HomeMy WebLinkAboutReg 2025-07-21 COMPLETE AGENDA PACKET Tukwila City Council Agenda
REGULAR MEETING
Thomas McLeod, Mayor Councilmembers: Mohamed Abdi Armen Papyan
Marty Wine, City Administrator Jovita McConnell Dennis Martinez
Tosh Sharp, Council President Hannah Hedrick Verna Seal
ON-SITE PRESENCE:
TUKWILA CITY HALL
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Monday, July 21, 2025; 7:00 PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS
including comment on
items both on and not on
the meeting agenda
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5
minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
date. Please clearly indicate that your message is for public comment during the
meeting, and you will receive further instructions.
4. PRESENTATIONS a. 2025 Washington State Legislative Post Session Update
Brandon Miles, Strategic Initiatives & Government Relations Director
& David Foster, City Lobbyist
Pg.1
5. CONSENT AGENDA a. Approval of Minutes: 7/14/25 (Special Mtg.)
b. Approval of Vouchers
c. Authorize the Mayor to sign Amendment No. 2 to Contract #23-
180 with KPG Psomas for additional design and construction
management services for the Southcenter Blvd/65th Avenue
South Signal Improvement Project, in the amount of
$254,023.95.
[Grant-funded][Reviewed and forwarded to consent by the
Transportation & Infrastructure Services Committee 6/23/25]
d. Authorize the Mayor to sign an Interagency Agreement with
King County Parks and Recreation Division for the combined
design for the Southcenter Boulevard Road Diet Project and
Lake to Sound Trail (F1 Section), in the amount of
$235,000.00.
[Reviewed and forwarded to consent by the Transportation &
Infrastructure Services Committee 6/23/25]
(Continued…)
c
Pg.11
Pg.29
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov
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please contact us at 206-433-1800 by 12:00 p.m. on the meeting date.
REGULAR MEETING
July 21, 2025
Page 2
5.CONSENT AGENDA
(Continued)
e.An ordinance granting to Hyper Fiber, and its affiliates,
successors and assigns, the right, privilege, authority and
nonexclusive franchise for five years, to construct, maintain,
operate, replace and repair a broadband services fiber optic
broadband service network in, across, over, along, under,
through, and below certain designated public rights-of-way
of the City of Tukwila, Washington.
[Reviewed and forwarded to consent by the Committee of the
Whole on 7/14/25]
f.Authorize the Mayor to sign a contract with Northwest
Playground Equipment Inc. for procurement and installation
of sunshade structures at the Tukwila Community Center
Splash Pad, in the amount of $154,319.67.
[Reviewed and forwarded to consent by the Community Services &
Safety Committee on 7/14/25]
g.Resolution s for a Debt Policy and an Investment Policy
[Reviewed and forwarded to consent by the Committee of the
Whole on 7/14/25]
(1)A resolution adopting a debt policy; and repealing
Resolution No. 1840.
(2)A resolution adopting an investment policy; and
repealing Resolution No. 2034
Pg.41
Pg.83
Pg.95
Pg.96
Pg.108
6.UNFINISHED
BUSINESS
a.Authorize the Mayor to accept a grant from the Washington
State Departments of Commerce and Ecology for salmon
recovery through local planning and update of the City’s
Critical Areas Ordinance, in an amount to be determined.
b.Authorize the Mayor to sign a contract with Facet NW Inc.,
for environmental services, in an amount not to exceed
$75,000.00.
Pg.129
Pg.143
7.NEW BUSINESS a.Discussion on City Council Position Number 6 Pg.155
8.REPORTS a.Mayor
b.City Council
c.Staff – City Administrator Report Pg.159
9.MISCELLANEOUS
10.EXECUTIVE SESSION
11.ADJOURNMENT
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/
City of Tukwila
2025 Post Session Update
Monday, July 21, 2025
Brandon Miles & David Foster
1
City of Tukwila -2025 Post Session Update
Governor Bob Ferguson (D)
Newly elected in 2024
House of Representatives (98 total members)
59 Democrats (+1 from 2024)
39 Republicans (-1 from 2024)
Senate (49 total members)
30 Democrats (+1 from 2024)
19 Republicans (-1 from 2024)2
City of Tukwila -2025 Post Session Update
City of Tukwila Representation:
11th Legislative District
•Representative Steve Bergquist
•Representative David Hackney
•Senator Bob Hasegawa
3
City of Tukwila -2025 Post Session Update
105-day session
•Began Monday, January 13
•Ended Sunday, April 27
Three biennial budgets
•Operating
•Capital
•Transportation
2,387 bills filed 431 bills passed4
City of Tukwila -2025 Post Session Update
2025-2027 Biennial Budgets Overview
Three biennial budgets:
•Operating -$16 billion/4-year shortfall (SB 5167)
•Capital (SB 5195)
•Transportation -$8 billion/6-year shortfall (SB 5161)
Economic Environment: Budget shortfalls, negative revenue forecasts, high interest rates, inflationary pressure, and federal funding uncertainty.5
City of Tukwila -2025 Post Session Update
Tukwila Priorities:
•Tukwila Community Center -$773,000 in capital budget
•42nd Ave Bridge Funding Shift –Funding mistakenly pushed
beyond 2031
•Immigration support -$25 million (Office of Refugee &
Immigrant Assistance)
•Local Funding Options
➢HB 2015 –Public Safety Sales Tax and Grant Program
➢No change to the 1% property tax cap6
City of Tukwila -2025 Post Session Update
HB 2015 -Public Safety Sales Tax and Grant Program
Public Safety Sales Tax
•1% Councilmanic Sales Tax (optional)
•Broad usages: Officers, public defenders, DV programs,
behavioral health, alternative responses, etc.
Grant Program -$100 million
•Criminal Justice Training Commission administered
•New officer recruitment, hiring, and retention
•75% of salary for up to three years (max $125,000/position)7
City of Tukwila -2025 Post Session Update
Housing and Land Use
•HB 1491 –Transit Oriented Development (TOD)
zoning
•SB 5184 –Parking requirements
•HB 1757 –Building conversions
•SB 5509 –Childcare centers zoning
•HB 1217 –Residential Rent Caps 8
City of Tukwila -2025 Post Session Update
Environmental Sustainability
•SB 5284 –WRAP Act (Producer Responsibility)
Labor Relations
•HB 1213 –Paid Family & Medical Leave (PFMLA)
•SB 5041 –UI benefits for striking workers
General Government
•HB 1201 –Planning for pet sheltering during an emergency
•HB 1515 –Libation Zones
Homelessness
•No state preemptions to local ordinances 9
City of Tukwila -2025 Post Session Update
What’s Next?
Due to the high number of appointments to the legislature after the
2024 elections there are nine special elections.
•Senate races in the 5th, 26th, 33rd, 34th and 48th
•House races in the 33rd, 34th, 41st and 48th
•Does not include the recent House appointment in the 5th LD
The 2026 session runs January 12 -March 202610
ITEM INFORMATION
STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 07/21/25
AGENDA ITEM TITLE Southcenter Boulevard/65th Avenue S Signal
Supplemental Agreement No. 2
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 7/14/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
KPG was retained in 2023 to design a new signal at Southcenter Blvd and 65th Ave S.
During design, KC Metro requested expansion of the existing bus zone, which was added
through Supplemental No. 1 and funded with Metro reimbursement. Metro later requested
addional design work beyond the agreement,which has been completed and requires an
additional $24,000 to finalize. Supplemental Agreement No. 2 adds this funding. The
Council is being asked to approve Supplemental Agreement No. 2.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 06/23/2025 COMMITTEE CHAIR: MOHAMED ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to the 7/21 Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00 Fund Source:
Comments: Southcenter Blvd/65th Ave S Signal CIP
MTG. DATE RECORD OF COUNCIL ACTION
7/21/25
MTG. DATE ATTACHMENTS
7/21/25 Informational Memorandum dated 06/20/25
Supplemental Agreement No. 2
Southcenter Blvd/65th Ave S Signal CIP
Minutes from Transportation and Infrastructure Committee meeting of 06/23/25
C OUNCIL AGENDA S YNOPSIS
----------------------------------Initials --------------------------------- I TEM N O.
Meeting Date Prepared by Mayor’s review Council review
07/21/25 JR 5.C.
11
TO: Transportation and Infrastructure Committee
FROM: Jen Tetatzin, Public Works Director
BY: Cyndy Knighton
CC: Thomas McLeod, Mayor
DATE: June 20, 2025
SUBJECT: Southcenter Boulevard/65th Avenue S Signal
Project No. 92110402, Contract No. 23-180
Supplemental Agreement No. 2
ISSUE
Execute a supplemental agreement with KPG, doing business as PSOMAS under Contract 23-180, for
engineering and construction management services related to the Southcenter Boulevard/65th Avenue
S Signal Project.
BACKGROUND
KPG was retained in late 2023 to perform engineering and design services for a new signal at the
Southcenter Boulevard and 65th Avenue S intersection. During the design process, the project team
coordinated with King County Metro regarding the existing bus stop at the intersection. Metro requested
that the project includes expansion of the current bus zone and Supplement Agreement No. 1 added
additional funding to the design contract, which Metro agreed to reimburse the City. Metro requested
additional design beyond what was included in Supplement Agreement No. 1, which has been completed,
but additional costs were incurred. The reimbursement agreement between Metro and Tukwila was
approved by Council on June 2, 2025. The project was awarded to Northwest Cascade on June 2, 2025,
in the amount of $1,129,129.00. The Transportation Improvement Board increased the grant amount to
the City for the additional construction expenses, covering a portion of the expanded bus zone, with Metro
covering the remaining costs.
DISCUSSION
An additional $24,890 is required to cover the costs for final design and bid document preparation for the
completed work, according to Metro’s second request. This supplemental agreement adds additional
funds to the contract with KPG for the expanded design.
Construction management is necessary for any active construction project and KPG has the staffing
available with the necessary expertise to manage the construction and inspection and to serve as a
liaison between the City’s contractor and staff. City forces do not have adequate staffing to perform this
work, but City staff will oversee the construction management work to be performed by KPG. This
supplemental agreement also adds new scope and fee for this work.
FINANCIAL IMPACT
RECOMMENDATION
The Council is being asked to approve Supplemental Agreement No. 2 and consider this item on
the Consent Agenda for the July 7, 2025, Regular Meeting.
ATTACHMENTS: Supplemental Agreement No. 2 & CIP page
Amount CIP Budget Add’l TIB King County
$24,890.00 Bus Zone Design $24,890.00
Construction Mgmt $229,133.95 $160,000 $21,000 $48,134.80
Suppl. No. 2 Total 254,023.95 $160,000 $21,000 $73,024.80
12
City of Tukwila Agreement Number: 23-180
6200 Southcenter Boulevard, Tukwila WA 98188
CA Reviewed May 2020 Page 1 of 2
CONTRACT FOR SERVICES
Amendment #2
Between the City of Tukwila and KPG Psomas
That portion of Contract No. 23-180 between the City of Tukwila and KPG Psomas (dba Psomas) is
hereby amended as follows:
Section 1:
Project Designation. The Consultant is retained by the City to perform Design and
Construction Management services in connection with the project titled 65th Ave S
and Southcenter Blvd Intersection Improvement Project.
Section 2:
Scope of Services. The Consultant agrees to perform the services, identified on
Exhibit “A-2” attached hereto, including the provision of all labor, materials, equipment
and supplies.
Section 3:
Duration of Agreement; Time for Performance. This Agreement shall be in full
force and effect for a period commencing upon execution and ending April 30, 2026,
unless sooner terminated under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Consultant to
proceed. The Consultant shall perform all services and provide all work product
required pursuant to this Agreement no later than April 30, 2026, unless an extension
of such time is granted in writing by the City.
Section 4:
Payment. The Consultant shall be paid by the City for completed work and for
services rendered under this Agreement as follows:
A.Payment for the work provided by the Consultant shall be made as provided
on Exhibit “B” attached hereto, provided that the total amount of payment to
the Consultant shall not exceed $491,952.95 without express written
modification of the Agreement signed by the City.
All other provisions of the contract shall remain in full force and effect.
13
City of Tukwila Agreement Number: 23-180
6200 Southcenter Boulevard, Tukwila WA 98188
CA Reviewed May 2020 Page 2 of 2
Dated this _________ day of ___________________________, 20_____.
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONTRACTOR:
By:
Printed Name:
Title:
14
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 1 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
EXHIBIT A-2
CITY OF Tukwila
65th Ave S and Southcenter Blvd Signal Improvements
AMENDMENT 2 – Additional Design and Construction Services
City PROJECT NO. 92110402
PSOMAS Project No. 9TUK010800
SCOPE OF WORK
A.PROJECT DESCRIPTION/BACKGROUND
The scope of work is two-fold: (1) to add budget for design effort already furnished under Amendment 1 on the King
County Metro bus zone, and (2) to provide management and engineering support throughout the construction phase
of the 65th and SC Signal Improvements project in accordance with the funding requirements. The project is not
federally funded and does not require domestic steel or construction materials nor Disadvantaged Business
Enterprise (DBE) tracking; however, there is a mandatory 10% Apprentice Utilization Requirement.
This work of the PSOMAS-lead Construction Management (CM) team includes preconstruction support,
construction phase services, and preparation of record drawings as described herein.
Construction Management Support Duration (July 2025 to March 2026)
Assumed Durations by Task
•Administration: Task 1 starts upon execution of this Contract and lasts the duration of the project,
approximately 9 months, through closeout, concluding on or about March 2026.
•Pre-Bid: Task 2 - All tasks associated with task 2 will be performed by Others.
•Pre-Construction: Task 3 begins approximately 1 month prior to Notice to Proceed (NTP) and lasts
one month, concluding on the NTP date.
•Construction Management: Tasks 4 and 5 will last the duration of the working days, from NTP to
Physical Completion of the Project. It is understood that a material procurement suspension is
expected. See Management Reserve regarding cost assumptions.
•Project Closeout: Tasks 6 begins at Physical Completion of the Project and ends approximately 6
weeks later.
•.
These services are intended to assist the CITY to administer the contract for construction performed by the CITY
Contractor, confirm that the Contractor’s work is in general conformance with the Contract Documents, and assist
in responding to events that occur during construction. These services are based upon the understanding that the
CITY will contract directly with the Contractor and will be actively involved in the construction process to assist with
making decisions, provide approvals, assist with inspections (primarily signal related) and perform other actions
necessary for the completion of the construction. Inspection, certification and acceptance of King County Facilities
that are not included in the contract documents are not included in this scope and are not the responsibility of the
Consultant.
15
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 2 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
Project Description
The project improvements for the 65th and SC Signal Improvements project will include the construction of traffic
signalization including appurtenances, upgraded curb ramps, replaced sidewalk, replaced curb and gutter, a
concrete bus pad with a ramp and fencing, pavement markings, and HMA pavement patching over new utility duct
banks at the intersection of 65th Ave S & Southcenter Blvd. Specific tasks shall include, but are not necessarily
limited to: Installing traffic signals including appurtenances, Paving with HMA and saw cutting bituminous pavement;
Adjusting surface utilities to grade; installing new channelization and signage; Removing and replacing concrete
curbs, sidewalks, and ramps; Constructing new cast-in-place reinforced concrete retaining wall; constructing new
bus shelter foundation; Providing all necessary traffic control labor and devices; And, other items necessary to
complete the Work as shown on the Contract Documents.
Contract Documents
Contract Documents refer to the construction contract documents between the CITY and the Contractor. These
documents include the project plans, specifications, change orders, addendums, bid proposal package and other
documents such as the geotechnical report, CITY and WSDOT Standard Plans included by reference.
Assumptions
The presence or duties of Consultant personnel at the construction site, whether as onsite representatives or
otherwise, does not make PSOMAS personnel in any way responsible for those duties that belong to franchise
utilities, the CITY and/or the Contractors or other entities. Consultant presence, coordination and schedule review
does not relieve the Contractors or any other entity of their obligations, duties, and responsibilities, including, but
not limited to, construction methods, means, techniques, sequences, and procedures necessary for coordinating
and completing the construction work in accordance with the construction Contract Documents and any health or
safety precautions required by such construction work.
Consultant personnel have no authority to exercise any control over any construction Contractor or other entity or
their employees in connection with their work or any health or safety precautions.
Inspection, certification and acceptance of King County Facilities that are not included in the contract documents
(shelter, bench, trash receptacle, etc) are not included in this scope and are not the responsibility of the Consultant.
The presence of Consultant personnel at the site is for the purpose of providing the CITY a greater degree of
confidence that the completed construction work will conform generally to the Contract Documents and that the
integrity of the design concept as reflected in the construction documents has been implemented and preserved by
the Contractor(s). Consultant neither guarantees the performance of the Contractor(s) nor assume responsibility
for the Contractor’s failure to perform work in accordance with Contract Documents.
The authority of the Engineer, as described in Section 1-05 Authority of the Engineer in the Contract Documents,
shall rest ultimately with the CITY. PSOMAS, acting as the Consultant, shall carry out the administration of the
Contract in accordance with 1-05.1 Authority of the Engineer, and as described in more detail in tasks 4 and 5,
under the CITY’s guidance. Psomas will assist with the creation of Change Orders and other decisions lined out in
1-05.1; however, final review and approval of changes to the Contract between the CITY and Contractor will be the
responsibility of the CITY.
Review submittals compliance with the requirements of the contract for construction. Such review will not relieve
the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such
review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions.
16
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 3 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
Staff Levels of Support (Over the 75 Working Days)
The level of support and associated budget is based on the following assumptions:
•The Project Manager will support the project part-time, or 1 hours per week, on the average.
•The Resident Engineer will support the project part-time, or 20 hours per week, on the average.
•The Documentation Specialist will work 10 hours per week, on the average.
•The onsite construction observation duties will be performed by the Resident Engineer at part
time, or 20 hours per week, on the average, for a total of 40 hours/week combined between office
and field time.
•There may be an opportunity to share an onsite construction observer with a concurrent City
project, depending on dates of work. If so, the onsite observer will replace the Resident Engineer
for some or all of the allocated field time. Consultant will work with City Project Manager(s) to
coordinate staffing to the City’s preferred levels of support, between projects, if so.
•Certified Payroll specialist will support the project for 1 hour per week, on average. Design
Engineer (PSOMAS) support is anticipated as needed for submittal reviews, RFI’s, Change
Management, and other tasks as identified in the Scope of Work.
•There is no anticipation of night work in this Scope of Work.
Subconsultants
The Consultant shall subcontract with HWA Geosciences (“HWA”) for materials testing, the frequency of such tests
being performed as-required by Contract requirements and as directed by CITY and Engineer of Record.
Shared Tasks
“Bold Italics” such as CITY represents Task ownership. If a Task is not identified with bold italics, the task is
shared between the Consultant, applicable Subconsultants, and the CITY as described herein.
B.SCOPE OF WORK
TASK 0 – ADDITIONAL DESIGN SERVICES
In coordination with the City’s planned intersection improvements at 65th Ave S and Southcenter Blvd, King
County Metro desires to improve its station access and comfort at this location. Per amendment 1 the bus
stop was originally going to be expanded and built from the existing stop. Upon further coordination and
review, it was determined by all parties to reconstruct the bus stop in its entirety. All assumptions and
deliverables per amendment 1 were furnished, however the design time and effort exceeded the
Amendment 1 budget due to the design and reconstruction of the entire bus stop.
Exhibit B-2a is the fee for the additional time and effort required to design and plan the entire reconstruction of the
bus stop.
TASK 1 – MANAGEMENT / COORDINATION / ADMINISTRATION
The Consultant shall provide continuous project management for the project duration from Preconstruction
through Closeout. If material procurement suspensions, or other types of suspensions are necessary, the
Consultant will maintain a base level of management active to respond to correspondence, review
submittals, and visit the site if needed..
17
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 4 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
The Consultant shall prepare monthly progress reports identifying work completed in the previous month,
work in progress, upcoming work elements, and reporting of any delays, problems, or additional information
needs. These reports shall be submitted with the Consultant invoices.
The Consultant shall provide continuous management and administration of all subcontractors included in
this scope of work including overseeing overall project file set-up and QA/QC of all files and documents
required for project documentation.
Attend kickoff meetings with CITY PM to coordinate processes the CM team will follow to implement the
project’s construction phase. The general meeting content will include project transition from design to
construction, team roles and responsibilities, summary of contractor schedule responsibilities, contract
documents, project documentation, field inspection, administration, submittals and material control, change
management, request for information, testing, stakeholder meetings, agency permits, work on private
property, construction commitments, public information, traffic control, safety and security, quality and risk
management.
Establish a system and set of procedures for managing, tracking and storing project documentation
between the Contractor and CM Team produced during the Construction and Closeout phases of the
project. Establish procedures for the logging and tracking of project documentation and monitoring
outstanding decisions, approvals or responses required from the CITY. Dialog with the CITY PM and CITY
Inspector for input into the format of the documentation product and templates.
It is anticipated that Procore Construction Management software will be utilized as the primary vehicle for
project documentation. The City will be provided with login information so they can access the project
documents and inspector daily reports.
The following logs will be prepared:
• Submittals
• RFI
• Serial Letters
• Field Directives/Corrective Actions
• Case Log
• Design Changes/Clarifications
• Change Orders
• Sub-Contractors
• Certified Payroll Status
• Wage Rate Calculations
• Materials on Hand
• Force Account
• Minor Changes
• Material Testing Reports
• Record of Material (ROM)
The following templates, to include securing CITY Templates and/or CITY input will be prepared:
• Bid tabs (By CITY/EOR)
• Field Note Records
• Estimate Ledgers
• Progress Payment Estimates
• Materials on Hand Calculations
• Forecasted Cost to Complete
• Weekly Statement of Working Days
• Force Account Tracking Worksheet
• Change Orders
• Change Order Justifications
18
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 5 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
TASK 2 – ASSIST CITY WITH AWARD PROCESS
All items of work associated with Task 2 have been performed and are excluded from this contract.
TASK 3 – CONSTRUCTION SERVICES FROM AWARD UP TO CONTRACTOR NOTICE TO PROCEED (NTP)
This task covers typical review processes preparing for physical construction to begin. This includes the
following:
• Familiarization with contract Plans, Specifications, permits and geotechnical report
• Create Record of Material (ROM) with project specific details, LAG exceptions, and formatting for
ease of use.
• Develop Team Communications and Stakeholders List
• Compile list of long-lead item submittals and submittals due at Preconstruction Meeting
• Prepare self-audit record review checklist
• Establish communication, change management and administrative processes with CITY
• Set up project in Procore and finalize Electronic Files
• Review right-of-way commitment files
• Prepare Pre-Construction Agenda, for input by CITY prior to the meeting. Meeting to be led by
CITY with attendance by and support from Consultant.
• CITY shall Prepare Pre-Construction attendees list
• Take minutes at all meetings and distribute electronically to pertinent parties or as instructed by
CITY.
• Establish Contractor progress payment procedure with the CITY and Contractor
• CITY will assist Consultant with Utility Coordination
• Take and create a log of pre-construction photographs
• Review Contractor’s Schedule for Contract Compliance.
TASK 4 – CONSTRUCTION MANAGEMENT AND ADMINISTRATIVE SERVICES – NTP TO CLOSEOUT
• Provide 75 working days of CS support to include stakeholder coordination, documentation and
change management in general compliance with CITY, State and Federal Requirements, as
required by the Contract.
• Maintain the Logs identified in Task 1.
• CITY to review and approve Traffic Control Plans with assistance from Consultant.
• Review and respond to Contractor Serial Letters.
• Issue Field Directives/Corrective Action Memorandums
• Issue Design Changes (DCs) as deemed necessary throughout the Construction duration. DCs to
be generated by EOR with coordination and input from Consultant.
• Receive Request for Information (RFI) and issues raised by the Contractor and City. Receive
questions and requests for clarification of contract documents that could impact construction
costs, schedule, quality of the finished work, or other scenarios. Provide up to 15 written
responses to RFI. EOR may be required to participate in RFI process, depending on the scope of
the RFI and nature of the required response.
19
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 6 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
• Confirm that submittals are in general Contract conformance. The EOR to take a lead role in the
review of structural, electrical, landscaping and non-standard specification submittals; coordinate
with CITY on approvals as necessary
• Transmit ROM to the Contractor and request that they submit material requirements via the
Request for Approval of Material (RAM) WSDOT form 350-071 and that they reference material
from the Qualified Products List (QPL) where applicable.
• Set up and maintain Bid Item Folders
• Document Contractor adherence of the WSDOT-provided ROM and notify Contractor if they are
not complying
• The Consultant to verify that all material delivered to the site is according to approved RAMs
• Collect material testing reports from Consultant’s subconsultant (HWA), and review test reports
against the contract requirements and inform Contractor of any contract deficiencies
• Construction Observer to assist Consultant to coordinate with the Contractor to rectify failed
material placement issues to bring about Contract compliance
• The Consultant shall coordinate re-testing of failed locations with Subconsultant material
inspection firm.
• Collect material testing reports from Subconsultant and place reports in ROM Item Folders
• Collect and review for acceptance Manufacturer’s Certificates of Compliance
• Review Contractor’s initial schedule and updated schedules for contract compliance. Report
findings to the CITY regarding issues that affect critical path
• Prepare 15 coordination meeting agendas and shall conduct 15 coordination meetings (one per
week during 15 weeks of construction + 5 additional meetings to account for non-working
days/holidays,project startup/closeout, and preactivity meetings). Consultant staff shall attend
coordination meetings.
• Take notes from weekly coordination meetings, prepare and distribute minutes to attendees.
