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperation Agreement as previously amended. Once fully executed, this Amendment shall be incorporated into the existing Interlocal Cooperation Agreement as if fully set forth, and shall become Amendment _ IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Dow Constantine King County Executive Date: CITY OF TUKWILA Mayor Date: t 2' - 1- t °1 Approved as to form: Approved as to form: 17 60 Dan Satterberg King County Prosecuting Attorney 18 61 EXHIBIT 1 [YEAR] CONSERVATION FUTURES LEVY PROCEEDS CITY OF ALLOCATION Jurisdiction Project Name (Project Number) Allocation [City Name] [Project Name] ([Project Number]) $ TOTAL $ Project Description: Project #(Project Number' (City Namel — (Project Namel [Project Description used in legislation approving proceeds] Is this a Bond -financed Project? 19 62 ArcGIS Web Map S 112th St Duwarr+sh Hill Preserve Duwprrrfsh River 943 ff s 112th St 5 113th St • S 113th St • • 5 114th St • • 2/15/2024, 8:06:08 AM r 1 Parcels City Limits Buildings ▪ Addresses (Tukwila) 1:4,514 0 0.03 0.05 0.1 mi I I I i 1 1 / 0 0.04 0.08 0.16 km City of Tukwila, King County, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Web AppBluar for ArcGIS Tukwila Technology Services I City of Tukwila, King County I King County I Esri Community Maps Contributors, City of Seattle, King County, WA State Parks GIS, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, 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: November 22, 2024 SUBJECT: Accept a King Couty Flood Control District 2024 Flood Reduction Grant Award Gilliam Creek Erosion Repair Project No. 82541202 ISSUE Accept a King County Flood Control District (FCD) 2024 Flood Reduction Grant for Gilliam Creek Erosion Repair in the amount of $479,631. BACKGROUND In June 2024, City staff submitted an application to the FCD 2024 Flood Reduction grant program to fund design, permitting, and construction for the Gilliam Creek Erosion Repair project. The goal of this project is to stabilize the streambank upstream of the culvert inlet so it can handle repeated, intense urban flooding. In the short term, the main goal is to prevent flooding and protect nearby property by reinforcing the streambanks near the culvert. This temporary protection will be in place until the City can create a lasting solution that supports fish passage, debris flow, and habitat improvement. DISCUSSION On October 8, 2024, City staff were notified that we received full funding in the amount of $479,631 for our project. The proposed work will include survey, design, permitting, and construction. Tukwila's consultants Otak and Landau Associates assessed the scour in the summer of 2023 and developed a conceptual repair plan to prevent further erosion which was included in our application. The repair includes placing rock foundations and armoring the slopes with large rock. The Washington Department of Fish and Wildlife (WDFW) and Muckleshoot Indian Tribe (MIT) have been notified of the erosion and the City's intent to apply for permits for in -water work to stabilize the slopes. FISCAL IMPACT The City has been awarded $479,631 for design, permitting, and construction of the Gilliam Creek Erosion Repair project. There is no local city match associated with this grant. RECOMMENDATION Council is being asked to accept a 2024 Flood Reduction Grant and consider this item under Unfinished Business on the December 2, 2024 Meeting. Attachments: Draft Grant Agreement and Vicinity Maps 64 AGREEMENT FOR AWARD OF FLOOD REDUCTION GRANT FUNDS BETWEEN THE CITY OF TUKWILA AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Tukwila ("Recipient") (collectively referred to as the "parties" and in the singular "party"), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2027. Project Contacts: Contact for King County: Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Contact for Recipient: Catrien de Boer, Public Works Analyst, 206-482-9199, catrien.deboer@tukwilawa.gov 1.1 SECTION 1. RECITALS Whereas, the King County Flood Control District ("District") is a quasi -municipal corporation of the State of Washington, authorized to provide funding for flood control and stormwater protection projects and activities; 1.2 Whereas, King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; 1.3 Whereas, on November 12, 2013, the Board of Supervisors of the District (the "Board") passed Resolution FCD 2013-14 which established a Flood Reduction Grant Program and criteria for awarding grant funding for projects; 1.4 Whereas, on November 7, 2023, the Board passed Resolution FCD 2023-10, which authorized an allocation of $13,415,191 from the District's 2024 budget to fund flood reduction projects; 1.5 Whereas, on October 8, 2024, the Board passed Resolution FCD 2024-11, which approved the flood reduction projects described in Attachment A to that Resolution; 1.6 Whereas, in accordance with the terms of these Resolutions, and in its capacity as service provider to the District, King County has established policies and procedures for administering the flood reduction