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Reg 2025-02-03 COMPLETE AGENDA PACKET
Monday, w , 2 Tukwila City REGULAR Council Agenda MEETING• J,0141L4 41 o av+ 1905 Thomas McLeod, Mayor Councilmembers: + De'Sean Quinn + Mohamed Abdi Marty Wine, City Administrator ❖ Armen Papyan ❖ Jovita McConnell Tosh Sharp, Council President ❖ Dennis Martinez ❖ Hannah Hedrick ON -SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, Access CODE: 670077847# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 February 3, 2025; 7:00 PM • Ord #2754 • Res #2108 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public on -site at Tukwila City Hall or items both on and not on the To provide comment via phone citycouncil@tukwilawa.gov with comments may verbally address the City Council both via phone or Microsoft Teams for up to 5 minutes for meeting agenda. or Microsoft Teams, please email your name and topic by 5:00 PM on the meeting date. message is for public comment during the meeting, and Please clearly indicate that your you will receive further instructions. 4. PRESENTATIONS a. South Link Connections Mobility Project. Presented by King County Metro Pg. 1 5. CONSENT AGENDA a. Approval of Minutes: 01/27/25 (Specia/Mtg.) b. Approval of Vouchers c. Authorize the Mayor to accept a Transportation Improvement Board Urban Arterial Program Grant for design and construction of the South 124thSt/50th Place Reconfiguration project, in the amount of $900,404.00 (local match $251,083.00). [Reviewed and forwarded to consent by the Transportation and Infrastructure Committee on 01/27/25 d. Authorize the Mayor to accept a Washington State Department of Ecology Streamflow Restoration Grant for the South 1315t Street Drainage Improvements project, in the amount of $1,729,600.00. [Reviewed and forwarded to consent by the Transportation and Infrastructure Committee on 01/27/25] e. Authorize the Mayor to sign a contract with PACE Engineers for design services for the Tukwila Urban Center Conveyance Inspections project, in the amount of $71,808.00. [Reviewed and forwarded to consent by the Transportation and Infrastructure Committee on 01/27/25] (continued...) Pg.17 Pg.27 Pg.37 REGULAR MEETING February 3, 2025 Page 2 5. CONSENT AGENDA (cont.) f. Authorize the Mayor to sign a contract with Anchor QEA for professional design services for the Duwamish Hill Preserve Phase 3 and the S. 104th Street Shoreline Restoration Projects, in the amount of $453,201.00. [Reviewed and forwarded to consent by the Transportation and Infrastructure Committee on 01/27/251 Pg.59 6. UNFINISHED BUSINESS a. An ordinance granting Intermountain Infrastructure Group, LLC, and its affiliates, successors, and assigns, the right, privilege, authority, and nonexclusive franchise to construct, maintain, operate, replace, and repair a telecommunications network in, across, over, along, under, through, and below certain designated public rights -of -way in the City. Pg.105 7. NEW BUSINESS a. Accept the resignation of Councilmember Quinn from the Tukwila City Council. b. A resolution expressing sincere gratitude to De'Sean Quinn for his service as a Councilmember. c. Representation on the Puget Sound Regional Fire Authority Governance Board. Pg.151 Pg.155 Pg.159 8. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.161 9. MISCELLANEOUS 10. EXECUTIVE SESSION Potential Property Sale or Lease Pursuant to RCW 42.30.110(1)(c). (30 minutes) NO action will follow in the open meeting. 11. ADJOURNMENT This agenda (Tukwila is available at www.tukwilawa.gov and in alternate formats with advance notice for those with disabilities. Council meetings are audio and video taped. Available at www.tukwilawa.gov) V r �� If you are in need of translation or interpretation services at a Council meeting, �.24ir`i� please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ South Link Connections Mobility Project Presentation to Tukwila City Council February 3, 2025 IlLg King County METRO Moving forward together Background • Three new stations added to the 1 Line as early as 2026 • Kent Des Moines • Star Lake • Federal Way Downtown ®i Link light rail Angle Lake —Federal Way Surface 1111 Elevated Other service Link 1 Line: Angle Lake —Seattle (in service) Federal Way —Tacoma (future service) Q New station Q Existing station P New parking P Existing parking A N Puget Sound Des Moines Creek Park Angle Lake hst®Angle Lake .., III Valley floor Community Park Green River Natural Resources Area v © Kent 524Oh Des Moines Steel S316th Sty Federal Way GP 11° Downtown Lake renwick Perk Project Scope • Project routes - Twenty-two routes • Ten all -day routes: A Line, 156, 165, 181, 182, 183, 187, 631, 901, 903 • Twelve peak -only routes: 121, 122, 123, 154, 157, 162, 177, 178, 179, 190, 193, 197 • Project area - Communities in eleven cities and unincorporated King County • Algona, Auburn, Burien, Des Moines, Federal Way, Kent, Normandy Park, Pacific, SeaTac, Tukwila, and unincorporated areas • The project area will be the focus of community engagement and equity analyses NORMANDY PARK L1Ii16IJ PACIFIC ❑ Project Study Area South Link Connections Metro Transit Routes' -- Frequent routes All -day routes — Peak Only routes (active) - Peak Only routes (suspended) Flexible Service Areas (DART) �- South Link and Station (planned) ¢. Link Line 1 and Station S Sounder Station Current Sound Transit Express routes Other Metro Transit routes (unchanged) Flexible Service Areas (Metro Flex) �i Transit Center Q Permanent Park&Ride "Metro routes considered for change during this project CA) Engagement Timeline - Fall 2026 Implementation Mobility Board Prioritizes Needs Mar— May'24 Phase 1 Needs Assessment • Interview community stakeholders on mobility needs and barriers • Review recent engagement in the project area • Conduct baseline equity analysis and analysis of existing service needs and barriers • Recruit Mobility Board and Partner Review Board Mobility Board Reviews Recommendations Dec '24- Feb '25 Phase 2 Service Concepts We are here ,70 • Develop and present service concepts based on prioritized needs • Solicit public feedback • Learn more about community priorities • Review of concepts using • Service Design Best Practices • Public Input • Equity Review Partner Review Board Mobility Board Reviews Final Proposal Summer '25 Phase 3 Service Proposal • Present proposed changes to public • Explain how the design matured and what influenced the concepts • Seek feedback on ways to refine and optimize • Final equity analysis Partner Review Board i Spring '26 King County Council & Sound Transit Board • King County Executive transmits final service network to King County Council for adoption • Final service network to Sound Transit Board for adoption • Plan for implementation and community education Partner Review Board What has informed the Phase 2 Network Data & Analysis Where people are traveling to and from Equity Priority Areas Current Ridership, Crowding & Productivity Community Input Phase 1 Survey Direct Rider Feedback (outreach events) Mobility Board Meetings Community Input informed: Priority Mobility Needs Partner Review Board Meetings Important connections & destinations Capital Considerations Layovers, new pathways and turns, new stops Three Decision Making Factors: Community Input, Equity, Service Design Best Practices IlLg King County METRO Moving forward together 01 0) How does the network respond to Mobility Needs? Mobility Needs What's in the concept 0�v M Greater transit coverage • Two new Metro Flex pilot zones in Federal Way and Auburn ��a Improve early -morning and night-time service • Provide earlier and/or later trips throughout the week on seven routes (156, 181, 182, 183, 186, 187, 903) Faster transit travel times • Routes reoriented to serve future Link stations • Added new frequent services • Trips come more often on five routes • Improved travel time and directness between West Federal Way and Downtown Federal Way South Link Connections Phase 2: Proposed Transit Puget Sound FEDERAL WAY DOWNTOWN STATION )FUTURE} otroo 00 0000 MR.2.4.I.amortIvpml mwwn wx ug King County NORMANDY PARK VENT( OES MOINES STATON (FUTURE) Oiu 0 ,. STAR LANE STATION(FUTURE) SEATAC DES MOINES FEDERAL WAY .t,J tet MILTON Tukwila motional LEGEND uM Frequent route Local route • -0 - • Peak -only route C ,rent Sound Transit Express route - Other Metro transit routes —0 — Link Line 1 and station (existing) — -— — Link Line 1 and station (Future) +IV* Sounder South and station Q Transit Center Q Permanent Park & Ride DART area Metro Flex Zone Cr!s• I(enlStaooand P&R `0 12 PM, ALGONA PACIFIC AUBURN How does the network respond to Mobility Needs? Mobility Needs What's in the concept le Improved east -west connections • New frequent service on main east -west connections • New Route 164: Kent Des Moines Station to Green River College via Kent Station • Improved Route 181: Twin Lakes to Green River College via Auburn Station Increased weekend service • Route 183: new Sunday service • Route 631: new Saturday and Sunday service • Trips come more often on five routes on weekends • Later and/or earlier trips on six routes on weekends • 35 percent more trips on Saturday and 75 percent more trips on Sunday. • For most routes, Saturday and Sunday schedules are more consistent with each other, making service easier to understand. South Link Connections Phase 2: Proposed Transit Puget Sound FEDERAL STATION DOWNTOWN)FUTURE/ o®" ®�, 0000 Fowl Omen, 2022 Lg King County NORMANDY PARK ENT( OES MOINES STATION (FUTURE) Oiu 0 ,w STAR LAW STATION (FUTURE) 0 DES MOINES FEDERAL lJ • WAY ro3x•,J,R: MILTON PACIFIC LEGEND —CD- RapidRide route F q t ut Local route • -0) - • Peak -only route C 'rent Sound Transit Express route - Other Metro transit routes —0— Link Line 1 and station (existing) - -- - Link Line 1 and station (future) +IVY- Sounder South and station Q Transit Center Q Permanent Park & Ride DART area Metro Flex Zone AUBURN CO Network Tradeoffs • Removed nine suspended routes and one in-service peak -only route to invest in prioritized mobility needs. • Routes 121, 122, 123, 154, 157, 177, 178, 179, 190, 197 • Reduced unproductive and low -ridership service to invest in prioritized mobility needs. • Replacement of DART Route 901 • Trip reductions on Route 162 • Stop reductions on Route 193 South Link Connections Phase 2: Proposed Transit Puget Sound FEDERAL WAY DOWNTOWN STATION (FUTURE) 00 LW SOO MI ®®®0 km King County NORMANDY PARK RENT( OES MOINES STATION (FUTURE) ou WAR LAKE STATION(FUTURE) ws SEATAC DES MOINES FEDERAL WAY rot,Jta MILTON ALGONA PACIFIC LEGEND .— — RupdR'd ute frequent route Local route • -0 - • Peak -only route C went Sound Transit Express route - Other Metro transit routes —0 — Link Line 1 and station (existing) - -- - Link Line 1 and station (future) -i-•-} Sounder South and station Q Transit Center Q Permanent Park & Ride DART area Metro Flex Zone AUBURN Impacts to Tukwila ►a King County METRO Moving forward together CO Impacts to Tukwila No change: F Line, Routes 124, 128, 150, 906, Tukwila Metro Flex pilot • These routes are not part of the South Link Connections project scope. No impact in Tukwila: Route 193 • Proposed changes to Route 193 will not impact riders at Tukwila International Boulevard Station Improved A Line • Reoriented to future Link light rail stations Revised Route 156 • Pathway simplification in McMicken Heights, extended to KDM station • Earlier and later trips throughout the week Remove suspended Route 154* • Removed to reinvest resources into prioritized mobility needs *route is currently suspended and not operating Phase 2 Engagement ►a King County METRO Moving forward together Engagement Overview • Survey • Flyers • www.SouthLinkConnections.com • Materials available in 15 Languages: Amharic, Arabic, Chinese (Simplified and Traditional), Dori, English, French, Korean, Russian, Somali, Spanish, Tagalog, Tigrinya, Ukrainian, and Vietnamese • Public outreach at community meetings, events, bus stops and transit centers • Flyers at bus stops, transit centers, & on buses • Social media campaign & toolkit • Community Based Organization (CBO) partner led, culturally -specific outreach • Mobility Board • Partner Review Board • City Council presentations • Direct engagement with key stakeholders • Metro -led open houses IlLg King County METRO Moving forward together Open Houses (virtual) Tuesday, January 7, 2025, 12:00 p.m. Saturday, January 25, 2025, 10:00 a.m. Monday, February 10, 6:00 p.m. Ul King County METRO Moving forward together Community -Based Organization Partners • CBO Partnerships: • Iraqi Community Center of WA • International Rescue Committee • United Territories of Pacific Islanders Alliance Washington (UTOPIA WA) • Federal Way Black Collective • Alimentando al Pueblo • Burien Collaborative, and more • Goals • Inform and amplify ways to gather feedback • Emphasis on creating and implementing culturally responsive engagement • Gather feedback from priority populations • Report findings back to community Puget Sound L1 King County ® AirporV NOR AN DYI SaT°x PARK degl MILTON PACIFIC LEGEND RapidRlde route —CI— Local route • -® - • Peak -only route (operating) • -Q - • Peak -only route (suspended) C tSo d T a 't Lxpr ro I Other Metro transit routes —0— Link Line 1 and station (existing) — -- •• Link Line 1 and station (future) AVE- Sounder South and station Q Transit Center O Permanent Park & Ride DART area Metro Flex Zone How Cities Can Get Involved • Take the survey by February 28th • Share the survey, open houses, and information on your social media, in your newsletters, and with constituents. Social media toolkit provided by Metro. • Support continued participation of city staff in the Partner Review Board • Reach out to Government Relations with any questions or concerns: apleasant-brown@kingcounty.gov and gejones@kingcounty.gov IlLg King County METRO Moving forward together 01 a) Thank you! Questions? ►a King County METRO Moving forward together COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayar's review Council review 02/03/25 JR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: CATRIEN DE BOER ORIGINAL AGENDA DATE: 02/03/25 AGENDA ITEM TITLE S 124th St and 50th PI Reconfiguration Transportation Improvement Board Urban Arterial Program CATEGORY ❑ Discussion Mtg Date 0 Motion Dale ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg 2/3/2025 SPONSOR ❑Council Mayor ❑FIR DCD ❑Finance Fire ❑11_S' ❑PeR ❑Police IIPr ❑Court SPONSOR'S In order to address safety concern related to S. 124th and 50th PI, In August 2024, City staff SUMMARY applied to the TIB UAP to fund design, construction management, and construction expenses related road reconfiguration. In November 2024, the City was notified that we received the full grant award. The funding will be used to support project implementation. Council is being asked to accept a Transportation Improvement Board grant in the amount of $900,404. REVIEWED BY A Trans&Infrastructure CommunitySvs/Safety ❑ Arts Comm. 01/27/2025 ❑ Finance ❑ Parks Comm. ❑ Planning/Economic Dcv. Comm. ❑ Planning Comm. CHAIR: JOVITA MCCONNELL ❑ LTAC DATE: COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Public Works Department IEE Majority Approval; Forward to the Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $900,404 $0.00 $0.00 Fund Source: GRANT; ARTERIAL STREETS FUND (21.8%) Comments: CIP 2025-2030 S 124th St/50th P1 S Reconfiguration MTG. DATE RECORD OF COUNCIL ACTION 02/03/25 MTG. DATE ATTACHMENTS 02/03/25 Informational Memorandum dated 01/24/25 2025-2030 CIP Conceptual design Minutes from Transportation and Infrastructure Committee meeting of 01/27/25 17 18 City of Tukwila Thomas McLeod, Mayor Pub[rc 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: January 24, 2025 SUBJECT: Arterial Streets Fund — S 124th St and 50th PI Reconfiguration Project No. 92510402 Transportation Improvement Board Urban Arterial Program ISSUE Accept a Transportation Improvement Board (TIB) Urban Arterial Program (UAP) grant for the design and construction of S 124t" and 50'" PI reconfiguration in the amount of $900,404. BACKGROUND In 2022, a traffic calming study identified intersection improvements to control speeds, improve safety, and address pedestrian access throughout the Allentown neighborhood. This intersection was prioritized to mitigate traffic concerns in the neighborhood. The intersection is a 3-way controlled stop except for the east -bound right turn slip lane from S 124t" St onto 50t" PI. The speed limit is 25 mph with known speeding on both roads. DISCUSSION In August 2024, City staff applied to the TIB UAP to fund design, construction management, and construction expenses related to the S 124t" St and 50t" Pl. road reconfiguration. In November 2024, the City was notified that we received the full grant award. The identified solutions include removing the east -bound right turn slip lane, requiring all vehicles to come to a complete stop, adding a highly visible marked pedestrian crossing, and constructing protected pedestrian walkways. The specific site elements will be further explored during the design process. The City currently has a conceptual design (Exhibit A) and this funding will be used to support project implementation. FISCAL IMPACT The City was awarded a $900,404 grant from the TIB. There is a 21.8% local city match which is budgeted in the recently adopted CIP, using 104 (Arterial Streets) Funds. Project Budget TIB Funds $900,404 Local Funds $251,083 Total $1,151,487 Match Source 2025-2027 CIP Budgeted 104 Funds RECOMMENDATION Council is being asked to accept a Transportation Improvement Board grant in the amount of $900,404 and consider this item on the Consent Agenda at the February 3, 2025 Regular Council Meeting. Attachments: 2025-2030 CIP Conceptual Design 19 20 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: S 124th St/50th Pl S Reconfiguration Project # 92510402 Project Manager Cyndy Knighton Department Arterial Streets DESCRIPTION: Reconfigure intersection to remove EB slip lane, new c/g/s on S 124th from 49th to 51 st, new paved shoulder walkway on south side of 124th connecting to existing walkway on west side of 50th Pl, new stormwater treatment/rain garden in old slip lane ROW. Project can be done in phases, with phase 1 including just the intersection reconfiguration and phase 2 including the sidewalk on S 124th but cost would be greater. JUSTIFICATION: Removing the free -flow right turn movement will improve safety at the S 125th St/50th Pl S intersection and generally on S 124th St and 50th Pl S. Narrowing pedestrian crossing distance at the intersection and improving pedestrian facilities will improve safety and livability for the neighborhood. Identified in the Allentown Neighborhood Transportation Study in 2022. STATUS: New project for 2025 MAINTENANCE IMPACT: ' water treatment facilities. If project is done in phases, the stand-alone sidewalk project could be double the cost of including them in a single project. Approximate estimate in 2024 dollars is $600k for construction and design and COMMENT: construction management costs approaching $250k. Phasing the project may be necessary due to funding constraints. FINANCIAL (in thousands) 2025 2026 2027 2028 2029 2030 Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) $ - $ - $ - $ - $ - $ - $ - $ - Construction Mgmt. $ - $ - $ 300 $ - $ - $ - $ - $ 300 Construction $ - $ - $ 1,350 $ - $ - $ - $ - $ 1,350 Contingency $ - $ - $ 180 $ - $ - $ - $ - $ 180 Total Project Costs $ - $ 275 $ 1,830 $ - $ - $ - $ - $ 2,105 Project Funding Awarded Grant $ - $ - $ - $ - $ - $ - $ - $ - Fund Balance $ - $ 275 $ - $ - $ - $ - $ - $ 275 Total Project Funding $ - $ 275 $ 1,830 $ - $ - $ - $ - $ 2,105 Adopted by the Tukwila City Council on November25, 2024 21 22 EXHIBIT A S 124TH ST / 50TH PL S INTERSECTION IMPROVEMENTS SIDEWALK, OVERLAY, CHANNEUZATION IMPROVEMENTS I310 20 40 60 SCALE IN FEET 8/8/2024 PEEN(31. PS • MAS 24 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 27, 2025, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Catrien de Boer, Mike Perfetti, Bryan Still, Adib Altallal I. BUSINESS AGENDA A. Grant Award: S. 131st St Drainage Improvements Staff is seeking approval to accept a Washington State Department of Ecology Streamflow Restoration grant in the amount of $1,729,600 for the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agend.a B. Grant Award: S. 124th St and 50th Place Reconfiguration Staff is seeking approval to accept a Transportation Improvement Board Urban Arterial Program grant in the amount of $900,404 for design and construction of the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. C. Design Contract: Duwamish Hill Preserve Phase 3 & S. 1046 St Shoreline Restoration Staff is seeking approval of a contract with Anchor QEA in the amount of $453,201.00 for both projects. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. D. Design Contract: Tukwila Urban Center Conveyance Inspections Staff is seeking approval of a contract with PACE in the amount of $71,808.00 for design of the Tukwila Urban Center Conveyance Inspections. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. E. Southcenter Boulevard/65th Avenue South Signal Project Update Staff provided an update on the status of right-of-way acquisition for minor portions of the sidewalks on 65th Avenue South. Committee Recommendation Discussion only. The meeting adjourned at 5:54 p.m. JM Committee Chair Approval Minutes by LH 25 26 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayar's review Council review 02/03/25 JR ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: CATRIEN DE BOER ORIGINAL AGENDA DATE: 02/03/25 AGENDA ITEM TITLE Surface Water Fund — S 131st St Drainage Improvements Department of Ecology Streamflow Restoration Grant Award CATEGORY ❑ Discussion Mtg Date 0 Motion Dale ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg 2/3/2025 SPONSOR ❑Council ❑Mayor ❑FIR DCD ❑Finance Fire ❑11_S' ❑PeR ❑Police IIPr ❑Court SPONSOR'S City staff applied to the DOE Streamflow Restoration grant to fund design, permitting, and SUMMARY acquisition expenses. In October 2024, the City was notified that we received the full grant award. The project aims to improve instream and stream buffer habitats, enhance water quality treatment, and mitigate flooding while reducing routine maintenance and the need for dredging. Council is being asked to accept a DOE Streamflow Restoration Grant Award, pending legal review, in the amount of $1,729,600. REVIEWED BY A Trans&Infrastructure CommunitySvs/Safety ❑ Arts Comm. 01/27/2025 Finance Parks Comm. ❑ Planning/Economic Dcv. Comm. ❑ Planning Comm. CHAIR: JOVITA MCCONNELL ❑ LTAC DATE: COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Public Works Department IEE Majority Approval; Forward to the Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,729,600 $0.00 $0.00 Fund Source: GRANT; No CITY MATCH Comments: CIP 2025 2030 S 131st PI Drainage Improvements MTG. DATE RECORD OF COUNCIL ACTION 02/03/25 MTG. DATE ATTACHMENTS 02/03/25 Informational Memorandum dated 01/24/25 2025-2030 CIP Vicinity Map Minutes from Transportation and Infrastructure Committee meeting of 01/27/25 27 28 City of Tukwila Thomas McLeod, Mayor Public Works ❑eportment - Pete Moyer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Pete Mayer, Deputy City Administrator/ Interim Public Works Director BY: Catrien de Boer, Public Works Analyst CC: Mayor McLeod DATE: January 24, 2025 SUBJECT: Surface Water Fund — S 131st St Drainage Improvements Project No. 91641204 Department of Ecology Streamflow Restoration Grant Award ISSUE Accept a Washington State Department of Ecology (DOE) Streamflow Restoration grant for the S 131st St Drainage Improvements project in the amount of $1,729,600. BACKGROUND The S 131st Drainage Improvement Project goal is to address flooding of roadway and adjacent private properties along Southgate Creek, and to address issues that contribute to flooding, water quality, barriers to fish migration and habitat degradation. The original contract's preliminary design and hydraulic modeling indicated a broader approach would be necessary to resolve flooding. DISCUSSION In February 2024, City staff applied to the DOE Streamflow Restoration grant to fund design, permitting, and acquisition expenses related to Phase II of the S 131st St Drainage Improvements project. Phase II work will refine the 30% conceptual designs under Phase I and expand the site footprint to determine useable/developable areas at adjacent parcels. While details will be determined through the design process, the project goals are to enhance instream and stream buffer habitat, reduce flooding, reduce routine maintenance, eliminate the need for dredging, reduce the amount of water bypassed through the underground system, and increase water quality treatment. Grant funding will be used to complete design, prepare bid documents, develop permit applications and construction documents. In October 2024, the City was notified that we received the full grant award. The City is currently completing preliminary design for the S 131st St Drainage Improvements Project and this funding will be used to support the next phase. FISCAL IMPACT The City was awarded a $1,729,600 grant from the DOE for the S 131st Drainage Improvements project. There is no local city match. Project Budget DOE Grant Award $1,729,600.00 Total $1,729,600.00 29 S 131st St Drainage Improvements January 24, 2025 Page 2 RECOMMENDATION Council is being asked to accept a DOE Streamflow Restoration Grant Award, pending legal review, in the amount of $1,729,600 and consider this item on the Consent Agenda at the February 3, 2025 Regular Council Meeting. Attachments: 2025-2030 CIP Page Vicinity Map Https://Tukwilawa.Sharepoint.Com/Sites/Publicworks/Engineering/PW Drop Box/01 TIC Agenda/2025 Agenda Items/TIC 01-27-25/1. Accept Ecology Streamflow Restoration Grant For S 131st Drainage Improvements/Info Memo DOE Streamflow Acceptance For S 131st .Docx 30 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: S 131st Pl Drainage Improvements Project # 91641204 Project Manager Joshua Hopkins Department Surface Water DESCRIPTION: 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. 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: 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 MAINTENANCE IMPACT: 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 COMMENT: grant to support the expanded hydraulic analysis. Assumes estimated 2028 construction. FINANCIAL (in thousands) 2025 2026 2027 2028 2029 2030 Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) $ 25 $ 25 $ - $ 25 $ - $ - $ - $ 75 Planning $ 780 $ 600 $ - $ - $ - $ - $ - $ 1,380 Land (R/W) $ 1,000 $ 1,000 $ - $ - $ - $ - $ - $ 2,000 Construction Mgmt. $ - $ - $ - $ 400 $ - $ - $ - $ 400 Construction $ - $ - $ - $ 2,000 $ - $ - $ - $ 2,000 Total Project Costs $ 1,805 $ 1,625 $ - $ 2,425 $ - $ - $ - $ 5,855 Project Funding Awarded Grant $ 706 $ - $ - $ - $ - $ - $ - $ 706 Proposed Grant $ 1,105 $ 1,625 $ - $ 1,600 $ - $ - $ - $ 4,330 Utility Revenues $ 205 $ - $ - $ 825 $ - $ - $ - $ 1,030 'Total Project Funding $ 2,016 $ 1,625 $ - $ 2,425 $ - $ - $ - $ 6,066 31 32 Figure 1. Southgate Creek Basin - Reaches and Phase I, II & III Locations 3t. a °. 0 o gcpoco 4mo • 6 do op ❑p 9a oto sirtw 303Et-�Po • 1C7 Ca-. gss.9� - 4' FF r l o �08 ' l� p W.140 II a pd 4 f0Cd - ] _5th 0t 93❑q to a o 0 vo 8a n . tf8, r=i 5 I. it'' ,t 6 :' a - i=▪ 11 %I Buildings City Limits West Reach ir!I5; °._ Duwamish River Streams outhgate Park Middle Reach a.^01(„7[ Southgate Creek Mainstem East Reac Foster Golf Links 1:18,056 0 0.1 0.2 0.4 mi 0 0.15 0.3 City of Tukwila, King County, King County 0.6 km City of Tukwila 34 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 27, 2025, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Catrien de Boer, Mike Perfetti, Bryan Still, Adib Altallal I. BUSINESS AGENDA A. Grant Award: S. 131st St Drainage Improvements *Staff is seeking approval to accept a Washington State Department of Ecology Streamflow Restoration grant in the amount of $1,729,600 for the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agend.a B. Grant Award: S. 124th St and 50th Place Reconfiguration Staff is seeking approval to accept a Transportation Improvement Board Urban Arterial Program grant in the amount of $900,404 for design and construction of the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. C. Design Contract: Duwamish Hill Preserve Phase 3 & S. 1046 St Shoreline Restoration Staff is seeking approval of a contract with Anchor QEA in the amount of $453,201.00 for both projects. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. D. Design Contract: Tukwila Urban Center Conveyance Inspections Staff is seeking approval of a contract with PACE in the amount of $71,808.00 for design of the Tukwila Urban Center Conveyance Inspections. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. E. Southcenter Boulevard/65th Avenue South Signal Project Update Staff provided an update on the status of right-of-way acquisition for minor portions of the sidewalks on 65th Avenue South. Committee Recommendation Discussion only. The meeting adjourned at 5:54 p.m. JM Committee Chair Approval Minutes by LH 35 36 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayar's review Council review 02/03/25 JR ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: ADIB ALTALLAL ORIGINAL AGENDA DATE: 02/03/25 AGENDA ITEM TITLE Tukwila Urban Center Conveyance Inspections Design Contract CATEGORY ❑ Discussion Mtg Date 0 Motion Dale ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg 2/3/2025 SPONSOR ❑Council ❑Mayor ❑FIR DCD ❑Finance Fire ❑11_S' ❑PeR ❑Police IIPr ❑Court SPONSOR'S The network of storm pipes in the core retail area of Tukwila has not been inspected in the SUMMARY last several decades or any maintenance. Because of this, pipe conditions are unknown,which could cause flooding from blockage and water quality degradation. PACE have been choosen to do the design for this project. The Mayor is being asked to approve the design contract with PACE in the amount of $71,808.00 for the Tukwila Urban Center Conveyance Inspections. REVIEWED BY A Trans&Infrastructure CommunitySvs/Safety ❑ Arts Comm. 01/27/2025 ❑ Finance ❑ Parks Comm. ❑ Planning/Economic Dcv. Comm. ❑ Planning Comm. CHAIR: JOVITA MCCONNELL ❑ LTAC DATE: COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Public Works Department IEE Majority Approval; Forward to the Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $71,808.00 $0.00 $0.00 Fund Source: SURFACE WATER FUND Comments: Tukwila Urban Center Conveyance Inspections CIP MTG. DATE RECORD OF COUNCIL ACTION 02/03/25 MTG. DATE ATTACHMENTS 02/03/25 Informational Memorandum dated 01/24/25 2025-2030 CIP Design Contract Scope & Fee Minutes from Transportation and Infrastructure Committee meeting of 01/27/25 37 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, Public Works Director BY: Adib Altallal, Utilities Engineer CC: Mayor Thomas McLeod DATE: January 24, 2025 SUBJECT: Surface Water Fund — Tukwila Urban Center Conveyance Inspections Project No. 91241203 — Design Contract ISSUE Approve design contract with PACE to provide design services for the Tukwila Urban Center Conveyance Inspections in the amount of $71,808.00. BACKGROUND The network of storm pipes in the core retail area of Tukwila has not been inspected in the last several decades. Because there have been no inspections, pipe conditions are unknown and rehabilitation, repair, and replacement needs are therefore unknown. It is likely that a significant amount of sediment exists within the storm network in that area. Several stormwater pipes have been selected as higher priority because of the large pipe sizes and more significant impact should a pipe fail. DISCUSSION Blockage of stormwater system may lead to flooding and water quality degradation. Pipes have not been cleaned or inspected since installation. O&M inspects and maintains pipes, catch basins and other assets as part of normal operations. This project will require participation by O&M but will largely relieve ongoing O&M burden. In order to assess the pipe conditions, the storm drain pipes will be cleaned and the sediment will be disposed of. Then the pipe interior will be inspected using a remote -control camera. The inspection will be recorded. Rehabilitation, repair, and replacement needs will then be known and prioritized. FINANCIAL IMPACT PACE's design fee will be fully funded by the surface water fund. Consultant Fee PACE Design Contract $71,808.00 2025 Design Budget $200, 000.00 RECOMMENDATION The Mayor is being asked to approve the design contract with PACE in the amount of $71,808.00 for the Tukwila Urban Center Conveyance Inspections and consider this item on the Consent Agenda at the February 3, 2025 Regular Council Meeting Attachments: CIP Sheet - Tukwila Urban Center Conveyance Inspections PACE Design Contract PACE Scope & Fee 39 40 CITY OF TUKWILA 2025-2030 CAPITAL IMPROVEMENT PROGRAM CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 1 PROJECT: Tukwila Urban Center Conveyance Inspections Project# 91241203 Project Manager Mike Perfetti Department Surface Water DESCRIPTION: The network of storm pipes in the core retail area of Tukwila has not been inspected in the last several decades. Because there have been no inspections, pipe condition is unknown and rehabilitation, repair, and replacement needs are therefore unknown. It is likely that a significant amount of sediment exists within the storm network in that area. Several stormwater pipes have been selected as higher priority because of the large pipe sizes and more significant impact should a pipe fail. The selected area includes 1)Andover Park E from S. 180th Street to Minkler Boulevard, 2) 36" pipe from Minkler Boulevard to Azteca Restaurant, 3) Andover Park West from Tukwila Parkway to S 180th Street, 4) Minkler Boulevard from Southcenter Parkway to ditches at Andover Park West, and 5) Minkler Boulevard to Industry Drive. JUSTIFICATION: Blockage of stormwater system may lead to flooding and water quality degradation. Pipes have not been cleaned or inspected since installation. 'STATUS: Prioritize project given the length of time its been identified. Internal discussions in 2024 to set up for work in 2025. MAINTENANCE IMPACT: project will require participation by O&M but will largely relieve ongoing O&M burden. O&M inspects and maintains pipes, catch basins and other assets as part of normal operations. This In order to COMMENT: disposed recorded. assess the of. Then the Rehabilitation, 2025 pipe conditions, pipe interior repair, and 2026 the storm will be inspected replacement 2027 drain pipes using needs will 2028 will be cleaned a remote -control then be known 2029 and the camera. and prioritized. 2030 sediment The inspection Beyond will be will be FINANCIAL (in thousands) TOTAL Project Costs Project Mgmt (Staff Time/Cost) $ 15 $ 15 $ - $ - $ - $ - $ - $ 30 Design $ 200 $ 390 $ - $ - $ - $ - $ - $ 590 Construction Mgmt. $ 20 $ 20 $ - $ - $ - $ - $ - $ 40 Construction $ 200 $ - $ - $ - $ - $ - $ - $ 200 Contingency $ 10 $ 10 $ - $ - $ - $ - $ - $ 20 Total Project Costs $ 445 $ 435 $ - $ - $ - $ - $ - $ 880 Project Funding Utility Revenues $ 445 $ 435 $ - $ - $ - $ - $ - $ 880 (Total Project Funding $ 445 $ 435 $ - $ - $ - $ - $ - $ 880 41 42 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and PACE Engineers, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform design services in connection with the project titled Tukwila Urban Center Conveyance Inspections. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending 31 December 2025, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than 31 December 2025 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $71,808.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 43 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 44 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 45 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 46 Page 4 DATED this day of , 2024. CITY OF TUKWILA Thomas McLeod, Mayor PACE ENGINEERS: By: Printed Name: ATTEST/AUTHENTICATED: Title: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May 2020 Page 5 47 48 AA PACE EXHIBITA WATER I LAND I INFRASTRUCTURE I FACILITIES SCOPE OF WORK CITY OF TUKWILA STORMWATER INVESTIGATION/ASSESSMENT FOR PIPE DEFICIENCY REAPAIR/REPLACEMENT PROJECT UNDERSTANDING The City of Tukwila (City) has requested a proposal for engineering services to prepare bid documents for the cleaning and video -inspection of specific portions of the City's stormwater system, as well as reviewing the video inspections and developing a report of recommendations for the City to repair/replace any deficiencies that are observed. The City has indicated that approximately 17,000 linear feet of stormwater conveyance system is to be cleaned, inspected and analyzed. SCOPE OF WORK This Scope of Work is intended to provide a summary of the scope and costs associated for the peer review services for the project listed above, at the request of the City. Task 1 — PROJECT MANAGEMENT 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. • 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 prepare and provide monthly status/progress reports with invoices, itemized by task, to the City, describing work performed by the PACE project team during the current reporting period. The progress reports will be prepared in a format approved by the City Project Manager. PROJECT MANGEMENT RESERVE In an effort to facilitate and expedite any changes to the scope, PACE may request that funds be reallocated from the Project Management Reserve to a task associated with a scope variance (additional work). The City provide direction through email to document any formal requests. 49 September 25, 2024 City of Tukwila Stormwater Investigation/Recommendations for Repair/Replacement Scope of Work Page 2 of 6 Assumptions 1. City staff will lead and attend any City Council or committee meetings. PACE will provide materials for said meetings, but its presence will not be required. 2. PACE will attend up to four (4) virtual progress meetings throughout the project at the following milestones a. Review of the draft bidding documents. b. Upon completion of the certified bid tabulation and recommendation of project award c. Review of the draft stormwater system analysis report. d. Review of the final stormwater system analysis report. 3. A general summary of activities performed by PACE including meetings held during the reporting period will be included in the monthly status/progress report. Deliverables 1. Meeting agendas and meeting summaries 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). Task 2 — DEVELOPMENT OF BIDDING DOCUMENTS/BIDDING SUPPORT PACE will create bidding documents so the City may procure a contractor to perform cleaning and videoed inspection of the portions of the system as requested by the City. PACE will provide a project manual that includes the following: 1. Section 1-Instruction to Bidders 2. Section 2-Contract Proposal Documentation Including a Proposal, Bid Schedule, Bid Bond Form, Statement of Bidder's Qualifications, Proposed Subcontractors, Non -Collusion Declaration, and Certificate of Compliance with Wage Payment Statutes. 3. Section 3-Contract Agreement Including the Agreement, Contract Bond and Certificate as To Corporate Principal. 4. Section 4-Special Provisions 5. Section 5-Appendicies Including Prevailing Wage Rates and A Figure That Provides The Location Of The Portions Of The Stormwater System To Be Cleaned/Video Inspected. PACE will also provide bidding support services to the City under this task. Specifically included in this effort will include: 1. PACE will review the bids received for completeness and accuracy in order to provide a Certified Bid Tabulation to the City. 50 C:\Users\johnf\Documents\Admin\Tukwila Scope and Fee \Tukwila - Stormwater CCTV Inspection and Report - Scope With City Edits.docx Al PAC E September 25, 2024 City of Tukwila Stormwater Investigation/Recommendations for Repair/Replacement Scope of Work Page 3 of 6 2. PACE will review the apparent low bidder based on the certified bid tabulation to ensure that the contractor meets all applicable state, federal, and local requirements for project award and will provide a letter of Recommendation of Project Award to the City. Assumptions 1. As the project is expected to be under the $350,000 threshold, the City will procure the contractor through the small works roster method. The Municipal Research and Services Center (MRSC) contractor database will be utilized to obtain contact information for contractors that are listed that are qualified to perform the work. As such PACE will not be required to coordinate with any publications to fulfill advertisement requirements typical the traditional design -bid -build process. PACE also will not be required to coordinate with any physical or online plan holders services. 2. No design drawings will be produced for this task. The bid package will consist of a project manual with the elements listed above included. 3. The figure that is to be provided as an appendix in the project manual will be graphical in nature only. It will be produced based on GIS information provided by the City. 4. It is not anticipated that PACE will attend a formal bid opening. If PACE is to attend a bid opening it will be billed on a time and expense basis. Deliverables 1. PACE will provide a draft project manual in electronic form (PDF format) for two reviews to be performed by the City prior to distribution for contractor procurement. 2. PACE will provide a project manual in electronic form (PDF format) based on the City's review initial review comments for distribution for contractor procurement. 3. Certified Bid Tabulation in electronic form, within 2 days. (PDF format). 4. Recommendation of Project Award in electronic form (PDF format). Task 3 — Contract Administration PACE will provide administration of the CCTV contract. It is anticipated that the following tasks will be included in this task: 1. Facilitating and attendance at a pre -construction conference. 2. Reviewing requests for information (RFI's) from the contractor. 3. Reviewing traffic control plans submitted by the contractor. 4. Coordination of data transfer. 5. Processing of progress payments Al PAC E C:\Users\johnf\Documents\Admin\Tukwila Scope and Fee \Tukwila - Stormwater CCTV Inspection and Report - Scope With City Edits.docx 51 September 25, 2024 City of Tukwila Stormwater Investigation/Recommendations for Repair/Replacement Scope of Work Page 4 of 6 6. Facilitating project closeout. Assumptions 1. For budgeting purposes, the number of RFI's anticipated is ten (10). If there are RFI's more than this estimate, it will require an additional services agreement (ASA) or will be billed on a time and expenses basis. 