• Prepare up to 20 Weekly Statement of Working Days (accounting for weather days and holidays /
WSDOT-specified nonworking days)
• Obtain Request to Sublet review requests approve and/or reject
• Track Apprenticeship Goals against contract requirements and/or goals
• Obtain Contractor’s Certified Payrolls and check for compliance with State and Federal prevailing
wages at the frequency required for a non-federally funded project.
• Send letter(s) to the Contractor of non-compliance regarding certified payroll issues in relation to
prevailing wages
• Obtain Notice of Intent to Pay Prevailing Wage and Affidavit of Wages Paid forms
• Perform Change Management to include tracking case log issues, Minor Changes, Force
Account, reviewing Contractor notifications of differing site conditions under 1-04.4 Changes,
review letters and notices and discuss with the Contractor to understand the claim and/or dispute.
Advise the City as to the appropriate action(s)
• Assist the City with Change Order negotiations
• Prepare Change Order Justifications
• Draft Change Orders. City will review and provide final approval
• Determine which sub-contractors performed work during the payment period and exclude
payment for any work completed by sub-contractors for which an Intent to Pay Prevailing Wages
submitted to the Washington State Department of Labor and Industries cannot be verified
• Maintain Material on Hand pay request and log
• Prepare up to 5 monthly progress pay estimates and submit monthly billing to CITY
recommending Contractor payment
20
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 7 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
• Manage Self-Audit Record Review Checklists
• Review Contractor’s weekly “Look Ahead” and monthly schedules and compare with Contractor’s
approved baseline schedule
• Provide oversight of the Contractor per the Standard Specifications 1-05
• Receive Contractor Daily Diaries per Special Provision 1-05.18 and review for accuracy
• Receive As-Built drawings from Contractor for incorporation into CAD drawings by the EOR
• Assist the CITY with Utility Coordination
• The Contractor is responsible for the Construction Stormwater General Permit. Assist the CITY
in monitoring the Contractor’s responsibilities of this permit
• Assist the CITY by providing a contract schedule and activities for coordination with the public.
Respond to general coordination regarding items such as status, schedule and access. The
CITY will provide a broader public involvement that may involve flyers, news releases, public
meetings and information website
• At approximately 30% and 80% of expended Contract Working Days, transmit ROM reviews to the
Contractor requesting compliance with the identified deficiencies
• Maintain electronic-only CM files
• Serve as the project’s main point of contact in the coordination and documentation of the project
TASK 5 – ONSITE CONSTRUCTION OBSERVATION
The Consultant will provide onsite Construction Observer for 75 working days and will act as the project’s “in the
field” focal point of coordination and field documentation. The Construction Observer will monitor the Contractor’s
activities, produce Observation Daily Reports, Field Note Records, verify that material delivered to the site is in
contract compliance and assist with the coordination with stakeholders to include the Contractor, materials
testing, and Fire and Police Departments. The Construction Observer will provide informal in-person coordination
with businesses, residents and traveling public, as they are encountered onsite. As-needed, additional
Construction Observers will be provided by the Consultant to ensure project coverage during times when the
workflow of the site dictates additional staff, or the Resident Engineer will provide backup inspections and
coordination as needed. The following Tasks will be the responsibility of the Construction Observer, and Resident
Engineer or other staff when assuming these duties:
• Provide Observation Daily Reports
• Produce Ticket Tabulations for items paid for by the Ton
• Provide input to weekly project meeting agendas
• Attend weekly project site meetings associated with the project construction
• Observe Contractor’s work and document that the project is built according to the Contract
Documents
• Provide visual verification of compaction effort on small quantity items such as Crushed Surfacing
and Hot Mix Asphalt
• Prepare and submit Field Note Records for payment
• Monitor the Contractor’s traffic control procedures and implementation of the approved traffic
control plans which could include notification to the Contractor on deficiencies that require
immediate correction
• Monitor the Contractor’s temporary erosion and sediment control procedures and systems and
provide recommendations
• Monitor the Contractor’s compliance with project permits
• Prepare punch list items
• Take project construction photos as work progresses and place them in the project files
21
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 8 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
• Stay current with the material testing and RAM logs. Coordinate material testing, as required
under the ROM and WSDOT Construction Manual, with materials testing Subconsultant
• Review the Contractor’s Record Drawings several times a week to verify that they are in
compliance with Special Provision 1-05.18 Record Drawings
• Assist in the coordination with all Utilities
• Coordinate with local businesses, traveling public, residences and adjacent developers/projects
• Assist with monthly progress Pay Estimate generation including measurement of quantities
installed.
TASK 6 – PROJECT CLOSEOUT
Assist the CITY with the closeout of the project after Substantial Completion is granted. Assume the Contractor
will be completed with punch list work within 2 weeks of substantial completion. Assume missing documentation is
submitted and the project has attained Final Acceptance status within 2 months of Substantial Completion. Items
of work within these 2 months include the following:
• Project issues resolution with the Contractor. Assume up to three closeout meetings negotiating
closeout change order(s), missing documentation, and final quantities
• Monitor and update project punch list. Assume 16 hours for onsite punch list inspections. Verify
completeness of punch list work.
• Consultant to produce final pay note documentation
• Verification of completeness of ROM, self-audit record review checklist, and employment
documentation such as certified payrolls
• Prepare Physical Completion Letter. At Physical Completion, confirm that Certified Payroll are
complete and Affidavit of wages are paid.
• Prepare Completion Letter and coordinate completion with City and Contractor. Completion shall
constitute finalizing the WSDOT Material Certification form, verification that all training
requirements and any optional utilization goals are met and reported out, disagreements are
resolved (with a close out change order if necessary) and Final Contract Voucher Certification
WSDOT Form 134-146 is signed by Contractor.
• Record drawings from the Contractor will be submitted to EOR for final incorporation and delivery
to the CITY.
TASK 7 – ENGINEER OF RECORD SUPPORT
Consultant will use the EOR under this Consultant Contract to support the Project with Specialty RAM reviews, RFI
reviews/responses, Change Management, and Final Record Drawings. Final record drawings will be received
from the Contractor, incorporated into CAD, and a final mylar plan set will be delivered to the CITY.
22
65th Ave S & Southcenter Blvd Signal Improvements
Construction Services Page 9 of 9
City PROJECT NO. 92110402 REV 1.1.1: June 13, 2025
SUBCONSULTANTS – MATERIALS TESTING
HWA will perform Material Testing and Laboratory Services as a Subconsultant.
• Consultant will lead coordination of scheduling of testing as-needed to fulfill Contract
requirements for acceptance. The effort required for this coordination by Consultant is included in
task 4
• Consultant will review monthly invoices from Subconsultant and shall submit along with
Consultant monthly invoices for payment from CITY.
• This scope assumes material testing for concrete retaining wall and concrete signal foundations,
as well as consulting for geotechnical suitability of structural foundation material
• Additional scope such as contaminated material testing is not anticipated and falls outside the
scope of this contract. In the event such testing or inspections are deemed necessary, they may
require an amendment for additional scope of services and compensation.
• A 5% administrative fee is added to the budget to provide for Consultant costs associated with
subconsultant contract setup and monthly invoice review and processing through the life of the
project.
ADDITIONAL SERVICES
Additional services may be required to address issues including, but not limited to:
• Contractor Working Days added by Change Order(s)
• Support during non-working days. A non-working day is defined in the WSDOT Standard
Specifications as “…unworkable because of weather or conditions caused by the weather that
prevents satisfactory and timely performance of the work shown on the critical path of the
contractors approved schedule.”
• Resolution of Contract Disputes that extend beyond the Contract working days.
• Support during periods of suspension, such as, but not limited to, the procurement suspension for
Traffic Signal System items, or other periods of inactivity not counted as working days against the
contract.
It is possible that additional services could include other work tasks not included in the scope of work. These
services may include, but are not necessarily limited to, additional construction support, additional project
closeout assistance, assistance with property issues, or other services deemed necessary by the City. At the
time these services are required, the Consultant shall provide the City with a detailed scope of work and an
estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and
issued a Notice to Proceed.
Construction Services in addition to this scope of work are estimated at approximately $2,000/working day.
Exhibit B-2b is the fee for the construction management services.
23
City of Tukwila
65th Ave S & Southcenter Blvd Intersection Improvements
9TUK010800
Amendment 2 - Additional King County Metro Bus Stop Budget
5/19/2024
PrincipalSenior Engineer IProject Engineer IIDesign Engineer ILandscape Designer ISenior Admin$292.00 $195.00 $189.00 $134.00 $106.00 $140.00 Hours Totals
0.1.1 King County Coordination 2 2 6 2 12 2,388.00$
0 -$
0 -$
0 -$
2 2 6 0 0 2 12 2,388.00$
0.2.1 Illumination Design 4 8 12 1,852.00$
0.2.2 90% Bus Stop Plans 4 18 8 30 5,254.00$
0.2.3 90% Bus Stop Specifications and Estimate 4 16 8 28 4,876.00$
0.2.4 Bid Package Bus Stop Plans 4 16 8 28 4,876.00$
0.2.5 Incorporate Bus Stop into Contract Documents 6 18 8 32 5,644.00$
0 22 68 40 0 0 130 22,502.00$
2 24 74 40 0 2 142 24,890.00$
24,890.00$ Total Estimated Budget
Total Labor Hours and Fee
EXHIBIT B - 2a
PRIME CONSULTANT COST COMPUTATIONS
Client:
Project Name:
Psomas Inc. Project Number:
Date:
Task
No. 0 Task Description
Additional Design
Services
(Supplemental
Agreement No. 1)
Task Total
Labor Hour Estimate
Total Hours and Labor
Cost Computions by Task
Management / Coordination / Administration
Task Total
Final Design (90% & Final)
24
Startup Construction Closeout Total
City of Tukwila Weeks 4 17 8 29
65th and SC Signal Improvements Months 1 3.9 1.8 6.7
9TUK010800
75 working days + 4 week startup and 8 weeks closeout
6/11/2025 v 1.2
Senior Engineer IDesign Engineer IIISenior Construction ManagerSenior Resident EngineerResident EngineerAssistant Resident EngineerSenior Construction ObserverConstruction Observer IConstruction Observer IIConstruction Observer IIIDocument Control Specialist IDocument Control Specialist IIDocument Control Specialist IIISenior CAD TechnicianSenior AdminOffice Admin$69.71 $55.29 $89.50 $65.15 $54.00 $52.00 $66.15 $39.00 $45.10 $49.10 $40.00 $47.00 $53.50 $50.00 $50.00 $38.20 Hours Totals
1.1 Project Management and Administrative Services 7 16 23 1,426.50$
1.2 Prepare, review and submit monthly expenditures 7 7 14 976.50$
0 0 14 0 0 0 0 0 0 0 0 0 0 0 23 0 37 2,403.00$
2.1 Administrative Services up to Contractor Notice to Proceed 2 4 6 367.00$
2.2 PreCon Photos 4 4 216.00$
2.3 Review Plans and Specs 2 8 4 14 799.00$
2.4 Setup Electronic Files, Procore, FTP 8 6 14 714.00$
2.5 Prepare ROM 10 6 16 822.00$
2.6 Prepare PreCon Agenda / Attend Precon 8 6 14 714.00$
2.7 Prepare Templates 2 8 10 484.00$
2.8 Stakeholder Coordination 2 2 108.00$
0 0 4 0 42 0 0 0 0 0 0 34 0 0 0 0 80 4,224.00$
3.1 Construction Management Office Support 10 280 140 430 22,595.00$
3.2 Construction Management Field Paperwork 50 30 80 4,110.00$
3.3 Stakeholder Coordination 10 10 540.00$
0 0 10 0 340 0 0 0 0 0 0 170 0 0 0 0 520 27,245.00$
4.1 Construction Inspection 320 320 17,280.00$
4.2 Weekly Construction Meetings 20 20 1,080.00$
0 0 0 0 340 0 0 0 0 0 0 0 0 0 0 0 340 18,360.00$
5.1 Construction Management Office Support 4 40 120 4 168 8,358.00$
5.2 Construction Management Field Paperwork/Inspection 80 80 4,320.00$
5.3 Prepare Documentation to Deliver to City 24 20 44 2,236.00$
0 0 4 0 144 0 0 0 0 0 0 140 0 0 4 0 292 14,914.00$
6.1 RFI and Change management Support 12 40 52 3,048.12$
6.2 Technical Submittal Support 8 8 442.32$
6.3 Record Drawings 32 16 48 2,569.28$
12 80 0 0 0 0 0 0 0 0 0 0 0 16 0 0 108 6,059.72$
32 0 866 0 0 0 0 0 0 344 0 27 0 1,377
837 4,423 2,864 0 46,764 0 0 0 0 0 0 16,168 0 800 1,350 0 73,205.72$
Salary Escalation 12 mo: 2%1,464.11$
ICR Overhead @ 174.17% = 127,502.40$
Fixed Fee @ 30% =21,961.72$
Total KPG Psomas (DL + OH + Fixed Fee) = 224,133.95$
HWA Geosciences 5,000.00$
5,000.00$
5,000.00$
Mileage at current IRS rate
Reproduction Allowance -$
$
-Management Reserve
229,133.95$
Total Reimbursable Expense
Total Estimated Budget
Subconsultants
Total Hours and Labor
Cost Computations by
Task
Task 1 - MANAGEMENT / COORDINATION / ADMINISTRATION
Task Total
Total Hours
Total Subconsultant Expense
Task Total
Total Fee
Task 2 - Administrative Services up to Contractor Notice to Proceed (NTP) (1 Month/4 Weeks)
Labor Hour Estimate
EXHIBIT B-2b
PRIME CONSULTANT COST COMPUTATIONS
Client:
Project Name:
Psomas Project Number:
Date:
Task No.Task DescriptionConstruction
Management
Services
Task 3 - Construction Management (CM) and Administrative Services. NTP to Project Closeout. (3.9 Months/17 Weeks)
Task 5 - Project Closeout (2 Months/8 Weeks)
Task 4 - Provide Field Inspection for Each of the Project’s Working Days (3.9 Months/17 Weeks)
Task Total
Task Total
Task Total
Reimbursable Direct Non-Salary Costs
Task 6 - Engineer of Record Support
Subtotal
Task Total
-25
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2025 to 2030
PROJECT:Southcenter Blvd/65th Ave S Signal Project #92110402
Project Manager Cyndy Knighton Department Arterial Streets
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINTENANCE IMPACT:
COMMENT:
FINANCIAL (in thousands)2025 2026 2027 2028 2029 2030 Beyond TOTAL
Project Costs
Project Mgmt (Staff Time/Cost)26$ -$ -$ -$ -$ -$ -$ 26$
Construction Mgmt.160$ -$ -$ -$ -$ -$ -$ 160$
Construction 904$ -$ -$ -$ -$ -$ -$ 904$
Contingency 118$ -$ -$ -$ -$ -$ -$ 118$
Total Project Costs 1,208$ -$ -$ -$ -$ -$ -$ 1,208$
Project Funding
Awarded Grant 782$ -$ -$ -$ -$ -$ -$ 782$
Fund Balance 426$ -$ -$ -$ -$ -$ -$ 426$
Total Project Funding 1,208$ -$ -$ -$ -$ -$ -$ 1,208$
Design and construct a traffic signal at the Southcenter Boulevard/65th Avenue S intersection.
The intersection experiences significant delay for southbound left turn movements during the PM Peak Hour.
Signal warrants have been met.
Design underway in 2024
Streets responsible for annual signal maintenance and operation.
Project on Traffic Impact Fee list.
2025 - 2026 Biennial Budget City of Tukwila, Washington
3426
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
June 23, 2025, 5:30 p.m. – Hybrid Meeting; City Council Conference Room & MS Teams
Councilmembers Present Mohamed Abdi, Chair; Hannah Hedrick
Staff Present Pete Mayer, Jen Tetatzin, Griffin Lerner, Eric Compton, Nora Gierloff,
Cyndy Knighton, Alison Turner, Chris Andree, David Baus, Adam Cox
I.PRESENTATION
II.BUSINESS AGENDA
A.Ordinance: Commute Trip Reduction Plan
Staff is seeking approval of an ordinance that would adopt the 2025-2029 Commute Trip
Reduction Plan update as required by the Washington Clean Air Act.
Committee Recommendation
Majority approval. Forward to June 23, 2025 Committee of the Whole for Public Hearing.
B.Franchise Agreement: Hyper Fiber
Staff is seeking approval of an ordinance granting a franchise agreement to Hyber Fiber for
telecommunications facilities in city right-of-way.
Committee Recommendation
Majority approval. Forward to July 14, 2025 Committee of the Whole.
C.Supplemental Agreement No. 2: Southcenter Boulevard/65th Avenue South Signal
Staff is seeking approval of a supplemental agreement with KPG Psomas in the amount of
$254,023.95 for additional engineering and construction management services on the
project.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting Consent Agenda.
D.Interagency Agreement: King County Parks
Staff is seeking approval of an interlocal agreement with King County Parks that would
combine the design of the Southcenter Boulevard Road Diet project with the County’s Lake to
Sound Trail F1 section with the County leading the design efforts.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting Consent Agenda.
27
28
ITEM INFORMATION
STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 07/21/25
AGENDA ITEM TITLE Southcenter Boulevard Road Diet/Lake to Sound Trail
Interagency Agreement (IAA)
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 7/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
Southcenter Boulevard Road Diet has been added to the 2025-2026 CIP. This section of
roadway, between 62nd Ave S and 66th Ave S, has been identified as a high-injury corridor.
The project will narrow the travel lanes with the goal of improving safety and reducing the
risk of serious injuries or fatalities for drivers, pedestrians,and cyclists. KC Parks, which will
lead the design effort, has requested a trail connection, as outlined in the Interagency
Agreement (IAA). Council is being asked to approve the Interagency Agreement.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 06/23/2025 COMMITTEE CHAIR: MOHAMED ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to the Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$235,000 $235,000 $0.00 Fund Source:
Comments: Southcenter Blvd/65th Ave S Signal CIP
MTG. DATE RECORD OF COUNCIL ACTION
07/21/25
MTG. DATE ATTACHMENTS
07/21/25 Informational Memorandum dated 06/20/25
Supplemental Agreement No. 2
Southcenter Blvd/65th Ave S Signal CIP
Minutes from Transportation and Infrastructure Committee meeting of 06/23/25
C OUNCIL AGENDA S YNOPSIS
----------------------------------Initials --------------------------------- I TEM N O.
Meeting Date Prepared by Mayor’s review Council review
07/21/25 JR 5.D.
29
TO: Transportation and Infrastructure Committee
FROM: Jen Tetatzin, Public Works Director
BY: Cyndy Knighton, Senior Program Manager – Transportation
CC: Thomas McLeod, Mayor
DATE: June 20, 2025
SUBJECT: Southcenter Boulevard Road Diet/Lake to Sound Trail
Project No. 92510406
Interagency Agreement (IAA)
ISSUE
An interlocal agreement between Tukwila and King County Parks (KC Parks) that would combine the
design of the City’s Southcenter Boulevard Road Diet project and the County’s Lake to Sound Trail (F1
section). KC Parks would lead the design efforts with City involvement.
BACKGROUND
In the 2025-2026 Capital Improvement Program, a new project was added, Southcenter Boulevard Road
Diet, which would narrow the roadway between approximately 62nd Ave S and 66th Avenue S. This street
segment is on the High Injury Network identified in the recently adopted Local Road Safety Plan as it
experiences a high number of collisions with serious injuries and has had fatalities in the past. Speeding
and limited sight distance are common contributing factors. At the same time as this project was being
identified, KC Parks came forward to discuss a regional trail, Lake to Sound Trail (L2S) which will provide
a trail connection from Lake Washington to Puget Sound. One missing section in Tukwila would connect
the existing Green River Trail at Southcenter Boulevard to the west side of the 53rd Avenue S intersection.
This section is referred to as the F1 Segment. A future F2 Segment will connect from F1 through into the
City of SeaTac. As these two projects overlap, staff from both agencies began early coordination.
DISCUSSION
Staff agreed that having a combined scope of work for project design for both projects is the most
expedient, cost-effective use of taxpayer funds. The KC Parks project is much larger and more complex
than the city’s road diet project. Therefore, having KC Parks lead the design effort was the logical choice.
The attached Interagency Agreement (IAA) establishes the framework for this combined design effort.
The IAA has been reviewed by the City Attorney’s office. It is likely that a future IAA or amendment to
this IAA would cover the construction of the combined project. City staff would be directly involved in the
design effort through specific oversight of the project as well as through the necessary permitting that will
be required for KC Parks to obtain prior to construction authorization.
FINANCIAL IMPACT
The IAA outlines the terms for Tukwila to contribute funds toward the Road Diet design. Following the
execution of the IAA and a consultant agreement based on the agreed-upon scope of work, Tukwila will
be invoiced for $100,000. After design of the project is completed, currently estimated to be in late 2026,
Tukwila would be invoiced for $135,000. Total Tukwila costs would be $235,000, which is included in the
current Capital Improvement Program (CIP) and City Budget.
RECOMMENDATION
The Council is being asked to approve the Interagency Agreement and consider this item for the July 21,
2025, Regular Meeting.
ATTACHMENTS
• Interagency Agreement and CIP Page
30
Agreement Reference Number - AGR2025-01
INTERAGENCY AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA
FOR DESIGN OF COMBINED LAKE TO SOUND TRAIL SEGMENT F1 and SOUTHCENTER
BOULEVARD ROAD DIET LOCATED IN TUKWILA, WA
This INTERAGENCY AGREEMENT (the "Agreement'') is made and entered into by and between the
City of Tukwila ("City") and King County Parks and Recreation Division ("County"), regarding design of
the portion of Segment F1 of the Lake to Sound Trail. The County and Tukwila are collectively referred
to as the ("Parties").
RECITALS
A. On August 6, 2019, the King County voters approved Proposition No. 1 Parks Levy that
authorized an additional six-year (2020-2025) property tax levy for specified park purposes, including the
improvement of parks, development of regional trails, and enhancement of recreation, access, and
mobility in King County.
B. The Lake to Sound Trail is part of King County’s Regional Trail System (“RTS”), one of the
nation’s most extensive multi-use trail networks with more than 175 miles of trails for recreation and non-
motorized mobility and commuting.
C. The Lake to Sound Trail is planned to extend from the southern end of Lake Washington to Puget
Sound and will provide recreational and health benefits to residents of the cities and County.
D. The Lake to Sound Trail is being constructed in segments. Segment B is a 1.5-mile segment that
follows Des Moines Memorial Drive from 156th Way in SeaTac to South Normandy Road in Burien and
was completed in 2017. Segment A is a 1.1-mile segment that passes through the Black River Riparian
Forest Park in the City of Renton to the Green River Trail in the City of Tukwila’s Fort Dent Park.
Segments D, E, and F are in the cities of Renton and Tukwila and will complete an east-west connection
along the trail corridor.
E. Segment F1 is located within the city and Tukwila. This agreement governs that area within the
City of Tukwila within Southcenter Boulevard Right of Way from the Green River Trail to 53rd Avenue
S.
F. The City of Tukwila has funding for design of the Southcenter Boulevard Road Diet project (the
“City Road Diet Project” or “Project”) and King County Parks has funding for design of the Lake to
Sound Trail Segment F1. These projects directly overlap and both agencies believe combining design into
one project will create design, permitting and cost efficiencies.
G. The City of Tukwila has funding for sewer and water projects in the same project area as
Tukwila’s Road Diet project and King County Parks’ Lake to Sound Trail Segment F1 and intends to
coordinate design of the sewer and water projects with the Road Diet and Trail. In addition, both parties
are contemplating entering into an agreement in the future which would combine all projects into one
construction package to reduce construction impacts.
H. The City of Tukwila is a non-charter optional municipal code city incorporated pursuant to RCW Title
35A, of the State of Washington, with authority to enact laws and enter into agreements to promote the
health, safety, and welfare of their citizens and for other lawful purposes.
31
Agreement Reference Number - AGR2025-01
I. King County is a home rule charter county that, among other things, provides regional and rural
parks, recreation, and sports facilities for public use. RCW 36.89.030 authorizes King County to
establish, acquire, develop, construct, and improve open space, park, recreation, and community facilities,
including non-motorized trails and paths.
J. Under King County Code, Section 2.16.045. E.1, the duties of the County’s Parks and Recreation
Division include providing active recreation facilities by facilitating agreements with other jurisdictions
and entities.
NOW THEREFORE, it is mutually agreed as follows:
1. PURPOSE
The purpose of this Agreement is to set forth the rights, responsibilities, and obligations of the Parties
relating to hiring a consultant to design Lake to Sound Segment F1 and coordinate that design work with
the City of Tukwila. The City of Tukwila will provide King County funding to incorporate City Road
Diet Project requirements into the Lake to Sound Segment F1 project design. This Agreement covers that
portion of Lake to Sound Segment F1 trail design that is within Southcenter Boulevard and relates to
addressing the design requirements of the City Road Diet Project. This Agreement is not intended to
address construction, operation, and/or maintenance of the trail segment or the City Road Diet Project. If
the Parties elect to proceed with implementation of the Lake to Sound Segment F1 Trail, the Parties
contemplate entering into a separate agreement to further define their respective roles, responsibilities and
limitations related to the construction, operation, and/or maintenance of the Lake to Sound Segment F1
trail.
A draft SCOPE OF WORK for the Project is included as ATTACHMENT A. In consultation with the
City, the final scope of work will be negotiated by the County with the selected consultant. Both the City
and County will approve the final scope of work in writing prior to the County executing a consultant
contract.
2. DURATION
This Agreement shall become effective immediately upon execution by the Parties and shall remain in
effect until the City and County have accepted the deliverables described in Attachment A. The Parties
anticipate that the Project design will be completed by March 15, 2030.