grant program, a copy of which has been furnished to Recipient and which is incorporated herein by this reference (hereinafter "Grant Policies 65 and Procedures"); 1.7 Whereas, the Recipient submitted an application to receive funds for a project to be funded by the Flood Reduction Grant Program; 1.8 Whereas, the Board approved funding of Recipient's application for the project ("Project"), as described in Attachment A to Resolution FCD 2024-11 in the amount of $479,631 ("Award") 1.9 Whereas, Exhibit A, attached hereto and incorporated herein by this reference, contains a description of the Project as described in Attachment A to Resolution FCD 2024-11; 1.10 Whereas, King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and incorporated herein as Exhibit C ("Budget"), are consistent with the Grant Policies and Procedures, the Recipient's application for the Project, and the Resolution approving funding for the Project; and Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with Resolution FCD 2024-11 and the Grant Policies and Procedures, and under which the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to pay the Award amount to the Recipient in the total amount of $479,631 from District funds. The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A to this Agreement. King County shall pay the Recipient in accordance with the terms of the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scope of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by 66 Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) the activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by the Award as identified in the Budget of this Agreement; 4) such activities and expenses otherwise comply with all other terms of this Agreement; 5) such activities and expenses do not occur prior to the date the grants were approved by the District; and 6) reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form, or online equivalents to these forms upon the County's implementation of an online reporting database, for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. A request for payment shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form and backup documentation of claimed expenses shall be submitted with all payment requests. A one- time advance may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scope of Work of this Agreement, and identified as such in the Request for Payment. The amount of the advance may not exceed 25% of the total award amount. Documentation of payments made from advances shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient's completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Close-out Report form, or online equivalent to this form upon the County's implementation of an online reporting database. The final report shall include a summary of the Project's successes and shall address the flood reduction benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 67 2.9. King County or its representative, and the District or its representative, shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors, or subcontractors is performed in a manner which protects and safeguards the environment and natural resources, and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all suits, claims, alleged liability, actions, losses, costs, expenses (including reasonable attorney's fees), penalties, settlements and damages of whatsoever kind or nature, arising out of, in connection with, or incident to any acts or omissions of the Recipient, its employees, agents, contractors, or subcontractors in performing its obligations under the terms of this Agreement, except to the extent of the County's or the District's sole negligence. The Recipient's obligations under this provision shall include, but not be limited to, the duty to promptly accept tender of defense and provide defense to the County and the District with legal counsel acceptable to the County and the District at Recipient's own expense. Recipient, by mutual negotiation, hereby waives, as respects the County and the District only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event it is necessary for the County or the District to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from Recipient. The provisions of this section shall survive the expiration, abandonment, or termination of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. The Recipient may obtain from King County a District logo that may be used in the acknowledgement. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The Recipient shall not assign this Agreement to a third party. 68 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses set forth below via electronic mail and transmittal is demonstrated by an electronic delivery receipt or similar confirmation. King County Recipient Kim Harper Catrien de Boer Grant Administrator Public Works Analyst King County WLRD City of Tukwila kim.harper@kingcounty.gov catrien.deboer@tukwilawa.gov Either party hereto may, at any time, by giving ten (10) days written notice to the other party to designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 3.5. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.6. The Project shall be completed by no later than December 31, 2027. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and retain any unexpended Award funds. 3.7. The Agreement will be terminated if the Recipient is unable or unwilling to expend the Award as specified in Section 2.2 and Exhibits B and C. In the event of termination under this section, the County shall be released from any obligation to fund the Project and Recipient shall forfeit all rights to the unexpended portion of the Award. 3.8. If the County determines that a breach of contract has occurred or does not approve of the Recipient's performance, it will give the Recipient written notification of unacceptable performance. Recipient will then take corrective action within a reasonable period of 69 time, as may be defined by King County in its sole discretion in its written notification to Recipient. King County may withhold any payment owed Recipient until the County is satisfied that corrective action has been taken or completed. 3.9. Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent defaults. 3.10. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Agreement. In its performance under this Agreement the Recipient shall not discriminate against any person on the basis of race, color, age, gender, marital status, sexual orientation, gender identity or expression, religion, ancestry, national origin, disability or use of a service or assistive animal by an individual with a disability, unless based upon a bona fide occupational qualification, and the Recipient shall not violate any of the terms of chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination in employment. 3.11. None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 3.12. This Agreement may be signed in multiple counterparts. 3.13. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.14. This Agreement shall be governed by and construed according to the laws of the State of Washington. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 3.15. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the District or the King County Council, King County's obligations are contingent upon the appropriation of sufficient funds by the District or the King County Council to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. 70 This document has been approved as to form by the King County Prosecuting Attorney's Office as of March 1, 2023. KING COUNTY: RECIPIENT: By By Name Name Title Title Date Date ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney 71 EXHIBIT A: PROJECT DESCRIPTION PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD Gilliam Creek Inlet Erosion and Slope Stabilization City of Tukwila Stabilize and protect eroded Gilliam Creek streambanks upstream of the 66th Ave S culvert inlet. The work will include survey, design, permitting, and construction. Permitting will require a Hydraulic Project Approval (HPA) Permit from WDFW and a 404/401 Permit from the USACE for in -water work. It will also include a Biological Evaluation, Flood Plain Permit, Shoreline Permit, SEPA, and Critical Area Report. The work is expected to require mitigation for fill below the Ordinary High Water (OHW) and permanent stream buffer impacts, as well as temporary impact restoration for construction access. $10,000 $479,631 EXHIBIT B: SCOPE OF WORK Activity Title Activity Description Deliverables Estimated Percent of Grant Budget Month/Year Task Will be Completed Task 1: Project Administration Submit reimbursement request forms, backup documentation for billing, and progress reports at least every 6 months. Submit a Closeout Report form with the final reimbursement request. Reimbursement Request forms and Backup Documentation 0% Ongoing Task 2: Design We will hire a professional design consulting team to execute design up to 100%, with 30%, 60%, and 90% touch points. Deliverable will be plans, specifications, and cost estimates to prepare the project for the construction Phase 20% May 2025 Task 3: Permitting We will hire a professional design consulting team to execute permitting for the proposed project. Deliverables will be the permits for design and construction 7% May 2025 Task 4: Construction Management We will hire a consultant to administer construction management. Deliverable will be inspection reports. 