2. For budgeting purposes, the number of traffic control plans that are to be submitted is three (3). If there are additional traffic control plans more than this estimate, it will require an additional services agreement (ASA) or will be billed on a time and expenses basis. 3. The data transfer will be coordinated through the PACE sharepoint site. The City's project manager will have access to the site to obtain all data provided by the contractor 4. For budgeting purposes, the number of progress payments for processing is three (3). If there are additional progress payments above this estimate, it will require an additional services agreement (ASA) or will be billed on a time and expenses basis. Deliverables 1. PACE will provide a draft of the preconstruction conference agenda in electronic format for comment by the City. After any comments received from the City PACE will finalize the agenda and it will be distributed at the preconstruction conference in either paper copy or electronic format. 2. PACE will provide responses to up to 10 (ten) RFI's in electronic format to the contractor. 3. PACE will provide responses to up to 3 (three) traffic control plans in electronic format to the contractor. 4. PACE will provide up to 3 (three) progress payments in electronic form (PDF format) to the City for processing 5. PACE will provide a completion of public works project and file with the Department of Revenue, Labor and Industry, and Employment Security upon completion of the project and receipt of the contractor's affidavit with Labor and Industry. Task 4 — Inspection Review and Recommendation of Repair/Replacement 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 52 C:\Users\johnf\Documents\Admin\Tukwila Scope and Fee \Tukwila - Stormwater CCTV Inspection and Report - Scope With City Edits.docx Al PACE September 25, 2024 City of Tukwila Stormwater Investigation/Recommendations for Repair/Replacement Scope of Work Page 5 of 6 these observations and information to develop a report that proposes repair/replacement for all anomalies observed in the video of the system. The City has expressed an interest in using a company that analyzes the video inspection by utilizing artificial intelligence (Al). This task includes coordination with the chosen company and a comparison between the Al results and the results from PACE to determine the accuracy of the Al inspection results. PACE will note the comparison in the report provided to the City and provide an analysis of the accuracy of the Al findings vs. the traditional visual inspection. Included in this task is preparation of a presentation that is to be given at an industry event such as an American Public Works Association (or similar organization) conference. The presentation will highlight the results found in the comparison between the Al results and the traditional CCTV inspection. Assumptions 1. 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 340 (approximately 1 anomaly for every 50 feet of pipe inspected). Effort 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. 2. As the existing surface conditions above the pipe locations are not to be topographically surveyed, the recommendations for pipe repair/replacement will strictly be driven by the video inspection itself rather than any surface restoration efforts/requirements. 3. 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 ect. 4. 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. 5. PACE will coordinate with the company that is to provide the Al analysis of the CCTV inspection. However, this company will not be a PACE subconsultant. 6. For budgeting purposes, it is anticipated that approximately 5,000 LF of stormwater conveyance piping will be analyzed by the company providing the Al analysis. Any additional pipe that was analyzed by said company that requires a comparison between results will require an ASA or will be billed on a time and material basis. 7. It is assumed that PACE will prepare the presentation for inclusion at an industry event or conference. The presentation will be in PowerPoint format and will consist of 20-40 slides that highlight the project and its results. Al PAC E C:\Users\johnf\Documents\Admin\Tukwila Scope and Fee \Tukwila - Stormwater CCTV Inspection and Report - Scope With City Edits.docx 53 September 25, 2024 City of Tukwila Stormwater Investigation/Recommendations for Repair/Replacement Scope of Work Page 6 of 6 8. PACE will not be reimbursed for attendance at said industry event or conference. Deliverables 1. PACE will provide a draft pipe assessment report in electronic form (PDF format) for one 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. 3. PACE will provide the City with a database in GIS that includes all data of each of the anomalies analyzed. 4. PACE will provide a final presentation in PowerPoint format. END OF SCOPE OF WORK 54 C:\Users\johnf\Documents\Admin\Tukwila Scope and Fee \Tukwila - Stormwater CCTV Inspection and Report - Scope With City Edits.docx AIiPAC E EXHIBIT B PACE Engineers Project Budget Worksheet - 2024 Project Name Project #: Tukwila Stormwater System Assessment Location:I Tukwila, WA I Prepared By: Date: JF Billing Group #: Task #:I I 9/24/2024 Staff Type # (See Labor Rates Table) Staff Type Hourly Rate Staff Name (optional) Drawing/Task Title Labor Hours by Classification Labor Code Job Title 10 13 18 67 118 $272 $222 $136 $194 $151 $10,000 Principal Engineer Sr. Project Engineer Jr. Engineering Staff Sr. GIS Analyst Sr. Project Ad ministrator Project Management Reserve Hour Total Dollar Total Task 1-Project Management 20 20.0 $5,440.00 Project Management Reserve 1 1.0 $10,000.00 Task 2-Development of Bidding Documents/Bidding Support 8 16 4 16 44.0 $8,920.00 Task 3-Contract Administration 4 16 16 36.0 $6,816.00 Task 4-Inspection Review and Recommendation of Repair/Replacement 20 24 170 8 32 254.0 $40,272.00 Hours Total Labor Total Expenses 52.0 $14,144 56.0 $12,432 Reimbursable 186.0 $25,296 12.0 $2,328 48.0 $7,248 Subconsultants 1.0 $10,000 PACE Billed Reimbursable Subconsultants Total Labor Total Expenses Project Budget 355.0 $71,448.00 $360.00 $71,448.00 rate/unit _ Quantity Cost Utility Locate Subtotal Total Project Administration (enter estimated months) Postage/Courier Printing Costs PhotoNideo Mileage/Travel/Per Diem Miscellaneous $60.00 $360.00 Mechanical Engineer Electrical Engineer Geotechnical Engineer I & C Engineer Subconsultant Markup 15% E $71,808.00 I $360.00 Total File: Tukwila Stormwater CCTV Project, Fee Worksheet Page 1 of 1 Printed: 9/26/2024, 9:57 AM 56 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 27, 2025, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Catrien de Boer, Mike Perfetti, Bryan Still, Adib Altallal I. BUSINESS AGENDA A. Grant Award: S. 131st St Drainage Improvements Staff is seeking approval to accept a Washington State Department of Ecology Streamflow Restoration grant in the amount of $1,729,600 for the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agend.a B. Grant Award: S. 124th St and 50th Place Reconfiguration Staff is seeking approval to accept a Transportation Improvement Board Urban Arterial Program grant in the amount of $900,404 for design and construction of the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. C. Design Contract: Duwamish Hill Preserve Phase 3 & S. 1046 St Shoreline Restoration Staff is seeking approval of a contract with Anchor QEA in the amount of $453,201.00 for both projects. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. D. Design Contract: Tukwila Urban Center Conveyance Inspections Staff is seeking approval of a contract with PACE in the amount of $71,808.00 for design of the *Tukwila Urban Center Conveyance Inspections. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. E. Southcenter Boulevard/65th Avenue South Signal Project Update Staff provided an update on the status of right-of-way acquisition for minor portions of the sidewalks on 65th Avenue South. Committee Recommendation Discussion only. The meeting adjourned at 5:54 p.m. JM Committee Chair Approval Minutes by LH 57 58 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayar's review Council review 02/03/25 JR ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 02/03/25 AGENDA ITEM TITLE Duwamish Hill Preserve Phase 3 & S. 104th St Shoreline Restoration Project Design Contract with Anchor QEA CATEGORY ❑ Discussion Mtg Date 0 Motion Dale ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg 2/3/2025 SPONSOR ❑Council ❑Mayor ❑HR DCD ❑Finance Fire ❑11_S' ❑PeR ❑Police IIPr ❑Court SPONSOR'S The Duwamish Hill Preserve Phase 3 project builds on a long-standing park masterplan and SUMMARY WRIA 9 Habitat Plan initiative to create off -channel habitat and enhance the park visitor experience. Similarly, the South 104t" St Shoreline Restoration Project is a long-standing CIP and Habitat Plan effort. Staff solicitated proposals, conducted interviews, and selected Anchor QEA to provide design services for both projects. The Council is being asked to approve a contract for $453,201.00 with Anchor QEA. REVIEWED BY A Trans&Infrastructure CommunitySvs/Safety ❑ Arts Comm. 01/27/2025 Finance Parks Comm. ❑ Planning/Economic Dcv. Comm. ❑ Planning Comm. CHAIR: JOVITA MCCONNELL ❑ LTAC DATE: COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMILIEE Public Works Department Majority Approval; Forward to the Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $453,201.00 $0.00 $0.00 Fund Source: SURFACE WATER FUND Comments: Duwamish Hill Preserve Phase 3 CIP and S. 104th St Shoreline Restoration CIP MTG. DATE RECORD OF COUNCIL ACTION 02/03/25 MTG. DATE ATTACHMENTS 02/03/25 Informational Memorandum dated 01/24/25 2025-2030 CIPs Consultant Services Contract Exhibits A&B Minutes from Transportation and Infrastructure Committee meeting of 01/27/25 59 60 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 Works Director/Deputy City Administrator BY: Mike Perfetti, Surface Water Sr. Program Manager CC: Mayor Thomas McCleod DATE: January 24, 2025 SUBJECT: Surface Water Fund — Duwamish Hill Preserve Phase 3 & S. 104th St Shoreline Restoration Project Project Numbers 92241203 and 92541203 Design Contract with Anchor QEA ISSUE Approve a professional services contract with Anchor QEA for design services for both the Duwamish Hill Preserve Phase 3 and S. 104th St Shoreline Restoration Project CIPs. BACKGROUND The Duwamish Hill Preserve Phase 3 project builds on a long-standing park masterplan and WRIA 9 Habitat Plan project to create off -channel habitat and expand the park visitor experience. The park master plan calls for moving a portion of S. 115th St landward to improve shallow water habitat, water quality and enjoyment of the shoreline. This scope of services includes site investigation, community outreach, conceptual design alternatives and an implementation roadmap. S. 104th St Shoreline Restoration Project is also a WRIA 9 Habitat Plan and long-standing CIP project aimed at improving the oversteepened and armored shoreline, developing solutions to create a sustainable shoreline that can erosional risk to uplands and provide ecological value. The project will explore the idea of modifying, abandoning and/or vacationing S. 104th Street. Note that staff are discussing partnership opportunities with King County's Mitigation Reserves Program, who are actively seeking mitigation sites. As such, there is potential for scope reduction or modification beyond task 1.1. DISCUSSION Staff solicited proposals, held interviews and selected Anchor QEA to provide design services for both the Duwamish Hill Preserve Phase 3 and S 104th St Shoreline Restoration Project since the sites are in proximity to one another and present many of the same considerations including a restoration goals, adjacency of local roads within the project area, steep slopes, hydrologic issues, and both are at the project initiation phase. FISCAL IMPACT Contract Amount Duwamish Hill CIP Budget S 104th Shoreline CIP Budget DHP3 (Task 2) $229,795.00 $ 230,000.00 - S 104th St Contract (Tasks 1, 3) $223,407.00 $272,000.00 Total $453,201.00 The contract amounts are within the CIP project budgets, sourced from the Surface Water Enterprise (412) Fund. Staff intend on submitting a grant application this year to fund design services for Duwamish Hill Preserve Phase 3 and will continue to seek funding and/or partnerships for both projects over time. RECOMMENDATION The Council is being asked to approve a contract for $453,201.00 with Anchor QEA and forward to consent agenda at the February 3, 2025 regular council meeting. Attachments: CIP p. Duwamish Hill Preserve Phase 3, CIP p. S. 104th St Shorline Restoration, Consultant Services Contract between the City of Tukwila and Anchor QEA https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2025 Agenda Items/TIC 01-27-25/3. DHP3 and S 104th_Anchor QEA contract/Info Memo Anchor_20250115.docx 61 62 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: Duwamish Hill Preserve Phase 3 Project # 92241203 Project Manager Mike Perfetti Department Surface Water DESCRIPTION: The goals of the project are to restore the shoreline to create off -channel habitat and expand the park visitor experience. The park master plan calls for moving a portion of S. 115th Street landward to improve shallow water habitat, water quality and enjoyment of the shoreline. Final design will be informed by a feasibility evaluation and alternatives evaluation process. JUSTIFICATION: This project is described in the Duwamish Hill Preserve Park Master Plan and is listed as Project DUW-63 in the WRIA 9 Salmon Habitat Plan (2021) STATUS: The project has some funding in the 2023-24 CIP for initial feasibility work. Project initiation and consultant advertisement is planned for 2024. This is a work in progress. The Green Infrastructure Program Proposal is intended, in part, to address maintenance MAINTENANCE IMPACT: needs for PW-initiated habitat restoration projects and helping to alleviate pressure on Parks' given resource constraints. Note that vegetation management maintenance needs decrease over time as planted vegetation The City completed acquisitions of properties identified in master plan that may be used for this project. Two small COMMENT: additional undeveloped properties are for sale that would expand the park footprint. FINANCIAL (in thousands) 2025 2026 2027 2028 2029 2030 Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) $ 10 $ 10 $ 20 $ 5 $ 20 $ 20 $ - $ 85 Design $ 200 $ 200 $ 400 $ - $ - $ - $ - $ 800 Land (R/W) $ - $ 300 $ - $ - $ - $ - $ - $ 300 Construction Mgmt. $ - $ - $ - $ - $ 200 $ 200 $ - $ 400 Construction $ - $ - $ - $ - $ 2,000 $ 2,000 $ - $ 4,000 Contingency $ 20 $ 20 $ 40 $ 5 $ 440 $ 440 $ - $ 965 Total Project Costs $ 230 $ 530 $ 460 $ 10 $ 2,660 $ 2,660 $ - $ 6,550 Project Funding Proposed Grant $ - $ 460 $ 400 $ - $ 2,000 $ 2,000 $ - $ 4,860 Utility Revenues $ 230 $ 70 $ 60 $ 10 $ 660 $ 660 $ - $ 1,690 'Total Project Funding $ 230 $ 530 $ 460 $ 10 $ 2,660 $ 2,660 $ - $ 6,550 63 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 PROJECT: S. 104th St Shoreline Restoration Project # 92541203 Project Manager Mike Perfetti Department Surface Water DESCRIPTION: The armored bank on an outside bend of the Duwamish River adjacent to S. 104th Street is steep and subject to erosion and potential failure. This project would analyze site conditions and develop solutions to create a sustainable shoreline that can withstand hydraulic forces, reduce erosional risk to uplands and provide ecological value. JUSTIFICATION: This is project DUW-26 in the WRIA 9 2021 Salmon Recovery Plan Update. The City roadway and adjacent properties and utilities may be at risk under current conditions. STATUS: The project is running behind schedule; the intent is to start with a geotechnical analysis of the bank, analysis of existing conditions and conceptual feasibility and alternative design. This is a work in progress. The Green Infrastructure Program Proposal is intended, in part, to address maintenance MAINTENANCE IMPACT: needs for PW-initiated habitat restoration projects and helping to alleviate pressure on Parks' given resource constraints. Note that vegetation management maintenance needs decrease over time as planted vegetation This project initiatlly appeared in the 2003 Surface Water Comp Plan as "S 104th St Bank Stabilization Project", in response to some observed erosion; despite this, the bank appears somewhat stable, but is extremely steep and COMMENT: cracking is observed on the roadway; some adjacent land uses and access routes have been altered to open up the viability of laying back and restoring the shoreline. FINANCIAL (in thousands) 2025 2026 2027 2028 2029 2030 Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) $ 12 $ 10 $ 10 $ 10 $ 5 $ 5 $ 30 $ 82 Design $ 250 $ - $ 200 $ 200 $ - $ - $ - $ 650 Construction Mgmt. $ - $ - $ - $ - $ - $ - $ 300 $ 300 Construction $ - $ - $ - $ - $ - $ - $ 4,000 $ 4,000 Contingency $ 10 $ - $ - $ - $ - $ - $ 1,000 $ 1,010 Total Project Costs $ 272 $ 10 $ 210 $ 210 $ 5 $ 5 $ 5,330 $ 6,042 Project Funding Proposed Grant $ 150 $ - $ 150 $ 150 $ - $ - $ 4,500 $ 4,950 Utility Revenues $ 272 122 $ 10 $ 60 $ 60 $ 5 $ 5 $ 1,830 $ 2,092 Total Project Funding $ 272 $ 10 $ 210 $ 210 $ 5 $ 5 $ 6,330 $ 7,042 64 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Anchor QEA, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Professional design services in connection with the projects titled Duwamish Hill Preserve Phase 3 and S. 104th St Shoreline Restoration Project. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2025, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2025 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $453,201.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 65 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 66 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 67 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. Consultant reserves the right toterminate this Agreement, upon the City's material breach, if: (1) Contractor has provided written notice to City of the material breach with a reasonable tim to cure and (2) City's failure to so cure. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Anchor QEA 1201 3rd Avenue, Suite 2600 Seattle, WA 98101 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No CA revised May 2020 68 Page 4 amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 Page 5 69 DATED this day of , 20 ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney sponsor staff. ** CONSULTANT: By: Printed Name: Anna Spooner Title: Shareholder CA revised May 2020 70 Page 6 Exhibit A Consultant Scope 71 72 ANCHOR QEA `-'-- Scope of Work January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 City of Tukwila 1. Project Understanding The City of Tukwila (City) seeks to identify opportunities to improve salmonid and wildlife habitat corridors along the Duwamish River while also considering urban infrastructure and use including roadways, utilities, property acquisition, and public use. The City has identified two project sites along the Duwamish River: South 104th Street and Duwamish Hill Preserve. South 104th Street The South 104th Street project site includes 1,000 linear feet with significantly degraded and constrained habitat. The shoreline is characterized by an oversteepened riprap slope with invasive Himalayan blackberry. Figure 1 South 104th Street Project Area • Pedestrian Pathway Boeing Private Properties i3 Nrcr-Is; Project Area Ouffall (typical) The 2021 Water Resource Inventory Area (WRIA) 9 report identifies five key habitats that could be restored along the 1,000 linear feet of shoreline: backwater, Duwamish marsh, Duwamish mudflat, 73 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 2 edge, and riparian. The brackish condition of the site provides an opportunity for diverse vegetation communities along the tidally influenced shoreline. The South 104th Street site includes the South 104th street roadway, four stormwater outfalls, and multiple utilities including overhead lines. The South 104th Street project site falls within privately owned property and City right of way and includes a revetment on King County's inventory. Boeing owns the parcels north of the project footprint, where a public pedestrian pathway follows the shoreline and then crosses the Boeing - owned South 102nd Street bridge to a public shoreline access trail that connects to the Port of Seattle's Salmon Cove Park and the regional Green River Trail. Three parcels in the project area are privately owned. The northernmost parcel extends waterward of the South 104th Street right of way and offers considerable area for habitat creation and restoration. The property is vacant and posted for lease. City staff have been in touch with the leasing agent and King County's In -lieu Fee Mitigation Program manager who, at the time of this writing, has or will be reaching out to the listed property owner of this and the adjacent property to express an interest in purchasing the property and restoring habitat to include in its mitigation bank portfolio. The outcome of this potential purchase scenario will affect the SOW. Duwamish Hill Preserve Located on an ancient glacial deposit perched above the Duwamish River, the Duwamish Hill Preserve has been a significant place to Puget Sound Salish Tribes for generations. The hill provides views up and down the Duwamish River and, of particular cultural importance, of the North Wind Weir located just upstream. Forterra acquired the 10.5-acre property in 2004, transferring the property to the City, who led the 2007 master planning effort to create the Duwamish Hill Preserve as described on Forterra's current website (Figure 2). Soon afterward, Phases 1 and 2 were completed with significant support by community volunteers. The open space preserve has a trail system, Cultural Garden, and outdoor classroom alongside interpretive opportunities and restored habitats. The 2007 master plan identified Phase 3, which is focused on restoring the Duwamish River shoreline. The existing shoreline is a narrow corridor with limited riparian habitat. South 115th Street is set back approximately 50 feet from the river's edge, providing some space for restoration. Realigning the street, as shown in the 2007 master plan, which will be considered, would expand restoration potential for side channel, marsh, and mudflat habitat. Modifications to the roadway would involve existing utilities including electrical poles and conduit, stormwater closed pipes, catch basins, and culverts. The project area includes the Phase 3 area as well as the right riverbank upstream of the Duwamish Hill Preserve that runs along South 115th Street, where a landslide event occurred in January 2022 and the western extent of South 115th street to the East Marginal Way intersection. 