3. FUNDING & PAYMENTS
3.1 The City shall fund the Project conducted by the consultant to a maximum amount of $235,000 (two-
hundred and thirty-five thousand dollars) (“City Contribution”) from the 2025 and 2026 City of Tukwila
Budget, as approved by the Tukwila City Council. Any funding for the Project in addition to the City
Contribution would need to be negotiated between the City and County as an amendment to the
Agreement.
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Agreement Reference Number - AGR2025-01
3.2 The City Contribution shall be as follows:
A. $100,000 to be invoiced by the County to the City following execution of a consultant agreement
to implement the agreed upon Scope of Work for the Project. This invoice shall include the scope
and budget for the Project.
B. Final actual costs up to $135,000 after Scope of Work is complete and all deliverables are
accepted by City.
C. Invoices shall reference the “Southcenter Boulevard Road Diet Design” and MOA date &
number, and be submitted via email to Cyndy.Knighton@tukwila.gov with an email copy to
Adam.Cox@tukwila.gov.
3.3 The City shall distribute funding to the County based on the invoicing schedule in Section 3.2 of the
Agreement, above, within 30 days of receiving the invoice from the County.
4. COUNTY RESPONSIBILITIES
4.1 Lead Agency. The County shall act as the sole consultant project manager for the design of the Lake
to Sound Trail Segment F1, which will incorporate requirements for the City Road Diet Project in the
vicinity of Lake to Sound Trail Segment F1 (hereinafter referred to as the “Combined Design Work”).
Except as otherwise provided herein, the County shall be solely responsible for oversight of the
Combined Design Work, including but not limited to, consultant selection, consultant procurement, and
contract and project management.
4.2 Public Outreach. The County may develop and implement a public outreach program as it deems
necessary for the Combined Design Work. The County will coordinate with the City to allow City
participation in any outreach activities and afford the City prior review, before publication, of any
outreach materials associated with the Combined Design Work. The City may choose to conduct
additional public outreach on behalf of the City Road Diet Project.
4.3 Scope of Work Responsibilities.
A. The County shall prepare a final scope of services consistent with the outline scope attached as
Attachment A and negotiate the scope of work with consultant to complete the technical analysis
and engineering anticipated for the Combined Design Work, which shall be subject to final
approval by the City in writing prior to the County executing the Combined Design Work
consultant contract.
B. Administer the consultant contract, including accounting and payment to the consultant; and
maintain records for the Project.
4.4 Coordination of Activity.
A. The County shall hold quarterly coordination and design meetings with the City, at a
minimum. The County will submit plans and specifications for the Project at 30%, 60%, 90% and
100% design in the development process, and more if the County chooses to do so. The City will
have fifteen (15) working days to review submitted plans and specifications and provide
consolidated comments to the County.
B. Upon the County’s receipt of interim and final deliverables, it shall promptly provide the City
with copies of the scope of the Combined Design Work consultant contract, schedule, design
33
Agreement Reference Number - AGR2025-01
documents, estimates, drawings, meeting materials and all draft and final deliverables from the
consultant contract.
4.5 Permitting and Environmental Review. The County shall be the lead agency for the Lake to Sound
Trail Segment F1 Project with the City Road Diet Project design requirements under the State
Environmental Policy Act (SEPA) and shall apply for all applicable permits. In addition, Washington
State Department of Transportation is anticipated to determine the National Environmental Policy Act
(NEPA) scope of the project and the County shall submit NEPA materials. To the extent that the City’s
signature on applications or other involvement is required, as the owner of the real property on which said
project is being designed, the City agrees to cooperate with the County and take all necessary actions to
obtain the permits.
5. CITY RESPONSIBILITIES
5.1 Coordination of Activity. The City shall timely provide the County with known information relevant
to the City Road Diet Project. The City shall assign designated personnel to provide timely review of the
City Road Diet Project documents from the County. The designated City personnel shall review an
County provided design package documents within fifteen (15) working days of receipt, unless the City’s
designated personnel has been out of the office during that period and notice of the need for additional
time has been provided to the County.
5.2 Public Outreach. The City shall review and provide comments on all draft outreach materials within
ten (10) working days of receipt of the same.
5.3 Project Participation. The City’s designated personnel shall attend regularly scheduled progress
meetings and design review meetings or workshops during development of the Combined Design Work.
For non-regularly scheduled meetings, the County shall provide fourteen (14) working days notice, if
possible, or unless the Parties mutually agree otherwise. To the extent possible, the County shall provide
the City with all written materials in advance of any meetings, such that the City will have sufficient time
to review said materials prior to the meeting.
5.4 Integration with Planning Documents. The City shall make every effort to integrate the Lake to Sound
Trail Segment F1 into various City planning documents.
6. TERMINATION
6.1 Termination for Default. Either Party may terminate this Agreement in the event the other Party fails
to perform a material obligation of this Agreement. Written notice of a Party's intention to terminate this
Agreement pursuant to this Subsection 6.1 shall be provided to the other Party not less than fifteen (15)
calendar days prior to the effective date of Termination.
6.2 Termination for Convenience. Either Party to this Agreement may terminate the Agreement, in whole
or in part, for convenience and without cause. Written notice of a Party's intention to terminate this
Agreement pursuant to this Subsection 6.2 shall be provided to the other Party not less than thirty (30)
days prior to the effective date of termination. If the City terminates no monies shall be returned.
34
Agreement Reference Number - AGR2025-01
7. DISPUTE RESOLUTION
7.1 The Parties agree to make good faith efforts to prevent and resolve potential sources of conflict at the
lowest level.
7.2 The Parties agree to make good faith efforts to resolve disputes arising out of or related to this
Agreement using good faith negotiations by engaging in the following dispute escalation process should
any such disputes arise:
a) Level One -King County's Designated Representative and the City’s Designated Representative
shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve
the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either
party may refer the dispute to Level Two.
b) Level Two -King County's Director of the Department of Natural Resources and Parks, or
Designee and the City’s City Administrator, or Designee shall meet to discuss and attempt to
resolve the dispute, in a timely manner. If they cannot resolve the dispute within twenty-one (21)
calendar days after referral of that dispute to Level Two, either party may refer the dispute to
Level Three.
c) Level Three- King County's Director of the Department of Natural Resources and Parks and King
County's Executive or Designee and the City’s City Administrator and Mayor or their Designees
shall meet to discuss and attempt to resolve the dispute in a timely manner.
6.3 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level
Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free
to file suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as
mediation or arbitration. At all times prior to resolution of the dispute, the Parties shall continue to
perform any undisputed obligations and make any undisputed required payments under this Agreement in
the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in
this Agreement to the contrary, neither Party has an obligation to agree to refer the dispute to mediation,
arbitration nor other form of dispute resolution following completion of Level Three of the process
described herein. Such agreement may be withheld for any reason or no reason.
7. NOTICES
Any notice required to be given by either Party to the other pursuant to the provisions of this Agreement
or any law, present or future, shall be in writing and shall be deemed to have been duly given or sent if
either delivered personally or via U.S. mail to the following Designated Representative or future
designee:
KING COUNTY
Parks and Recreation Division
Attn: Peter Dane
201 S. Jackson Street Suite 500
Seattle, WA 98104-3855
Pdane@kingcounty.gov
Kcparks.legalnotices@kingcounty.gov
THE CITY OF TUKWILA
Public Works Department
Attn: Cyndy Knighton
6300 Southcenter Blvd, Suite 200
Tukwila, WA 98188
Email address: Cyndy.Knighton@TukwilaWA.gov
35
Agreement Reference Number - AGR2025-01
All notices issued under this Agreement shall be deemed received on the second business day after being
sent via U.S. mail, or if personally delivered, at the time they are actually hand delivered to the addressee.
Each Party may change its notice address set forth in this section by giving notice of a new address to the
other Party in accordance with this section.
8. GENERAL LEGAL PROVISIONS
8.1 Compliance with Law. The City and County shall comply, and shall ensure their employees, agents
and assigns comply, with all federal, state, and local laws, regulations, and ordinances applicable to the
work and services performed pursuant to this Agreement.
8.2 Parties. No joint venture or partnership is formed as a result of this Agreement. No employees or
agents of either Party or any of either Party's Contractors or subcontractors shall be deemed, or represent
themselves to be, employees of the other Party.
8.3 Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of
Washington in effect on the date of execution of this Agreement. The Superior Court of King County in
Seattle, Washington shall have exclusive jurisdiction and venue over any legal action arising under this
Agreement.
8.4 Headings. Section titles or other headings contained in this Agreement are for convenience only and
shall not be part of this Agreement, nor be considered in its interpretation.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
an original, but such counterparts shall constitute one and the same instrument.
8.6 No third-Party Beneficiaries. This Agreement is entered into solely for the mutual benefit of the
Parties. This Agreement is not entered into with the intent that it shall benefit any other person and no
other such person shall be entitled to be treated as a third-party beneficiary of this Agreement.
8.7 No Waiver. Neither payment nor performance by a Party shall be construed as a waiver of the other
Party's rights or remedies against the Party. Failure to require full and timely performance of any
provision at any time shall not waive or reduce the right to insist upon complete and timely performance
of such provision thereafter.
8.8 Entire Agreement. This Agreement shall constitute all terms, conditions, and provisions agreed upon
by the Parties hereto. No modification or amendment of this Agreement shall be valid or effective unless
evidenced by an agreement in writing signed by both Parties.
8.9 Interpretation. This Agreement is and shall be deemed jointly drafted and written by each of the
Parties to it, and it shall not be construed or interpreted against any of the Parties originating or preparing
it.
8.10 Severability. If any provisions of this Agreement are held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby if such remainder would then
continue to serve the purposes and objectives originally contemplated.
8.11 Hold Harmless and Indemnification. Each Party shall protect defend, indemnify, and save harmless
the other Party, its officers, officials, employees and agents which acting within the scope of their
employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or
36
Agreement Reference Number - AGR2025-01
damages of whatsoever kind ("Claims") arising out of, or in exercise of any right or obligation under this
Agreement, to the extent caused by or resulting from each Party's own negligent acts or omissions. Each
Party agrees that its obligations under this Paragraph extend to any Claim brought by or on behalf of the
other Party or any of its employees or agents. The foregoing indemnity is specifically and expressly
intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act,
RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the
indemnified Party with full and complete indemnity of Claims made by the indemnitor's employees. The
parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The
provisions of this subsection shall survive and continue to be applicable to any Party exercising the right
of termination pursuant to Section 6.
The Parties have executed this Agreement, effective on the latest date shown below. The signatories
below represent and warrant that they possess the authority to execute this Agreement and bind their
respective entities.
THE CITY OF TUKWILA
_________________________________________
Tom McLeod, Mayor
Date signed: ______________________________
Approved as to form:
_________________________________________
City Attorney
Date signed: ______________________________
KING COUNTY
_________________________________________
John Taylor, Director King County Department of Natural Resources and Parks
Date signed: _______________________________
Approved as to form:
_________________________________________
County Sr. Deputy Prosecuting Attorney
Date: ____________________________________
37
Agreement Reference Number - AGR2025-01
ATTACHMENT A
EXAMPLE SCOPE OF WORK
Project Management
Environmental Documents
30-percent Plans
Public Stakeholder Involvement
60-percent Plans
Real Property Coordination / Temporary Construction Easements
90-percent Plans
Bidding Assistance
Bid / Advertisement Ready Plans
Unanticipated Services
38
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2025 to 2030
PROJECT:Southcenter Blvd Road Diet (62nd Ave S - 66th
Ave S)Project #92510406
Project Manager Cyndy Knighton Department Arterial Streets
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINTENANCE IMPACT:
COMMENT:
FINANCIAL (in thousands)2025 2026 2027 2028 2029 2030 Beyond TOTAL
Project Costs
Design 100$ 135$ -$ -$ -$ -$ -$ 235$
Construction Mgmt.-$ -$ 315$ -$ -$ -$ -$ 315$
Construction -$ -$ 2,050$ -$ -$ -$ -$ 2,050$
Contingency -$ -$ 390$ -$ -$ -$ -$ 390$
Total Project Costs 100$ 135$ 2,755$ -$ -$ -$ -$ 2,990$
Project Funding
Proposed Grant -$ -$ 2,383$ -$ -$ -$ -$ 2,383$
Fund Balance 100$ 135$ 372$ -$ -$ -$ -$ 607$
Total Project Funding 100$ 135$ 2,755$ -$ -$ -$ -$ 2,990$
Narrow Southcenter Blvd from 5 lanes to 3 lanes between approximately 62nd Avenue S to 66th Avenue S.
Reconfigure signal operations at 66th Avenue S to include dual left turn lanes for WB travel and one single thru lane.
Widened shared use path on north side will be created by King County Parks as part of the Lake to Sound trail
project, from approximately 66th Avenue S to Macadam Road. Coordination on design and construction between
agencies is required. Possible inclusion of water or sewer utility projects.
Road section is on the City's High Injury Network and a road diet to slow traffic and improve visibility is the optimal
solution. Coordination with King County's Lake to Sound Trail system is desirable. The County will be presenting the
section of the L2S trail to voters in 2025, which will include design and construction. The road diet is necessary to
the trail construction.
New project.
TBD. Annual maintenance of the street system may remain the same, but if the project includes the desired
improvements for street trees/landscaping, and increase in annual maintenance would occur. Negotiations
between City and King County on ownership and maintenance of the trail portion are required. KCParks has already
indicated the desire to turn the trail over to Tukwila for ownership and maintenance. Internal discussions would
need to occur to determine responsible department (PW vs. PnR).
N/A
2025 - 2026 Biennial Budget City of Tukwila, Washington
98 39
City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
June 23, 2025, 5:30 p.m. – Hybrid Meeting; City Council Conference Room & MS Teams
Councilmembers Present Mohamed Abdi, Chair; Hannah Hedrick
Staff Present Pete Mayer, Jen Tetatzin, Griffin Lerner, Eric Compton, Nora Gierloff,
Cyndy Knighton, Alison Turner, Chris Andree, David Baus, Adam Cox
I.PRESENTATION
II.BUSINESS AGENDA
A.Ordinance: Commute Trip Reduction Plan
Staff is seeking approval of an ordinance that would adopt the 2025-2029 Commute Trip
Reduction Plan update as required by the Washington Clean Air Act.
Committee Recommendation
Majority approval. Forward to June 23, 2025 Committee of the Whole for Public Hearing.
B.Franchise Agreement: Hyper Fiber
Staff is seeking approval of an ordinance granting a franchise agreement to Hyber Fiber for
telecommunications facilities in city right-of-way.
Committee Recommendation
Majority approval. Forward to July 14, 2025 Committee of the Whole.
C.Supplemental Agreement No. 2: Southcenter Boulevard/65th Avenue South Signal
Staff is seeking approval of a supplemental agreement with KPG Psomas in the amount of
$254,023.95 for additional engineering and construction management services on the
project.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting Consent Agenda.
D.Interagency Agreement: King County Parks
Staff is seeking approval of an interlocal agreement with King County Parks that would
combine the design of the Southcenter Boulevard Road Diet project with the County’s Lake to
Sound Trail F1 section with the County leading the design efforts.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting Consent Agenda.
40
ITEM INFORMATION
STAFF SPONSOR: ERIC COMPTON ORIGINAL AGENDA DATE: 7/14/25
AGENDA ITEM TITLE Ordinance Granting a Non-Exclusive Franchise Agreement to Hyper Fiber
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/14/25 Mtg Date 7/14/25 Mtg Date Mtg Date 7/14/25 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY Hyper Fiber is a consumer oriented internet service provider wanting to connect Tukwila
residents to high speed fiber for internet. Council is being asked to approve the new
ordinance for the franchise agreement that will allow Hyper Fiber 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 Arts Comm. Parks Comm. Planning Comm.
DATE: 6/23/25 COMMITTEE CHAIR: ABDI
RECOMMENDATIONS:
SPONSOR/ADMIN. Technology and Innovation Services / Joel Bush
COMMITTEE Unanimous Approval; Forward to 07/14 Committee of the Whole Meeting
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: NO FUNDING REQUIRED
Comments: Under the terms of the Franchise, Hyper Fiber is required to pay a $5000 administrative fee.
MTG. DATE RECORD OF COUNCIL ACTION
7/14/25
7/21/25
MTG. DATE ATTACHMENTS
7/14/25 Informational Memorandum dated 06/23/25
Draft Ordinance - Telecom Franchise Agreement with Hyper Fiber
Hyper Fiber Franchise Application
Minutes from the 06/23/25 TIS Committee Meeting (distributed separately)
7/21/25
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
7/14/25 ESC
7/21/25 ESC 5.E.
Final Ordinance - Telecom Franchise Agreement with Hyper Fiber
Forward to next Regular Meeting Fonsent Dgenda
41
2025 Legislation: HyperFiber Franchise Agreement Page 1 of 3
Version: 06/12/2025
Staff: E. Compton
City of Tukwila
Washington
Ordinance No. _________
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING TO HYPER FIBER, AND ITS
AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE,
AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE
YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE
AND REPAIR A BROADBAND SERVICES FIBER OPTIC
BROADBAND SERVICES NETWORK, IN, ACROSS, OVER,
ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED
PUBLIC RIGHTS-OF-WAY OF THE CITY OF TUKWILA,
WASHINGTON; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Hyper Fiber (“Franchisee”) doing business in the State of Washington
as Hyper Fiber, has applied for a non-exclusive telecommunications franchise to
construct, operate, and maintain telecommunications facilities upon, in, under, across,
along, and over certain City roads; and
WHEREAS, the Parties desire to execute a new nonexclusive franchise (this
“Franchise”) for purposes of operating and maintaining a telecommunications network;
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; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a
telecommunications franchise subject to certain terms and conditions, which are
acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
42
2025 Legislation: HyperFiber Franchise Agreement Page 2 of 3
Version: 06/12/2025
Staff: E. Compton
Section 1. Franchise Granted. The City Council hereby grants to Franchisee,
subject to the conditions prescribed in the agreement attached and incorporated herein
as Attachment A, the franchise right and authority to construct, replace, repair, monitor,
maintain, use and operate the equipment and facilities necessary for broadband and other
service. 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
Hyper Fiber. Such acceptance shall contain any required letter of credit, evidence of
insurance, all applicable fees pursuant to Section 14. of the Franchise, and shall be filed
with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such
instrument shall conform substantially to Attachment B, and evidence the unconditional
acceptance of the terms hereof and a promise to comply with and abide by the provisions,
terms and conditions hereof.
Section 4. Corrections by City Clerk Authorized. The City Clerk 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, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 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. This Ordinance, being an exercise of
a power specifically delegated to the City legislative body, is not subject to referendum .
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this ____ day of _______, 2025.
[signatures to follow]
43
2025 Legislation: HyperFiber Franchise Agreement Page 3 of 3
Version: 06/12/2025
Staff: E. Compton
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, 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
Attachment A: Telecommunication Franchise with Hyper Fiber
Attachment B: Statement of Acceptance with Hyper Fiber
44
Hyper Fiber Franchise Agreement Page 1 of 37
BROADBAND SERVICES NETWORK FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
HYPER FIBER
This Broadband Services Network Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter (“the City”) and Hyper Fiber who is hereinafter
known as (“Hyper Fiber” 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 Hyper Fiber 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 fiber
optic broadband services network (“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
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 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.
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Hyper Fiber Franchise Agreement Page 2 of 37
(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
broadband services, internet protocol-based services, internet access services, conduit and dark
fiber leasing, telephone, data transport and other telecommunications services and information
services (the “Services”). Nothing contained herein shall be construed to grant or convey any right,
title, or interest in the Rights-of-Way of the City to the Franchisee other than for the purpose of
providing the Services, nor to subordinate the primary use of the Right-of-Way as a public
thoroughfare. Franchisee may not 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.
46
Hyper Fiber Franchise Agreement Page 3 of 37
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 1 1 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 Network, 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 Network or Services for any purpose not
authorized by this Franchise, unless such rights are otherwise granted by the City.
Section 3. Non-Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express condition and
understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or
hinder the City from granting to other parties, at other times and under such terms and conditions
as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in,
on, to, across, over, upon, along, under or through any Public Rights-of-Way. Additionally, this
Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public
Rights-of-Way or other public properties covered or affected by this Franchise, nor shall this
Franchise affect the City’s jurisdiction, authority or power over any of them, in whole or in part.
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The City expressly retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the roads,
Public Rights-of-Way or other public properties covered or affected by the Franchise as the City
may, in its sole and absolute discretion, deem fit, including the dedication, establishment,
maintenance and/or improvement of new Public Rights-of-Way, thoroughfares and other public
properties of every type and description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the
“Initial Term”), beginning on the Effective Date of the Franchise, and continuing until the date
that is one day prior to the fifth anniversary of the Effective Date (the “Initial Term Expiration
Date”), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise.
Section 4.2. The Franchise granted by this Franchise Ordinance shall automatically
renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth
in this Franchise, for one (1) additional five (5) year (the “Renewal Term,” and, together with the
Initial Term, the “Term”), unless either party provides one hundred twenty (120) days written
notice to the other party to request an amendment to the Franchise.
Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a The 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
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of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in
addition to local ordinances and other applicable regulations. Franchisee specifically agrees that:
(a) any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be restored,
repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized to
enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will
promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove
from any Public Right-of-Way any portion of the Franchisee Facilities when so required by the
City due to any of the following reasons: (i) traffic conditions, (ii) public safety, (iii) dedications
of new rights-of-way and the establishment and/or improvement thereof, (iv) widening and/or
improvement of existing rights-of-way, (v) right-of-way vacations, (vi) freeway construction,
(vii) change or establishment of road grade, or (viii) the construction of any public improvement
or structure by any governmental agency acting in a governmental capacity; PROVIDED that the
Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of
the same Public Right-of-Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this Section 6.
apply to all Franchisee Facilities wheresoever situated within any Public Right-of-Way, regardless
of whether the Franchisee Facility at issue was originally placed in such location under the
authority of an easement or other property interest prior to the property becoming a Public Right-
of-Way. For the avoidance of doubt, such projects shall include any Right-of-Way improvement
project, even if the project entails, in part, related work funded and/or performed by or for a third
party, provided that such work is performed for the public benefit, and not primarily for the benefit
of a private entity, and shall not include, without limitation, any other improvements or repairs
undertaken by or for the sole benefit of third party private entities. Collectively all such projects
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described in this Section 6.1 shall be considered a “Public Project”. Except as otherwise provided
by law, the costs and expenses associated with relocations or disconnections ordered pursuant to
this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit
Franchisee’s ability to seek reimbursement for relocation costs when permitted by RCW
35.99.060.
Section 6.2. Upon the request of the City and in order to facilitate the design of City
improvements to Public Rights-of-Way, Franchisee agrees, at its sole cost and expense, to locate
and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and
expense, portions of the Franchisee Facilities for inspection so that the location of the facilities
may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be
required to excavate and expose the Franchisee Facilities for inspection unless Franchisee’s record
drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise
are reasonably determined by the Public Works Director to be inadequate for the City’s planning
purposes. The decision to require relocation of any Franchisee Facilities in order to accommodate
Public Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs in
performing any maintenance, operation, or improvement of or to public facilities due to measures
taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee
Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly
upon receiving the City’s invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person or entity
(including, without limitation, any condition or requirement imposed pursuant to any contract or
in conjunction with approvals for permits for zoning, land use, construction or development) which
reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required
relocation for purposes of this Section 6.
Section 6.4. If the City determines that the Public Project necessitates the relocation of
Franchisee’s Facilities, the City shall provide Franchisee in writing with a date by which the
relocation shall be completed (the “Relocation Date”) consistent with RCW 35.99.060(2). In
calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of
facilities to be relocated, the services requirements, and the construction sequence for the
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relocation, within the City’s overall project construction sequence and constraints, to safely
complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days’
notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation
Date, unless the City or a reviewing court establishes a later date for completion, as described in
RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project. After
receipt of the written notice containing the Relocation Date, Franchisee shall relocate such
facilities to accommodate the Public Project consistent with the timeline provided by the City and
at no charge or expense to the City. Such timeline may be extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed above
and to the City’s satisfaction, the City may cause such work to be done and bill the cost of the
work to Franchisee, including all costs and expenses incurred by the City due to Franchisee’s
delay. In such event, the City shall not be liable for any damage to any portion of Franchisee’s
Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay
the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect
Franchisee’s facilities and equipment, and that delay results in any delay damage accrued by or
against the City, Franchisee will be liable for all documented costs of construction delays
attributable to Franchisee’s failure to timely act. Franchisee reserves the right to challenge any
determination by the City of costs for construction delays related to an alleged failure to act in
accordance with this Section 6.5.
Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of
defending the City, in accordance with the provisions of Section 19. against any and all claims,
suits, actions, damages, or liabilities for delays on City construction projects caused by or arising
out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided,
that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond
the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City
or any unrelated third party.
Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or
in the event of an emergency beyond the control of the City which will result in severe financial
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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 (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 subdivisio ns, 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 existing aerial
utilities (other than electrical utilities and personal wireless services facilities) in any area of the
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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 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.
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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. 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
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8. except to the extent caused by the sole negligence, intentional misconduct or criminal actions
of the City, its employees, contractors, or agents.
Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a
condition that appears to substantially impair the lateral support of the adjoining street or public
place, or endangers the public, an adjoining public place, street utilities or City property, the Public
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 g ive the City at
least ten (10) working days prior notice (except in the case of an emergency) of its intent to
commence work in the Rights-of-Way. The City shall only issue permits that are in compliance
with the TMC and the City’s generally applicable design standards. During the progress of the
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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, 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.
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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, 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.
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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
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 i ssued
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
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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 cos t 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, 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
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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.
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
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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: (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
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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
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
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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.