20% October 2026 Task 5: Construction We will hire a contractor to construct and implement the proposed work; including but not limited to removing debris, installing geotextile, and installing a rockery wall. A completed project that meets the contract plans, and specifications 53% October 2026 72 EXHIBIT C: BUDGET BUDGET ITEM GRANT REQUEST COMMERCIAL SERVICES AND CREW TIME $479,631 TOTAL $479,631 73 Elliott Bay e Watershed Boundary Basin Boundary -- River Major Road Open Water Duwamish Estuary 5ubwatershed Lower Green River 5ubwatershed M1lay 2G06 King County Department of Natural Resources and Parks Water and Land Resources Division The Green/Duwamish River Watershe Project Location Middle Green River 5ubwatershed Produced by, Department of Natural Resources and Parks,WI RD, GIs, Visual communications 8 web Unit File Name: 0.5greenbase sk Vicinity Maps KinggCounty Washington State • Howard Hanson Dam Upper Green River Subwatershed 66th Ave S 208' x 9' Culvert Southeast CBD Basin 74 1 of 45 rnal Staff Viewer Tukwila iMap Portal 75 City of Tukwila Thomas McLeod, Mayor Public Works ❑epartment - Pete Mayer, 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: November 22, 2024 SUBJECT: Accept Three Sound Transit System Access Fund Grants S 152nd Ped Connection, 42nd Ave Bikeway, and SCB Ped/Bike Upgrades. Project No. 91710303, 92510401, and 92510405 ISSUE Accept three Sound Transit System Access Fund (SAF) Grant Awards to improve access to the TIB Light Rail Station. First, Tukwila was awarded $510,000 for the design and construction of a pedestrian connection between 152nd St and the TIB Station overflow parking lot. Second, Tukwila was awarded $350,000 to add a traffic -calmed bikeway along 42nd Ave S. Third, Tukwila was awarded $390,000 to improve the Southcenter Blvd intersection near the TIB Station. These grants total to $1,250,000. BACKGROUND In February 2024, Sound Transit approached the City with a list of projects aimed at improving connectivity and access to the TIB Light Rail Station. The City and Sound Transit Teams ranked the projects and selected three to move forward with. These are direct investments in the City that were approved by the Sound Transit board on March 28, 2024. City staff believe these are meaningful additions to improve station access and public safety. DISCUSSION The first project will develop a pathway connection between the TIB Station overflow parking lot to the existing multi -use path dead-end on S 152nd St. This will include a pathway, marked crossing, lighting, and a retaining wall to allow for this direct connection. The second project will develop a traffic -calmed bikeway along 42nd Ave S between S 150th St and Southcenter Blvd. The third project will improve the existing bike lanes and crosswalks on Southcenter Blvd within a half -mile of TIB Light Rail Station; re- channelize to 11 ft general purpose lanes and add separated bike lanes; and upgrade high -visibility crosswalk markings at the station entrance/intersection. FISCAL IMPACT The City has been awarded grants for three different projects. There is no city match associated with these grant awards. Award Amount S 152nd Ped Connection $510,000 42nd Ave S Bikeway $350,000 Southcenter Blvd Intersection Improvements $390,000 TOTAL $1,250,000 76 RECOMMENDATION Council is being asked to accept three Sound Transit System Access Fund grant awards and consider this item on the consent agenda on the December 2, 2024 Meeting. Attachments: Conceptual Designs and Maps 77 \PROJECTS\TUKWILA\2112 AVALON APARTMENTS REMOVE 2-3 PARKING SPACES, RELOCATE TRASH AND RECYCLING ON -SITE. 420SF ROW NEEDED. MODULAR BLOCK WALL IF NECESSARY. REMOVE ONE PARKING SPOT, REMOVE TREE. CEMENT CONCRETE CROSSWALK, MATCH EXISTING STYLE. REMOVE TREE, PROTECT LIGHT, RESET SIGNS. i LIGHT RAIL PARKING [TO S 152ND ST > THE CONFLUENCE APARTMENTS OPTION 1: CONDUIT EXTENSION FROM EXISTING SYSTEM. REMOVE EXISTING PATH. NEW PED SCALE LUMINAIRE. PROTECT ARBORVITAE. OPTION 2: CONDUIT EXTENSION FROM EXISTING SYSTEM. REMOVE ONE PARKING SPOT. TUKWILA STATION APARTMENTS PLAN SOUND TRANSIT PATH CONNECTION KPG PS OMAS 0 10 20 40 60 SCALE IN FEET CITY OF TUKWILA- TIB LIGHT RAIL STATION Seattle 3131 Elliott AvenwLLg,Suite 400 Seattle, WA 9812t(p 206.286.1640 Tacoma I Wenatchee I KPG.com Stride Bus Rapid Transit Access Allowance Support: Additional Projects Identification Memo Project 10-N 13b: High -cost 42nd Ave S Bikeway STRIDE ACCESS PROJECTS Project 10-N13b Tukwila International Boulevard Station Project Title: High -cost 42nd Ave S Bikeway Total Cost Estimate: $350,000 Bike Lane Wide Sidev,alk (8') Shared Lane Markings AStudy Location for Ped Crossing SOUNDTRANSIT NNLSON N EG A A R D Project Description Jurisdiction: City of Tukwila Develop a traffic calmed bikeway along 42nd Ave S between S 150th St and Southcenter Blvd (approx. 950ft). Emulate the character of the bike facility on 42nd Ave S south of Southcenter Blvd. Add striped bike lanes on both sides of the roadway between South Center Blvd and S 151 st St. Continue the southbound bike lane on the west side of the street to S 150th St. Between S 151' St and S 150th St widen the sidewalk on the east side of the street to create a shared, widened sidewalk as a low traffic stress option, with an in -lane shared lane marking for more confident bicyclists to remain in the roadway. This intervention requires the removal of on -street parking for one block on the west side of the roadway. At the intersection of S 152nd St study the crossing for a marked crosswalk to connect the new Sound Transit funded sidewalk project to the adjacent bus stop and/or as a school crossing opportunity. The segment of roadway is recommended as a bicycle friendly route with a 30mph speed limit in the City of Tukwila's Non -motorized