74 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 3 In addition, the City recently acquired two easterly parcels, which offer new space for restoration near the shoreline, with potential for invasive vegetation removal and new native riparian communities. In response to complaints about dumping and other nefarious use of the road shoulder, the City (led by the Department of Parks and Recreation) is installing a temporary berm that will limit the amount of available parking and prohibit unobstructed vehicular access to the immediate shoreline. Figure 2 Duwamish Hill Preserve Project Area Overhead and Buried Utilities 17.5 UUWAMISH RIVER ses 1 and 2 (complete) Phase 3: Restore Shoreline Lam~ Habitat Restoration (- 700 linear Feet) Project area continues along shoreline (waterward of S t 15thl to upstream riverbend Project Area Recently Acquired Park Parcels Outfall (typical) Overhead and Buried Utilities Proposed Work Approach To approach the feasibility of the unique restoration opportunities at both project sites, Anchor QEA has developed the following Scope of Work (SOW). The SOW tasks are organized by project site: Task 1 for South 104th Street and Task 2 for Duwamish Hill Preserve. Under each task, we include the following subtasks: • Project Management • Site Investigation • Engagement and Outreach • Basis of Design • Conceptual Design Alternatives • Implementation Roadmap Ultimately, the SOW will provide the City with two feasibility studies that identify alternative strategies for each project site and inform the next phases of work. 75 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 4 The SOW also includes an optional Task 3 to conduct a Phase 1 Environmental Site Assessment (ESA) for the South 104th Street parcels, if the City is acquiring the property or properties. Within the SOW, we have included three subconsultants to support the effort: KPG Psomas for upland survey, Woolpert for bathymetry survey, and Heffron Engineering (Heffron) for transportation planning and analysis. The KPG Psomas and Woolpert proposals are included as Attachment 1. 2. Scope of Services and Deliverables Task 1: South 104th Street Shoreline Restoration Subtask 1.1: Pre -Project Support Anchor QEA will support the City in discussions with King County (County) on potential County acquisition of the private property within the project area and adjacent to South 104th Street. This task includes up to three 1-hour meetings with the City and County to discuss property acquisition and strategy. One meeting is assumed to be on -site, and two meetings are assumed to be virtual with up to two Anchor QEA staff in attendance at each meeting. Anchor QEA will provide input on meeting agendas provided by others and will provide meeting notes for each meeting attended. This task also includes up to 8hours of staff effort to support the City in strategy development and discussions on additional topics including restoration and public access considerations. Subtask 1.2: Project Management This subtask includes overall management of the scope, schedule, and budget and team coordination and communication. Anchor QEA will develop and maintain a schedule for the duration of the project. This subtask also includes regular coordination meetings with the City. These coordination meetings will be virtual, 1-hour, biweekly meetings between the City project manager (Mike Perfetti), other City representatives as needed, and consultant team project manager (Anna Spooner). Up to one additional Anchor QEA team member will also attend. Biweekly meetings will focus on the Task 1 South 104th Street project and the Task 2 Duwamish Hill Preserve project. For the purposes of scoping, our fee assumes that project management will extend over a 12-month period. Half of the biweekly meetings are included in Subtask 1.2 and half of the biweekly meetings are in included in Subtask 2.1. This task also includes City meetings at key project milestones. Meetings will occur at the following steps in the project: • Project kickoff meeting (2 hours, in person at City offices, with three core consultant team staff) • Project milestone meetings (1 hour, virtual, with three core consultant team staff) - One meeting during Subtask 1.5 76 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 5 - Two meetings during Subtask 1.6 Meeting agendas and notes will be prepared for the project kickoff and City milestone meetings. Meeting notes will be provided in a summary format that focuses on documenting key decisions and City comments. This task also includes setting up and managing a SharePoint site for document sharing between Anchor QEA and the City during the project duration. The site will be used for both South 104th Street and Duwamish Hill Preserve. Deliverables • Meeting agendas for project kickoff and City milestone meetings (PDF file) • Meeting notes for project kickoff and City milestone meetings provided as summary emails • Budget status provided in monthly invoices by task (PDF file) • Project schedule developed in Microsoft Project (PDF file) Subtask 1.3: Site Investigation Tasks 1.3 through 1.7, will be informed by the outcomes of Tasks 1.1 and will require prior written authorization by City prior to any work on these tasks. Survey Anchor QEA's subconsultant, KPG Psomas, will complete a topographic survey for upland project areas as shown in Figure 1 (see Attachment 1 for subconsultant proposal). The survey will include ground features, such as extent of pavement, curbs, fences, trees, ditch features, and aboveground utilities. The survey will include a utility locate to mark and survey underground utility locations. The survey will include establishing the lot lines using publicly available GIS data and surveying the right of way and lot lines. Anchor QEA's subconsultant, Woolpert, will complete a bathymetric survey along the project area's shoreline (see Attachment 1 for subconsultant proposal). Anchor QEA will develop a single basemap incorporating the upland and bathymetric survey files. Background Information Review This task will involve a review of existing documents provided by the City and available publicly. This will include the review of existing documents and information or data evaluation for multiple technical disciplines: • Geotechnical (from recent projects such as Chinook Wind and Duwamish Gardens) • Hydrologic and hydraulic (available modeling documentation from Lower Duwamish Waterway projects) 77 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 6 • Utilities • Cultural resources • Biological • Planning, including but not limited to: - City Surface Water Comprehensive Plan - City Stormwater Management Program and King County Surface Water Design Manual - Applicable Sections of the Tukwila Municipal Code - WRIA 9 Salmon Habitat Plan • Regulatory compliance (local, state, federal) Transportation Assessment Heffron will evaluate the opportunities to fully or partially vacate or abandon South 104th Street as part of the project, and whether those options would require roadway mitigation measures. The assessment would include the following tasks: • Assess daily traffic patterns on South 104th Street. Commission 7-day traffic counts (by a contracted vendor) on South 104th Street, and compile counts to assess current use by time of day and day of week. • Assess peak hour traffic operations at near -site intersections. Commission peak period (AM and PM) traffic counts at up to three intersections that could be affected by the South 104th Street closure: East Marginal Way/South 102nd Street, East Marginal Way/South 104th Street, and South 104th Street/South 102nd Street. Evaluate current intersection operations. • Evaluate traffic effect of design options. Evaluate how full or partial closure of the street would affect local access to properties (that may remain with the project) and at nearby intersections. Trips that currently use South 104th Street would be reassigned to likely diversion routes, and the effect on intersection and site access operations will be assessed. All traffic operations analyses will be performed using Synchro 11 (or newer) software. A No Action condition and up to three project options will be evaluated. • Evaluate non -motorized transportation. Evaluate how pedestrian and bicycle traffic that may now use South 104th Street would be accommodated with up to three project alternatives. • Determine mitigation. Develop potential improvements that could be made for each alternative to mitigate any adverse impacts. • Document results in a technical memorandum. Draft findings will be reviewed with the project team to inform the project design criteria. The budget assumes up to two rounds of review before a final version of the technical memorandum is completed. 78 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 7 Partnership Research Anchor QEA will evaluate potential partnership options to support project financing and/or project implementation. Partnerships may include King County, public entities (i.e., Port of Seattle), non- governmental organizations, financial partners/investors, and parties in need of a mitigation project to offset development impacts or from natural resource injuries associated with contamination within the Lower Duwamish Waterway Superfund site. Potential opportunities for partnering will be presented to the City during a project milestone meeting. Deliverables • Survey and basemap (PDF format) • Site Investigation Summary Memorandum (PDF format) • Preliminary Draft Transportation Assessment (PDF format) • Updated Draft Transportation Assessment (PDF format) • Final Transportation Assessment (PDF format) Subtask 1.4: Engagement and Outreach Engagement and Outreach Plan Anchor QEA will collaborate with the City to develop engagement and communication strategies that will inform planning -level engagement and outreach. The plan will identify key stakeholders who could include: • City departments • King County • Port of Seattle • Current property owners • Neighboring property owners: Boeing The plan will include a strategy and schedule for engaging with stakeholders, Tribes, and agencies. Stakeholder Engagement The SOW includes two stakeholder engagement meetings. Each meeting will be virtual and last 1 hour. Up to three Anchor QEA team members will join. The SOW includes meeting preparation and meeting notes for each meeting. Tribal Engagement Support The SOW assumes the City will lead Tribal engagement. The SOW includes up to 8 hours of staff time to support the City. 79 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 8 Early Agency Outreach The SOW includes one on -site or virtual meeting with agency staff (including U.S. Fish and Wildlife Services). This meeting invitation could also be extended to the Lower Duwamish Waterway (LDW) Trustees. The meeting will last 2 hours and up to three Anchor QEA team members will attend. The SOW includes meeting preparation and meeting notes. Deliverables • Engagement Plan (Word format) • Stakeholder and agency meeting materials (PDF format) • Meeting notes for stakeholder and agency meetings (Word and PDF formats) Subtask 1.5: Basis of Design Opportunities and Constraints Analysis Based on Subtask 1.3, Anchor QEA will document a site opportunity and constraint diagram to provide a graphical summary and synthesis of the findings. This will include relevant site observations and client and stakeholder input. In this subtask, Anchor QEA will also draft project goals for South 104th Street. Design Criteria Anchor QEA will document design criteria based on the identified project goals, opportunities, and constraints. The design criteria will be used to evaluate the alternatives and guide the development of the preferred alternative. Deliverables • Draft summary memorandum documenting goals, opportunities, constraints, and design criteria (Word format) • Final summary memorandum (PDF format) • Opportunity and Constraints Diagram (plan view, scaled, PDF format) Subtask 1.6: Conceptual Design Alternatives Design Alternatives Anchor QEA will develop three conceptual design alternatives that consider the existing conditions, project goals, opportunities, and constraints as documented in Subtask 1.5. The design alternatives will propose different approaches (ranging from a restoration minimum to a maximum) to restoring the shoreline, vacating/abandoning South 104th Street, modifying utilities, and incorporating adjacent upland properties. Each design will include a plan and up to two sections. The conceptual alternative plan and section drawings will be simple, basic scaled drawings over a basemap. The plan 80 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 9 and section drawings will be color rendered in a basic, consistent way to provide clarity of communication. A conceptual rough order -of -magnitude (ROM) opinion of probable construction cost (OPCC) will be developed for each of the alternatives to assist in comparing the alternatives. Mitigation Credit Alternative Analysis Anchor QEA will develop estimates of expanded aquatic restoration area and potential mitigation credits generated for each alternative. Mitigation credits will be presented for each alternative in a summary table. Alternative Analysis and Preferred Alternative Anchor QEA will analyze the alternatives based on the evaluation criteria generated in subtask 1.5. Anchor QEA will develop a summary of the alternative evaluation and analysis in the form of a summary matrix showing the evaluation criteria and rankings with the intention of choosing one of the conceptual design alternatives as the preferred alternative. If one conceptual design alternative is not determined to be the preferred alternative, the desired elements that scored well in the alternative analysis will be summarized to inform the future development of the project. For the preferred alternative, Anchor QEA will develop one axonometric visual rendering of the preferred conditions. Deliverables • South 104th Street Design Alternatives (scaled, rendered plan views, PDF format) • South 104th Street Design Alternatives ROM OPCC (PDF format) • South 104th Street Alternative Mitigation Credit Summary Table (PDF format) • South 104th Street Alternative Design Criteria Comparison Matrix (PDF format) • Draft and Final South 104th Street Preferred Alternative Visual Rendering (PDF format) Subtask 1.7: Implementation Roadmap Anchor QEA will summarize Subtasks 1.3 through 1.6 in a summary report that describes the project feasibility and alternatives analysis to support the City with the next phases of work, including design, permitting, and implementation. The report will document data gaps and will also identify potential funding sources, partnership opportunities, and implementation strategies. Deliverables • Draft South 104th Street Implementation Report (Word format) • Final South 104th Street Implementation Report (PDF format) 81 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 10 Task 2: Duwamish Hill Preserve Phase 3 Subtask 2.1: Project Management This subtask includes overall management of the scope, schedule, and budget and team coordination and communication. Anchor QEA will develop and maintain a schedule for the duration of the project. This subtask also includes regular coordination meetings with the City. These coordination meetings will be virtual, 1-hour, biweekly meetings between the City project manager (Mike Perfetti), other City representatives as needed, and consultant team project manager (Anna Spooner). Up to one additional Anchor QEA team member will also attend. As noted in Task 1, biweekly meetings will focus on the Task 1 South 104th Street project and the Task 2 Duwamish Hill Preserve project. For the purposes of scoping, our fee assumes that project management will extend over a 12-month period. Half of the biweekly meetings are included in Subtask 1.2 and half of the biweekly meetings are in included in Subtask 2.1. This task also includes City meetings at key project milestones. Meetings will occur at the following steps in the project: • Project kickoff meeting (2 hours, in person at City offices, with three core consultant team staff) • Project milestone meetings (1 hour, virtual, with three core consultant team staff) - One meeting during Subtask 2.4 - Two meetings during Subtask 2.5 Meeting agendas and notes will be prepared for the project kickoff and City milestone meetings. Meeting notes will be provided in a summary format that focuses on documenting key decisions and City comments. Deliverables • Meeting agendas for project kickoff and City milestone meetings (PDF file) • Meeting notes for project kickoff and City milestone meetings provided as summary emails • Budget status provided in monthly invoices by task (PDF file) • Project schedule developed in Microsoft Project (PDF file) Subtask 2.2: Site Investigation Survey KPG Psomas will complete a topographic survey for upland portions of the Project Phase 3 area as shown in Figure 2 (see Attachment 1 for subconsultant proposal). The survey will include ground features, such as extent of pavement, curbs, fences, trees, ditch features, and aboveground utilities. The survey will include a utility locate to mark and survey underground utility locations. The survey 82 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 11 will include establishing the lot lines using publicly available GIS data and surveying the right of way and lot lines. Woolpert will complete a bathymetric survey along the project area's shoreline (see Attachment 1 for subconsultant proposal). The survey will extend upriver from the Duwamish Hill Preserve to capture the City -owned shoreline. Anchor QEA will develop a single basemap incorporating the upland and bathymetric survey files. Background Information Review This task will involve a review of existing documents provided by the City and available publicly. This will include the review of existing documents and information or data evaluation for multiple technical disciplines: • Geotechnical, including but not limited to: - 2022 Duwamish Riverbank Assessment for South 115th Street - Chinook Wind and Duwamish Gardens documentation • Hydrologic and hydraulic (available modeling documentation from Lower Duwamish Waterway projects) • Utilities • Cultural resources • Biological • Planning, including but not limited to: Duwamish Hill Preserve Master Plan (2007) City Surface Water Comprehensive Plan City Stormwater Management Program and King County Surface Water Design Manual Applicable Sections of the Tukwila Municipal Code - WRIA 9 Salmon Habitat Plan • Transportation • Regulatory compliance (local, state, federal) Transportation Assessment Heffron will evaluate the opportunities and constraints to reconfiguring South 115th Street as part of the project, and to improving pedestrian access across East Marginal Way South. The assessment would include the following tasks: • Assess daily traffic patterns on South 115th Street. Commission 7-day counts (by a contracted vendor) on both South 115th Street and East Marginal Way South for use in evaluating traffic signal warrants. These counts will capture both traffic volumes and speed. Compile counts to assess current street use by time of day and day of week. 83 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 12 • Assess peak hour traffic operations at near -site intersections. Commission peak period (AM and PM) traffic counts at the South 115th Street/East Marginal Way South intersection to assess turning movements and current pedestrian volumes at the intersection. Evaluate current intersection operations. • Evaluate potential pedestrian crossing options including a full signal or pedestrian -only signal and assess warrants for each option based on traffic and pedestrian volumes. • Evaluate potential improvements and traffic calming measures on South 115th Street including optimal pedestrian crossing locations and treatments, potential traffic calming measures such as raised crosswalks or curb bulbs, and how changes to parking location or quantity could affect site access driveways. • Estimate