Where the City incurs documented and reasonable costs and expenses for review, inspection, or
supervision of activities, including but not limited to documented and reasonable fees associated
with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority
granted in this Franchise or any ordinances relating to the subject for which a permit fee is not
established, Franchisee shall pay such costs and expenses directly to the City in accordance with
the provisions of Section 14.3. For avoidance of doubt, the term “documented” shall mean
described in an itemized invoice or similar document so as to specifically identify the costs,
expenses or fee.
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in
accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City
reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the
extent said emergency is not the fault of the City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty
(60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by the City
in planning, constructing, installing, repairing, altering, or maintaining any City facility as the
result of the presence of Franchisee’s Facilities in the Right -of-Way. Such costs and expenses
shall include but not be limited to Franchisee’s proportionate cost of City personnel assigned to
oversee or engage in any work in the Right-of-Way as the result of the presence of Franchisee’s
Facilities in the Right-of-Way. Such costs and expenses shall also include Franchisee’s
proportionate share of any time spent reviewing construction plans in order to either accomplish
the relocation of Franchisee’s Facilities or the routing or rerouting of any utilities so as not to
interfere with Franchisee’s Facilities.
Section 14.4. The time of City employees shall be charged at their respective rate of
salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs
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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 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, b ut 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
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appropriate regulations, including design standards and utility accommodation policies, the
location, elevation, manner of construction, and maintenance of any Franchisee Facilities located
within any Public Right-of-Way or affecting any Public Right-of-Way, and the Franchisee shall
promptly conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law. In the event of a conflict between the regulatory provisions of
this Franchise Ordinance and any other ordinance(s) enacted under the City’s police power
authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth
herein.
Section 17. Limitation of City’s Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on the part
of the City, its elected and appointed officials, officers, employees, and agents for any injury or
damage from the failure of the Franchisee to comply with the provisions of this Franchise
Ordinance; by reason of any plan, schedule or specification review, inspectio n, 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,
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regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance
with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of
its action setting forth the full text of the amendment and identifying the statute, regulation, or
ordinance requiring the amendment. Said amendment shall become automatically effective upon
expiration of the notice period unless, before expiration of that period, Franchisee makes a written
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 Fran chisee 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
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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 count erclaims or
interpleader action, equitable relief, restraining order or injunction. The City’s fees and expenses
shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also
include the reasonable value of any services rendered by the counsel retained by the City but shall
not include outside attorneys’ fees for services that are unnecessarily duplicative of services
provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and
agents to cooperate with the other party in the defense of any such claim and the relevant records
of each party shall be available to the other party with respect to any such defense.
Section 19.4. The parties acknowledge that this Franchise may be subject to RCW
4.24.115. Accordingly, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of Franchisee and
the City, its officers, officials, employees, and volunteers, Franchisee’s liability shall be only to
the extent of Franchisee’s negligence. It is further specifically and expressly understood that the
indemnification provided constitutes Franchisee’s waiver of immunity under Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee
assumes the risk of damage to its Facilities located in the Rights-of-Way and upon City-owned
property from activities conducted by the City, its officers, agents, employees, volunteers, elected
and appointed officials, and contractors, except to the extent any such damage or destruction is
caused by or arises from any sole negligence, intentional misconduct or criminal actions on the
part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or
contractors. In no event shall the City be liable for any indirect, incidental, special, consequential,
exemplary, or punitive damages, including by way of example and not limitation lost profits, lost
revenue, loss of goodwill, or loss of business opportunity in connection with its performance or
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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 s ole negligence or
intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation,
termination, or abandonment of this Franchise.
Section 20. Insurance.
Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and
as long as Franchisee has Facilities in the rights-of-way, insurance against claims for injuries to
persons or damage to property which may arise from or in connection with the Franchise and use
of the rights-of-way.
(a) No Limitation. Franchisee’s maintenance of insurance as required by the
Franchise shall not be construed to limit the liability of Franchisee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
(b) Minimum Scope of Insurance. Franchisee shall obtain insurance of the
types and coverage described below:
(i) Commercial General Liability insurance shall be at least as broad
as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations,
stop gap liability, independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. There shall be no exclusion
for liability arising from explosion, collapse or underground property damage. The City shall be
named as an additional insured under Franchisee’s Commercial General Liability insurance
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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.
(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.
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(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.
(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
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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. 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
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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
20.1 shall constitute a material breach of this Franchise. The amount of the bond shall not be
construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 22. Abandonment of Franchisee’s Facilities.
Section 22.1. Upon the expiration, 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
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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 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 condu ct
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
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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 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
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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 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.
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Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section
7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3
and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities
Franchisee may have to the City at common law, by statute, or by contract, and shall survive the
City’s Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions
thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise
shall further be binding upon the heirs, successors, executors, administrators, legal representatives
and assigns of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee
shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where
Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or
otherwise, unless prior written consent is provided to the City within 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, only notice to the City shall be required at
such time as 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. Additionally
and accept as otherwise provided herein, no consent shall be required for sales, transfers, leases,
assignments, subleases or disposals of the Franchise to any parent, subsidiary, affiliate or any
person, firm or corporation that shall control, or be under common control, with the Franchisee.
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
facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's 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.
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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.
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 portio n 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
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vacating all or any portion of any such area, in which Franchisee is located. The City may, after
sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
Section 33. Hazardous Substances.
Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical
or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its
agents, contractors or any person under its control to do the same. Franchisee will be solely
responsible for and will defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from and against any and all claims, costs and liabilities including
reasonable attorneys’ fees and costs, arising out of or in connection with the cleanup or restoration
of the property to the extent caused by Franchisee’s use, storage, or disposal of hazardous
substances, whether or not intentional, and the use, storage or disposal of such substances by
Franchisee’s agents, contractors or other persons acting under Franchisee’s control, whether or not
intentional.
Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the
expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise
Ordinance.
Section 34. Notice
Section 34.1. Any Notice or information required or permitted to be given to the parties
under this Franchise agreement may be sent to the following addresses unless otherwise specified:
CITY OF TUKWILA
Public Works Director
6200 Southcenter Blvd
Tukwila, WA 98188
206 433-1800
FRANCHISEE
HyperFiber of Washington, LLC dba Ripple Fiber
Attn: Josh Runyan, Chief Legal Officer
6000 Fairview Rd., Suite 300
Charlotte, NC 28210
Section 34.2. The Franchisee’s current emergency contact shall be Ripple Fiber Tech
Support/NOC and is reachable via the following number 800-359-5767, 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.
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Section 35. Miscellaneous.
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.
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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.
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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: __________________________.
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82
ITEM INFORMATION
STAFF SPONSOR: MATTHEW AUSTIN ORIGINAL AGENDA DATE: 7/21/25
AGENDA ITEM TITLE Contract Approval: TCC Riverside Campus Sunshade Installation
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 7/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY The City of Tukwila Parks & Recreation Department seeks to execute a contract with
Northwest Playground Equipment Inc. for the procurement and installation of multiple
sunshade structures at the Tukwila Community Center Splash Pad. The full project cost of
$154,319.67 requires full council approval before the Mayor may sign and execute the
proposed contract. City staff recommend the City Council approve the contract so the
Mayor may sign and execute the contract as proposed via the 7/21/25 Consent Agenda.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 7/14/25 COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation
COMMITTEE Unanimous approval; forward to 7/21/25 Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$154,319.67 $154,319.67 $0.00
Fund Source: LAND ACQUISTION, RECREATION, AND PARK DEVELOPMENT (301) FUND
Comments: Utilizing REET1 funds within fund balance
MTG. DATE RECORD OF COUNCIL ACTION
7/21/25
MTG. DATE ATTACHMENTS
7/21/25 Informational Memorandum dated 6/25/25
A --- Proposed Contract for Procurement & Installation – Northwest Playground Equip.
B --- Proposed Quote AM-6242025-00010063
C --- Splash Pad Butterfly & Flower Shade Design Visuals (Project Name: Tukwila Splas
Minutes from the 7/14 Community Services & Safety Committee Meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
7/21/25 DR 5.F.
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INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Matthew Austin, Parks Maintenance & Operations Superintendent
BY: David Rosen, Parks & Recreation Analyst
DATE: June 25, 2025
SUBJECT: Contract Approval: Tukwila Community Center Riverside Campus
Sunshades Installation
ISSUE
The City of Tukwila Parks & Recreation Department seeks to execute a contract with Northwest
Playground Equipment Inc. for the procurement and installation of multiple sunshade structures at the
Tukwila Community Center Splash Pad. The full project cost of $154,319.67 requires full council
approval before the Mayor may sign and execute the proposed contract.
BACKGROUND
As part of the 2020 Parks, Recreation, and Open Space (PROS) Plan released in March 2020,
community outreach was performed to gather both structured and open response feedback concerning
parks, their amenities, and any other comments or concerns regarding parks, trails, and open space
assets. Through this outreach, staff identified that the Tukwila Community Center is the most used
recreational asset in the city and some of the most used activities include bringing kids to play and
enjoying the outdoor amenities offered by the campus. This project aims to directly enhance an already
strong recreational asset our community uses and enjoys.
DISCUSSION
This project will feature the installation of three sunshades at the Tukwila Community Center Splash
Pad. Two of the structures will be in the provided butterfly design, measuring approximately 576 sq. ft
and the third structure will be in the provided flower design, measuring approximately 462 sq. ft. The
contractor will provide temporary fencing and installation services while the city is responsible for
permits, fees, related inspection fees, site prep, and confirmation of exact install locations. The
estimated time to completion from an issued notice to proceed is 8 - 12 weeks, putting an estimated
project completion date in the mid-September to mid-October timeframe.
FINANCIAL IMPACT
Funding for this project will be provided entirely by the Land Acquisition, Recreation, and Park
Development (301) Fund using Real Estate Excise Tax 1st Quarter Percent funds (REET1). Therefore,
approval of the attached contract does not create any General Fund inflows or outflows.
RECOMMENDATION
City staff recommend the Community Services and Safety Committee forward this contract for approval
by the full Tukwila City Council on the July 21, 2025 Regular Meeting Consent Agenda.
ATTACHMENTS
A --- Proposed Contract for Procurement & Installation – Northwest Playground Equipment Inc.
B --- Proposed Quote AM-6242025-00010063
C --- Splash Pad Butterfly & Flower Shade Design Visuals (Project Name: Tukwila Splash Pad)
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CA Revised May 2020 Page 1 of 4
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter
optional municipal code city hereinafter referred to as “the City,” and Northwest Playground Equipment
Inc., hereinafter referred to as “the Contractor,” whose principal office is located at 345 NW Dogwood St,
Issaquah WA, 98027-3216.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $154,319.67 at a rate for services provided
per Quote # AM-6242025-00010063 (Exhibit A).
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
July 25, 2025, and ending December 31, 2025, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor 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
Contractor nor any employee of Contractor 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 contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
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CA Revised May 2020 Page 2 of 4
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 Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the
extent of the Contractor’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor 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 and $2,000,000 products-completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
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 Contractor’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 Contractor’s insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
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CA Revised May 2020 Page 3 of 4
of not less than A: VII.
E. Verification of Coverage. Contractor 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 Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors’ coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor-provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor’s Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City’s intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor 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.
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CA Revised May 2020 Page 4 of 4
14. 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.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney’s fees and costs of suit.
DATED this 25th day of June, 2025.
** City signatures 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
** Contractor signature to be obtained by
sponsor staff. **
CONTRACTOR:
By:
Printed Name:
Title:
Address:
88
Northwest Playground Equipment, Inc.
PO Box 2410, Issaquah, WA 98027-0109
Phone (425) 313-9161 FAX (425) 642-8117
Email: sales@nwplayground.com
Thank you for considering Northwest Playground Equipment, Inc for
your Park, Playground, Shelter and Sports Equipment requirements
Page 1 of 3
QUOTE
Quote # AM-6242025-00010063
Quote Name: Tukwila Splash Shade - R1 Date: 06-24-2025
Bill To: Tukwila, City of
6200 Southcenter Blvd.
Tukwila, WA 98188
Ship To: Tukwila, City of
42nd Avenue South
Seattle, WA 98168
Site Address: 12424 42nd Avenue South
Tukwila, WA 98168
Name:
Email:
Matthew Austin
matthew.austin@tukwilawa.gov
Phone:
Cell:
206-445-2245
Item # Qty Description Price Total Price
EQUIPMENT
USA Shade
USA Shade -
Fabric
1 24' x 24' Butterfly Shade (Wings Flat) USA Shade System with Shade
Fabric, 10' Entry Height, Pier Mounted with Turn N Slide System.
Coastal Primer w/Powder Coating, Galvanized Cable, Recessed
Based Plate Anchor Bolts Included
Powder Coating and Shade Fabric Color to be Confirmed
$35,860.00 $35,860.00
USA Shade -
Fabric
1 24' x 24' Butterfly Shade (Wings Up) USA Shade System with Shade
Fabric, 10' Entry Height, Pier Mounted with Turn N Slide System.
Coastal Primer w/Powder Coating, Galvanized Cable, Recessed
Based Plate Anchor Bolts Included
Powder Coating and Shade Fabric Color to be Confirmed
$35,860.00 $35,860.00
USA Shade -
Fabric
1 21' Flower Shade USA Shade System with Shade Fabric, 12' Entry
Height, Pier Mounted with Turn N Slide System.
Coastal Primer w/Powder Coating, Galvanized Cable, Recessed
Based Plate Anchor Bolts Included
Powder Coating and Shade Fabric Color to be Confirmed
$27,860.00 $27,860.00
USA Shade
Drawings
Fabric
2 USA Shade Fabric Shelter Drawings
NOTE: Each Drawing and Stamp Revision will Incur a $1000 fee,
Drawing Total may Vary upon Customer Final Decision
$1,000.00 $2,000.00
Equipment Subtotal (less tax): $101,580.00
CONTRACT DISCOUNT
USA Shade KCDA - King County Directors Association Discount: BID #22-315 5% ($5,079.00)
FREIGHT
USA Shade Freight $11,425.00
89
Northwest Playground Equipment, Inc.
PO Box 2410, Issaquah, WA 98027-0109
Phone (425) 313-9161 FAX (425) 642-8117
Email: sales@nwplayground.com
Thank you for considering Northwest Playground Equipment, Inc for
your Park, Playground, Shelter and Sports Equipment requirements
Page 2 of 3
Equipment Total (less tax): $107,926.00
CERTIFIED INSTALLATION
Temporary
Fencing
1 Supply & Install Temporary Fencing for the Duration of the Project. $2,860.00 $2,860.00
Deluxe Install
Shade Or
Poligon
3 Installation of Footings and Assembly Shade Structure. Installation
includes Taking Delivery of Shade, Disposal of Packaging Debris,
Pouring Footings, and Assembling Shade.
Customer is Responsible for all Permits or Fees, as well as any
Inspection Related Fees and Charges.
Quote doesn't include Site Prep.
Customer to Confirm Engineered Drawing Requirement
$9,750.00 $29,250.00
Prevailing Wage Installation Total: $32,110.00
Performance Bond (If Required): 3.0%
Credit Card Fee (If Required): 3.5%
Location Code: Resale Certificate Required for Tax Exemption: Tax: 10.20% $14,283.67
ORDER TOTAL: $154,319.67
Acceptance of Proposal:
(Please be sure you have read, signed, initialed and understand the Terms and Conditions on the next page of this Quote)
The items, prices and conditions listed herein are satisfactory and are hereby accepted.
Doug Nelson
Sales Rep Customer Signature Date
90
Northwest Playground Equipment, Inc.
PO Box 2410, Issaquah, WA 98027-0109
Phone (425) 313-9161 FAX (425) 642-8117
Email: sales@nwplayground.com
Thank you for considering Northwest Playground Equipment, Inc for
your Park, Playground, Shelter and Sports Equipment requirements
Page 3 of 3
Project Name: Tukwila Splash Shade Quote # AM-6242025-00010063
TERMS AND CONDITIONS
QUOTE CONDITIONS AND ACCEPTANCE:
This quote is only valid for 10 days.
Orders placed or requested for delivery after 10 days are subject to Steel and Material price increases and Surcharges.
***________(Pls Initial) It is the Buyer's responsibility to verify quantities and description of items quoted.
Once your order has been placed, any changes including additions, deletions or color changes, will delay your shipment.
EXCLUSIONS: Unless specified, this quote specifically excludes all of the following:
Required Permits; Davis Bacon, Certified Payroll or Prevailing Wage fees
Performance/Payment Bonds
Site work and landscaping
Removal of existing equipment
Unloading; Receiving of inventory or equipment; Storage of equipment
Equipment assembly and/or installation
Safety surfacing; Borders or drainage requirements
Landscaping Repairs DUE to poor access or in climatic weather
FREIGHT AND DELIVERY:
Shipping is FOB Origin. A 24-hr Call Ahead is available at additional cost.
Delivery is currently 5+ weeks after order submittal. Unless otherwise noted, all equipment is delivered unassembled.
***________(Pls Initial)Buyer is responsible to meet and provide a minimum of 2 ADULTS to unload truck
A Check List, detailing all items shipped, will be mailed to you and a copy will be included with the shipment.
Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List.
***________(Pls Initial)Shortages or damages must be noted on the driver's delivery receipt. Shortages or damages not noted become
the buyers financial responsibility.
Damaged Freight must be refused. Please notify Northwest Playground Equipment immediately of any damages.
Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery.
A reconsignment fee will be charged for any changes made to delivery address after order has been placed.
TAXES:
All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reseller Permit is on file at the time the order
is placed.
PAYMENT TERMS: An approved Credit Application is required for new customers. 50% down payment is due at time of order with balance due
upon delivery, unless other credit terms have been approved. Interest may be charged on past due
balances at an annual rate of 18%. A 3.5% charge will be added to all credit card orders.
RESTOCKING: Items canceled, returned or refused will be subject to a minimum 25% restocking fee. All return freight
charges are the responsibility of the Buyer.
MAINTENANCE/WARRANTY:
Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only; labor is not
included. Northwest Playground Equipment offers no additional warranties.
Maintenance of the equipment and safety surfacing is the responsibility of the customer.
Any unauthorized alterations or modifications to the equipment (including layout) will void your warranty.
INSTALLATION: (if applicable)
A private locate service for underground utilities must be completed before your scheduled installation.
Site must be level and free of loose debris (this includes ground cover/chips).
A minimum 6 foot opening with good access must be available to the site for delivery trucks and tractor.
An onsite dumpster must be provided for disposal of packaging materials.
Arrangements must be made in advance for the disposal of dirt/rocks from within the installation area.
Arrangements must be made in advance for the removal/disposal of existing equipment.
Additional charges may apply if large rocks or concrete are found beneath the surface.
Access to power and water must be available.
Site supervision is quoted in 8-hour days.
Acceptance of Terms & Conditions:
Acceptance of this proposal, made by an authorized agent of your company, indicates agreement to the above terms and conditions.
Doug Nelson
Sales Rep Customer Signature Date
91
Approved By :Checked By :Drawn By :REVDESCRIPTIONDRW CHK ENGDATEREV.DWG.DRAWING DESCRIPTION:CUSTOMER:PROJECT NAME:LOCATION:STRUCTURE TYPE:SIZE:PAGEIAS CERTIFICATION No: FA-428CLARK COUNTY MANUFACTURERCERTIFICATION NUMBER (NEVADA): 355CERTIFICATIONS:THESE PLANS AND SPECIFICATIONS ARE THE PROPERTY OFUSA SHADE AND FABRIC STRUCTURESAND SHALL NOT BE REPRODUCED WITHOUT THEIR WRITTEN PERMISSION.&25325$7(+($'48$57(56'):,17(51$7,21$/&200(5&(3$5.(67(56%/9'68,7('):$,532577; VERSION 104-FLAT.2104-FLAT.21BUTTERFLYWINGS FLATAZRAZRPLAN VIEWSIDE ELEVATIONFRONT ELEVATIONPERSPECTIVE VIEWFINISHEDSURFACEFINISHEDSURFACE104-FLAT.2 BUTTERFLY FLATNOTES:-THESE DRAWINGS ARE NOT FOR CONSTRUCTION, THEY ARE A PICTORIAL REPRESENTATION OF FABRIC AND STEEL ONLY.NONE OF THE REQUIRED ATTACHMENT OR CONNECTION DETAILS HAVE BEEN DEPICTED.-ALL DIMENSIONS AND HEIGHTS MUST BE FIELD VERIFIED PRIOR TO ANY FINAL DESIGN, FABRICATION OR INSTALLATION WORK.24X2424' L24' W10' ENTRY10' ENTRY NAHTUKWILA SPLASH PADTUKWILA, WAShade Structure: BUTTERFLY - FLAT Fabric Roof Color: TBD ; Powdercoat Steel Color: TBD ; As manufactured by: USA SHADE & Fabric Structures NORTHWEST PLAYGROUNDEQUIPMENT92
Approved By :Checked By :Drawn By :REVDESCRIPTIONDRW CHK ENGDATEREV.DWG.DRAWING DESCRIPTION:CUSTOMER:PROJECT NAME:LOCATION:STRUCTURE TYPE:SIZE:PAGEIAS CERTIFICATION No: FA-428CLARK COUNTY MANUFACTURERCERTIFICATION NUMBER (NEVADA): 355CERTIFICATIONS:THESE PLANS AND SPECIFICATIONS ARE THE PROPERTY OFUSA SHADE AND FABRIC STRUCTURESAND SHALL NOT BE REPRODUCED WITHOUT THEIR WRITTEN PERMISSION.VERSION 106.1106.11FLOWERPETALS FLATAZRAZRPLAN VIEWSIDE ELEVATIONFRONT ELEVATIONPERSPECTIVE VIEWFINISHEDSURFACEFINISHEDSURFACE106.1 FLOWER PETALS FLATNOTES:-THESE DRAWINGS ARE NOT FOR CONSTRUCTION, THEY ARE A PICTORIAL REPRESENTATION OF FABRIC AND STEEL ONLY.NONE OF THE REQUIRED ATTACHMENT OR CONNECTION DETAILS HAVE BEEN DEPICTED.-ALL DIMENSIONS AND HEIGHTS MUST BE FIELD VERIFIED PRIOR TO ANY FINAL DESIGN, FABRICATION OR INSTALLATION WORK.21' X 22' X 12'EShade Structure: FLOWER, PETALS FLAT DESIGN Fabric Roof Color: TBD ; Powdercoat Steel Color: TBD ; As manufactured by: USA SHADE & Fabric Structures 93
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
July 14, 2025– 5:30 p.m. – Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Dennis Martinez, Chair; Armen Papyan
Staff Present: Pete Mayer, David Rosen, Kris Kelly, Eric Lund, Eric Drever, Jefri Peters, Matthew Austin
Chair Martinez called the meeting to order at 5:30 p.m.
I.BUSINESS AGENDA
A.Contract: Hazelnut Park Climbing Boulder
This item is being postponed pending further Park Commission review. Chair Martinez
referenced the public comment letter from the Historical Society in opposition to the
structure.
B.Contract: Tukwila Community Center Riverside Campus Sun Shade
Staff is seeking approval of a contract with Northwest Playground Equipment Inc. for
installation of multiple sunshade structures at the Tukwila Community Center Splash Pad in
the amount of $154,319.67.
Item(s) for follow-up:
•Include information about sunshade longevity/lifespan
•Explore feasibility and cost of postponing construction until 2025
Committee Recommendation:
Majority approval. Forward to July 21, 2025 Regular Consent Agenda
C.Police Department 2nd Quarter Report
Staff presented the report.
Committee Recommendation:
Discussion only.
D.Parks and Recreation Mid-Year Report
Staff presented the report.
Item(s) for follow-up:
•Provide the weekly numbers of senior adults participating in trips, tours and social events
pre-Covid.
•Provide number of “survival rings” deployed for ivy removal around trees in parks
•Provide information on Tukwila’s proportionate share of King County Parks Levy
Committee Recommendation:
Discussion only.
II.MISCELLANEOUS
The meeting adjourned at 6:26 p.m.
Committee Chair Approval
94
ITEM INFORMATION
STAFF SPONSOR: TONY CULLERTON ORIGINAL AGENDA DATE: 6/23/25
AGENDA ITEM TITLE Resolutions to Update the Debt Policy and Investment Policy
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/14 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY Finance is recommending the repeal and replacement of the City’s current Investment and
Debt Policies. The updated policies reflect best practices by better aligning with industry
standards, expanding on roles and responsibilities, and supporting the City’s broader
financial strategy, including capital planning and passive revenue development.
REVIEWED BY Community Svcs/Safety Finance & Governance Planning & Community Dev.
Arts Comm. Parks Comm. Planning Comm.
Trans&Infrastructure Svcs
LTAC
DATE: 6/23/25 COMMITTEE CHAIR: ARMEN PAPYAN
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance Department/Tony Cullerton
COMMITTEE Unanimous Approval; Forward to the 7/14/25 Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
7/14/25
MTG. DATE ATTACHMENTS
7/14/25 Staff Informational Memo Dated 6/23/25
Draft Resolution for Debt Policy
Draft Resolution for Investment Policy
7/21/25
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
7/14/25 TC
Minutes from 6/23/25 Finance and Governance Committee Meeting
7/21/25
Mtg Date 7/21 Mtg Date 7/21
5.G.