Plan. The City of Tukwila supports a multi -use path or bikeway investment on 42nd Ave S. Cost Estimate Table 56 Preliminary Cost Estimate for Project 10-N13b High -cost Option Preliminary Cost Estimate (2023$) Construction Subtotal $239,244 Professional Services Subtotal $113,163 Grand Total $352,407 Rounded Grant Total $350,000 Detailed cost estimate can be found in Appendix A Page 5-14 1 Stride Bus Rapid Transit Access Allowance Support: Additional Projects Identification Memo DRAFT — For internal discussion only. Not reviewed or approved on behalf of any party. Nmember 2023 Stride Bus Rapid Transit Access Allowance Support: Additional Projects Identification Memo Figure 59 Further developed conceptual Design for Project 10-N13b Page 5-15 I Stride Bus Rapid Transit Access Allowance Support: Additional Projects Identification Memo DRAFT — For internal discussion only. Not reviewed or approved on behalf of any party. Ngoember 2023 Project Name 10-N13b High -cost 42nd Ave 5 Bikeway Develop a traffic calmed bikeway along 42nd Ave 5 between 5 150th St and Southcenter Blvd (approx. 950ft). Emulate the character of the bike facility on 42nd Ave 5 south of Southcenter Blvd. Add striped bike lanes on both sides of the roadway between South Center Blvd and S 151st St. Continue the southbound bike lane on the west side of the street to 5150th St. Between S 151st St Project Description and S 150th St widen the sidewalk on the east side of the street to create a shared, widened sidewalk as a low traffic stress option, with an in -lane shared lane marking for more confident bicyclists to remain in the roadway. This intervention requires the removal of on -street parking for one block on the west side of the roadway. At the intersection of S 152nd St study the crossing for a marked crosswalk to connect the new Sound Transit funded sidewalk project to the adjacent bus stop and/or as a school crossing opportunity. The segment of roadway is recommended as a bicycle friendly route with a 30mph speed limit in the City of Tukwila's Non -motorized Plan. The City of Tukwila supports a multi -use path or bikeway investment on 42nd Ave 5. Corridor I-405, 51 Line Station Tukwila International Blvd Station Jurisdiction Tukwila Assuming connection Notes and Assumptions to existing storm drainage network Prepared by NN,MAB Date 10/10/2023 Checked by CEH Date 10/19/2023 ProJect 10-N13b Tukwila International Boulevard Station elpslorinik4Nip ®l Ord Arm S IYYwmp Told Go•11•1 : SIMON Bin LIrm Y.YY Stlwrt fi) 841./ L4arwh. i Alf LKramlr rod Glpawg DN Sg{r$Idl1! .0 1l lr . NCr LxS6BLs Description Unit Quantity Unit Cost (2023) Total Cost Notes and Assumptions Percentage Based Allocations Demolition LS $126,920 5% $8,346 Site Utilities/Utility Relocation LS $126,920 5% $8,346 2 grate inlets converted to curb inlets Traffic control LS $126,920 10% $12,692 Mobilization LS $126,920 10% $12,692 Pedestrian, Bike Access, and Accommodation, Landscaping Concrete Sidewalk SY 301 $80 $24,060 Curb Ramps EA 3 $3,000 $9,000 Street Trees EA 0 $1,200 $0 Asphalt Paving (31 SY 44 $200 $8,600 Concrete Curb and Gutter LF 250 $75 $18,750 Roadway drainage, linear curb EA 2 $25,000 $50,000 Roadway drainage, curb comer EA 0 $35,000 $0 Roadway drainage, reset existing structure EA 0 $7,500 $0 Paint, White line, 4" LF 4000 $2 $8,000 Allowance to rechannelize exiting roadway Paint, Yellow line, 4" LF 2000 $2 $4,000 Allowance to rechannelize exiting roadway Paint, High Visibility Crosswalk, Per Lane LN 7 $120 $840 Allowance to rechannelize exiting roadway Paint, Stop Bar, 24" LN 6 $75 $450 Allowance to rechannelize exiting roadway Yield pavement symbols LN 0 $500 $0 Pavement symbols EA 10 $300 $3,000 Allowance to rechannelize exiting roadway Bike Intersection Channelization EA 0 $4,000 $0 Tuff Curb and Post LF 0 $50 $0 Speed hump EA 0 $4,500 $0 Traffic Signals and Crossing Protection Rectangular Rapid Flashing Beacon (RRFB), hard wired EA 0 $30,000 $0 Traffic signal EA 0 $750,000 $0 Electrical service connection EA 0 $20,000 $0 Subtotal $164,996 Contingency 45% $74,248 Construction Subtotal $239,244 Professional Services Development/Design Consultant LS 12% $28,709 Agency Staff Administration LS 14% $33,494 Construction Management LS 4% $9,570 Legal, Permits, Fees LS 10% $23,924 Start-up LS 3% $7,177 Subtotal $102,875 Contingency 10% $10,288 Professional Services Subtotal $113,163 Grand Total $352,407 Rounded Grand Total $350,000 81 Stride Bus Rapid Transit Access Allowance Support: Additional Projects Identification Memo Project 10-N6: Southcenter Blvd Bikeway and Pedestrian Crossing Upgrades Figure 5-5 Conceptual Design for Project 10-N6 Project 10-N6 - Tukwila International Boulevard Station ,44 Project Title: Southcenter Blvd Bikeway and Pedestrian Crossing Upgrades Total Cost Estimate: $390,000 Agl Tuff Curb and Post (1,000 LF per side) Stripe 11' general purpose lanes (1,500 LF) kLN SOUNDTRANSIT 'v N EG AOR D • High Visibility Pedestrian Crossing (2 EA) C Intersection bike OO channelization (4 EA) Project Description Jurisdiction: City of Tukwila Description: Improve