parking need for the Duwamish Hill Preserve based on parking counts of the existing lot and South 115th Street combined with parking demand data that Consultant has compiled for other passive -use parks. • Document results in a technical memorandum. Draft findings will be reviewed with the project team to inform the project design criteria. The budget assumes up to two rounds of review before a final version of the technical memorandum is completed. Deliverables • Survey and basemap (PDF format) • Site Investigation Summary Memorandum (PDF format) • Preliminary Draft Transportation Assessment (PDF format) • Updated Draft Transportation Assessment (PDF format) • Final Transportation Assessment (PDF format) Subtask 2.3: Engagement and Outreach Engagement Plan Anchor QEA will collaborate with the City to develop an approach to engagement and outreach. The plan will identify contact for key stakeholders who could include: • City departments • Forterra • Friends of Duwamish Hill Preserve • Neighboring property owners • King County • King County Conservation District The plan will include a schedule for engaging with stakeholders, community, Tribes, and agencies. The plan will also identify types of content to be included alongside outreach events such as online 84 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 13 surveys provided in parallel to community meetings. The fee assumes two planning meetings and a memorandum summarizing the elements above. Stakeholder Engagement The SOW includes two stakeholder engagement meetings. Each meeting will be virtual and last 1 hour. Up to three Anchor QEA team members will join. The SOW includes meeting preparation and meeting notes for each meeting. Community Outreach Anchor QEA will support the City to conduct community outreach to request project input and garner support. Two community meetings will be held as in -person meetings that will last 2 hours. Three members of the Anchor QEA team will attend each meeting. One meeting will occur following the development of the project's basis of design (Subtask 2.4) and the second meeting will occur following the development of the conceptual design alternatives (Subtask 2.5). The meetings will occur at a centrally located public building organized by the City. Anchor QEA will facilitate these meetings with the City project manager providing a supporting role. Anchor QEA will prepare presentation and meeting materials including PowerPoint presentations, presentation boards (up to three boards per meeting), and additional facilitation materials such as notetaking boards and white boards for public comments. The presentation materials will utilize graphics developed in other project subtasks. Presentation materials will be suitable for future City use in presentations to City boards, commissions, and elected leadership. Meeting participants will be encouraged to write comments during the meeting. Anchor QEA meeting facilitators will also document comments during the meeting with live notetaking. Anchor QEA will transcribe all comments after the meeting. No additional meeting notes will be provided. Simultaneous to the community meeting, the City will launch an online survey using a platform such as Survey Monkey. Anchor QEA and the City will collaborate on the survey content. Anchor QEA will manage a live survey during the meeting and then leave the survey open for a defined period after the meeting to allow for more community feedback. Once the survey is closed, Anchor QEA will download and review the online input and develop summary visual content representing the survey results to present to the City to assist with project decision making. Meeting materials and survey results will be posted by the City on their website. Tribal Engagement Support The SOW assumes the City will lead Tribal engagement. The SOW includes up to 8 hours of staff time to support the City. 85 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 14 Early Agency Outreach The SOW includes one on -site or virtual meeting with agency staff (including U.S. Fish and Wildlife Services). This meeting invitation could also be extended to the LDW Trustees. The meeting will last 2 hours and up to three Anchor QEA team members will attend. The SOW includes meeting preparation and meeting notes. Deliverables • Engagement Plan memorandum (Word format) • Draft and final stakeholder and agency meeting materials (PDF formats) • Meeting notes for stakeholder and agency meetings (Word and PDF formats) • Draft and final community outreach online survey content (Word format) • Draft and final community meeting materials (PDF format) • Draft and final community survey result summary (PDF format) • Live notetaking and community comments transcribed (PDF format) Subtask 2.4: Basis of Design Opportunities and Constraints Analysis Based on Subtask 2.2, Anchor QEA will document a site opportunity and constraint diagram to provide a graphical summary and synthesis of the findings. This will include relevant site observations and client and stakeholder input. In this subtask, Anchor QEA will also draft project goals for Duwamish Hill Preserve Phase 3. Design Criteria Anchor QEA will document design criteria based on the identified project goals, opportunities, and constraints. The design criteria will be used to evaluate the alternatives and guide the development of the preferred alternative. Deliverables • Draft summary memorandum documenting goals, opportunities, constraints, and design criteria (Word format) • Final summary memorandum (PDF format) • Opportunity and Constraints Diagram (plan view, scaled, PDF format) Subtask 2.5: Conceptual Design Alternatives Design Alternatives Anchor QEA will develop three conceptual alternative design alternatives that consider the existing conditions, project goals, opportunities, and constraints as documented in Subtask 2.4. The design 86 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 15 alternatives will propose different approaches (ranging from a minimum to a maximum restoration) to restoring the shoreline, moving South 115th Street, modifying utilities, and providing new public access elements both within Duwamish Hill Preserve and for connection to Duwamish Gardens. Each design will include a plan and up to two sections. The conceptual alternative plan and section drawings will be simple, basic scaled drawings over a basemap. The plan and section drawings will be color rendered in a basic, consistent way to provide clarity of communication. A conceptual ROM OPCC will be developed for each of the alternatives to assist in comparing the alternatives. Mitigation Credit Alternative Analysis Anchor QEA will develop estimates of expanded aquatic restoration area and potential mitigation credits generated for each alternative. Mitigation credits will be presented for each alternative in a summary table. Alternative Analysis and Preferred Alternative Anchor QEA will analyze the alternatives based on the evaluation criteria. Anchor QEA will develop a summary of the alternatives evaluation and analysis in the form of a summary matrix showing the evaluation criteria and rankings with the intention of choosing one of the conceptual design alternatives as the preferred alternative. If one conceptual design alternative is not determined to be the preferred alternative, the desired elements that scored well in the alternative analysis will be summarized to inform the future development of the project. For the preferred alternative, Anchor QEA will develop one axonometric visual rendering of the preferred conditions. Deliverables • Draft and Final Duwamish Hill Preserve Design Alternatives (scaled, rendered plan views, PDF format) • Draft and Final Duwamish Hill Preserve Design Alternatives ROM OPCC (PDF format) • Duwamish Hill Preserve Alternative Design Criteria Comparison Matrix (PDF format) • Draft and Final Duwamish Hill Preserve Preferred Alternative Visual Rendering (PDF format) Subtask 2.6: Implementation Roadmap Anchor QEA will summarize Subtasks 2.2 through 2.5 in a summary report that describes the project feasibility and the alternatives analysis and supports the City for the next phases of work, including design, permitting, and implementation. The report will document data gaps and will also identify potential funding sources, partnership opportunities, and implementation strategies. Deliverables • Draft Duwamish Hill Preserve Implementation Report (Word format) 87 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 16 • Final Duwamish Hill Preserve Implementation Report (PDF format) Task 3: South 104th Street Phase 1 Environmental Site Assessment — Optional Task Task 3 may be informed by the outcomes of Task 1.1 and will require prior written authorization by City prior to any work on this optional task. Anchor QEA will support the City in preparation for development of the South 104th Street property located in Tukwila, Washington, by conducting a Phase I ESA. The ESA will be performed at the Subject Property consisting of three tax parcels located at 10215, 10315, and 10325 East Marginal Way South in Tukwila, Washington (Tax Parcel IDs: 0423049002, 0423049051, 0423049117, respectively). Under Task 3, Anchor QEA will complete the Phase I ESA in accordance with 40 Code of Federal Regulations Part 312 — Innocent Landowners, Standards for Conducting All Appropriate Inquiries using the methods described in ASTM standard E1527-21. This work will document the history of the Property and surrounding area, survey available information regarding environmental conditions, document current conditions at the Property, and identify any recognized environmental concerns (RECs) that indicate a potential release of hazardous substances to soil or groundwater. The Phase I ESA will include the following specific elements: • Site reconnaissance, including a visual on -site inspection of the Property during a 1-day site visit • Interviews of up to three persons knowledgeable about the Property, including (as available) current and past owners, operators, occupants, or state or local governmental officials • A review of historical property records and historical aerial photographs • A review of federal and state environmental records concerning waste management practices, underground storage tank records, and/or documentation of historical releases at the Property • Identification of other commonly known or reasonably ascertainable information about the Property Site Visit and Interviews As part of the Phase I ESA, Anchor QEA will conduct an in -person site inspection of the Property. The site inspection will be performed to visually assess and document current Property conditions and to evaluate/identify potential areas of concern based on visual review. 88 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 17 Following the site visit, up to three persons knowledgeable about the Property will be interviewed to provide additional information about historical activities at the Property. Topics addressed during each interview may include the following: • Historical operations that have occurred throughout all areas of the Property • Handling/use of chemicals or other materials that could have resulted in potential environmental impacts to the Property including, for example, presence of waste oil drums and underground storage tanks • Records of any environmental incidents (spills, releases, etc.) that have occurred at the Property • Records of Property improvements and/or modifications (new buildings, excavation areas, paving, etc.) Deliverables • Anchor QEA will prepare and submit a draft and final Phase I ESA Report that covers all tax parcels, identifying the findings, opinions, and conclusions of the assessment. The report will document the methods used to perform the Phase I ESA, provide full documentation of the work completed and records reviewed, an evaluation of the RECs (if applicable), describe results of the Phase I ESA, and provide Anchor QEA's professional recommendations. If applicable, the report will include an identification of site -specific data gaps and a description of appropriate field investigation methods that can be used to resolve these data gaps. 3. Assumptions • Regular check -in meetings with the City will occur virtually. City milestone meetings will occur at the City's offices. • Meetings in addition to those described in this SOW are not included and will be considered additional work. • Outreach and engagement meetings will rely on materials in other tasks to produce outreach materials. • Anchor QEA will facilitate outreach and engagement meetings. The City will determine who is invited to meetings, provide all meeting invitations, and coordinate meeting logistics, including securing meeting rooms and ensuring that audio-visual equipment is available and in working order. • Community meetings will occur in the evening and will be a conventional format with a presentation followed by a question -and -answer session. • The City will provide project updates on a City -led online platform (such as the City's website). This will include posting community meeting presentations and community survey results. • The City will lead outreach with all Tribes. 89 January 17, 2025 South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 Page 18 • Travel time will be billed to the City. Travel time from Seattle to the City is estimated at 1 hour round trip. • Alternatives will be developed within the project areas identified in Figures 1 and 2. If the project boundaries expand, Anchor QEA will discuss with the City which level of evaluation and/or design work can be conducted within those additional areas within the scope and fee negotiated for this work. • No permitting applications or formal agency correspondence will be prepared under this SOW. • Tasks 1.2 and 2.2 background information reviews will rely on existing information; no new site (e.g., soil geotechnical or natural resource field data) data collection is included in this SOW. If significant data gaps are identified during the technical review, they will be summarized and included in the discussion data gaps in the final report. Technical reviews will inform the conceptual alternatives and alternative analysis on a conceptual level only. • Site investigation work is limited to the work described in Tasks 1.2 and 2.2. If additional site investigations work is deemed necessary, it will be negotiated as additional work under a contract amendment. • The survey does not include a boundary survey with calculated lot lines and easements (and does not include the additional research and calculations for the boundary survey). The survey does not include recording the survey as Records of Survey. • The City does not currently have a maximum allowable construction cost for the South 104th Street restoration or Duwamish Hill Preserve Phase 3 Projects. The preferred alternative conceptual design will inform the City's maximum allowable construction cost. • An OPCC will be developed as ROM costs to reflect the level of design (conceptual) and will include a contingency markup appropriate to this stage of design. • A new OPCC will not be developed for the preferred alternative for either South 104th Street or Duwamish Hill Preserve. It is assumed that the preferred alternative will be one of the three developed alternatives and there will not be changes to the OPCC. • The SOW does not include time for developing grant applications. 4. Budget Exhibit B provides a detailed summary of the proposed fee. 5. Schedule Work will begin immediately after a contract is executed (expected in January 2025). South 104th Street and Duwamish Hill Preserve schedules are not expected to run parallel and will be on their own tracks. It is expected that final reporting for both South 104th Street and Duwamish Hill Preserve will be completed by the end of 2025. 90 Attachment 1 Subconsultant Proposals 91 92 Heffron Engineering w N 0 O Ln O coo- Eli to- CCO 0 CO(0N CD LO O co N co - co to N V N L() EA 69 ER ER 69 - 0 CD LO L71- CO E ER Lf) 10 ER Eft W0 0 CO 0 O� N- O co co co co • N V N cY-5. Ln Eft EA EA EA 69 0 O 0 O 0 O M N CO V (0 O Assess daily traffic patterns Assess peak hour operations Evaluate traffic effect of design options Evaluate non -motorized transportation Determine mitigation Document results in Tech Memo N 0 N 0 O 0 O O M N W CO 10 O Assess daily traffic patterns Assess peak hour operations Evaluate pedestrian crossing options Evaluate potential improvements Estimate parking need CIS Q U 'O 4) Document results in Tech Memo 0 0 0 CO CZ • N_ N ER ER O o 0 LO N ER O 0 0 M_ LO (0 O O EA 69- * Direct expenses include the cost of vendor -performed traffic counts at 10% markup, plus travel to site for field observations and parking counts. 93 94 EXHIBIT A PRIME CONSULTANT COST COMPUTATIONS Anchor Qea City of Tukwila Shoreline Restoration Project - S 104th Street Upland KPG PROJECT NUMBER: TBD DATE: November, 2024 KPG Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Office Admin Survey Mgr Project Surveyor Survey Technician Survey Crew I Survey Crew II 111 252 173 144 214 272 Hours Fee Task 1 — Topographic Survey and Right of Way Determination la Survey Control 1 1 1 6 9 $ 2,168.00 lb Survey Mapping 1 36 37 $ 7,956.00 1c Survey Utilities (see below for utility locate expense) 1 6 7 $ 1,884.00 ld Base map preparation 2 2 36 40 $ 6,034.00 le Road ROW determination 1 9 10 $ 1,809.00 Task Total 1 6 12 36 36 12 103 $ 19,851.00 Reimbursable Direct Non -Salary Costs Utility Locates $ 2,000.00 Total Reimbursable Expense $ 2,000.00 Total Estimated Budget $ 21,851.00 95 EXHIBIT A PRIME CONSULTANT COST COMPUTATIONS Anchor Qea City of Tukwila Shoreline Restoration Project - Duwamish Hill Preserve KPG PROJECT NUMBER: TBD DATE: November, 2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Office Admin Survey Mgr Project Surveyor Survey Technician Survey Crew I Survey Crew II 111 252 173 144 214 272 Hours Fee Task 1 — Topographic Survey and Right of Way Determination 1a Survey Control 1 1 1 10 13 $ 3,256.00 1 b Survey Mapping 1 68 69 $ 14,804.00 1 c Survey Utilities (see below for utility locate expense) 1 10 11 $ 2,972.00 ld Base map preparation 2 3 68 73 $ 10,815.00 1e Road ROW determination 1 16 17 $ 3,020.00 Task Total 1 6 20 68 68 20 183 $ 34,867.00 Reimbursable Direct Non -Salary Costs Utility Locates $ 3,500.00 Total Reimbursable Expense $ 3,500.00 Total Estimated Budget $ 38,367.00 96 W O O L P E R T 637 Lindaro Street Suite 100 San Rafael, CA 94901 Client Anchor QEA 1201 3rd Avenue Seattle, WA 98101 Requested By: Anna Spooner Email Address: aspooner@anchorqea.com Project Name: 104th Street Cost Quote Quote #: Date: 636 12/2/2024 Item Description Quantity Cost Total Project Information: Anchor QEA Object Detection and Mudline Multibeam Bathymetric Survey 1 Mobilization/Demobilization - Lump Sum 0.5 $975.00 $487.50 Discounted if combined with Duwamish Hill work If not combined, full rate applies 2 Field Acquisition 0.5 $5,594.00 $2,797.00 Multibeam Survey Combined with Duwamish Hill work 3 Processing & Reporting 0.5 $2,760.00 $1,380.00 Point files AutoCAD Plot (Contours/Soundings) 4 Additional Processing 0.0 $145.00 As required; per hour Currency: USD Subtotal: $4,664.50 Sales Tax (0.0 % ): $0.00 Total: $4,664.50 For questions regarding this quote, please contact Adam Taylor at adam.taylor@woolpert.com or 1 (907) 521-3370. 97 W O O L P E R T 637 Lindaro Street Suite 100 San Rafael, CA 94901 Client Anchor QEA 1201 3rd Avenue Seattle, WA 98101 Requested By: Anna Spooner Email Address: aspooner@anchorqea.com Project Name: Duwamish Hill Cost Quote Quote #: Date: 636 12/2/2024 Item Description Quantity Cost Total Project Information: Anchor QEA Object Detection and Mudline Multibeam Bathymetric Survey 1 Mobilization/Demobilization - Lump Sum 0.5 $975.00 $487.50 Discounted if combined with 104th Street work If not combined, full rate applies 2 Field Acquisition 0.5 $5,594.00 $2,797.00 Multibeam Survey Combined with 104th Street work 3 Processing & Reporting 0.5 $2,760.00 $1,380.00 Point files AutoCAD Plot (Contours/Soundings) 4 Additional Processing 0.0 $145.00 As required; per hour Currency: USD Subtotal: $4,664.50 Sales Tax (0.0 % ): $0.00 Total: $4,664.50 For questions regarding this quote, please contact Adam Taylor at adam.taylor@woolpert.com or 1 (907) 521-3370. 