Final Resolution for Debt Policy
Final Resolution for Investment Policy
Forward to next Regular Meeting consent agenda
95
Legislation: Debt Policy Page 1 of 2
Version: 6/16/2025
Staff: T. Cullerton
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A DEBT POLICY;
AND REPEALING RESOLUTION NO. 1840
WHEREAS, on September 2, 2014, the City Council adopted Resolution No. 1840
adopting a debt policy; and
WHEREAS, a debt policy and appropriate management of debt issued by the City is
an important factor in measuring the City’s financial performance and condition; and
WHEREAS, the proper management of borrowing can yield significant advantages;
and
WHEREAS, debt issuance planning with the City’s Capital Improvement Program
(CIP), will ensure alignment between financing strategies and long-term capital priorities;
and
WHEREAS, the use of long-term debt for operating or maintenance costs, except in
declared emergencies authorized by the City Council, promotes fiscal discipline and
responsible debt management; and
WHEREAS, clear delineation of the roles and responsibilities of the City Council and
Finance Director, including authority over interfund loans, delegation of bond issuance
approvals, and oversight of post-issuance compliance activities, will ensure appropriate
checks and balances; and
WHEREAS, expanding the range of eligible financing tools and debt instruments,
including interfund loans, state and federal loan programs, and other legal financing
contracts, provides the City with greater flexibility and cost-effective funding options; and
WHEREAS, enhancing compliance with federal and state laws by establishing
comprehensive procedures for continuing disclosure, arbitrage rebate monitoring, and
96
Legislation: Debt Policy Page 2 of 2
Version: 6/16/2025
Staff: T. Cullerton
post-issuance compliance with IRS and SEC regulations, thereby safeguard s the City's
credit standing and legal obligations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Repealer. Resolution No. 1840 is hereby repealed.
Section 2. Findings Incorporated and Adoption. The above “whereas” recitals are
adopted as findings in support of this resolution, and the City of Tukwila Debt Policy
attached hereto as Exhibit A is adopted.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of _________________, 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment: Exhibit A – City of Tukwila Debt Policy - 2025
97
City of Tukwila Debt Policy Page 1 of 10
CITY OF TUKWILA
DEBT POLICY
ADOPTED [DATE]
98
City of Tukwila Debt Policy Page 2 of 10
TABLE OF CONTENTS
SECTION I. INTRODUCTION 3
SECTION II. GOVERNING PRINCIPLES 3
SECTION III. ROLES AND RESPONSIBILITIES 4
SECTION IV. PROFESSIONAL SERVICES 5
SECTION V. TRANSACTION-SPECIFIC POLICIES 6
SECTION VI. COMPLIANCE POLICIES 9
SECTION VII. OTHER POLICIES 10
99
City of Tukwila Debt Policy Page 3 of 10
Section I. Introduction
Purpose and Overview
The objective of this policy is to provide general guidance for the issuance and management of all City of
Tukwila (the City) debt. Further, this policy establishes criteria to protect the City’s financial integrity while
providing a mechanism to fund the City’s capital needs prudently and cost effectively. Adherence to this
policy is essential to ensure that the City Council (Council) maintains a debt position which allows the
Council to protect the City, its functionality, and the credit quality of its obligations.
The City’s Finance Department is charged with ensuring compliance with all debt policy requirements.
Capital Planning
The City shall integrate its debt issuance with its Capital Improvement Program (referred to herein as CIP
or Capital Facilities Plan) spending to ensure that planned financing conforms to policy targets regarding
the level and composition of outstanding debt. This planning considers the long-term horizon, paying
particular attention to financing priorities, capital outlays and competing projects.
Long-term borrowing shall be confined to the acquisition and/or construction of capital improvements
and shall not be used to fund operating or maintenance costs. The issuance of debt to fund operating
deficits is not permitted except in emergencies as adopted by formal action by the City Council. For all
capital projects under consideration, the City shall budget and set aside sufficient revenue from
operations to fund ongoing maintenance needs and to provide reserves for periodic replacement and
renewal. The source of funds for the project should reflect the intended use of bond financing.
Section II. Governing Principles
In the issuance and management of debt, the City shall comply with the State of Washington (State)
constitution and with all other legal requirements imposed by federal, State, and local rules and
regulations, as applicable. The following section highlights the legal framework for debt issuance.
Governing Law
State Statutes. The City issues debt in accordance with the Revised Code of Washington (RCW), in
particular chapters 39.36, 39.46, and 39.53, the State constitution along with all other City, State, and
federal laws, rules, and regulations.
Federal Rules and Regulations. The City shall issue and manage debt in accordance with the limitations
and constraints imposed by federal rules and regulations, including but not limited to, Internal Revenue
Code of 1986, as amended, and Treasury Department Regulations thereunder (Tax Law), and the
Securities Acts of 1933 and 1934 (Securities Law).
Local Rules and Regulations. The City shall issue and sell debt in accordance with the limitations and
constraints imposed by the Tukwila Municipal Code (TMC), including but not limited to Title 3 (Revenue
and Finance) and City ordinances, resolutions, policies, procedures, and bond covenants.
100
City of Tukwila Debt Policy Page 4 of 10
Legal Debt Limits for GO Debt
State law (RCW 39.36.020) allows for the issuance of general obligation (GO) debt, through a public vote,
of up to 7.5% of the City’s assessed property valuation. The limit of 7.5% of assessed valuation for GO
debt is divided between three different use types: 1) 2.5% for municipally owned water, sewer, or electric
facilities; 2) 2.5% for open space and parks; and 3) 2.5% for general government purposes. Within the
2.5% limit for general government purposes, State law allows the Council to issue debt without a vote of
the people. This non-voted debt (also called councilmanic debt) cannot be greater than 1.5% of the
assessed property valuation of the City.
Section III. Roles and Responsibilities
Responsibilities of City Council
• Approve this policy and any updates/changes to this policy to help ensure compliance with all
applicable rules and regulations for debt issuance.
• Approve projects to be financed as part of the City Capital Facilities Plan.
• Adopt an ordinance authorizing the issuance and sale of debt, and, as applicable, setting forth the
delegation requirements provided for in RCW 39.46.040 when appointing a designated
representative, the City Finance Director or their designee, to approve the final terms of the debt.
• Approve budgets sufficient to provide for the timely payment of principal and interest on all debt.
Responsibilities of the Finance Director
• Apply and promote prudent fiscal practices.
• Oversee any debt issuance including sale of bonds and review and approval of disclosure
documents.
• Approve the issuance of debt at the lowest acceptable cost and risk within the parameters
authorized by City Council in the bond ordinance.
• Provide for the timely payment of principal and interest payment on all debt and ensure the fiscal
agent receives funds for payment of debt service on or prior to the payment date.
• Ensure compliance with all Tax Laws, Securities Laws, contractual requirements, and other rules
and regulations governing the issuance of debt.
• Ensure compliance with all terms, conditions, post-issuance requirements, and Tax Law
requirements imposed by law and/or the legal documents governing the debt issued.
• Ensure any annual disclosure reports and notices regarding the occurrence of certain events are
timely posted to the EMMA (Electronic Municipal Market Access) system in accordance with
continuing disclosure undertakings of the City pursuant to Securities Law.
• Maintain records for all outstanding debt.
• Oversee all aspects of debt management.
• Solicit and select professional services providers as necessary, to administer debt financing.
• Consult with the City’s contracted municipal advisor to determine the method of sale best suited
for each issue of debt (competitive sale, negotiated sale, or bank/direct placement).
• Select the manner of sale of debt.
• Monitor opportunities to refund debt and recommend such refunding as appropriate.
101
City of Tukwila Debt Policy Page 5 of 10
• Provide pertinent information to credit rating agencies when issuing debt and as routine credit
reviews occur.
IV. Professional Services
The City’s Finance Director will be responsible for the solicitation and selection of professional services as
necessary to administer the City’s debt program. Professional service providers necessary to issue debt
may include, but are not limited to bond counsel, disclosure counsel (which may be bond counsel),
municipal advisor, underwriters, banks, rating agencies, and fiscal agent. Selection of the service providers
will consider availability, professional knowledge, accountability, cost, as well as successful partnerships
in previous debt issuances. The City will issue debt considering cost and associated risk.
Professional Service Providers
Bond Counsel – Debt issued by the City will generally include a written opinion by bond counsel affirming
that the City is legally authorized to issue the proposed debt. The opinion shall provide that the obligation
is legal, valid and binding, and enforceable against the City. In the case of tax exempt financing, the legal
opinion will address the treatment of interest for purposes of Tax Law.
Municipal Advisor – A Municipal Advisor may be used to assist in the issuance of the City’s debt. The
Municipal Advisor will provide the City with objective advice and analysis on debt issuance. This includes,
but is not limited to, coordinating of finance team, monitoring of market opportunities, structuring and
pricing of debt, competitive sale execution, and reviewing the preliminary and final official statements.
Disclosure Counsel - The Disclosure Counsel (which may be bond counsel) plays a critical role in ensuring
that the City's preliminary and final official statements comply with Securities Laws and disclosure
requirements. Disclosure Counsel provides legal guidance on the accuracy, completeness, and
transparency of the information presented to investors, helping to mitigate the risk of material
misstatements or omissions. Working closely with the City's finance team, bond counsel, and municipal
advisor, Disclosure Counsel reviews financial and operational disclosures, drafts legal sections of the
official statements, and provides legal advice in connection with the City’s obligations under SEC Rule
15c2-12 and other applicable regulations. Their expertise helps protect the City from potential legal and
regulatory risks while maintaining investor confidence in the bond issuance process.
Underwriters – An Underwriter will be selected in advance for all debt issued in a negotiated sale method.
The Underwriter is responsible for purchasing debt and reselling the debt to investors.
Arbitrage Rebate Consultant – As necessary, the City may engage with an arbitrage rebate consultant to
ensure the City is compliant with Tax Law on tax-exempt bonds by calculating potential arbitrage rebate
liabilities. The consultant will analyze investment earnings, determine rebate amounts owed under IRS
Code 148(f), and assist with documentation, deadlines, and best practices to minimize exposure and avoid
penalties.
102
City of Tukwila Debt Policy Page 6 of 10
Fiscal Agent – A fiscal agent may be used to provide accurate and timely securities processing and payment
to bondholders. As provided under RCW 43.80, the City will work with the Fiscal Agent that is determined
by the State.
Section V. Transaction-Specific Policies
For any City project planned to be funded through debt, an analysis will be done to consider: (a) other
potential ways to finance the project; (b) future operating and maintenance costs, including debt
repayment; (c) expected cash inflows that could help offset the amount borrowed; and (d) anticipated
cash outflows for construction or equipment to ensure compliance with arbitrage rules.
Method of Sale
The Finance Director, in consultation with the City’s municipal advisor, will determine the method of sale
best suited for each issue of debt (competitive sale, negotiated sale, or bank/direct placement). The type
of debt to be issued and manners of the sale will be submitted to the City Council for approval in the bond
ordinance. The bond ordinance will authorize the issuance and sale of debt, and, as applicable, set forth
the delegation requirements provided for in RCW 39.46.040 when appointing a designated
representative, the City Finance Director or their designee, to approve the final terms of the debt.
Bond Insurance
For each issue, the City, in conjunction with its municipal advisor, will evaluate the costs and benefits of
bond insurance or other credit enhancements. Any credit enhancement purchases by the City must be
competitively procured in a manner deemed reasonable by the City Finance Director.
Bond Ballot Measures
Prior to any unlimited tax general obligation bond (described below) proposition being placed before the
voters, the capital project under consideration must, unless otherwise justified and have found to be in
the best interest of the City, have been included in the City’s Capital Facilities Plan. The source of funds
for the project should reflect the intended use of bond financing.
Investor and Rating Agency Relations
The City will maintain good communications with bond rating agencies and investors about its fiscal
condition. The City will provide full, accurate and complete disclosure on financial reports and in disclosure
documents to comply with the anti-fraud requirements of Securities Laws.
Short-term debt
The City may use short-term debt, defined as a period not to exceed three years, to fund cash flow needs,
which may be caused by a delay in receipting tax revenues or issuing long-term debt. The City will not
issue short-term debt for current operations, except in the event of an emergency.
The City may issue interfund loans rather than issuing outside debt to meet short-term cash flow needs.
The issuance of an interfund loan will be permissible only after an analysis of the loaning fund(s) indicate(s)
that excess funds are available, and the use of these funds will not impact the loaning fund(s) current
103
City of Tukwila Debt Policy Page 7 of 10
operations or constitute a permanent diversion of funds. All interfund borrowing will bear interest based
upon at least the prevailing LGIP (Local Government Investment Pool) rate.
Council authorizes the City’s Finance Director to approve short-term interfund loans for a period not to
exceed three calendar months and the City Administrator to approve short-term interfund loans for a
period not to exceed 12 calendar months. See long-term debt section below for policy on loans exceeding
12 calendar months. The Finance Director shall notify the Finance & Governance Committee and/or City
Council of any use of directorial or administrator approved interfund loans at the first reasonable
opportunity.
Interfund loans are not considered “debt” for purposes of State law, Securities Law, or Tax Law.
Long-term debt
The City will issue long-term debt, defined as a period greater than three years, for capital projects which
cannot reasonably be financed on a pay-as-you-go funding strategy from anticipated cash flows.
Acceptable uses of bond proceeds are one-time capital projects that can be capitalized and depreciated
in accordance with the City’s accounting principles. (Refunding debt is also an acceptable use. See
refunding debt section below.)
The City Council may issue long-term interfund loans rather than issuing outside debt instruments as a
means of financing capital improvements. The issuance of an interfund loan will be permissible only after
an analysis of the loaning fund(s) indicate that excess funds are available, and the use of these funds will
not impact the loaning fund(s) current operations or constitute a permanent diversion of funds. All
interfund borrowing will bear interest based upon at least the prevailing LGIP (Local Government
Investment Pool) rate.
The decision to use an interfund loan rather than outside debt to fund capital projects will be based on
which is deemed to be the most cost-effective approach to meet City capital needs. The City’s Finance
Department is responsible for making such an assessment. Interfund loans are not considered “debt” for
purposes of State law, Securities Law, or Tax Law.
The City will not issue long-term debt for current operational needs, except in the event of an emergency.
Types of long-term debt the City may issue:
Limited Tax General Obligation (LTGO) Bonds: LTGO debt is secured by a pledge of the full faith and credit
of the City and is payable from regular property taxes and other legally available funds. These bonds can
be issued without a vote of registered voters but are limited in that debt service payments must be paid
from legally available City revenue sources. The amount of LTGO outstanding debt cannot exceed the
threshold stated above.
Unlimited Tax General Obligation (UTGO) Bonds: UTGO debt is secured by a pledge of the full faith and
credit of the City and is payable from excess property taxes and other legally available funds. These bonds
can only be issued when authorized by a 60% majority vote of registered voters (meeting the minimum
voter turnout requirement). As part of the ballot proposition, voters will approve the issuance of the UTGO
debt and an excess property tax levy, as a completely new and dedicated source of revenue, to pay the
debt service. The amount of UTGO debt cannot exceed the thresholds stated above. Proceeds of UTGO
debt are limited to capital purposes only and not the replacement of equipment.
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Revenue Bonds: Revenue bonds are used to finance construction of and/or improvements to facilities of
enterprise systems operated by the City in accordance with the Capital Facilities Plan and are payable
from and secured by a pledge of revenue of the enterprise. No taxing power or general fund pledge is
provided as security, with the exception of double-barrel bonds. Double-barrel bonds are a type of
municipal bond that are backed by enterprise funds and the full faith and credit of the City. Unlike general
obligation bonds, revenue bonds are not subject to the City’s statutory debt limitation nor is voter
approval required. Revenue bonds may contain certain covenants and obligations of the City, including
but not limited to, future parity bond tests, annual debt service coverage requirements, restrictions on
disposal of the enterprise facility/utility, and other terms to protect the stream of revenue pledged to the
repayment of the revenue bonds.
Reserve accounts may be created on a transaction-by-transaction basis. Any reserve account created shall
be maintained and funded as required by bond ordinances and as deemed advisable by the City Council
or the designated representative on behalf of the City. The City shall structure any debt service reserve
fund to not violate the Tax Code.
The City will strive for annual revenue bond debt coverage of at least 1.5 times the annual debt service
paid in such year. Additional bonds issued may be subject to additional bonds tests as described in bond
ordinances.
Special Assessment Bonds: Also referred to as Local Improvement District (LID) bonds, this type of debt is
used to finance capital improvements that benefit property owners within the LID. LID debt is repaid from
annual assessments paid to the City by property owners within the LID. LIDs are formed by City Council
following the process outlined in State statutes and chapter 13.04 TMC. The cost is borne only by those
who receive a special benefit from the improvements. LID debt is not part of the debt capacity calculation.
Other Debt Instruments: Instruments such as Public Works Trust Fund loans or other financing contracts
issued through the State of Washington, federal grant loans, bond anticipation notes (BAN), tax
anticipation notes (TAN), bank loans, and/or other legal debt issues may be incurred as allowed by law.
Refunding Debt
Refunding debt may be issued by the City in accordance with chapter 39.53 RCW. Refunding debt is
typically issued to take advantage of lower interest rates for overall cost savings, restructure debt, or
modify bond covenants. Refunding bonds are an acceptable use of bond proceeds provided that, and
unless otherwise justified and found to be in the best interest of the City, a) the net present value (NPV)
of the overall savings (not by maturity) is at least 3% and b) the final maturity date of the obligation is not
extended.
Other Considerations
The following terms shall be applied to the City’s debt transactions, as appropriate. Individual terms may
change as dictated by the marketplace or the unique qualities of the transaction.
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• Maturity –The City shall issue debt with an average life less than or equal to the average life of
the assets being financed. Unless otherwise stated in law, the final maturity of the debt shall be
no longer than 40 years (RCW 39.46.110).
• Debt Service Structure – Unless otherwise justified, debt service should be structured on a level
basis (i.e., level annual payments). Refunding bonds should be structured to produce equal
savings by fiscal year. Unless otherwise justified, debt shall not have capitalized interest. If
appropriate, debt service reserve funds may be used for revenue bonds.
• Price Structure – The City’s long-term debt may include par, discount, and premium bonds. Call
Provisions – For each transaction, the City shall evaluate the costs and benefits of call provisions.
In general, the City shall opt for a call date no later than 10 ½ years from the date of the bonds.
• Tax-exemption – Unless otherwise justified and deemed necessary, the City shall issue its debt on
a tax-exempt basis.
• Reimbursement declaration – Must be made prior to bond issuance if the City intends to be
reimbursed out of tax exempt bond proceeds for capital costs paid prior to the closing date.
• The City will not use derivatives in connection with any new financings.
• The City will not become obligated for any new City debt or otherwise be involved in any new
financing that would include a variable rate of interest or variable debt service (excluding of any
additional rent payable under a financing lease or other obligation for ongoing transaction fees).
Section VI. Compliance Policies
The City will comply with all federal, State, contractual restrictions and City policies regarding the
investment of bond proceeds and associated funds subject to debt-related investment limitations. Such
requirements may include restrictions on the type of securities allowed the yield on such securities, and
the length of time that such proceeds and funds may be invested.
For refunding escrows, the City may invest funds in State and Local Government Series (SLGS) securities
issued by the U.S. Treasury, or, after satisfying requirements of Tax Law and if determined advisable after
consultation with the City’s municipal advisor and bond counsel, in open-market securities as permitted
under State law and relevant bond covenants.
The City will maintain a system for tracking bond proceeds, including how proceeds are invested, when
they are spent, and for what purpose. Bond proceeds shall, unless otherwise permitted, be tracked
separately from other City funds and on an issue by issue basis.
The City shall maintain records related to the bonds for the life of the bonds (plus any refunding bonds)
plus three years.
The City will, unless otherwise permitted, spend at least 85% of tax-exempt bond proceeds within three
years from the date of issuance pursuant to Tax Law, and take such steps as necessary to avoid or manage
arbitrage. The City will maintain a system of recordkeeping and reporting to meet the arbitrage rebate
compliance requirement of the IRS (Internal Revenue Service, IRC 148) regulation. For each bond issue,
the recordkeeping will include tracking the yield and investment earnings on bond proceeds, calculating
rebate payments, and remitting any rebate earnings to the federal government in a timely manner to
preserve the tax-exempt status of the outstanding debt obligation. Any bond proceeds invested will
comply with the City’s investment policy and strategies, unless further restricted by bond covenant. The
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City may, when determined to be in the best interest of the City or required, contract with an arbitrage
rebate consultant to assist with the arbitrage rebate calculation.
The City will repay principal plus interest in accordance with the payment terms of the bond or contract.
Furthermore, the City will comply with all bond or contract covenants. This includes, but is not limited to,
any undertakings to provide ongoing disclosure and notice of certain listed events under Securities Laws.
Annual disclosure will take the form of the City’s audited annual financial statements as well as other
information required by the bond or contract that is not reasonably contained in the annual report. The
City Finance Director will develop and comply with all post-issuance compliance policies and procedures
related to Tax Law and policies and procedures relating to initial and ongoing disclosure under Securities
Laws.
The Finance Director and bond counsel will coordinate their activities and review all debt issuance to
ensure that all securities are issued in compliance with State and federal legal and regulatory
requirements by the State law, Tax Law, Securities Law, rules and regulations.
The Finance Director may institute procedures to implement this policy and other bond covenants and
provisions related to State law, Tax Law, Securities Law, rules and regulations applicable to the City’s debt.
No derivative products shall be used in connection with City debt.
Section VII. Other Policies
Periodic Review
This debt policy must be adopted by Council. The policy will be reviewed at least every four years by the
Finance Department and modifications must be submitted to and approved by the Council.
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Legislation: Investment Policy Page 1 of 2
Version: 6/16/2025
Staff: T. Cullerton
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING AN INVESTMENT
POLICY; AND REPEALING RESOLUTION NO. 2034
WHEREAS, the investment of public funds must comply with all applicable state and
local requirements; and
WHEREAS, a comprehensive investment policy ensures that public funds are
invested in a manner that will provide maximum security with the highest investment
return while meeting daily cash flow demands; and
WHEREAS, on December 6, 2021, the City Council adopted Resolution No. 2034
adopting an investment policy; and
WHEREAS, the City Council desires to strengthen and align the policy with prudent
and contemporary financial investment practices; and
WHEREAS, the City Council desires to implement an Environmental, Social, and
Governance (ESG) investment strategy utilizing ethical investing as a guiding principle;
and
WHEREAS, the City Council desires to incorporate climate change as a factor in
investment risk and strategy, aligning with broader sustainability goals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Repealer. Resolution No. 2034 is hereby repealed.
Section 2. Findings Incorporated and Adoption. The above “whereas” recitals are
adopted as findings in support of this resolution, and the City of Tukwila Investment Policy
attached hereto as Exhibit A is adopted.
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Legislation: Investment Policy Page 2 of 2
Version: 6/16/2025
Staff: T. Cullerton
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of _________________, 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment: Exhibit A – City of Tukwila Investment Policy - 2025
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City of Tukwila
Investment Policy
2025
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City of Tukwila Investment Policy 2025 Page 2 of 18
Table of Contents
1. Introduction .......................................................................................................................... 3
2. Governing Authority ............................................................................................................. 3
3. Policy Statement .................................................................................................................. 3
4. Scope .................................................................................................................................... 3
5. Objectives ............................................................................................................................ 3
A. Safety ............................................................................................................................. 4
B. Liquidity .......................................................................................................................... 4
C. Return on Investment ..................................................................................................... 5
6. Standards of Care ................................................................................................................ 5
A. Delegation of Authority and Responsibilities ................................................................... 5
B. Prudence ........................................................................................................................ 6
C. Ethics and Conflicts of Interest ....................................................................................... 6
7. Safekeeping, Custody and Controls ..................................................................................... 6
A. Delivery vs. Payment ...................................................................................................... 6
B. Third-Party Safekeeping ................................................................................................. 7
8. Authorized Financial Dealers ............................................................................................... 8
A. Broker/Dealers ............................................................................................................... 8
B. Investment Advisors ....................................................................................................... 8
C. Depositories ................................................................................................................... 9
D. Competitive Transactions ............................................................................................... 9
9. Authorized and Suitable Investments ................................................................................... 9
A. Authorized Investments .................................................................................................. 9
B. Suitable Investments .....................................................................................................10
C. Bank Collateralization ....................................................................................................11
D. Prohibited Investments ..................................................................................................11
10. Investment Parameters .....................................................................................................12
A. Diversification ................................................................................................................12
B. Investment Maturity .......................................................................................................12
C. Strategic Philosophy ......................................................................................................13
11. Reporting Requirements ...................................................................................................14
12. Policy Adoption .................................................................................................................15
Glossary of Terms .....................................................................................................................16
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1. Introduction
This Investment Policy defines the parameters within which funds are to be invested by the City
of Tukwila (“City”). This policy also formalizes the framework of the City’s Policy and Procedures
to provide the authority and constraints for the City to maintain an effective and judicious
management of funds within the scope of this policy.
These policies are intended to be broad enough to allow the Finance Director or authorized
designee to function properly within the parameters of responsibility and authority, yet specific
enough to adequately safeguard the investment assets.
2. Governing Authority
The City of Tukwila’s investment authority is derived from RCW 35A.40.050 and 35.39.032. The
investment program shall be operated in conformance with Washington Revised Statutes and
applicable Federal Law. All funds within the scope of this policy are subject to regulations
established by the State of Washington.
3. Policy Statement
This policy establishes standards and guidelines for the direction, management and oversight for
all of the City of Tukwila’s investable cash and funds. Funds must be invested prudently to assure
preservation of principal, provide needed liquidity for daily cash requirements, and provide a
market rate of return. All investments must conform to federal, state, and local statutes governing
the investment of public funds.
4. Scope
This policy applies to activities of the City of Tukwila with regard to investing the financial assets
of the City. The City commingles its funds to maximize investment earnings and to increase
efficiencies with regard to investment pricing, safekeeping, and administration. Investment
income will be allocated to the various funds based on their respective participation and in
accordance with generally accepted accounting principles (GAAP). Principal and interest is
apportioned for the benefit of the various participating funds or for the benefit of the general fund.