the existing bike lanes and crosswalks on Southcenter Blvd within 0.5 mile of Tukwila International Boulevard Station. Rechannelize roadway to accommodate separated bike lanes: 11' general purpose lanes, tuff curb and post. Tighten the intersection at both legs of 40th Ave S to shorten the crossing distance for people biking and walking. Add bike channelization such as crossbikes at the intersection of Southcenter Blvd and TIBS station entrance. Upgrade crosswalk markings to high visibility at Southcenter Blvd/TIBS station entrance and Southcenter Blvd/42nd Ave S. Cost Estimate Table 5-3 Preliminary Cost Estimate for Project 10-N6 Preliminary Cost Estimate (2023$) Construction Subtotal Professional Services Subtotal Grand Total Rounded Grant Total $261,497 $123,688 $385,185 $390,000 Detailed cost estimate can be found in Appendix A Page 5-10 I Stride Bus Rapid Transit Access Allowance Support: Additional Projects Identification Memo N fiember 2023 DRAFT — For internal discussion only. Not reviewed or approved on behalf of any party. uL Project Description Project Name 10-N6 Southcenter Blvd Bikeway and Pedestrian Crossing Upgrades Improve the existing bike lanes and crosswalks on Southcenter Blvd within 0.5 mile of Tukwila International Boulevard Station. Rechannelize roadway to accommodate separated bike lanes: 11' general purpose lanes, tuff curb and post. Tighten the intersection at both legs of 40th Ave 5 to shorten the crossing distance for people biking and walking. Add bike channelization such as crossbikes at the intersection of Southcenter Blvd and TIBS station entrance. Upgrade crosswalk markings to high visibility at Southcenter Blvd/TIBS station entrance and Southcenter Blvd/42nd Ave S. Corridor 1-405, S1 Line Station Tukwila International Blvd Station Jurisdiction Tukwila Notes and Assumptions Prepared by Date Checked by Date Corridor distance is 1,500' LF from TIBS access to 100' east of 42nd Ave 5 NN, MAP 10/10/2023 CEP 10/19/2023 Project 10-N6 -'Tukwila International Boulevard Station k ��•L /' a' .. ▪ `� k� a '1 fir• k r�x ����`y1#a 7rr .ed 5 C T 7 + Sal+rh Y T�rrrA ' fie.{'ti-i .Tr 1. f " • y WJFI r. ram+' C.01 Ib}..F * r' k it, e r -; T� 5 -.24 P rapc+Tltle: $rautvd rr lhs b 0w. oy wea NclolrI ▪ CSro.mnig Ibq-141 no Tvkal Galt E-1:4 #744I114 `.. I+yh Visabirty P 0nir,n " " Crowing {2 EAI Turr C.rlh and Porn t1,D00SF pad tidal • 91.ip* 11. USrx+al pep 41" r DTI 11.51 tFi Vsq{f•ATr e1i 44x A Intarsenkin hike 0 '16 chanrwlirarirwa {4 EAi Description Percentage Based Allocations Unit Quantity Unit Cost (2023) Total Cost Notes and Assumptions Demotion LS $138,725 5% $6,936 Site Utilities/Utility Relocation LS $138,725 5% $6,936 Traffic control LS $138,725 10% $13,873 Mobilization LS $138,725 10% $13,873 Pedestrian, Bike Access, and Accommodation, Landscaping Concrete Sidewalk SY 0 $80 $0 Curb Ramps EA 0 $3,000 $0 Street Trees EA 0 $1,200 $0 Asphalt Paving (3") SY 0 $200 $0 Concrete Curb and Gutter LF 0 $75 $0 Roadway drainage, linear curb EA 0 $25,000 $0 Roadway drainage, curb comer EA 0 $35,000 $0 Roadway drainage, reset existing structure EA 0 $7,500 $0 Paint, White line, 4" LF 3000 $2 $6,000 Allowance to rechannelize exiting roadway Paint, Yellow line, 4" LF 3000 $2 $6,000 Allowance to rechannelize exiting roadway Paint, High Visibility Crosswalk, PerLane LN 10 $120 $1,200 Paint, Stop Bar, 24" LN 7 $75 $525 Yield pavement symbols LN 0 $500 $0 Pavement symbols EA 30 $300 $9,000 Bike symbols, turn arrows Bike Intersection Channelization EA 4 $4,000 $16,000 Includes paint and post square -up treatments at 40th Ave S Tuff Curb and Post LF 2000 $50 $100,000 1000 LF per side assuming reduction for driveways Speedhump EA 0 $4,500 $0 Traffic Signals and Crossing Protection Rectangular Rapid Flashing Beacon (RRFB), hard wired EA 0 $30,000 $0 Traffic signal EA 0 $750,000 $0 Electrical service connection EA 0 $20,000 $0 Subtotal $180,343 Contingency 45% $81,154 Construction Subtotal $261,497 Professional Services Development/Design Consultant LS 12% $31,380 Agency SlafAdminishation LS 14% $36,610 Construction Management LS 4% $10,460 Legal, Permits, Fees LS 10% $16,150 Start-up LS 3% $7,845 Subtotal $112,444 Contingency 10% $11,244 Professional Services Subtotal $123,588 Grand Total $385,185 Rounded Grand Total $390,000 83 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer — Interim Public Work Director BY: Adam Cox, P.E. — Interim Traffic Engineer CC: Mayor Thomas McLeod DATE: November 22, 2024 SUBJECT: Allentown Truck Ordinance ISSUE Approve the Allentown Truck Ordinance adopting a new Tukwila Municipal Code Chapter 9.54 "Truck Routes" BACKGROUND During the 1990s, "No Truck" signs were installed on roadways throughout the Allentown Community. During the 42nd Ave S Bridge Replacement Project and the Allentown EIS Project, it was noted that no ordinance had been established to authorize the Tukwila Police Department to issue citations or infractions for overweight vehicles. The Allentown residents have communicated to City staff their concerns regarding through -hauling trucks traveling through in a