98 Exhibit B Consultant Fee 99 100 Exhibit B Proposed Fee Labor Categories Billing Rate Task 1 South 104th Street Shoreline Restoration Task 2 Duwamish Hill Preserve Phase 3 Task 3 South 104th Street Phase 1 ESA (optional) Total Hours Total Dollars Principal $ 328 99.0 72.0 8.0 179.0 $ 58,712 Senior Manager $ 288 14.0 10.0 0.0 24.0 $ 6,912 Manager $ 269 170.0 172.0 0.0 342.0 $ 91,998 Senior Staff $ 238 56.0 70.0 24.0 150.0 $ 35,700 Staff 2 $ 188 252.0 282.0 0.0 534.0 $ 100,392 Staff 1 $ 159 24.0 64.0 50.0 138.0 $ 21,942 Senior Technical Editor $ 163 32.0 28.0 0.0 60.0 $ 9,780 Technical Editor $ 139 0.0 0.0 10.0 10.0 $ 1,390 Senior Project Coordinator $ 156 16.0 16.0 2.0 34.0 $ 5,304 Project Coordinator $ 128 12.0 12.0 0.0 24.0 $ 3,072 Total Hours 675 726 94 1,495 Total Labor $ 156,002 $ 161,212 $ 17,988 $ 335,202 Average Hourly Rate $ 224 Subconsultants Heffron Engineering $ 17,660 $ 19,210 $ - $ 36,870 KPG Psomas $ 21,851 $ 38,367 $ - $ 60,218 Woolpert $ 4,665 $ 4,665 $ - $ 9,329 EDR $ - $ - $ 500 $ 500 Total Cost $ 44,176 $ 62,242 $ 500 $ 106,917 Markup 10.0% $ 4,418 $ 6,224 $ 50 $ 10,692 Internal Reimbursables (no markup) Mileage ($/mile) $0.670 $ 34 $ 117 $ - $ 151 SharePoint site ($/mo) $20.00 $ 240 $ - $ - $ 240 Total Cost $ 274 $ 117 $ - $ 391 TOTAL COSTS $ 204,869 $ 229,795 $ 18,538 $ 453,201 See next page for Task breakdown fee table. South 104th Street Shoreline Restoration and Duwamish Hill Preserve Phase 3 p City of Tukwila Page 1 of 1 January 2025 Task Fee Breakdown Table Task 1: South 104th Street Proposed Fee Subtask 1.1: Pre -Project Support $5,248 Subtask 1.2: Project Management $16,850 Subtask 1.3: Site Investigation $79,669 Subtask 1.4: Engagement and Outreach $12,042 Subtask 1.5: Basis of Design $7,990 Subtask 1.6: Conceptual Design Alternatives $61,126 Subtask 1.7: Implementation Roadmap $21,944 TOTAL TASK 1 FEE $204,869 Task 2: Duwamish Hill Proposed Fee Subtask 2.1: Project Management $14,658 Subtask 2.2: Site Investigation $95,810 Subtask 2.3: Engagement and Outreach $29,095 Subtask 2.4: Basis of Design $9,512 Subtask 2.5: Conceptual Design Alternatives $59,352 Subtask 2.6: Implementation Roadmap $21,368 TOTAL TASK 2 FEE $229,795 Task 3: South 104th Street - Environmental Site Assessment Option Proposed Fee TOTAL TASK 3 FEE $18,538 102 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 27, 2025, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; Hannah Hedrick Staff Present: Pete Mayer, Griffin Lerner, Catrien de Boer, Mike Perfetti, Bryan Still, Adib Altallal I. BUSINESS AGENDA A. Grant Award: S. 131st St Drainage Improvements Staff is seeking approval to accept a Washington State Department of Ecology Streamflow Restoration grant in the amount of $1,729,600 for the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agend.a B. Grant Award: S. 124th St and 50th Place Reconfiguration Staff is seeking approval to accept a Transportation Improvement Board Urban Arterial Program grant in the amount of $900,404 for design and construction of the project. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. C. Design Contract: Duwamish Hill Preserve Phase 3 & S. 1046 St Shoreline Restoration *Staff is seeking approval of a contract with Anchor QEA in the amount of $453,201.00 for both projects. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. D. Design Contract: Tukwila Urban Center Conveyance Inspections Staff is seeking approval of a contract with PACE in the amount of $71,808.00 for design of the Tukwila Urban Center Conveyance Inspections. Committee Recommendation Majority approval. Forward to February 3, 2025 Regular Consent Agenda. E. Southcenter Boulevard/65th Avenue South Signal Project Update Staff provided an update on the status of right-of-way acquisition for minor portions of the sidewalks on 65th Avenue South. Committee Recommendation Discussion only. The meeting adjourned at 5:54 p.m. JM Committee Chair Approval Minutes by LH 103 104 COUNCIL AGENDA SYNOPSIS nitiais Meeting Date Prepared by Mayor's review Council review 01/27/25 ESC 02/03/25 ESC ITEM INFORMATION ITEM No. 6.A. STAFF SPONSOR: ERIC COMPTON ORIGINAL. AGENDA DATE: 01/27/25 AGENDA ITEM TITLE Ordinance Granting a Non -Exclusive Franchise Agreement with Intermountain Infrastructure Group CATEGORY ❑ Discussion Mt p Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 01/27/25 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other bltg Date SPONSOR ❑ Council ❑ Mayor ®Adtnin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Intermountain Infrastructure Group (IIG) provides backbone internet services across the Western United States. Council is being asked to approve the new ordinance for the franchise agreement that will allow IIG to expand their network into Tukwila and provide competition for local internet service providers. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Technology and Innovation Services / Joel Bush COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $o APPROPRIATION REQUIRED $o Fund Source: NO FUNDING REQUIRED Comments: Under the terms of the Franchise, IIG is required to pay the City a $5000 administrative fee. MTG. DATE RECORD OF COUNCIL ACTION 01/27/25 02/03/25 Consensus existed to Forward to Regular Meeting MTG. DATE ATTACHMENTS 01/27/25 Informational Memorandum dated 01/08/25 Draft Ordinance 02/03/25 Final Ordinance 105 106 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC, AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, AND REPAIR A TELECOMMUNICATIONS NETWORK IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Intermountain Infrastructure Group, LLC ("Franchisee") has requested that the City Council grant it a new nonexclusive franchise, and WHEREAS, the City Council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Franchise. The franchise agreement, attached and incorporated herein as Attachment A, is hereby approved and adopted by the City Council. The term of the franchise shall be for five (5) years, commencing on the date the last party executes the franchise. Section 2. Terms & Conditions. The terms and conditions governing the franchise specified in Section 1 shall be those set forth on Attachment A to this Ordinance and incorporated herein by this reference as if set forth in full. Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to this Ordinance shall not become effective until its terms and conditions are accepted by Intermountain Infrastructure Group, LLC. Such acceptance shall contain any required letter of credit, evidence of insurance, all applicable fees pursuant to Section 14 of the 2025 Legislation: IIG Franchise Agreement Version: 01/15/2025 Staff: E. Compton Page 1 of 2 107 Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall conform substantially to Attachment B, and evidence the unconditional acceptance of the terms hereof and a promise to comply with and abide by the provisions, terms and conditions hereof. Section 4. 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 5. 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 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A — Intermountain Infrastructure Group, LLC, Franchise Agreement Exhibit B — Intermountain Infrastructure Group, LLC, Statement of Acceptance 2025 Legislation: IIG Franchise Agreement Version: 01/15/2025 Staff: E. Compton Page 2of2 108 ATTACHMENT A [See attached.] 109 110 TELECOMMUNICATIONS FRANCHISE Between CITY OF TUKWILA, WASHINGTON and Intermountain Infrastructure Group, LLC This Telecommunications Franchise is entered into by and between the City of Tukwila, Washington a municipal corporation, hereinafter ("the City") and Intermountain Infrastructure Group, LLC who is hereinafter known as ("IIG" or "Franchisee"). The City and Franchisee are sometimes referred to hereinafter collectively as the "parties." Section 1. Franchise Granted. Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to IIG a non- exclusive franchise (the "Franchise") under the terms and conditions contained in this franchise ordinance (the "Franchise Ordinance"). Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a telecommunications network, in, under, on, across, over, through, along or below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to City permits issued pursuant to this Franchise and in accordance with all applicable federal, state, and local codes. (a) "Facilities" as used in this Franchise means one or more elements of Franchisee's telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances; provided that placement by Franchisee of new utility poles is specifically excluded unless otherwise specifically approved by the City. Equipment enclosures with air conditioning or other noise generating equipment are also excluded from "Facilities," to the extent such equipment is located in zoned residential areas of the City. For the purposes of this Franchise the term Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as defined by RCW 80.36.375, and "macrocell" facilities, including towers and new 111 base stations and other similar facilities (except for fiber optic cables) used for the provision of "personal wireless services" as defined by RCW 80.36.375. (b) Public "Rights -of -Way" means land acquired or dedicated to the public or that is hereafter dedicated to the public and maintained under public authority, including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, utility easements and similar public property located within the franchise area but does not include: State highways; land dedicated for road, streets, highways not opened and not improved for motor vehicle use by the public; structures including poles and conduits located within the right-of-way; federally granted trust lands or forest board trust lands; lands owned or managed by the State Parks and Recreation Commission; federally granted railroad rights - of -way acquired under 43 USC § 912 and related provisions of federal law that are not open for vehicular use; or leasehold or City -owned property to which the City holds fee title or other title and which is utilized for park, utility or a governmental or proprietary use (for example, buildings, other City -owned physical facilities, parks, poles, conduits, fixtures, real property or property rights owned or leased by the City not reserved for transportation purposes). Section 2. Authority Limited to Occupation of the Public Rights -of -Way Section 2.1. The authority granted pursuant to this Franchise is a limited authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise Area"). No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right -of -Way, or upon private property without the owner's consent, or upon any public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents that it expects to provide the following services within the City: high speed data and fiber optic services, internet protocol -based services, internet access services, conduit and dark fiber leasing, telephone, data transport and other telecommunications and information services (the "Services"). Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way as a public 112 thoroughfare. Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an amendment to this Franchise approved by the City Council. Section 2.2. Notwithstanding the existence of this Franchise, the installation, construction, maintenance, use, operation, replacement and removal by Franchisee of any one or more Franchise Facilities will be subject to all applicable provisions of Title 11 TMC, including, but not limited to, the City's Infrastructure, Design, and Construction Standards, adopted by the City's Public Works Department of Public Works, the terms and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations. Section 2.3. Franchisee shall have the right, without prior City approval, to offer or provide capacity or bandwidth to its customers consistent with this Franchise, provided: (a) Franchisee at all times retains exclusive ownership over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise, provided that leases or other commercial arrangements for the use of the Facilities installed pursuant to this Franchise may extend beyond the term of the Franchise; (c) Such customer or lessee shall not be construed to be a third -party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, unless such rights are otherwise granted by the City. Section 3. Non -Exclusive Franchise. Section 3.1. This Franchise is granted to the Franchisee upon the express condition and understanding that it shall be a non-exclusive Franchise which shall not in 113 any manner prevent or hinder the City from granting to other parties, at other times and under such terms and conditions as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in, on, to, across, over, upon, along, under or through any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public Rights -of -Way or other public properties covered or affected by this Franchise, nor shall this Franchise affect the City's jurisdiction, authority or power over any of them, in whole or in part. The City expressly retains its power to make or perform any and all changes, relocations, repairs, maintenance, establishments, improvements, dedications, or vacations of or to any of the roads, Public Rights -of -Way or other public properties covered or affected by the Franchise as the City may, in its sole and absolute discretion, deem fit, including the dedication, establishment, maintenance and/or improvement of new Public Rights -of - Way, thoroughfares and other public properties of every type and description. Section 4. Term; Early Termination. Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term Expiration Date"), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise. Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and, together with the Initial Term, the "Term"), unless either party provides one hundred twenty (120) days written notice to the other party to request an amendment to the Franchise. 114 Section 5. Location of Facilities. Section 5.1. Franchisee is maintaining a telecommunications network, consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City's Infrastructure, Design and Construction standards and the Tukwila Municipal Code and subject to the City's applicable permit requirements. Franchisee shall not commence any construction or other similar work within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has been issued by the City pursuant to Title 11 TMC for a site -specific location or installation, including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building permit authorizing such work has been issued by the City. Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are part of the state highway system ("State Highways"), are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Franchisee specifically agrees that: (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. Section 6. Relocation of Facilities Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities when so required by the City due to any of the following reasons: (i) traffic conditions, 115 (ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or improvement thereof, (iv) widening and/or improvement of existing rights -of -way, (v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road grade, or (viii) the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; PROVIDED that the Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of the same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee Facilities required to be temporarily disconnected or removed. The provisions of this Section 6 apply to all Franchisee Facilities wheresoever situated within any Public Right - of -Way, regardless of whether the Franchisee Facility at issue was originally placed in such location under the authority of an easement or other property interest prior to the property becoming a Public Right -of -Way. For the avoidance of doubt, such projects shall include any Right -of -Way improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit, and not primarily for the benefit of a private entity, and shall not include, without limitation, any other improvements or repairs undertaken by or for the sole benefit of third party private entities. Collectively all such projects described in this Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060. Section 6.2. Upon the request of the City and in order to facilitate the design of City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and expense, to locate and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection so that the location of the facilities may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee Facilities submitted pursuant to Section 13 of this Franchise are reasonably determined by the Public Works Director to be inadequate for the City's planning purposes. The 116 decision to require relocation of any Franchisee Facilities in order to accommodate Public Projects shall be made by the Public Works Director upon review of the location and construction of the Franchisee Facilities at issue. Where the City incurs additional costs in performing any maintenance, operation, or improvement of or to public facilities due to measures taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly upon receiving the City's invoice for same. Section 6.3. Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction or development) which reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required relocation for purposes of this Section 6. Section 6.4. If the City determines that the Public Project necessitates the relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation Date, unless the City or a reviewing court establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to involve Franchisee in the predesign and design phases of any Public Project. After receipt of the written notice containing the Relocation Date, Franchisee shall relocate such facilities to accommodate the Public Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. Section 6.5. If Franchisee fails to complete this work within the time prescribed above and to the City's satisfaction, the City may cause such work to be done and bill the 117 cost of the work to Franchisee, including all costs and expenses incurred by the City due to Franchisee's delay. In such event, the City shall not be liable for any damage to any portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment, and that delay results in any delay damage accrued by or against the City, Franchisee will be liable for all documented costs of construction delays attributable to Franchisee's failure to timely act. Franchisee reserves the right to challenge any determination by the City of costs for construction delays related to an alleged failure to act in accordance with this Section 6.5. Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19 against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or in the event of an emergency beyond the control of the City which will result in severe financial consequences to the City, which necessitates the relocation of Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period specified by the City. Section 6.8. The provisions of this Section 6 shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 6.9. Whenever any person shall have obtained permission from the City to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty 118 (30) days' written notice from the City, shall raise, remove, or relocate to another part of the Right -of -Way, at the expense of the person desiring to move the building, any of Franchisee's Facilities that may obstruct the removal of such building. Section 6.10. The provisions of this Section 6 shall survive the expiration, revocation, abandonment or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights -of -Way. Section 7. Undergrounding of Facilities. Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of permit application, the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to underground installation at Franchisee's expense; provided that the City requires all other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such facilities to underground installation at the same time. Unless otherwise permitted by the City, Franchisee shall underground its Facilities in all new developments and subdivisions, and any development or subdivision where all utilities, other than electrical utilities, are currently underground. Section 7.2. Whenever the City may require the undergrounding of the aerial utilities (other than electrical utilities and personal wireless services facilities) in any area of the City, Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any such relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee's own Facilities. "Common costs" shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of Franchisee's 119 Facilities being undergrounded in comparison to the total number and size of all other utility facilities being undergrounded. Section 7.3. To the extent Franchisee is providing Services to personal wireless services facilities, Franchisee shall adhere to the design standards for such personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards. For the purposes of clarity, this Section 7.3 does not require undergrounding or interior placement of Facilities within the pole to the extent that the personal wireless services facilities are located on utility poles that have pre-existing aerial wireline facilities and provided such construction of Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2. Section 7.4. Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights -of -Way along the extension of cable to be removed, except as provided in this Section 7.4. Franchisee may remove any underground cable and other related facilities from the Right -of -Way that has been installed in such a manner that it can be removed without trenching or other opening of the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights -of -Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 6. When the City determines, in the City's sole discretion, that Franchisee's underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section 9, prior to any such removal of underground cable, conduit and other related facilities from the Right -of - Way and must provide as -built plans and maps pursuant to Section 13.1. Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the other party's placement of utilities or increase such party's actual costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs to access the open trench and any costs associated with the delay of the completion of a public works project. 