(RCW 35.39.034) The city maintains the right to separate certain funds and exclude them from
the scope of this policy. Should bond covenants be more restrictive than this policy, funds shall
be invested in full compliance with those restrictions.
5. Objectives
All funds will be invested in a manner that is in conformance with federal, state and other legal
requirements. In addition, the objectives, in order of priority, of the investment activities will be as
follows:
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A.Safety
Safety of principal is the primary objective of the City. To mitigate credit and interest rate
risk, investment decisions shall be undertaken in a manner that seeks to ensure
preservation of capital in the overall portfolio. To obtain this objective, the following steps
will be taken:
i.Credit risk. This is the risk of loss due to the financial failure of the security issuer or
backer. The city will minimize credit risk by:
1.Limiting exposure to poor credits and concentrating the investments in the
safest types of securities.
2.Diversifying the investment portfolio so that potential losses on individual
securities will be minimized; and
3.Actively monitoring the investment portfolio holdings for rating changes,
changing economic market conditions, etc.
4.Credit rating downgrade. If the credit rating of a security is subsequently
downgraded below the minimum rating level for a new investment of that
security, the Finance Director shall evaluate the downgrade on a case-by-case
basis in order to determine if the security should be held or sold after further
analysis of the credit rating on an ongoing basis. The Finance Director will
apply the general objectives of safety, liquidity, and return to make the decision.
ii.Interest rate risk. This is the risk that the market value of securities in the portfolio will
fall due to increases in general interest rates. The city will mitigate the interest rate risk
by:
1.Structuring the investment portfolio so that securities mature to meet cash
requirements, when known, for ongoing operations, thereby avoiding the need
to sell securities on the open market prior to maturity;
2.Investing liquidity funds primarily in short-term instruments (i.e., investments
maturing in less than one year); and
3.Investing excess liquidity funds in a manner that is consistent with the
established risk/return objectives of this policy within the stated maximum
weighted average maturity constraint.
B.Liquidity
The investment portfolio will be structured to meet all expected obligations in a timely
manner, to avoid premature sale of an investment at a loss of principal. The investment
portfolio will provide liquidity sufficient to enable the City to meet all cash requirements
that might reasonably be anticipated. This will be accomplished by either maintaining a
portion of the portfolio in investment vehicles offering daily liquidity at face value, such as
the Washington State Local Government Investment Pool (LGIP) or structuring the
portfolio so that securities mature concurrently with cash needs to meet anticipated
demands. Because all possible cash demands cannot be anticipated, the portfolio should
consist largely of securities with active secondary or resale markets.
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C. Return on Investment
The investment portfolio will be structured with the objective of attaining a market rate of
return throughout economic cycles, commensurate with the investment risk parameters
and the cash flow characteristics of the portfolio.
D. Legality
The investment portfolio will be invested in a manner that meets RCW statutes and all
legal requirements of the City.
6. Standards of Care
A. Delegation of Authority and Responsibilities
i. Governing Body
The City Council, as the governing body of the City, will retain ultimate fiduciary
responsibility for the portfolio. The Council will designate an investment officer to
manage the investment program in accordance with RCW sections 35A.40.050,
35.39.032, 36.29.020 and City policy and will review and adopt any changes to the
investment policy.
ii. Delegation of Authority
The City Council designates the City’s Finance Director, or their designee, as the
Investment Officer of the City. No person may initiate investment transactions on
behalf of the Investment Officer without the express written consent of the Investment
Officer. Both the City and the investment advisor shall maintain record of individuals
granted consent to initiate transactions by the Investment Officer.
iii. Training: Such procedures shall include explicit delegation of authority to persons
responsible for investment transactions to provide adequate redundancy by properly
trained and informed staff. All staff engaging in investment transactions shall attend
public investment training. Staff shall not engage in any allowable investment
transaction for which they cannot articulate a rationale for having done so.
iv. Finance Committee:
The Finance & Governance Committee shall meet at least annually to receive a report
on investment performance and investment compliance.
v. Registered Investment Advisor
The City may engage the services of an external registered investment adviser to
assist with the management of the City’s investment portfolio in a manner that is
consistent with the City’s objectives and this policy. Such advisers shall provide
recommendation and advice regarding the City investment program including but not
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limited to advice related to the purchase and sale of investments in accordance with
this Investment Policy. Such advisers must be registered under the Investment
Advisers Act of 1940.
B.Prudence
The standard of prudence to be used by the Finance Director or any designees in the
context of managing the overall portfolio is the prudent person rule enacted by State
Statute (RCW 11.100.020) which states:
Investments will be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs not in regard to speculation but in regard to the
permanent disposition of the funds considering the probable income as well as the
probable safety of the capital.
The Finance Director and authorized investment officers and employees who act in
accordance with the Finance Director’s written procedures and the City’s Investment
Policy, and who exercise due diligence, shall be relieved of personal responsibility for the
credit risk or market price change of an investment, provided deviations from expectations
are reported in a timely fashion and appropriate action is taken to control adverse
developments.
C.Ethics and Conflicts of Interest
Officers and designated employees involved in the investment process shall refrain from
personal business activity that could conflict with the proper execution of the investment
program, or which could impair their ability to make impartial investment decisions.
Employees and investment officials shall disclose to the City Manager in writing any
material financial interests in financial institutions that conduct business within this
jurisdiction, and they shall further disclose any large personal financial/investment
positions that could be related to the performance of the City’s portfolio. Employees and
officers shall subordinate their personal investment transactions to those of the City of
Tukwila, particularly with regard to the time of purchases and sales.
Persons authorized to invest shall not accept gifts form the institutions with which the City
places investments. Occasional business meals are acceptable and must be reported to
the Finance Director and Finance Committee.
7.Safekeeping, Custody and Controls
A.Delivery vs. Payment
All trades of marketable securities will be executed (cleared and settled) on a delivery vs.
payment (DVP) basis to ensure that securities are deposited in the City’s safekeeping
institution prior to the release of funds.
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B. Third-Party Safekeeping
Prudent treasury management requires that all purchased securities be bought on a
delivery versus payment (DVP) basis and be held in safekeeping by the City, an
independent third-party financial institution, or the City’s designated depository.
The City’s Finance Director shall designate all safekeeping arrangements and an
agreement of the terms executed in writing. All securities will be receipted and recorded
based on the terms in the custodial contract. The third-party custodian shall be required
to provide a monthly statement to the City listing at a minimum each specific security, book
yield, description, maturity date, market value, par value, purchase date, and CUSIP
number. The City will have online access through the safekeeping bank for verification of
the account holdings and transactions.
All collateral securities pledged to the City for certificates of deposit or demand shall be
held in a segregated account at the issuing financial institution that is reporting to the
State’s Public Deposit Protection Commission (PDPC).
C. Performance Standards / Benchmark
The investment portfolio is expected to provide similar returns to the benchmark over
interest rate cycles but may underperform or outperform in certain periods. The City’s cash
management portfolio shall be managed using as comparison for market yield of [Name
a specific benchmark, i.e. 3-Year Constant Maturity US Treasury Index, 0-3 year Treasury
Index, etc.].
D. Downgraded Securities
The City may, from time to time, be invested in a security whose rating is downgraded. In
the event a rating drops below the minimum allowed by this policy, the Finance Director
will review and recommend an appropriate plan of action to the Council via the Finance
Committee. If the City utilizes an Investment Advisor, that Investment Advisor shall notify
the Finance Director and recommend a plan of action within one month. The City may
continue to hold a downgraded investment to maturity if a probable outcome is the
eventual realization of full value, rather than a realized loss if divested prior to maturity.
E. Internal Controls
The Finance Director is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the City are protected from loss, theft or
misuse. Specifics for the internal controls shall be documented in an investment
procedures manual.
The internal control structure shall be designed to provide reasonable assurance that
these objectives are met. The concept of reasonable assurance recognizes that the cost
of a control should not exceed the benefits likely to be derived and the valuation of costs
and benefits requires estimates and judgments by management. The internal controls
shall address the following points at a minimum:
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i. Control of collusion
ii. Separation of transaction authority from accounting and recordkeeping
iii. Custodial safekeeping
iv. Avoidance of physical delivery securities of marketable securities
v. Clear delegation of authority to subordinate staff members
vi. Written confirmation of transactions for investments and wire transfers
vii. Dual authorizations of wire transfers
viii. Staff training and
ix. Review, maintenance and monitoring of security procedures both manual and
automated.
F. External Controls
The Office of the State Auditor requires that in accordance with Revised Code of
Washington 43.09.260, the City must undergo annual financial examinations performed
by State Examiners. Investment management is to be included as part of the annual
independent audit to assure compliance with this investment policy.
8. Authorized Financial Dealers
A. Broker/Dealers
The Finance Director or designee shall maintain and review annually a list of all authorized
financial institutions and broker/dealers that are approved to transact with the City for
investment purposes. Any firm is eligible to make an application to the City. Additions
and deletions to the list will be made at the City’s discretion. All broker/dealers and
financial institutions who desire to do business with the City must supply the Finance
Director with the following:
i. Annual audited financial statements.
ii. Proof of FINRA (Financial Industry Regulatory Authority) certification.
iii. Proof of registration with the State of Washington.
iv. A completed Broker/Dealer questionnaire and a certification of having read the
City Investment Policy.
B. Investment Advisors
The City may contract with an external investment advisor to assist with the management
of the City’s investment portfolio in a manner that is consistent with the City’s objectives
and this policy. Advisors must be registered under the Investment Advisers Act of 1940
and must act in a non-discretionary capacity, requiring approval from the City prior to all
transactions.
The Finance Director or designee may utilize the investment advisor’s approved
broker/dealer list in lieu of the City’s own approved list. The advisor must submit the
approved list to the City annually and provide updates throughout the year as they occur.
The advisor must maintain documentation of appropriate license and professional
credentials of broker/dealers on the list. The annual investment advisor broker/dealer
review procedures include:
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i. FINRA Certification check
- Firm Profile
- Firm History
- Firm Operations
- Disclosures of Arbitration Awards, Disciplinary and Regulatory Events
- State Registration Verification
ii. Financial review of acceptable FINRA capital requirements or letter of credit for
clearing settlements.
The advisor may be authorized through the contracted agreement to open accounts on
behalf of the City with the broker/dealers on the approved broker/dealer list. The City will
receive documentation directly from the brokers for account verification and regulatory
requirements.
C. Depositories
The City will only place funds exceeding the current FDIC insurance limits with banks
who are currently participating in the Washington State PDPC program.
Compliance/listing with the PDPC will be verified by the Finance Director or designee
annually.
D. Competitive Transactions
Transactions must be executed on a competitive basis and documented, excluding
securities and interfund loans issued by the City of Tukwila. Competitive prices should be
provided from at least three separate brokers, financial institutions or through a national
electronic trading platform. If the purchased security is only offered by one broker, then
other securities with similar structure may be used for documentation purposes. If an
Advisor handles trade executions, then they must provide the competitive documentation
as requested.
9. Authorized and Suitable Investments
A. Authorized Investments
All investments of the City are limited by RCW, principally RCW 35A.40.050 and
39.59.020.
Additional Specifications:
• This policy recognizes S&P, Moody’s and Fitch as the major Nationally Recognized
Statistical Ratings Organizations (NRSRO).
• Minimum credit ratings and percentage limitations apply to the time of purchase.
• All securities must be purchased on the secondary market and may not be purchased
directly from the issuer.
• Securities rated in the broad single-A category with a negative outlook may not be
purchased. Portfolio holdings of corporate notes downgraded to below single A and
portfolio holdings of securities rated single A with their outlooks changed to negative
may continue to be held. No additional purchases are permitted.
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B.Suitable Investments
U. S Treasury Obligations: Direct obligations of the United States Treasury.
US Agency Obligations: US Government Agency Obligations and US Government
Sponsored Enterprises (GSEs) which may include, but are not limited to the following:
Federal Farm Credit Banks Funding Corporation (FFCB), Federal Home Loan Bank
(FHLB), Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage
Corporation (FHLMC), and Tennessee Valley Authority (TVA).
Supranational Bonds: United States dollar denominated bonds, notes or other
obligations that are issued or guaranteed by supranational institutions, provided, that at
the time of investment, the institution has the United States as its largest shareholder.
These include: International Bank for Reconstruction and Development (IBRD or World
Bank); the International Finance Corporation (IFC); the Asian Development Bank (ADB)
and the Inter-American Development Bank (IADB).
Municipal Debt Obligations: Bonds of the State of Washington, any local government in
the State of Washington, General Obligation bonds outside the State of Washington; at
the time of investment the bonds must have one of the three highest credit ratings of a
nationally recognized rating agency. Debt of the City of Tukwila is not required to be rated.
Corporate Notes: Unsecured debt obligations purchased in accordance with the
investment policies and procedures adopted by the State Investment Board. Corporate
notes must be rated at least weak single A (A-) or better by all the major rating agencies
that rate the note at the time of purchase for inclusion in the corporate note portfolio. The
maturity must not exceed 5.5 years and the maximum duration of the corporate note
portfolio cannot exceed 3 years. The percentage of corporate notes that may be
purchased from any single issuer rated AA- or better by all major rating agencies that rate
the note is 3% of the assets of the total portfolio. The percentage of corporate notes that
may be purchased from any single issuer rated in the broad single A (A-) category from
all the major rating agencies that rate the security is 2% of the total portfolio. The individual
country limit of non-U.S. and non-Canadian exposure is 2% of the total portfolio. The
exposure is determined by the country of domicile of the issuers of portfolio securities.
Commercial Paper: Commercial paper must be rated with the highest short-term credit
rating category of any two major Nationally Recognized Statistical Rating Organizations
(NRSROs) at the time of purchase. If the commercial paper is rated by more than two
major NRSROs, it must have the highest rating from all of them. Commercial paper
holdings may not have maturities exceeding 270 days. Any commercial paper purchased
with a maturity longer than 100 days must also have an underlying long-term credit rating
at the time of purchase in one of the three highest rating categories of an NRSRO. The
percentage of commercial paper that may be purchased from any one issuer is 3% of the
market value of the total portfolio. Issuer constraints will apply to the combined holdings
of corporate notes and commercial paper holdings.
Certificates of Deposit: Non-negotiable Certificates of Deposit of financial institutions
which are qualified public depositories as defined by RCW 39.58.010(2) and in
accordance with the restrictions therein.
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City of Tukwila Investment Policy 2025 Page 11 of 18
Bank Time Deposits and Savings Accounts: Deposits in PDPC approved banks.
Local Government Investment Pool: Investment Pool managed by the Washington
State Treasury Office.
C. Bank Collateralization
The PDPC makes and enforces regulations and administers a program to ensure public
funds deposited in banks and thrifts are protected if a financial institution becomes
insolvent. The PDPC approves which banks and thrifts can hold state and local
government deposits and monitors collateral pledged to secure uninsured public deposits.
Under the act, all public treasurers and other custodians of public funds are relieved of the
responsibility of executing tri-party agreements, reviewing pledged securities, and
authorizing additions, withdrawals, and exchanges of collateral.
D. Prohibited Investments
i. The City shall not lend securities nor directly participate in a securities lending or
reverse repurchase program.
ii. The City shall not invest in mortgage-backed securities.
iii. The City shall not invest in Equities
iv. The City shall not invest in Cryptocurrency
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City of Tukwila Investment Policy 2025 Page 12 of 18
10. Investment Parameters
A. Diversification
The City will diversify the investment of all funds by adhering to the constraints listed in
the following table. Investments in securities shall not exceed the following percentages
of the total portfolio at the time of purchase.
Total Portfolio Diversification Constraints
B. Investment Maturity
i. Liquidity Funds – Tier 1
Ratings, S&P,
Issue Type Maximum % Maximum % Moody's, or Maximum
Holdings per Issuer Equivalent Maturity
NR SRO
US Treasury Obligations 100%None N/A 10 years
US Agency Obligations 100%35%N/A 10 years
Supranational Agency Notes 10%5%AA-/Az3 10 years
Municipal Bonds (GO Outside WA 30%5%A-/A3 Short Term 10 years
City of Tukwila Debt Obligations 15%None N/A N/A
Corporate Notes 25%
3% for AA-
2% for A-,
AA+A-/A3 Short Term 5.5 year
Commercial Paper 25%3%
A1{1 Long Term A-
/A3 270 days
Bank Time Deposits/Savings 20%10%
Deposits in
PDPC approved
banks N/A
Certificates of Deposit 25%10%
Deposits in
PDPC approved
banks 5 years
State LGIP 100%None N/A N/a
Issuer constraints apply to the combined issues in corporate and commercial paper holdings.
Sort Term Ratings: Moody's - P1MIG1/VMIG1, S&P - A-1/SP-1, Fitch - F1
Note: Individual country limit of non-US/non-Canadian exposure is 2% of total portfolio
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City of Tukwila Investment Policy 2025 Page 13 of 18
Liquidity funds will be defined as those funds that are in the State LGIP City, bank
deposits, bank certificates of deposits or money market instruments and will be
available for immediate use.
ii.Investment Core Funds – Tier 2
Investment funds will be defined as the funds in excess of liquidity requirements and
invested in authorized investments and maturity structure listed below.
iii.Total Portfolio Maturity Constraints:
C.Strategic Philosophy
The primary investment philosophy of the City is to match investment maturities with
expected cash outflows. Securities shall generally be held until maturity, with the following
exceptions:
i.A security with a declining credit may be sold early to protect the principal value
of the portfolio.
ii.The portfolio duration or maturity buckets should be adjusted to better reflect
the structure of the underlying benchmark portfolio.
iii.A security exchange that would improve the quality, yield and target maturity
of the portfolio based on market conditions.
iv.A sell of a security to provide for unforeseen liquidity needs.
Maturity Constraints Minimum % of
Total Portfolio
Under 30 days 10%
Under 1 year 25%
Under 5 years 90%
Under 10 years 100%
Maturity Constraints Total Portfolio
Maximum
Weighted Average Maturity 2.0 years
Duration of Corporate Note Portfolio 3.0 years
Security Structure Constraint Maximum % of
Total Portfolio
Callable Agency Securities 25%
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City of Tukwila Investment Policy 2025 Page 14 of 18
11. Reporting Requirements
A. Reporting
The Finance Director or designee shall be responsible for investment reporting. At a
minimum, monthly reporting (RCW 35.39.032) shall be made available providing detailed
information on the investment portfolio.
Specific Requirements:
• Book Yield
• Holdings Report including mark to market and security description
• Transactions Report
• Weighted Average Maturity or Duration
B. Performance Standards/Evaluation
i. The portfolio shall be managed to obtain a fair rate of return and earnings rate that
incorporates the primary objectives of protecting the City’s capital and assuring
adequate liquidity to meet cash flow needs.
ii. The investment portfolio will be invested into a predetermined structure that will be
measured against a selected benchmark portfolio. The structure will be based upon a
chosen minimum and maximum duration (average maturity) and will have the objective
to achieve market rates of returns over long investment horizons. The purpose of a
benchmark is to appropriately manage the risk in the portfolio through interest rate
cycles. The investment portfolio is expected to provide similar returns to the
benchmark over interest rate cycles but may underperform or outperform in certain
periods. The portfolio will be positioned to first protect principal and then achieve
market rates of return. The benchmark used will be the US treasury 0–3-year index or
US treasury 0–5-year index and comparisons will be calculated monthly and reported
quarterly.
iii. The liquidity component yield will be compared quarterly to the LGIP average yield.
C. Compliance Report
A quarterly compliance report will be generated comparing the portfolio positions to this
investment policy.
The Investment Policy sets forth concentration constraints and minimum credit ratings for
each type of security. These limits apply to the initial purchase of a security and do not
automatically trigger the sale of a security as the portfolio value fluctuates or in the event
of credit rating downgrade. Due to fluctuations in the aggregate surplus funds balance,
maximum percentages for a particular issuer or investment type may be exceeded at a
point in time. Securities need not be liquidated to realign the portfolio; however,
consideration should be given to this matter when future purchases are made to ensure
that appropriate diversification is maintained.
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City of Tukwila Investment Policy 2025 Page 15 of 18
D. Accounting Method
The City shall comply with all required legal provisions and Generally Accepted
Accounting Principles (GAAP). The accounting principles are those contained in the
pronouncements of authoritative bodies including, but not necessarily limited to, the
Governmental Accounting Standards Board (GASB).
Pooling of Funds: Except for cash in certain restricted and special funds, the City will
consolidate balances from all funds to maximize investment earnings. Investment income
will be allocated to the various funds based on their respective participation in the
investment program and in accordance with generally accepted accounting principles.
12. Policy Adoption
The City’s Investment Policy shall be adopted by the City Council and reviewed by the Council
Finance Committed as needed but not less than every two years. This Policy has been adopted
by the City Council on ____________, 2025.
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City of Tukwila Investment Policy 2025 Page 16 of 18
Glossary of Terms
Agency Securities: Government sponsored enterprises of the US Government.
Bankers Acceptances: A time draft accepted (endorsed) by a bank or trust company. The
accepting institution guarantees payment of the bill, as well as the issuer. BAs are short-term
non-interest-bearing notes sold at a discount and redeemed by the accepting bank at maturity for
full face value.
Bond: An interest-bearing security issued by a corporation, government, governmental agency,
or other body. It is a form of debt with an interest rate, maturity, and face value, and specific
assets sometimes secure it. Most bonds have a maturity of greater than one year and generally
pay interest semiannually. See Debenture.
Broker: An intermediary who brings buyers and sellers together and handles their orders,
generally charging a commission for this service. In contrast to a principal or a dealer, the broker
does not own or take a position in securities.
Collateral: Securities or other property that a borrower pledges as security for the repayment of
a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
Commercial Paper: Short-term, unsecured, negotiable promissory notes issued by
corporations.
Current Maturity: The amount of time left until an obligation matures. For example, a one-year
bill issued nine months ago has a current maturity of three months.
CUSIP: A CUSIP number identifies securities. CUSIP stands for Committee on Uniform Security
Identification Procedures, which was established under the auspices of the American Bankers
Association to develop a uniform method of identifying municipal, U.S. government, and corporate
securities.
Dealer: An individual or firm that ordinarily acts as a principal in security transactions. Typically,
dealers buy for their own account and sell to a customer from their inventory. The dealer’s profit
is determined by the difference between the price paid and the price received.
Debenture: Unsecured debt backed only by the integrity of the borrower, not by collateral, and
documented by an agreement called an indenture.
Delivery: Either of two methods of delivering securities: delivery vs. payment and delivery vs.
receipt (also called “free”). Delivery vs. payment is delivery of securities with an exchange of
money for the securities.
Duration: A measure used to calculate the price sensitivity of a bond or portfolio of bonds to
changes in interest rates. This equals the sum of the present value of future cash flows.
Full Faith and Credit: Indicator that the unconditional guarantee of the United States government
backs the repayment of a debt.
General Obligation Bonds (GOs): Bonds secured by the pledge of the municipal issuer’s full
faith and credit, which usually includes unlimited taxing power.
Government Bonds: Securities issued by the federal government; they are obligations of the
U.S. Treasury; also known as “governments.”
Interest: Compensation paid or to be paid for the use of money. The rate of interest is generally
expressed as an annual percentage.
Investment Funds: Core funds are defined as operating fund balance, which exceeds the City’s
daily liquidity needs. Core funds are invested out the yield curve to diversify maturity structure in
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City of Tukwila Investment Policy 2025 Page 17 of 18
the overall portfolio. Having longer term investments in a portfolio will stabilize the overall portfolio
interest earnings over interest rate cycles.
Investment Securities: Securities purchased for an investment portfolio, as opposed to those
purchased for resale to customers.
Liquidity: The ease at which a security can be bought or sold (converted to cash) in the market.
A large number of buyers and sellers and a high volume of trading activity are important
components of liquidity.
Liquidity Component: A percentage of the total portfolio that is dedicated to providing liquidity
needs for the City.
LGIP: Local Government Investment Pool run by the State of Washington Treasurer’s office
established to help cities with short term investments.
Mark to Market: Adjustment of an account or portfolio to reflect actual market price rather than
book price, purchase price or some other valuation.
Municipals: Securities, usually bonds, issued by a state, its agencies, by cities or other municipal
entities. The interest on “munis” is usually exempt from federal income taxes and state and local
income taxes in the state of issuance. Municipal securities may or may not be backed by the
issuing agency’s taxation powers.
Par Value: The value of a security expressed as a specific dollar amount marked on the face of
the security or the amount of money due at maturity. Par value should not be confused with
market value.
Portfolio: A collection of securities held by an individual or institution.
Prudent Person Rule: A long-standing common-law rule that requires a trustee who is investing
for another to behave in the same way as a prudent individual of reasonable discretion and
intelligence who is seeking a reasonable income and preservation of capital.
Quotation or Quote: A bid to buy or the lowest offer to sell a security in any market at a particular
time.
Repurchase Agreement: Range in maturity from overnight to fixed time to open end. Repos
involve a simultaneous sale of securities by a bank or government securities dealer to an investor
with an agreement for the bank or government securities dealer to repurchase the securities at a
fixed date at a specified rate of interest.
Treasury Bill (T-Bill): An obligation of the U.S. government with a maturity of one year or less.
T-bills bear no interest but are sold at a discount.
Treasury Bonds and Notes: Obligations of the U.S. government that bear interest. Notes have
maturities of one to ten years; bonds have longer maturities.
Yield: The annual rate of return on an investment, expressed as a percentage of the investment.
Income yield is obtained by dividing the current dollar income by the current market price for the
security. Net yield, or yield to maturity, is the current income yield minus any premium above par
or plus any discount from par in the purchase price, with the adjustment spread over the period
from the date of purchase to the date of maturity of the bond.