residential neighborhood. DISCUSSION The proposed Ordinance states that vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 26,001 pounds and 26 feet in total length will be restricted from designated roadways throughout the Allentown Community. The proposed ordinance establishes a designated truck route through Allentown that provides an entrance/egress route for vehicles exceeding 26,001 pounds. This ordinance enables the Tukwila Police Department to enforce penalties against commercially licensed drivers who fail to comply with the approved route. FINANCIAL IMPACT None RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the December 9, 2024 Committee of the Whole meeting and subsequent December 16, 2024 Regular Consent Meeting. ATTACHMENTS: Ordinance Adopting a New Tukwila Municipal Code Chapter 9.54 Allentown Map and Roadway Table 84 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW TUKWILA MUNICIPAL CODE CHAPTER 9.54, "TRUCK ROUTES"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, residents of the City of Tukwila ("City") have brought forward concerns about through -hauling trucks within their neighborhoods and the associated safety and infrastructure degradation issues that arise from this activity; and WHEREAS, neighborhood roadways are designated to accommodate mostly light duty and occasionally medium duty vehicles; and WHEREAS, frequent use of residential roadways by heavy duty vehicles rapidly accelerates deterioration of the roadway and increases the likelihood of damage to ancillary roadway infrastructure due to insufficient room to accommodate safety turning movements; and WHEREAS, RCW 46.44.080 permits municipalities to prohibit the operation of motor trucks or other vehicles or impose weight limits on use of trucks as they deemed necessary to protect public roadways; and WHEREAS, the Tukwila City Council desires to enable commerce to flow on City roadways, in particular on roadways in the Allentown residential area, while ensuring that the roadways are protected from damage caused by heavier vehicles; and WHEREAS, the Tukwila City Council adopts this chapter to establish truck routes within the City that promote compatible land uses, enhance public safety, and minimize pavement maintenance and reconstruction costs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 9.54 Enacted. TMC Chapter 9.54 is hereby enacted to read as follows: 85 CHAPTER 9.54 Truck Routes Sections: 9.54.010 Purpose 9.54.020 Definitions 9.54.030 Trucks — Prohibited 9.54.040 Enforcement — Penalty Section 2. Regulations Established. TMC Section 9.54.010 is hereby established to read as follows: 9.54.010 Purpose A. Purpose. The purpose of this chapter is to establish truck routes within the city that promote compatible land uses, enhance public safety, and minimize pavement maintenance and reconstruction costs. B. Policy. 1. Provide roadways that are safe for vehicles, bicyclists, and pedestrians to use; 2. Provide truck routes that follow the guidance contained in the city's comprehensive plan transportation element (the transportation plan); 3. Provide for the transportation of heavier products on roads (truck routes) best designed to handle the additional pavement stress in order to minimize the amount of maintenance and repair costs required on those streets; 4. Restrict the gross vehicle weight of vehicles traveling on non -truck route roads except where the use of these roads is necessary to travel from the point of origin within the city to the nearest truck route, or from a truck route to a destination point within the city; 5. Limit the number of truck routes to minimize the number of streets that need more expensive pavement construction and more frequent maintenance work; 6. Protect residential neighborhoods from: a. Excessive truck traffic creating greater hazards to pedestrians, bicyclists, and children; b. Increased congestion and noise pollution from truck traffic; and c. Minimize pavement potholes, raveling, rutting, or other pavement distress conditions that cause hazards to motorcyclists, bicyclists, and pedestrians; 86 7. Finally, it is recognized that during emergency situations, the director of public works or designee shall have the authority to further restrict loads or create detours for vehicles traveling on city road Section 2. Regulations Established. TMC Section 9.54.020 is hereby established to read as follows: 9.54.020 Definitions The terms used in this chapter shall have the following meanings unless otherwise specifically provided: (A) "City" means the City of Tukwila. (B) "Destination point" means the fixed location that the operator of a vehicle must directly access in order to load or unload goods, passengers or other cargo, or to perform services. (C) "Parking" means that term as defined in RCW 46.04.381, as now or hereafter amended. iD) "Hazardous cargo" means "hazardous materials," as defined in RCW 70.136.020(1), as now or hereafter amended. (E) "Semitrailer" means that term as defined in RCW 46.04.530, as now or hereafter amended. (F) "Trailer" means that term as defined in RCW 