120 The City shall pay to the Franchisee the incremental costs of providing such access to the open trench. Section 7.6. The provisions of this Section 7 shall survive the expiration, revocation, abandonment or termination of this Franchise. Nothing in this Section 7 shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee's Facilities. Section 8. Emergency Work/Dangerous Conditions. Section 8.1. In the event of any emergency in which any of Franchisee's Facilities located in or under any street endangers the property, life, health or safety of any person, or if Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Tukwila City Hall is open for business. The City retains the right and privilege to cut or move any Facilities located within the Rights -of - Way of the City, in response to any public health or safety emergency. Section 8.2. The City shall not be liable for any damage to or loss of Facilities within the Rights -of -Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights - of -Way by or on behalf of the City, except to the extent directly and proximately caused by sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section 8 except to the extent caused by the sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. 121 Section 8.3. Whenever the construction, installation or excavation of Facilities conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property and take such reasonable actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. Section 9. Work in the Rights -of -Way. Section 9.1. During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice (except in the case of an emergency) of its intent to commence work in the Rights -of -Way. The City shall only 122 issue permits that are in compliance with the TMC and the City's generally applicable design standards. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications. In no case shall any work commence within any Rights -of - Way without a permit, except as otherwise provided in this Franchise. Section 9.3. If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7) days' prior notice of intended construction to residents in the affected area prior to any underground construction or disturbance. Such notice shall contain the dates, contact number, nature and location of the work to be performed. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed. Door hangers are permissible methods of notifications to residents. Franchisee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee's work shall, at the sole expense of Franchisee, 123 be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee's Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to protect above ground Facilities. Franchisee's tree trimming activities shall protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. All trimming shall be at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent such vegetation from coming in contact with Franchisee's Facilities. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend and hold harmless the City from third -party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Public Works Director or designee. Section 9.6. Franchisee shall meet with the City and other franchise holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights -of -Way. All construction locations, activities, 124 and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights - of -Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 9.9. The provisions of this Section 9 shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 10. Restoration. Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section 22, promptly remove any obstructions from the Rights -of -Way and restore the surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights -of -Way not caused by Franchisee. The Public Works Director or designee shall have final approval of the condition of such Rights -of -Way after restoration. All concrete encased survey monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and 125 specifications. Section 10.2. Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards. Section 10.3. If conditions (e.g. weather) make the complete restoration required under Section 10 impracticable, Franchisee shall temporarily restore the affected Right - of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section 10.4.In the event Franchisee does not repair a Right -of -Way or an improvement in or to a Right -of -Way within the time reasonably directed to by the Public Works Director, or his/her designee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section 14.3 and Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section 24. Section 10.5. The provisions of this Section 10 shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 11. Safety Requirements. Section 11.1. Franchisee shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights - of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, 126 rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and reimbursed to the City pursuant to Section 14.3 and Section 14.4. Section 11.3. Additional safety standards include: (a) Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry -standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights -of -Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. 127 Section 11.4. Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and (e) Establish conditions, consistent with the applicable laws, regulations, ordinances or generally applicable standards under which work may be resumed. Section 12. Work of Contractors and Subcontractors. Section 12.1. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 13. Maps and Records. Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of substantial completion of any construction project involving a Public Right -of -Way, provide to the City, at no cost to the City, accurate copies of as -built plans and maps stamped and signed by a professional land surveyor or engineer in a form and content acceptable to the Public Works Director or designee. Section 13.2. Within thirty (30) days of a written request from the Public Works Director, the Franchisee shall furnish the City with information sufficient to demonstrate: 128 (1) that the Franchisee has complied with all applicable requirements of this Franchise; and (2) that all taxes, including but not limited to sales, utility and/or telecommunications taxes, due the City in connection with the Franchisee's services and Facilities provided by the Franchisee have been properly collected and paid by the Franchisee. Section 13.3. Books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights -of -Way and which are reasonably necessary to demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from the City, be made available for inspection by the City at reasonable times and intervals but no more than one time each calendar year or upon the City's reasonable belief that there has been a violation of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; provided, however, Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. Section 13.4. Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose such information to comply with a utility tax audit, or in the event the City is permitted to charge franchise fees as further described in Section 15.1, or as otherwise required in this Franchise. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential, trade secret, or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee may take 129 appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee's records reasonably related to the administration or enforcement of this Franchise and the collection of utility taxes, in accordance with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit. Section 14. Costs and Fees. Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise, not to exceed $5,000. No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee; further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of receipt of the invoice. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. As provided under RCW 35.21.860(1)(b), where the City incurs actual administrative costs and expenses directly related to the review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise, Franchisee 130 shall pay such direct costs and expenses directly to the City in accordance with the provisions of Section 14.3 and RCW 35.21.860(1)(b). Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Right -of - Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation or rerouting of Franchisee's Facilities for any City public works project, in accordance with RCW 35.21.860(1)(b). Section 14.4. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. Billing will be made on a monthly basis. Section 15. City's Reservation of Rights Section 15.1. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a Franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's 131 operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section 15.2. Franchisee acknowledges that its operation with the City constitutes a telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under TMC Chapter 3.50, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify or expand the taxes and fees that may be lawfully assessed on Franchisee's Services. Section 16. Police Powers and City Ordinances. Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of the Franchise granted by this Franchise Ordinance, including, but not limited to, any valid ordinance made in the exercise of the City's police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations, including design standards and utility accommodation policies, the location, elevation, manner of construction, and maintenance of any Franchisee Facilities located within any Public Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of law or be deemed discriminative under the Telecommunication Act of 1996. In the event of a conflict between the regulatory provisions of this Franchise Ordinance and any other ordinance(s) enacted under the 132 City's police power authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth herein. Section 17. Limitation of City's Liability. Section 17.1. Administration by the City of the Franchise granted by this Franchise Ordinance shall not be construed to create the basis for any liability to any third party on the part of the City, its elected and appointed officials, officers, employees, and agents for any injury or damage from the failure of the Franchisee to comply with the provisions of this Franchise Ordinance; by reason of any plan, schedule or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of the Franchise by the City; or for the accuracy of plans submitted to the City. Section 18. Compliance with All Applicable Laws. Section 18.1. Each party agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City's police powers. Franchisee further agrees to remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. 133 Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written request for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, either party may pursue any available remedies at law or in equity. Section 19. Indemnification Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 19. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 19.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including 134 costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable fees of any services rendered by the counsel retained by the City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section 19.4. The parties acknowledge that this Franchise may be subject to RCW 4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 19.5. Notwithstanding any other provisions of this Section 19, Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City - owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, intentional misconduct or criminal actions on the part of the City, its officers, agents, employees, 135 volunteers, or elected or appointed officials, or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages, lost profits and consequential damages, brought by or under users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors except to the extent any such damage or destruction is caused by or arises from the sole negligence or intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section 19.6. The provisions of this Section 19 shall survive the expiration, revocation, termination, or abandonment of this Franchise. Section 20. Insurance. Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and as long as Franchisee has Facilities in the rights -of -way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the rights -of -way. (a) No Limitation. Franchisee's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. (b) Minimum Scope of Insurance. Franchisee shall obtain insurance of the types and coverage described below: 136 (i) Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under Franchisee's Commercial General Liability insurance policy with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage. (ii) Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. (iii) Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of Franchisee. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (iv) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (v) Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as Franchisee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Contractor's Excess or Umbrella Liability insurance policy. (c) Minimum Amounts of Insurance. Franchisee shall maintain the following insurance limits: (i) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. (ii) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. 137 (iii) Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. (iv) Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. (d) Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of Franchisee's insurance and shall not contribute with it. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. (f) Verification of Coverage. Franchisee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Franchise. Upon request by the City, Franchisee shall furnish certified copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all subcontractors' coverage. (g) Subcontractors. Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of Franchisee -provided insurance as set forth herein, except Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. Franchisee shall ensure that the City is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 2026. 138 (h) Notice of Cancellation. Franchisee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. (i) Failure to Maintain Insurance. Failure on the part of Franchisee to maintain the insurance as required shall constitute a material breach of Franchise, upon which the City may, after giving five business days' notice to Franchisee to correct the breach, terminate the Franchise or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. (j) City Full Availability of Franchisee Limits. If Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by Franchisee, irrespective of whether such limits maintained by Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Franchisee. (k) Franchisee — Self -Insurance. If Franchisee is self -insured or becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all payments within the self -insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in Section 19. Section 21. Bonds. Section 21.1.Construction Performance Bond. Upon an application for a permit involving excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the City in an amount equal to 150% of the construction cost, which should not be less than $2,000. The amount of the Performance Bond may be reduced during construction as determined by the City. 139 The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights -of -Way and other City properties affected by the construction; (5) submission of as -built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as -built drawings, and the posting of a Maintenance Bond as described in Section 21.2. Section 21.2. Maintenance Bond. Following excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City's release of the bond required by Section 21.1. Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section 21 shall constitute a material breach of this Franchise. The amount of the bond shall not be 140 construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 22. Abandonment of Franchisee's Facilities. Section 22.1. Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way within thirty (30) days of receiving written notice from the Public Works Director or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee's Facilities must be first approved by the Public Works Director or his/her designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Right -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such removal provided Franchisee shall not be responsible for any changes to the Right -of -Way not caused by Franchisee or any person doing work for Franchisee. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Section 22.3. Any Facilities which are not removed within one hundred twenty (120) days of either the date of termination or revocation or the date the City issued a permit authorizing removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22 shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord and such landlord later replaces, removes or relocates the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within 141 the Right -of -Way within ninety (90) days of such notification from the landlord at no cost to the City. Section 22.5. The provisions of this Section 22 shall survive the expiration, revocation, abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in Rights -of -Way. Section 23. Forfeiture and Revocation. Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 23.2. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. This hearing does not give the right to either the City or Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the Tukwila City Council, on the basis of the record, will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Tukwila City Council does not grant any additional period, the Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. Section 24. Remedies to Enforce Compliance. Section 24.1. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction 142 compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise, the other party (the "Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and condition the extension of time on the Defaulting Party's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not 143 cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no further notification pursuant to this Section 24, (2) refuse to grant additional permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or Franchise Bond set forth in Section 21.3. Section 25. Non -Waiver. Section 25.1. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. Section 26. Acceptance. Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section 20, any applicable construction Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3, and the administrative fee pursuant to Section 14.1. Section 27. Survival. Section 27.1. All of the provisions, conditions, and requirements of Section 6, Section 7, Section 9, Section 10, Section 19, Section 20, Section 22, Section 33, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, 144 successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. Section 28. Assignment. Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless prior written consent is provided to the City within sixty (60) days following the assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. Section 28.2. Any transactions which singularly or collectively result in a change of 50% or more of the (i) ownership or working control (for example, management of Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's Telecommunications facilities within the City; or (iii) control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within the City, shall be considered an assignment or transfer requiring notice to the City pursuant to this Franchise. Such transactions between affiliated entities are not exempt from notice requirements. A Franchisee shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of a Franchisee within sixty (60) days following the closing of the transaction. Section 29. Entire Agreement. Section 29.1. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. 145 Section 30. Extension. Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may, subject to applicable law: (a) Allow Franchisee to maintain and operate its Facilities on a month -to -month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or (b) The City may order the removal of any and all Facilities at Franchisee's sole cost and expense consistent with Section 22. Section 31. Eminent Domain. Section 31.1. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee's Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. Section 32. Vacation. Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the vacated portion of the Right -of -Way within which Franchisee may continue to operate existing Facilities under the terms of this Franchise for the remaining period of the term set forth in Section 4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area, in which Franchisee is located. The City may, after sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such vacated area. Section 33. Hazardous Substances. 