Yield to Maturity: The average annual yield on a security, assuming it is held to maturity; equals
to the rate at which all principal and interest payments would be discounted to produce a present
value equal to the purchase price of the bond.
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City of Tukwila Investment Policy 2025 Page 18 of 18
Ratings Table – Long-Term Three Highest Rating Categories S&P Moody’s Fitch Definition
AAA Aaa AAA Highest credit quality
AA+, AA, AA- Aa1, Aa2, Aa3 AA+, AA, AA- Very high credit quality
A+, A, A- A1, A2, A3 A+, A, A- High credit quality
BBB+, BBB, BBB- Baa1, Baa2, Baa3 BBB+, BBB, BBB- Good credit quality
BB+, BB, BB- Ba1, Ba2, Ba3 BB+, BB, BB- Non-investment grade
Ratings Table – Short-Term Highest Rating Category S&P Moody’s Fitch Definition
A1+, A1 P1+, P1 F1+, F1 Highest credit quality
Municipal Commercial Paper
A-1, A-1+, SP-1+, SP-1 P1, MIG1, VMIG1 F1+, F1 Highest credit quality
127
128
ITEM INFORMATION
STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 7/21/25
AGENDA ITEM TITLE Acceptance of Commerce/Ecology Grant for Salmon Recovery through Local Planning
Project (and Critical Area Ordinance Development)
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/21/25 Mtg Date 7/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY Tukwila has been awarded a Salmon Recovery grant from Commerce and Ecology that
provides funding to update the City's Critical Areas Ordinance (CAO) which is required to
be adopted by 12/31/25 per GMA. The contract & scope are delayed by state; staff
requests that Council "greenlight" contract acceptance process: have PCD approve and
forward contract to Council on 7/21/25 and authorize Mayor to sign contract when it
arrives. Commerce requires use of their contract, and the scope will be similar to attached.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 7/14/25 COMMITTEE CHAIR: HEDRICK
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Majority Approval; Forward to Regular Meeting for consideration.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $
Fund Source: GRANT FUNDED
Comments: This scope is delayed with Commerce/Ecology; final scope and amount yet to be determined
MTG. DATE RECORD OF COUNCIL ACTION
7/21/25
MTG. DATE ATTACHMENTS
7/21/25 Informational Memorandum dated 7/14/25
Department of Commerce/Ecology Contract (not yet available)
Draft Scope of Work (being reviewed by state agencies)
Minutes from 7/14/25 Planning and Community Development Committee Meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
7/21/25 NE 6.A.
129
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Supervisor
CC: Mayor Thomas McLeod
DATE: July 14, 2025
SUBJECT: Acceptance of Commerce/Ecology Grant for Salmon Recovery through
Local Planning Project (and Critical Area Ordinance Development)
ISSUE
The Council is being asked to approve a grant agreement with the Washington Departments of
Commerce and Ecology.
BACKGROUND
The City has received a $_(to be determined in final grant agreement)_ grant from the
Washington Department of Commerce and the Environmental Protection Agency to complete
the several projects associated with the City’s Natural Environment. Critical among these tasks
is the update of the City’s Critical Areas Ordinance, which the Growth Management Act requires
be updated by 12/31/25. In addition, the project includes the acquisition of a Geographic
Information System (GIS) data set and implementation of it in a pilot project. This information
will allow the City to complete a greater level of analysis on the City’s tree canopy and land
cover conditions, and will provide insight into how well the critical area regulations and other city
standards are protecting the City’s natural habitats. it will also provide the opportunity to
understand how City regulatory and programmatic efforts could be modified to deliver greater
benefits to the entirety of the Tukwila community
The grant will enable the City to hire a consultant subject matter expert to provide input and
guidance on Best Available Science alternatives that will work best for the City.
The Washington State Growth Management Act (GMA) requires that cities periodically update
their Critical Areas Ordinances (CAOs), ensuring that they reflect the best available science
(BAS) and continue to protect critical areas. Areas managed by the CAO include wetlands,
aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas,
and geologically hazardous areas. GMA allowed jurisdictions who were required to complete
their Comprehensive Plans by 12/31/2024 (as Tukwila did) to defer completion of the CAO to
12/31/2025.
The grant intent requires that the project have salmon recovery benefits and be an
interdepartmental effort. The project will involve the Department of Community Development
primarily, in consultation with Public Works and Parks.
130
INFORMATIONAL MEMO
Page 2
DISCUSSION
Objectives of the grant align with numerous City Goals around tree canopy, climate change,
ensuring clean water, healthy habitats, overall environmental protection and providing a healthy
environment for the community.
Accepting this grant will enable the City to hire an environmental consultant. The Consultant will
coordinate with the City to update the mandatory CAO, which will maintain the City’s compliance
with state law and eligibility for some state grants. The project will also provide data analysis,
alternatives and options development, and recommendations that will benefit the Community
and its natural resources.
FINANCIAL IMPACT
There is no match required for this grant. Funds will be reimbursed from the Department of
Commerce upon completion of deliverables.
RECOMMENDATION
It is expected that Commerce and Ecology will take potentially more than a month to complete
finalization of the grant agreement before sending it to the City for signature. Because of the
limited timeline to develop the Critical Area Ordinance (with adoption targeted by early
December 2025), we are asking that the PCD forward a request to the 7/21 Council meeting for
the Council to approve the grant agreement and allow the Mayor to sign it upon receipt. This
grant agreement is entirely revenue backed by Commerce and Ecology funding.
An agreement associated with this request also being presented to Council is for a contract with
Facet Consulting. Facet has been identified as the firm to complete the grant project, as well as
continuing critical area permit review they have provided to the City under previous contracts.
All the work proposed in the Facet contract is also revenue-backed, by either grant or permit
fees.
ATTACHMENTS
A. Contract will be provided by Commerce/Ecology in their format.
B. Scope of Work (DRAFT- to be approved by Commerce and Ecology)
131
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 1 of 10
PROJECT DESCRIPTION
Tukwila seeks to harness regulatory and programmatic opportunities to improve canopy coverage,
habitat, and environmental equity goals. Through this project, the City will adopt and implement new
Tukwila-supported Best Available Science and best practices in its critical areas regulations, informed by
novel uses of enhanced GIS data, and importantly, will be implemented by a well-informed community
coalition of decision makers, residents, and property owners.
The City proposes to use a creative process to define a multi-benefit approach to regulations and
programs that play a role in the complex housing, economic, equity and salmon recovery goals the City
has identified in its community plans. The outcome of this process will yield tools that ensure the City
and community partners are best situated to steward Tukwila’s natural environment, as well as protect
the greater natural resources of the Pacific Northwest.
The City aims to increase tree cover where it is needed most: in critical areas, over pavement and in
areas of inequitable scarcity. The project will address the role these key locations play in providing
significant benefits for salmon, people, climate and the environment, and will shape its regulations to
address tree equity, tree scarcity, and canopy coverage. Numerous City policies and the Comprehensive
Plan and Surface Water Plan goals, policies, and strategies are instrumental in supporting this effort,
including the following two:
• Canopy coverage goals by land use type - Comprehensive Plan
• The Tukwila Equity Policy’s mission to “… guide the equitable physical development” of the City
To support the City’s aim to cultivate a civic culture of environmental understanding, the project will
expand communication to spark a well-informed discussion about the City’s strategy to meet housing
and development goals, along with environmental goals and obligations. This communication will be
implemented by staff with appealing materials developed by the consultant, at staff’s direction.
A technical component the City seeks support for is the development of an advanced tree canopy
assessment that will inform strategic code updates that will further support the City’s canopy, habitat,
and environmental equity goals. Specifically, the City intends to acquire remotely sensed raster canopy
data that is model-trained on PNW vegetation. This data will be developed in a pilot project that seeks
to ensure the data is understandable, accessible, and provides new insights into critical area buffer land
uses. The desired result is providing property owners with more-frequently updated, detailed
information on their properties’ tree canopy and impervious surface coverage. This valuable parcel-level
data will inform the regulation of both critical areas and trees. The City will explore how the data can be
used, potentially during the permitting process, with the goal of ensuring local canopy coverage goals
are met as the City continues to grow. With City input, the consultant will develop a memorandum that
summarizes the data products the City could purchase to achieve this inventory tool, and will provide
guidance on a potential City pilot program using the data to analyze the value and effectiveness of
regulations that support the City tree canopy goals.
WDFW’s BAS recommendations envision critical areas having significantly larger, fully vegetated buffers,
that are challenging in built-out urban environments such as Tukwila. Furthermore, these urban areas in
the City frequently contain wide expanses of otherwise desirable, legally non-conforming development
132
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 2 of 10
amidst significant networks of streams, wetlands, and springs on steep valley slopes that feed into the
Green-Duwamish River. Tukwila contains the uppermost estuary reaches of the River, a transition zone
that is crucial for support and protection of threatened anadromous fish. An important aspect of
drafting a strategic, multi-benefit code update will be analyzing regulations that apply to and affect the
trees located in critical areas, and identifying if those regulations are supportive of City goals. This
analysis will include NPDES considerations, as well as identify potential incentive programs and offerings
that will support City goals in these areas.
Importantly, these efforts will also provide information and benefit to the tree code update to follow (in
FY 2026-2027), which seeks to increase the requirements for, and retention of, older trees, connected-
canopy/grove trees, and tree canopy over impervious surfaces, particularly in low-canopy areas of the
city. These high-value trees provide significant benefit to numerous areas of the City and contribute to
the implementation of City policies regarding the betterment of habitat, water-quality, climate
resilience and stormwater interception, as well as human mental and physical health benefits.
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Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 3 of 10
Tukwila Scope of Work
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
PHASE 1: CRITICAL AREA CODE – STRATEGIC ANALYSIS + CODE UPDATE
TASK 1 Project Management and Coordination: 2025-07-15 2026-06-30
Step 1.1
Secure Council Approval
• Commerce and Consultant Contract
o PCD Committee (7/14) and
o City Council (7/21) on grant
contract with Commerce
2025-07-14 2025-07-14 or -
07/21
Deliverable 1.1a
(to City) Signed Contract: Tukwila and Commerce 2025-07-14 or 07-
22
Step 1.2
Team Coordination
• City staff to gather relevant city
departments and to establish:
o Project objectives
o Identify data sources and
responsibilities.
o Schedule for involvement &
expectations
• City and consultant staff to establish:
o Identify data sources and
responsibilities.
o Timeline and expectations
o Administrative management
2025-07-01 2026-06-30
TASK 2 Identify, Purchase, and Load GIS Product
Step 2.1
GIS Product Review
• City staff to define project goals to be
supported by GIS data
• Evaluate remotely sensed datasets to
assess tree canopy. Candidate datasets to
include:
o Vector summaries and raster
data/polygons of overlapping land
cover (impervious, pervious, tree
canopy) at the parcel & ROW level
2025-07-15 2025-08-04
1 A & B tasks are those that go beyond conventional development of a Critical Areas Ordinance. These are noted
with a “”.
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Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 4 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
o Logistics and costs for the City to
host/update internally and on
Tukwila’s public iMap
o Costs and technical requirements for
the products reviewed.
o Assessment of the accuracy of
vegetation analysis model-training
available for each seasonal dataset
edition
o Determination of whether there
other relevant GIS data products
should be considered by City to meet
stated goals
Deliverable 2.1a
(To City)
Summary recommendations with
comparison table(s) to guide GIS product
selection
2025-07-15 2025-08-11
Step 2.2
GIS Data Selection
• Staff to select and purchase model-trained
tree/land cover GIS dataset(s).
2025-07-23 2025-07-23
Step 2.3
Map Creation
• City Staff to create an internal tree canopy
GIS layer in iMap or in new internal map
for pilot with assistance, as needed, from
consultant (<16 hs).
2025-07-28 2025-08-04
Deliverable 2.3a
(to City)
Map layer(s) for internal use showing City
tree and land cover by parcel, ROW, critical
area buffers, zoning & census block.
2025-07-28 2025-08-04
Step 3.1
GIS Data Analysis – Using GIS data, gather
enhanced tree canopy and land cover data
• City staff to analyze the new data:
o To develop critical area land use
insights to inform possible CAO code
changes, as well as other City Code
changes; and
o To form recommendations for
possible development of future tree
permitting application content to
implement City Goals on habitat,
equity & canopy coverage.
o To evaluate City data to reveal
discernable connections between
environmentally burdened areas and
natural resource coverage. Identify
where and how revised CAO
135
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Applicant: City of Tukwila
DRAFT
Page 5 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
regulatory and programmatic efforts
could benefit the local community.
o To evaluate legally non-conforming
development in existing and potential
buffers.
o If needed, provide 16 hs consultant
assistance.
Deliverable 3.3
(to City)
City Staff to prepare summary memorandum
of GIS analysis identifying possible CAO and
other code changes; main content from City,
assembled and fleshed out by Consultant.
TASK 3 Best Available Science (BAS) Review 11/10/25
Step 3.1
Review BAS
• The Consultant team will review Tukwila’s
existing BAS report to determine updates
needed to be consistent with changes in
science and regulatory guidance.
• The Consultant team will prepare an
outline with applicable references.
2025-07-15
Step 3.2
Special Consideration of Anadromous
Salmonids
• Consultant to interview City staff and
other professional expertise to consider
local habitat and options for fulfilling WAC
365-195-925
“Special consideration should be
given to habitat protection measures
based on the best available science
relevant to stream flows, water
quality and temperature, spawning
substrates, instream structural
diversity, migratory access, estuary
and nearshore marine habitat
quality, and the maintenance of
salmon prey species.”
2025-07-15
Step 3.3
Compose Draft BAS Technical Memorandum
The Consultant team will prepare:
1. Preliminary BAS Technical
Memorandum outline and reference
list
2. Draft BAS Technical Memorandum
for City staff review
3. Final BAS Technical Memorandum
that incorporates City comments
2025-07-15 2025-09-01
136
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 6 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
Deliverable 3.3a
(to City) Draft BAS Technical Memorandum 2025-09-01
Deliverable 3.3b
(to Commerce) Final BAS Technical Memorandum 2025-09-22
TASK 4 Analysis of Current or Potential Ancillary City
Regulations and Programs
Step 4.1
Staff Analysis of Potential Ancillary
Regulatory and Program Options
• Evaluate existing City code and programs
to determine if possible impediments or
gaps to critical area regulation
effectiveness exist, and/or there are other
opportunities to enhance effectiveness.
• This analysis will include an inventory and
analysis of:
o Legally Non-Conforming Development
(LNCD) occurring in ECAs; and current
code allowances in LNCDs.
o Mitigation sequencing requirements;
nuisance tree regulations;
o iMap ECA mapping insufficiencies; and
o Incentives for high-value tree/grove
retention, and
o Canopy coverage;
o Impervious surface canopy coverage
achievement; and
o Insight and recommendations for code
amendments to address identified
deficiencies and develop strategies for
overcoming potential challenges to the
City adopting larger buffer widths.
2025-07-15
Deliverable 4.1a
(to
City/Commerce)
Staff to prepare final Summary of Potential
Ancillary Regulatory and Program Options
Analysis and recommendations for
Community Engagement and Review
Strategy
2025-10-31
TASK 5 Community Engagement
Step 5.1
Civic Engagement Plan
• The Consultant and City staff will develop
a civic engagement plan to lay the
foundation for understanding of the
Environmentally Critical Areas and Code
Regulations and the requirements of the
update.
2025-07-25 2025-12-15
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Applicant: City of Tukwila
DRAFT
Page 7 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
• Materials will be prepared by consultant
for the Tukwila City Council and
subsequent discussions.
• Planned community engagement events
include one general community meeting
prior to CAO adoption and several City
Council briefings.
Step 5.2
Community Educational Materials
(Consultant)
• Materials explaining the CAO and tree
canopy will be developed for use at the
public meeting and later
• Following adoption, public outreach
materials will be developed to focus on
understanding and application of the new
code, including postcard mailing with
individualized education of parcel level
canopy coverage statistics. Staff to
coordinate with consultant on which
materials are needed in Phase I and which
are needed in Phase II.
2025-07-25 2025-06-30
Deliverable 5.1a
(to City/
Commerce)
Public Meetings and Engagement products,
staff and consultant to develop:
• Materials needed for public meeting
and community engagement, including
basic summaries of CAO application, Q
& A materials, website text, and Council
document support
• The project will provide two mailings: a
postcard/mailing to property owners
with critical areas and to all property
owners regarding tree canopy
TASK 6 Drafting of Critical Area Ordinance Land Use
Code Amendments and Supporting Guidance
11/20/2025
Step 6.1
GAP Analysis
• Consultant will:
o Augment current CAO Gap Analysis,
and cross-reference with GMA
requirements to check for potential
deficiencies.
o Assessment topics to include
adequacy of habitat
connectivity/grove protections,
priority habitats, and whether City
should protect shallow ground water
9/1/25
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Applicant: City of Tukwila
DRAFT
Page 8 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
by identifying and protecting CAR
zones.
o Identify current CAO shortcomings
relative to City Comprehensive Plan
Environmental goals
o Evaluate regulatory mechanisms
(existing and recommended) should
be used to ensure desired results are
achieved
Deliverable 6.1a
(to City/
Commerce)
Draft all necessary agency checklists
(Commerce, WDFW)
2025-12-31
Deliverable 6.1b
(to City) Draft Gap Analysis 2025-10-20
Deliverable 6.1c
(to Commerce) Final Gap Analysis 2025-10-31
Step 6.2 Jurisdictional Comparison of CA and Tree
regulations
Deliverable 6.2a
(to City)
Comparative summary of area critical area
and tree regulations
Step 6.3
Case Law Summary by Consultant
• Guidance for the City to use in developing
an effective and legally defensible CAO
update, providing focus on:
1. Critical area, &
2. Legally non-conforming regulations.
2025-07-15
Deliverable 6.3a
(to
City/Commerce)
Final Case Law Summary
2025-10-31
Step 6.4
Draft Code and BAS Crosswalk
• The Consultant team will prepare a public
review draft CAO, identifying CAO
revisions and indicating the rationale for
proposed content.
• In order to ensure readability and clarity in
interpretation and application of
regulation, without losing the scientific
accuracy and purpose of the language,
review draft CAO language and processes.
• Staff to submit documents needed for 60-
day Commerce review
8/15/25
Deliverable 6.4a
(to City) Public review draft CAO (and crosswalk) 12/30/25
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Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 9 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
Deliverable 6.4a
(to City) Final draft CAO (and crosswalk) 12/30/25
TASK 7 Adoption Support
Step 7.1
Presentation to City Council
• Support City staff in presenting the final
CAO amendments to the City Council.
This includes attending up to 3 Council
meetings to provide technical support
during the legislative process.
Step 7.2
Final CAO Land Use Code Amendment for
Adoption.
• Following all public deliberation and
hearings, Facet will prepare a final CAO
for adoption by City Council.
Deliverable 7.2a
(to
City/Commerce)
• Final CAO for adoption (to be adopted
earlier)
2025-12-15
PHASE 2: TREE CANOPY METHODOLOGY – GIS + INCENTIVE PROGRAM
TASK 8 GIS Data Pilot
Step 8.1 Staff to complete initial evaluation period of
new data and provide summary
Step 8.2
GIS Effectivity Test
• Staff to define evaluation criteria for
testing data effectivity.
• Staff to complete initial evaluation
period of new data and provide
summary. Staff to assess new data via
test-cases.
Deliverable 8.2a
(to City/
Commerce)
Staff to complete initial evaluation period of
new data and provide summary.
TASK 9
Identification of Canopy Protection Incentive
Program for Private Property Owners
6/30/2026
Step 9.1
Incentive Efforts Research
Consultant to
1. identify existing City voluntary canopy
protection/enhancement efforts and if
they could be used in Tukwila, and
5/30/2026
140
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 10 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
2. research those offered by other
jurisdiction for City consideration; the
program may include incentives such as
development benefits, stormwater fee
rebates, etc.
This phase will integrate public input
received during previous phase.
Deliverable 9.1a
(To City/
Commerce)
Incentive Efforts/Programs Summary
6/30/2026
Task 10 Facilitation of Incentives Program Launch
Step 10.1
Facilitation Meetings
Consultant to facilitate 3-4 interdepartmental
City stakeholder meetings to launch the first
phase of developing the selected Tree
Canopy Incentive Program.
Deliverable
10.1a
(to City/
Consultant)
Consultant to provide a Phased Plan to form
and implement a Tukwila tree canopy
incentive program
6/30/2026
141
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
July 14, 2025, 5:30 p.m. – Hybrid Meeting; City Council Conference Room & MS Teams
Councilmembers Present: Hannah Hedrick, Chair; Verna Seal
Staff Present: Nora Gierloff, Nancy Eklund, Laurel Humphrey, Marty Wine
Chair Hedrick called the meeting to order at 5:30 p.m.
BUSINESS AGENDA
A.Grant Acceptance: Critical Area Ordinance Development
Staff is seeking approval to accept grant funding from the Washington Departments of
Commerce and Ecology to update the Critical Areas Ordinance and other tasks associated with
the City’s Natural Environment.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting.
B.Contract: Environmental Services
Staff is seeking approval of a contract with Facet NW for environmental services associated
with the grant funded activities described in item A.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting.
C.Cannabis Retail Business Zoning Considerations
Staff is seeking Committee direction on a proposal to expand zoning for cannabis retail
establishments per the City Council’s 2025 direction. Committee members agreed with the
proposal to expand zoning to Regional Commercial Mixed Use and the Tukwila Urban Center
Commercial Corridor and Workplace Districts within the Southcenter Area. Committee
members gave further direction to prepare the ordinance retaining the 1000’ buffer around
parks, playgrounds and schools, and reduce to 500’ for the rest of the categories outlined in
state law.
Item(s) for follow-up:
Provide additional maps showing 300’ and 500’ buffer options for consideration.
Committee Recommendation
Return to Committee.
MISCELLANEOUS
The meeting adjourned at 6:03 p.m.
HH
Committee Chair Approval
142
ITEM INFORMATION
STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 7/21/25
AGENDA ITEM TITLE Contract with Facet NW for Environmental Services
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/21/25 Mtg Date 7/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY The City has identified the need for specialized scientific and natural resources expertise to
complete upcoming planning and regulatory projects. The Council is being asked to
approve a contract with Facet NW for project-related and on-call environmental services
which will be dependent on a state grant also being considered at this same meeting.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 7/14/25 COMMITTEE CHAIR: HEDRICK
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Majority Approval; Forward to Regular Meeting for consideration.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $
Fund Source: GRANT FUNDED OR PASS THROUGH FUNDING FROM DELVELOPMENT FEES COLLECTED FROM APPLICANTS
Comments: Tak 2 scope is delayed with Commerce/Ecology; final amount yet to be determined
MTG. DATE RECORD OF COUNCIL ACTION
7/21/25
MTG. DATE ATTACHMENTS
7/21/25 Informational Memorandum dated 7/14/25
Facet Services Contract
Exhibit A On-call services
Minutes from the 7/14/25 Planning and Community Development Committee Meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
7/21/25 NE 6.B.
143
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Supervisor
CC: Mayor Thomas McLeod
DATE: July 14, 2025
SUBJECT: Contract with Facet NW for Environmental Services
ISSUE
The Council is being asked to approve a contract with Facet NW for project-related and on-call
environmental services.
BACKGROUND
The City has identified the need for specialized scientific and natural resources expertise to
complete planning and regulatory projects necessary to protect the City’s critical areas and
natural environment. Two tasks have been identified for Facet assistance:
• Task 1: Environmental services to fulfill the scope of work, as described in the
Commerce and Ecology grant agreement received by the City. This work includes an
update of the City’s Critical Areas Ordinance (the deadline for submittal for the CAO
update is 12/31/25, per the Growth Management Act (GMA)). In addition, Facet’s
expertise is needed to provide guidance in the acquisition and implementation of
enhanced Geographic Information System (GIS) data pilot project that will enable
greater analysis of Tukwila’s tree canopy and natural resources, with the intent of
identifying opportunities for greater protection of these resources.
Task 1 work is revenue-backed and fully funded through a grant from the Washington
Departments of Commerce and Ecology.
• Task 2 - This task provides for peer review of critical area studies submitted by
applicants, including wetland delineations, habitat assessments, and mitigation plans, to
ensure consistency with the Tukwila Municipal Code and best available science. It also
includes consultant support for the Critical Area Designation permit, including initial site
reconnaissance, preparation of a reconnaissance report, and development of a cost
estimate for any additional study or delineation work requested by the applicant.
Task 2 work is revenue-backed and fully funded through permit fees collected from
applicants.
DISCUSSION
This contract will enable the City to secure the scientific and environmental expertise needed to
best address the City’s compliance with GMA and align with numerous City Goals focused on
the protection of Tukwila’s natural environment and community health and safety.
144
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Both Task 1 and Task 2 listed in the Facet Scope of Work are revenue-backed through grant
funds or permit fees, respectively.
RECOMMENDATION
The project is related to the Grant agreement with the Washington Departments of Commerce
and Ecology. Due to the very short period within which the City needs to complete its update of
the Critical Areas Ordinance and the lengthy timeline required by the Washington Departments
and Commerce and Ecology to process the grant that provides funding for creation of the CAO,
Staff recommends that the City use an expedited review process to approve this consultant
contract, as follows:
•PCD on July 14, 2025 – Committee recommends that the project and contract be
forwarded to the Council for approval.
•Regular Meeting, City Council, July 21, 2025 - Staff recommends that based on the
scope of work the Council authorize the Mayor to sign the contract when it is received.
This would occur once the Commerce and Ecology grant scope has been finalized and
integrated into the Facet NW contract.