46.04.620, as now or hereafter amended. (G) "Motor truck" means that term as defined in RCW 46.04.310, as now or hereafter amended. (H)"Tractor" means that term as defined in RCW 46.04.650, as now or hereafter amended. (I) "Truck tractor" means that term as defined in RCW 46.04.655, as now or hereafter amended. (J) "Vehicle" means that term as defined in RCW 46.04.670, as now or hereafter amended. Section 3. Regulations Established. TMC Section 9.54.030 is hereby established to read as follows: 9.54.030 Trucks — Prohibited . (A) operation of the following vehicles shall not occur upon and within the routes established pursuant to this chapter: 87 (1) Vehicles Restricted by Weight, Width and/or Length. Any motor truck, truck tractor, motor truck and trailer combination, or truck tractor and semitrailer combination, which exceeds eight feet in width, 26 feet in total length, or 26,001 pounds gross weight, including load; or (2) Any vehicle transporting radioactive material; or (3) Any vehicle transporting hazardous cargo. (B) All trucks and vehicles identified in Section A are prohibited from traveling on the following routes: Roadway Start Stop 1 42nd Ave S 2 S 115th St 3 S 116th St 4 43rd PIS 5 44th Ave S 6 44th PIS 7 46th Ave S 8 S 122nd 9 43rd Ave S 10 44th Ave S 11 45th Ave S 12 46th Ave S 13 47th Ave S 14 48th Ave S 15 49th Ave S 16 50th Ave S S 124th St 42nd Ave S 42nd Ave S S116thSt 43rd PIS 44th Ave S 44th PIS 42nd Ave S S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St S 122nd St 51st PIS • S115thSt E Marginal Way S 43rd PIS 44th Ave S S 122nd St 46th Ave S S 122nd St 44th PIS S 124th St S 124th St S 124th St S 124th St S 124th St S 124th St S 124th St S 122nd Ln 17 S 122nd Ln 18 51stPIS 50th Ave S S 124th St 51stPlS ill Dead end (C) The prohibitions set forth in this chapter shall not apply to the following: (1) The operation of a vehicle upon any street where directly and unavoidably necessary in order to access or depart from a destination point. When a destination point is not located immediately adjacent to a State highway route or a designated truck route, the vehicle operator shall access and/or depart from the destination point using the shortest and most direct City arterial route to and from the nearest State highway route or designated truck route. (2) The operation of emergency and law enforcement vehicles. 88 (3) The operation of any vehicle owned or operated by the City, a public utility or any contractor or materialman, while directly engaged in the repair, maintenance or construction of streets, street improvements, or street utilities within the City. (4) The operation of any vehicle within and pursuant to any officially established temporary detour route. (5) The operation of any vehicle directly engaged in the disposal, collection and/or transport of waste, including but not limited to recyclable material, as a part of a regularly scheduled curbside or on -site disposal or collection service within the Tukwila City limits; provided, that this exception shall not apply to hazardous cargo or radioactive materials. (6) The operation of passenger buses, including but not limited to mass transit vehicles and school buses. (7) The operation of vehicles directly engaged in transporting perishable commodities or commodities necessary for the health and welfare of local residents. Section 4. Regulations Established. TMC Section 9.54.040 is hereby established to read as follows: 9.54.040 Enforcement —Penalty Violation of TMC 9.54.030 is a traffic infraction, with a monetary penalty of $250.00 ($250.00), including statutory assessments, provided that signate is erected in a conspicuous place at each end of any residential or collector street and the entry to any cul- de-sac, stating the trucks over 26,001 pounds gross weight, including load, is prohibited. Section 5. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 6. 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 7. 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 thirty (30) 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. 89 ATTEST/AUTHENTICATED: Andy Youn, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 90 Tukwila iMap Duroarrash Park - Tukimia _ LU LU 1 0 1 1V .15 TukwilCornmur 11/14/2024, 3:45:02 PM City Limits Buildings Street • S-124TH-ST - • -- 5 125TH ST 18 0 0.05 0.2 mi I r 1 1 , , ' 1 I 0 0.07 0.15 0.3 km City of Tukwila, King County, King County 91 City of Tukwila Table 1 - Restricted Roadways 1 42nd Ave S S 124th St S115thSt 2 S 115th St 42nd Ave S E Marginal Way S 3 S 116th St 42nd Ave S 43rd Pt S 4 43rd Pl S S 116th St 44th Ave S 5 44th Ave S 43rd PIS S 122nd St 6 44th Pt S 44th Ave S 46th Ave S 7 46th Ave S 44th Pl S S 122nd St 8 S 122nd 42nd Ave S 44th Pl S 9 43rd Ave S S 122nd St S 124th St 10 44th Ave S S 122nd St S 124th St 11 45th Ave S S 122nd St S 124th St 12 46th Ave S S 122nd St S 124th St 13 47th Ave S S 122nd St S 124th St 14 48th Ave S S 122nd St S 124th St 15 49th Ave S S 122nd St S 124th St 16 50th Ave S 51 st PIS S 122nd Ln 17 S 122nd Ln 50th Ave S 51 st Pt S 18 51stPlS S 124th St Dead end 92