146 Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent caused by Franchisee's use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, whether or not intentional. Section 33.2. The obligations of the Franchisee under this Section 33 shall survive the expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise Ordinance. Section 34. Notice Section 34.1. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF TUKWILA FRANCHISEE Public Works Director Intermountain Infrastructure Group, LLC 6200 Southcenter Blvd 533 Airport Blvd Suite 400 Tukwila, WA 98188 Burlingame, CA 94010 206-433-1800 Phone: 970-444-9943 E-Mail: Legal@intermountainig.com Section 34.2. The Franchisee's current emergency contact shall be IIG's Network Operations Center and is reachable via the following number 800-444-9943, and shall be available 24 hours a day, seven days a week. The Franchisee shall promptly notify the City of any change in the notice address or emergency contact (or title) and phone number. Section 35. Miscellaneous. 147 Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a business or utility license from the City. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. Section 35.2. City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Section 35.3. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. Section 35.4. This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or Snohomish County Superior Court. Section 35.5. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section 35.6. Where the context so requires, the singular shall include the plural and the plural include the singular. Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. Section 35.8. This Franchise may be enforced at both law and equity. 148 Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 35.10. This Franchise is subject to all current and future applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules, or regulations. Section 35.11. There are no third party beneficiaries to this Franchise. Section 35.12. Non -Discrimination. The City's grant of the Franchise will be nondiscriminatory and competitively neutral as compared to other non -incumbent franchisees within the City's jurisdiction. 149 Attachment B STATEMENT OF ACCEPTANCE , for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. By: Date: Name: Title: STATE OF ) )ss. COUNTY OF ) On this day of , 2025, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of Residing at MY COMMISSION EXPIRES: 150 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/3/25 AY ITEM INFORMATION ITEM NO. 7.A. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 2/3/25 AGENDA ITEM TITLE Accept resignation of Councilmember Quinn from Tukwila City Council CATEGORY ® Discussion Mtg Date 2/3/25 ® Motion Mtg Date 2/3/25 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Altg Date ❑ Public Hearing Mtg Date ❑ Other !Wig Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY Councilmember Quinn was appointed to the King County Council on 1/28/25. Council is being asked to formally accept his resignation from the Tukwila City Council. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/3/25 MTG. DATE ATTACHMENTS 2/3/25 Letter 151 152 City of Tukwila City Council January 28, 2025 Tukwila City Council 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Tukwila City Councilmembers, I am writing to formally submit my resignation from Tukwila City Council Position No. 7, effective today, January 28, 2025. This afternoon I was appointed by the King County Council to fill the vacant District 5 position. It has been my great honor to serve Tukwila as a City Councilmember and I look forward to continued partnership in my new role. Sincerely, ‘‘.- De'Sean Quinn 6zoo Southcenter Boulevard • Tukwila, Washington • 98188 - Tel: 2o6-433-1800 • www.tukwilawa.gov 153 154 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/3/25 AY ITEM INFORMATION ITEM NO. 7.B. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 2/3/25 AGENDA ITEM TITLE Resolution of Service Appreciation for Councilmember Quinn CATEGORY ® Discussion Mtg Date 2/3/25 ❑ Motion Mtg Date ® Resolution Mtg Date 2/3/25 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S It is customary for the City Council and Mayor to co-sign a resolution expressing SUMMARY appreciation for the service of outgoing elected officials. The City Council is asked to adopt a resolution for Councilmember Quinn. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/3/25 MTG. DATE ATTACHMENTS 2/3/25 Resolution 155 156 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE TO DE'SEAN QUINN FOR HIS SERVICE AS A COUNCILMEMBER. WHEREAS, De'Sean Quinn was appointed to the City Council in 2008, and was subsequently elected and re-elected to four consecutive four-year terms with broad public support; and WHEREAS, De'Sean also possesses a highly influential regional and statewide presence with years of service on numerous and diverse boards, commissions, and committees; and WHEREAS, on January 28, 2025, De'Sean was appointed to the District 5 position by the King County Council, in further recognition of his significant strengths, experience, and visionary leadership; and WHEREAS, De'Sean will be greatly missed on the Tukwila City Council for his collaborative approach, wisdom, work ethic, integrity, budget knowledge, and core values; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: On behalf of the entire Tukwila community, the Mayor and Councilmembers express their sincere gratitude to De'Sean Quinn for his seventeen years of dedicated service as a City of Tukwila Councilmember. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of February, 2025. Thomas McLeod, Mayor Mohamed Abdi ATTEST/AUTHENTICATED: Tosh Sharp Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Armen Papyan Jovita McConnell Dennis Martinez Hannah Hedrick 157 158 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/3/25 LH ITEM INFORMATION ITEM No. 7.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 2/3/25 AGENDA ITEM TITLE Representation on the Puget Sound Regional Fire Authority Governance Board CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The City Council needs to designate a new representative to serve on the PSRFA Governance Board alongside Councilmembers McConnell and Martinez. This does not require a formal motion and vote but can be done by consensus. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: COMMITTEE CHAIR: ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/3/25 MTG. DATE ATTACHMENTS 2/3/25 No attachments 159 160 T0: City of Tukwila Thomas McLeod, Mayor Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: January 28, 2025 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Mayors Innovation Project Winter Meeting: Mayor McLeod attended the Mayors Innovation Project Winter Meeting in Washington DC January 14-16. During the Innovation Showcase he gave a presentation about the Tukwila Community Leadership Initiative program run by Jo Anderson. • WRIA 9 Salmon Recovery Committee Meeting: On January 15 Community development staff participated in the monthly WRIA 9 Salmon Recovery Implementation Technical Committee meeting. The meeting addressed resource and project sharing for culvert replacement, and stream and salmon/habitat restoration. • US Conference of Mayors Winter Meeting: Mayor McLeod attended the US Conference of Mayors Winter Meeting in Washington DC January 16-19. • Air & Space Manufacturing Roundtable: On January 17 Economic Development staff attended a meeting of the Air & Space Manufacturing Roundtable. • Sound Cities Mayors Meeting: Mayor McLeod attended a Sound Cities Mayors meeting on January 21. • SEA Airport Lunch: On January 23 Mayor McLeod, Councilmembers Martinez, McConnell and Papyan and Director Miles attended the SEA Airport Lunch hosted by the Seattle Southside Chamber of Commerce. • AWC Mayors Exchange: Mayor McLeod participated in an Association of Washington Cities Mayors Exchange in Olympia January 23 - 24. • Soundside Alliance Meeting: Economic Development staff attended a Soundside Alliance meeting on January 24 that included staff from the Workforce Development Council (WDC), King County, and the Port of Seattle. The discussion was an information exchange about the WDC's role and workforce development resources. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 161 City Administrator's Report January 28, 2025 Page 2 • Meeting with Tukwila School District re Preschool Preparedness: Emergency Management met with the Tukwila School District to discuss expanding our Preschool Preparedness Program to Cascade View Elementary. • Meeting with King County Housing Authority: Emergency Management met with the new Emergency Management & Preparedness Specialist at King County Housing Authority to discuss possible collaboration during an emergency. • Sub -Regional Human Services Planners Meeting: Human Services staff attended a sub - regional HS Planners meeting on January 15. The discussion centered on homelessness response and shelter scarcity. IL. Staff Updates Public Safety • Tukwila Officers Provide Assistance on Inauguration Day: On January 20, Tukwila Police officers were in Washington DC along with officers from all over the country to assist the Capitol Police and the DC Metropolitan Police with security efforts for Inauguration Day. • Puget Sound Fire Deploys Crews to California: In response to a request for assistance from the State of California, Puget Sound Fire deployed seven personnel on Type 1 and Type 3 engines to assist in fighting the wildfires in California. • Police Polar Plunge: Tukwila Police officers have been invited to participate in a Polar Plunge event being organized by the Issaquah Police Department. The event will take place in Redmond on February 22. Project Updates • Immigrant Safety Plan Webinar: On January 14, Human Services attended a Webinar on 1- 14-25 sponsored by Legal Council for Youth & Children focusing on an Immigrant Safety Plan to help parents plan for their children if a parent is detained or deported. • Miracle Village Community Advisory Committee: Human Services staff attended the monthly Community Advisory Committee for Miracle Village on January 15. The Miracle Village team is successfully assisting residents with barrier removal to obtain permanent housing. Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for February 19, 2025. 3 resident position terms expire March 31, 2025. No vacancies. • Civil Service Commission: The next meeting is scheduled for February 20, 2025. 1 vacant position effective March 1, 2025. The term for this position ends March 31, 2028. • COPCAB: The next meeting is scheduled for February 13, 2025. VACANT: 1 Business Position and Student Representative. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 162 City Administrator's Report January 28, 2025 Page 3 • Equity & Social Justice Commission: The next meeting is scheduled for February 6, 2025. 1 City Employee position term expires March 31, 2025. 1 Education/Community position term expires March 31, 2025. 2 Community position terms expire March 31, 2025. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for February 20, 2025. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 1 Resident position and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for February 4, 2025. 4 Resident position terms expire March 31, 2025. No vacancies. • Lodging Tax Advisory Committee: The next meeting is scheduled for February 14, 2025. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for February 12, 2025. 3 Community position terms expire March 31, 2025. VACANT: 1 Community position and Student Representative. • Planning Commission: The next meeting is scheduled for February 27, 2025. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 163 164 UPCOMING MEETINGS AND EVENTS FEBRUARY 2025 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. FEB 3 MON FEB 4 TUE FEB 5 WED FEB 6 THU FEB 7 FRI FEB 8 SAT * Work Session 5:30 PM City Hall Council Chambers Hybrid Meeting * City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting FEB 10 MON * Community Services and Safety Committee Meeting 5:30 PM City Hall - Hazelnut Rm Hybrid Meeting * Planning and Community Development Committee Meeting 5:30 PM 6300 Building - 2"d Fl Duwamish Conference Hybrid Meeting * City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting tewra-*„ Baca Sa.,ra. ree KIDS CHILD CARE WAGE BOOST Child care facilities in King County may apply to receive a quarterly wage boost to selected child care workers. Apply today through Mar 7. Click here for information. * Library Advisory Board 6:00 PM Tukwila Community Center Hybrid Meeting 2025 TUKWILA CITY OF OPPORTUNITY SCHOLARSHIP High school seniors or equivalent may apply for the scholarship. Due by Mar 31. Click here for information. FEB 11 TUE GREEN TUKWILA j RESTORATION AT RIVERTON PARK Join local forest steward Debbie to restore the park's natural environment. 11:30 Am-1:30 PM Riverton Park 13263 Macadam Rd S Click here to sign-up. estn i1i SOUTHCENTER FREE TAX HELP There are 3 ways to get tax help: in -person assistance at Westfield Southcenter Mall, virtual tax assistance or file your own for free. 11:00 AM - 7:00 PM Thursdays thru Sundays 2426 Southcenter Mall #2005 (2"d Floor) Click here for information. Gave Blood = Save 3 Lives se oe �r_� DONATE AND ENTER TO WIN A TRIP TO OAHU! Click here to schedule an appointment. Or call 1-800-398-7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Easy and free. Click here for information. FEB 12 WED GREEN TUKWILA RIVERSIDE RESTORATION WITH REI Join REI and local steward Chris for restoration. 9:00 AM -1:00 PM Bicentennial Park 7200 Strander Blvd Click here to sign-up. * Park Commission 5:30 PM Tukwila Community Center Hybrid Meeting * Equity and Social Justice Commission 5:30 PM City Hall Hybrid Meeting MUSEUM FLIGHT FREE ADMISSION On the first Thursday of each, the museum stays open late and admission is free! 5:00 PM - 9:00 PM 9404 E Marginal Way S Click here for information. FEB 13 THU FOSTER GOLF LINKS CENTENNIAL CELEBRATION Join us at the course for a morning of festivities! Light refreshments provided. 9 holes for $3.50 or 18 holes for $7.50. Kick -Off at 9:00 AM Foster Golf Links 13500 lnterurban Ave S To RSVP, email angie.cerny@tukwilawa.gov. CITY HALL BLOOD DRIVE Your blood donations support people across the Pacific Northwest undergoing cancer treatment, surgeries, and organ transplants. 10:00 AM - 4:00 PM Tukwila City Hall 6200 Southcenter Blvd Click here to sign-up. * Community Oriented Policing Citizens Advisory Board 6:30 PM Tukwila Justice Center Hybrid Meeting SOUL LINE DANCE ST. PATTY'S DAY PARTY FOR SENIORS Free fun party for Tukwila seniors. 2:00 PM - 4:00 PM Tukwila Community Center 12424 42ntl Ave S Click here to sign-up. FEB 14 FRI .f 7rrrv�2.� DONATION NEEDED FOR TRUCK REPAIR COSTS Tukwila Pantry just had a repair bit for $14,369 on their truck plus additional $16,856 for truck rental. Click here to donate. SBA ASSISTANCE TO BUSINESSES AND RESIDENTS AFFECTED BY THE BOMB CYCLONE See below for information and deadlines. FEB9 SUN FREE STATE PARKS DAY A Discover Pass is not required to visit WA State parks. Click here for information. FEB 15 SAT (4) APPLY TO SERVE ON BOARDS, COMMISSION Apply to be on Boards, Commissions and Committees and have your voice heard. Apply now! Due by 5:00 PM today. Click here for information. Or, call 206-433-1850. inKing County Library System COMMUNITY RESOURCE FAIR Get connected with resources such as healthcare, education, legal clinics and more! 11:30 AM - 2:30 PM Click here for information. CITY HALL / 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM — 4:00 PM 206-433-1800 Feb 11 - Restoration at Riverton Park - Click here to sign-up. 11:30 AM - 1:30 PM Riverton Park -13263 Macadam Rd S Feb 12 - Riverside Restoration with REI - Click here to sign-up. 9:00 AM -1:00 PM Bicentennial Park - 7200 Strander Blvd Feb 13 - Foster Golf Links Centennial Celebration - Click here for information. 9:00 AM Kick -Off Foster Golf Links - 13500 Interurban Ave S Feb 13 - City Hall Blood Drive - Click here for information. 10:00 AM -4:00 PM Tukwila City Hall - 6200 Southcenter Blvd Feb 15 - Apply to be on Boards, Commission and Committees - Click here for information. Due by Feb 15. Feb 21 - Duwamish Hill Preserve: Forterra Blackberry Removal - Click here to sign-up. 1:30 PM-4:30 PM Duwamish Hill Preserve - 3800 S 115d' St Mar 7- Soul Line Dance St. Patty's Day Party (for Seniors) - Click here to sign-up. 2:00 PM-4:00 PM Tukwila Community Center - 12424 42ntl Ave S Mar 11 - Restoration at Riverton Park - Click here to sign-up. 11:30 AM - 1:30 PM Riverton Park - 13263 Macadam Rd S Mar 12 - Bicentennial Park - Riverside Restoration with REI - Click here to sign-up. 9:00 AM -1:00 PM Bicentennial Park - 7200 Strander Blvd Mar 15 - Duwamish Hill Preserve Restoration - Click here to sign-up. 10:00 AM -1:00 PM Duwamish Hill Preserve - 3800 S 115th St Mar 21 - Duwamish Hill Preserve: Remove Blackberries - Click here to sign-up. 1:30 PM-4:30 PM Duwamish Hill Preserve - 3800 S 115th St Mar 31 - 2025 Tukwila City of Opportunity Scholarship - Click here for information. Or, email Cheryl.Thompson@TukwilaWA.gov or call 206-433-1850. Due by Mar 31. ** 2025 Minimum Wage Rates - Applies to affected employers only. Click here for information. 206-552-6873 MinimumWage@TukwilaWA.gov FOOD BANK OPENS: Tuesdays, Thursdays & Saturdays (except holidays) 10:00 AM - 2:00 PM 3118 S 140`h St Volunteers - THERE IS A DIRE NEED OF VOLUNTEERS for food packaging or food distributions. To volunteer, click here to sign up. Donors - Please donate at tukwilapantry.org/donate. Donations can be dropped off on Tuesday -Saturday from 8 AM -11 AM or by appointment. TUKWILA LIBRARY 14380 Tukwila International Blvd 206-242-1640 Feb 15, Mar 15, Apr 19, May 17 & Jun 21 - Community Resource Fair - Click here for information. 11:30 AM-2:30 PM ** Free online tutoring & homework help for grades K-12. Click here for information. ** See other events and fun activities at the Tukwila Library. Click here for information. ENTRY-LEVEL FIREFIGHTER REGISTRATION OPEN FOR WA FIRE CAREERS PARTNER AGENCIES This recruitment will remain open, and WA Fire Careers will be pulling scores on March 26 for the August academy. Click here for information and apply. Scroll down to select WAFIRECAREERS. FREE COMMUNITY EMERGENCY RESPONSE TEAM TRAINING Registration opens on Feb 17. Class starts on Mar 19. Make a difference in your community! CERT-trained individuals can assist others by applying the basic response until help arrives. Sessions are from 1:00 PM - 4:30 PM or 6:00 PM - 9:30 PM. Click here for information. DEPARTMENT OP ECOLOGY stare ofw,hi gtw. LOAN PROGRAMS FOR SEPTIC HELP 1-888-231-2170 CleanWater@Craft3.org Failing septic systems can result in sewage backing up in the home or entering local waterways and groundwater supplies. Click here for information. King Cou SBA PROPERTY TAX EXEMPTIONS FOR SENIORS AND PERSONS WITH DISABILITIES 206-296-3920 Exemptions.Assessments@KingCounty.gov The annual income limit for this program is now $84,000. Click here for information. ASSISTANCE TO BUSINESSES & RESIDENTS AFFECTED BY THE BOMB CYCLONE 1-800-659-2955 disastercustomerservice©sba.gov Small Business Administration encourages applicants to promptly submit their applications. First come first served. Walk-ins are accepted, but appointments are encouraged and can be scheduled here: appointment.sba.gov or visit SBA Outreach Center in the Elections Building at 919 SW Grady Way, Renton. Property damage deadline is Feb 21. Economic injury deadline is Sep 23. Click here for information. WE TAX HELP! FREE TAX ASSISTANCE 11:00 AM - 7:00 PM Thursdays thru Sundays Westfield Southcenter Mall - 2426 Southcenter Mall #2005 You may be eligible for free tax assistance OR you can file your own taxes for free' Tax is due Apr 15. Click here for information. 165 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. FEBRUARY 3 below links for the agenda packets to view the agenda items: February 3, 2025 Work Session February 3, 2025 Regular Meeting FEBRUARY 10 SPECIAL ISSUES - Resolution updating the Council Rules of Procedure. - Potential sale of Newporter Parcel. - Middle Housing Update — discussion only. Special Meeting to follow Committee of the Whole meeting. UNFINISHED BUSINESS Potential sale of Newporter Parcel. FEBRUARY 17 FEBRUARY 24 Special Meeting to follow Committee of the Whole meeting. CONSENT AGENDA - Accept King County Youth Amateur Sports Grant. - Resolution updating the Council Rules of Procedure. - Green Tukwila Restoration and Education Project: (1) Approval of WA Department of Natural Resources Community Forestry Grant Contract for $312,000.00. (2) Approval of contract with EarthCorps. (3) Approval of contract with Partner in Employment. (4) Approval of contract with Dirt Corp. - Southgate Park Restoration Phase 2: (1) Approval of King County Improving Indoor Air through Forestry. (2) Approval of contract with EarthCorps. AlfSee = r+ + HAPPY :;= PRESIDENT'S + 0 * DAY ,- * ''` No Council Meeting or Work Session due to the holiday. MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. MARCH 3 MARCH 10 SPECIAL ISSUES - $1.1 million ARPA (American Rescue Plan Act) discussions. MARCH 17 WORK SESSION REGULAR MEETING CONSENT AGENDA - Resolution approving South King Housing and Homelessness Partners Capital. MARCH 24 WORK SESSION REGULAR MEETING 166