ATTACHMENTS
•Facet Contract – DRAFT
•Exhibit A On-Call Scope of Work - DRAFT
•Exhibit B Grant Scope of Work – to be provided with final Grant agreement
145
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
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 FACET NW Inc., 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 two services: first, on-
call services (“Services”) as described in Exhibit A and services as described in Exhibit B, in
connection with the project titled Critical Area Ordinance development.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit “A”
and Exhibit “B” 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, 2028, 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, 2028, 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
“A” attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $75,000.00 without express written modification of the Agreement signed by the
City.
Payment for the work provided by the Consultant shall be made as provided on Exhibit
“B” attached hereto, provided that the total amount of payment to the Consultant shall not
exceed the grant amount of $XXX,XXX.XX 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.
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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 agen ts,
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.
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CA revised May 2020 Page 3
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.
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CA revised May 2020 Page 4
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 affili ation,
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 reque sted 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:
Dan Nickel
9706 4th Ave NE, Suite 300
Seattle, WA 98115T:
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.
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DATED this _________ day of ____________________________, 20_____.
CITY OF TUKWILA
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
CONSULTANT:
By:
Printed Name: Dan Nickel
Title: Executive Vice President, Principal of
Planning
Contract to include Current Employee Rate Sheet and Task Request form
150
EXHIBIT A
ON-CALL SCOPE OF SERVICES
The Consultant shall provide services to the City of Tukwila on an as-needed basis related to
assessment of environmentally critical areas (ECA’s), including but not limited to, peer review
of ECA reports produced by third parties. The City shall authorize in writing the specifications
and the scope of review to be completed by the Consultant. The Consultant will provide a cost
estimate or bid based on that scope for approval.
In addition, this task includes consultant support for the Critical Area Designation permit,
including initial site reconnaissance, preparation of a reconnaissance report, and development
of a cost estimate for any additional study or delineation work requested by the applicant. All
work beyond the reconnaissance report will be billed to and directly paid by the permit applicant.
The Consultant shall perform tasks including, but not limited to, these subjects:
• Critical area studies on a parcel(s) basis for development proposals
(single or clustered), including mitigation, maintenance, and
monitoring plans
• General review of project impacts for ECA code compliance per TMC, WAC and
RCW
• Wetland delineations, classification, and rating
• Watercourse delineation and typing
• Arborist reports, tree retention plans, tree risk assessments and other
arboriculture services as requested
Additionally, the Consultant may perform additional tasks, or may subcontract tasks
including, but not limited to, these subjects:
• Technical information reports (TIR per KC Surface Water Manual)
• General riverbank analyses
• Hydrologic and Hydraulic studies/modeling
• Phase I site analysis (MTCA)
Services and deliverables may include, but are not limited to:
• Site analysis
• Development plans review
• Reporting
• Verifying the correctness or adequacy of work similar to that described above that
has been prepared by a consultant hired by a permit applicant i.e., perform “Third
Party” review.
• Representing the City at hearings related to review of a proposal, if needed.
• Assisting the City in reviewing projects with impacts ECA’s and associated buffers
under the State Environmental Policy Act (SEPA), EIS, etc.
• Assisting the City in determining costs associated with proposed rehabilitation,
enhancement, or mitigation work.
151
• Assisting the City in interpreting and implementing ECA regulations, as necessary.
• Coordinating with staff, and other Qualified Professionals re ECA compliance.
152
TASK ORDER TEMPLATE
Project Name:
Project Location:
Permit Number:
Date:
Task Order
Project
Manager
Hours
Project
Scientist
Hours
Other
Consultant
Total Hours
Summary Hours Rate Total
Project Manager
Project Scientist
Other Consultant:
Total Labor
TOTAL ESTIMATED COST, NOT TO EXCEED
Authorized by DCD Director:
153
City of Tukwila
City Council Planning & Community Development Committee
Meeting Minutes
July 14, 2025, 5:30 p.m. – Hybrid Meeting; City Council Conference Room & MS Teams
Councilmembers Present: Hannah Hedrick, Chair; Verna Seal
Staff Present: Nora Gierloff, Nancy Eklund, Laurel Humphrey, Marty Wine
Chair Hedrick called the meeting to order at 5:30 p.m.
BUSINESS AGENDA
A.Grant Acceptance: Critical Area Ordinance Development
Staff is seeking approval to accept grant funding from the Washington Departments of
Commerce and Ecology to update the Critical Areas Ordinance and other tasks associated with
the City’s Natural Environment.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting.
B.Contract: Environmental Services
Staff is seeking approval of a contract with Facet NW for environmental services associated
with the grant funded activities described in item A.
Committee Recommendation
Majority approval. Forward to July 21, 2025 Regular Meeting.
C.Cannabis Retail Business Zoning Considerations
Staff is seeking Committee direction on a proposal to expand zoning for cannabis retail
establishments per the City Council’s 2025 direction. Committee members agreed with the
proposal to expand zoning to Regional Commercial Mixed Use and the Tukwila Urban Center
Commercial Corridor and Workplace Districts within the Southcenter Area. Committee
members gave further direction to prepare the ordinance retaining the 1000’ buffer around
parks, playgrounds and schools, and reduce to 500’ for the rest of the categories outlined in
state law.
Item(s) for follow-up:
Provide additional maps showing 300’ and 500’ buffer options for consideration.
Committee Recommendation
Return to Committee.
MISCELLANEOUS
The meeting adjourned at 6:03 p.m.
HH
Committee Chair Approval
154
ITEM INFORMATION
STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 7/21/25
AGENDA ITEM TITLE Discussion on City Council Position No. 6
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW
SPONSOR’S
SUMMARY This is an opportunity for the City Council to discuss Position No. 6 with the incumbent on
a medical leave of absence. Staff recommends an appointment on a pro tem basis pursuant
to RCW 35A.12.065 with an application and interview process similar to how recent
vacancies were handled.
REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1450/mo $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
7/21/25
MTG. DATE ATTACHMENTS
7/21/25 Informational memo dated July 10, 2025
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
7/21/25 LH 7.A.
155
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Laurel Humphrey, Legislative Analyst
DATE: July 10, 2025
SUBJECT: Appointment of Councilmember Pro Tem for Position 6
Issue
Councilmember McConnell serves in City Council Position 6 and has been on a medical leave
of absence since the end of April with the City Council excusing her absences from Regular
and Special meetings.
RCW 42.12.010 describes when an elective office becomes vacant on the happening of various
events, including but not limited to when the incumbent dies, resigns, is removed, no longer
lives in the City, is convicted of a felony or offense involving a violation of the oath of office,
refuses or neglects to take the oath of office or renew the official bond, or fails to deposit the
oath or bond as prescribed by law, when a competent court declares the election or
appointment void, or when a court determines that the incumbent breached a condition of
the official bond. RCW 35A.12.060 also states that a Council seat will be vacant if the
councilmember fails to attend three consecutive regular meetings without being excused by
the council.
Given that City Council Position 6 is not vacant, state law authorizes the City Council to
appoint a Councilmember pro tem under these circumstances. Per RCW 35A.12.065, “In the
event of the extended excused absence or disability of a councilmember, the remaining
members by majority vote may appoint a councilmember pro tempore to serve during the
absence or disability.” While the City Council can continue to excuse Councilmember
McConnell’s absences, it is preferable to have an odd number of Councilmembers to avoid
certain risks associated with quorum, deadlocks and ties, and it also provides staff and the
community with clearer majority intent from the Council. Further, some actions of the
Council require a supermajority, which is 5 votes in a 7-member council.
A councilmember appointed on a pro tem basis would have the same responsibilities and
voting rights as other councilmembers. The duration of a pro tem appointment lasts until the
excused councilmember indicates their intent to return to City Council affairs or their term of
office expires. Thus, if the absent councilmember were to resign from their seat, the pro tem
appointment would lapse, and a new appointment for the now-vacant position would need
to be made.
156
INFORMATIONAL MEMO
Page 2
An individual appointed in a pro tem capacity must be a registered voter in the City of
Tukwila, as well as a resident of Tukwila for at least one year prior to appointment.
Process
Neither state statute nor the City Council Rules of Procedure provide a framework for a
process to appoint a Councilmember pro tem, so if the City Council wishes to pursue this type
of appointment, it can decide its own process and its own qualifications beyond the residency
and electoral status defined in state law. The Council could look to its recent experience s with
filling Council vacancies, which includes an application and interview process as noted in the
Rules of Procedure. Staff researched other cities that have done pro tem appointments
recently (Tacoma, University Place, and Battle Ground) and found this is generally the
process used. It is also within the City Council’s authority to forego applications or interviews,
or only require one or the other. The City Council should consider how best to recruit
interested and qualified applicants and appoint an individual to serve as a Councilmember
pro tem.
Financial Impact
There is a cost associated with the appointment of a Councilmember pro tem. Article XI,
Section 8 of the Washington State Constitution states that a salary of a municipal officer shall
not be “diminished after his election, or during his term of office,” so a Councilmember whose
seat is subject to a pro tem appointment will still receive the compensation set forth in the
Municipal Code. Tukwila Municipal Code 2.05.010 sets forth the compensation for each
Council position, which is $1,450 per month through 2026 for Position 6. Staff recommends
applying the compensation rate to an individual serving in a pro tem capacity due to the level
of time commitment required to serve as a City Councilmember.
Conclusion
Staff is seeking City Council direction on whether or not to pursue a pro tem appointment
process, and if so, if an application and interview process is desired . Staff could return with
draft materials for additional Council input at the July 28, 2025 Committee of the Whole.
157
158
The city of opportunity, the community of choice
TO: Mayor McLeod
Councilmembers
FROM: Marty Wine, City Administrator
DATE: July 15, 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
• Sound Cities Association Mayors Meetings: Mayor McLeod participated in Sound Cities
Association Mayors meetings on June 10, 17 and July 8.
• King County Recycling Coordinators Meeting: Public Works staff attended a quarterly King
County Recycling Coordinators’ meeting on June 18.
• Association of Washington Cities Annual Conference: Mayor McLeod, Councilmembers
Hedrick, Martinez, Papyan and City Administrator Wine attended the Association of
Washington Cities Annual Conference June 24-26 in Kennewick.
• Meeting about Homeless Encampment Waste: On June 26 Public Works staff attended the
first in a series of meetings to address homeless encampment waste in King County.
• Meeting with King County Department of Local Services: Mayor McLeod, City
Administrator Wine, Deputy City Administrator Mayer and Director Miles met with King
County Department of Local Services on June 30.
• Meetings with King County Flood Control District: Public Works staff met with King County
Flood Control District and support staff on June 30, July 9, and July 10 to discuss new criteria
for prioritizing capital projects. Most Tukwila projects appear to score high under proposed
criteria.
• Minor Home Repair Consortium: Human Services staff attend a Minor Home Repair
consortium meeting with King County staff to review budget balances and new regulations.
• King County City Managers/City Administrators Meeting: City Administrator Wine
facilitated the monthly King County City Managers/City Administrators meeting on July 9
where the agenda topic was revenue generating strategies that cities are considering.
• King County Metropolitan Solid Waste Advisory Committee: On July 9 Public Works staff
attended the monthly King County Metropolitan Solid Waste Advisory Committee meeting.
159
City Administrator’s Report
July 15, 2025
Page 2
• Meeting with King County Metro: Community Development staff met with King County
Metro to discuss the South Annex Base electrification project, which is currently under review.
15 permit applications have been submitted for the site located at 11911 E Marginal Way S.
King County has, however, indicated that they are recommending withdrawing the project
due to a lack of available funding. While no formal withdrawal has been submitted, a final
decision is expected by October.
II. Community Events
• Pride Flag Ceremony: Mayor McLeod, Councilmember Martinez, City Administrator Wine and
staff participated in the Pride Flag Ceremony held at City Hall on June 9.
• Recycling Collection Event: A recycling collection event to collect Styrofoam, scrap metal,
and shredding was held on June 14. 180 in attendance, 5200 pounds of scrap metal, 100
pounds of Styrofoam, 568 pounds of paper.
• Juneteenth Celebration: Mayor McLeod, Council President Sharp, Councilmembers Abdi,
Hedrick, Martinez, Papyan and Seal and staff participated in the Juneteenth celebration held
at the Sullivan Center on June 19.
• Airport University Presentation: Transportation Demand Management staff presented to
Airport University classes on July 2 and distributed ORCA cards.
• Peanut Butter & Jam Event: Parks & Recreation kicked off the season with its first Peanut
Butter & Jam at the Splash Pad on July 10. 130 children were in attendance. The event series
is every other Thursday and features kid-centric musical entertainment. The next event will
be on July 24 and feature Gansango Musica & Dance. The group celebrates the cultures of
Africa.
• Tukwila Farmers Market: The first market day of the Tukwila Farmers Market will be this
July 20, from 10 AM to 2 PM at the Tukwila Community Center.
• Green Tukwila Restoration Events: Upcoming events include
o Upper Duwamish River Boat Cleanup
Saturday, July 26, 11:30 a.m. – 2:30 p.m., Codiga Park
o Walk & Talk, Litter Cleanup – Bicentennial Park
Thursday, July 31, Bicentennial Park, 10 a.m. – 11:30 p.m.
• Community Wellness & Air Quality Awareness Event: Through a partnership between the
City and the African Leaders Health Board, Neighborhood House, and Center for Multicultural
Health. A Community Wellness & Air Quality Awareness Event will be held July 27, 10 AM -2 PM
at the Tukwila Justice Center.
• Tukwila Tree Giveaway Orders: Tukwila residents will be able to submit orders for the
Tukwila Tree Giveaway event in the next several weeks – the pick-up day will be October 5 in
Hazelnut Park.
160
City Administrator’s Report
July 15, 2025
Page 3
III. Staff Updates
Public Safety
• Codiga Park Speed Enforcement Camera: The Codiga Park speed enforcement camera went
live in June with warnings being issued. Beginning July 9 citations started being issued.
During the warnings period, several motorists went 20-40 miles per hour over the speed limit.
• Meeting with the Asian Family Market: On June 30 Chief Drever met with the Asian Family
Market security manager to discuss safety plans for the shoppers for when a store is open in
Tukwila later this year.
• Fourth of July Reports from Puget Sound Fire: Puget Sound Fire provided reports for June
28 through July 6, which are attached. There is a three-year trend document encompassing
the same timeframe. Reports are split into EMS and Fire. EMS and Fire are split again into
fireworks and non-fireworks related incidents.
Project Updates
• Closure of NB SR-181 Left Turn Lane to Southcenter Boulevard: On July 9 WSDOT notified
Tukwila of a 120-day closure of the Northbound SR-181 Left Turn Lane to Southcenter
Boulevard beginning July 14 as part of the I-405/SR-167 Gateway Program.
• 42nd Ave Bridge Replacement: The City received formal notice from WSDOT that the $17M
Move Ahead Washington funding has been included in the state transportation budget and
deferred to the 2029-2031 Biennium. Public Works will submit a request for an amendment,
but the Local Programs office recommends continued engagement with legislators in order
to keep the project on schedule.
• Tukwila Community Center HVAC Replacement Project: On July 15, the City received good
news from Congressman Adam Smith’s office, that the U.S. House Appropriations Committee
included our Tukwila Community Center HVAC Replacement project at a funding level of
$850,000 of our FY26 Community Project Funding request. Appropriations bills still have a
long path to be voted on by Congress and funding is not assured, but a share of funding for
the project is still included in the House proposals.
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 July 16, 2025.
2 resident position terms expire March 31, 2026.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for July 17, 2025.
1 resident position term expires March 31, 2026.
No vacancies.
• UCOPCABU: The next meeting is scheduled for August 14, 2025.
3 resident position terms expire March 31, 2026.
VACANT: 1 Business Position and Student Representative.
161
City Administrator’s Report
July 15, 2025
Page 4
• Equity & Social Justice Commission: The next meeting is scheduled for August 7, 2025.
1 City Employee position term expires March 31, 2026.
2 Education position terms expire March 31, 2026.
1 Community position term expires March 31, 2026.
No vacancies.
• Human Services Advisory Board: The next meeting is scheduled for August 21, 2025.
1 Resident position term expires March 31, 2026.
1 School District position term expires March 31, 2026.
1 Medical/Health position term expires March 31, 2026.
No vacancies.
• Library Advisory Board: The next meeting is scheduled for September 2, 2025.
3 Resident position terms expire March 31, 2026.
VACANT: Student Representative.
• Lodging Tax Advisory Committee: The next meeting is scheduled for August 1, 2025.
All positions are 1-year terms.
VACANT: 1 Business Collecting Tax Representative
• Park Commission: The next meeting is scheduled for August 13, 2025.
2 Community position terms expire March 31, 2026.
VACANT: Student Representative.
• Planning Commission: The next meeting is scheduled for July 24, 2025.
No vacancies.
IV. Responses to Council/Community Inquiries
Date of
Inquiry Inquiry Response
June 23, 2025 Councilmember Martinez
requested details about
how the final $500,000 of
the Department of
Commerce grant funds
were expended.
Using the authority granted by the Council, the City
executed agreements with LIHI and ATOC. Additionally,
agreements were also executed with the Tukwila Pantry,
Center of Success, and Health Point with the Mayor’s
existing signing authority. The agreements provided for
services as summarized here:
1) Shelter for the unhoused: $387,353
2) Addressing Food Insecurity: $86,000
3) Medical Care: $50,000
4) Access to Our Community: $30,500
June 23, 2025 Councilmember Sharp
asked about the Mayor’s
authority to spend funds.
Per Resolution 2097, the Purchasing and Contracting
Policy, adopted by City Council on May 20, 2024 the Mayor
has delegated authority to sign Capital Project contracts
up to $99,999 and service contracts up to $59,999.
162
City Administrator’s Report
July 15, 2025
Page 5
June 23, 2025 Councilmember Abdi
asked what is being done
to address immigration
concerns.
City staff are working with the Equity & Social Justice
Commission to create greater awareness of the
constitutional rights of all community members. All people
in the United States, regardless of immigration status,
have certain rights and protections under the U.S.
Constitution. The Immigrant Legal Resource Center red
cards give examples of how people can exercise these
rights. Red Cards and a Know Your Rights informational
flyer will be available at City facilities and other service
locations throughout the City.
163
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
Filters
1/7
Days in Alarm DateTime 6/28/25 to 7/6/25 Is Active true Is Locked true
Fires (NFIRS 100, 200, 400)-PSF All Fires (NFIRS 100, 200, 400)-Tuk Fires Percentage Tuk to PSFAll
FW Fires (NFIRS 100-9, 200-9, 400-9)-PSF All FW Fires (NFIRS 100-9, 200-9, 400-9)-Tuk FW Fires % Tuk to PSFAll
Non-FW Fires (NFIRS 100, 200, 400)-PSF All Non-FW Fires (NFIRS 100, 200, 400)-Tuk Non-FW Fires % Tuk to PSFAll164
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
Filters
2/7
Days in Alarm DateTime 6/28/25 to 7/6/25 Is Active true Is Locked true
Fireworks Related Fires (NFIRS 100-9, 200-9, 400-9)-PSF All
14
5
1
1
1
1
1
# of unique Incident Number
Brush or Brush/Grass
Mix fire- Fireworks
Related
Natural Vegetation fire,
other- Fireworks Related
-Outside Trash or Waste
Fire- Fireworks Related
Fire, other- Fireworks
Related
Dumpster/Trash
Receptacle Fire-
Fireworks Related
Grass Fire- Fireworks
Related
Outside Rubbish Fire,
Other- Fireworks
Related
0 10 20 30
Non-Fireworks Related Fires (NFIRS 100, 200, 400)-PSF All
31
28
9
7
6
4
3
3
2
2
1
1
1
1
# of unique Incident Number
Beauty Bark Fire
Brush or brush-and-gr…
Natural vegetation fire…
Grass fire
Homeless Encampme…
Cooking fire, confined …
Passenger vehicle fire
Attempted burning, ill…
Gas leak (natural gas o…
Trash or rubbish fire, c…
Fire, other
Dumpster or other ou…
Outside rubbish fire, o…
Special outside fire, ot…
Building fire
Outside rubbish, trash…
Electrical wiring/equi…
Hazardous condition, …
Fireworks explosion (n…
Fires in structure othe…
Arcing, shorted electri…
Camper or recreation…
Gasoline or other flam…
Forest, woods or wildl…
0 10 20 30 40
165
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
Filters
3/7
Days in Alarm DateTime 6/28/25 to 7/6/25 Is Active true Is Locked true
Fireworks Related Fires (NFIRS 100-9, 200-9, 400-9)-Tuk
1
# of unique Incident Number
Brush or Brush/Grass
Mix fire- Fireworks
Related
0 10 20 30
Non-Fireworks Related Fires (NFIRS 100, 200, 400)-Tuk
5
3
2
2
1
1
1
1
# of unique Incident Number
Brush or brush-and-
grass mixture fire
Beauty Bark Fire
Homeless Encampment
Fire
Passenger vehicle fire
Grass fire
Dumpster or other ou…
Natural vegetation fire,
other
Fire, other
0 1 2 3 4 5166
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
Filters
4/7
Days in Alarm DateTime 6/28/25 to 7/6/25 Is Active true Is Locked true
EMS (NFIRS 300)-PSF All EMS (NFIRS 300)-Tuk EMS Percentage Tuk to PSFAll
Fireworks Related EMS (NFIRS 300-9)-PSF All Fireworks Related EMS (NFIRS 300-9)-Tuk Fireworks Related EMS % Tuk to PSFAll
167
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
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Non-FW EMS (NFIRS 300)-PSF All Non-FW EMS (NFIRS 300)-Tuk Non-FW EMS % Tuk to PSFAll168
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
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Days in Alarm DateTime 6/28/25 to 7/6/25 Is Active true Is Locked true
Fireworks Related EMS (NFIRS 300-9)-PSF All Non-Fireworks Related EMS (NFIRS 300)-PSF All
555
41
27
22
18
17
10
8
7
6
5
5
4
4
3
2
2
1
1
1
# of unique Incident Number
EMS call, Medical
EMS call, Other Accide…
EMS call, excluding ve…
Patient Assist
Motor vehicle accident…
Emergency medical se…
EMS call, Cancelled at …
Motor vehicle accident…
CARES - Incident with …
Removal of victim(s) fr…
Motor vehicle/pedestr…
Motor Vehicle Acciden…
EMS Call, Patient Assis…
Patient Gone on Arrival
No Injury or Illness
PD Patient Evaluation
EMS Call, Unintention…
Water & ice-related re…
Patient Transport
PD Involuntary Transp…
0 100 200 300 400 500 600
169
2025 4th of July DB-SP-Tukwila Jul 10, 2025 8:01:00 AM Fire Incidents
Filter statement
Filters
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Days in Alarm DateTime 6/28/25 to 7/6/25 Is Active true Is Locked true
Fireworks Related EMS (NFIRS 300-9)-Tuk Non-Fireworks Related EMS (NFIRS 300)-Tuk
67
6
5
2
2
2
2
1
1
1
1
1
1
# of unique Incident Number
EMS call, Medical
Motor vehicle accident…
EMS call, Other Accide…
Motor vehicle accident…
Emergency medical se…
Removal of victim(s) fr…
EMS call, excluding ve…
EMS call, Cancelled at …
No Injury or Illness
PD Patient Evaluation
Motor vehicle/pedestr…
EMS Call, Patient Assis…
Patient Gone on Arrival
0 20 40 60 80170
2025 Puget Sound Fire Fourth of July Report
Puget Sound Fire in total
192
124
151
65
27 24
127
97
127
0
50
100
150
200
250
2023 2024 2025
PSF-All 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
776 775 739
1 0 0
775 775 739
0
100
200
300
400
500
600
700
800
900
2023 2024 2025
PSF-All 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
171
Covington
13
7
3
8
1
0
5
6 3
0
2
4
6
8
10
12
14
2023 2024 2025
Covington 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
50 48 51
0 0 0
50 48 51
0
10
20
30
40
50
60
2023 2024 2025
Covington 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
172
Kent
81
56
82
30
12
14
51
44
68
0
10
20
30
40
50
60
70
80
90
2023 2024 2025
Kent 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
370 375 389
0 0 0
370 375 389
0
50
100
150
200
250
300
350
400
450
2023 2024 2025
Kent 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
173
City of Maple Valley
10
5 5
2
3
2
8
2
3
0
2
4
6
8
10
12
2023 2024 2025
CMV 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
33
40
37
0 0 0
33
40
37
0
5
10
15
20
25
30
35
40
45
2023 2024 2025
CMV 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
174
SeaTac
14
9
11
2 2
2
12
7
9
0
2
4
6
8
10
12
14
16
2023 2024 2025
SeaTac 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
99
113
89
0 0 0
99
113
89
0
20
40
60
80
100
120
2023 2024 2025
SeaTac 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
175
Tukwila
26
19 17
8
2
1
18
17 16
0
5
10
15
20
25
30
2023 2024 2025
Tukwila 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
106 108
92
1 0 0
105 108
92
0
20
40
60
80
100
120
2023 2024 2025
Tukwila 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
176
KCFD#37
5
1
3
1
0
0
4
1
3
0
1
2
3
4
5
6
2023 2024 2025
FD37 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
16
13
9
0 0 0
16
13
9
0
2
4
6
8
10
12
14
16
18
2023 2024 2025
FD37 4th Of July EMS (6/28-7/6)
EMS-All EMS-FW Related EMS-Non-FW Related
177
KCFD#43
4
5
4
2
1 2
2
4
2
0
1
2
3
4
5
6
2023 2024 2025
FD43 4th Of July Fires (6/28-7/6)
Fires-All Fires-FW Related Fires-Non-FW Related
178
. Ffic
dTentative Agenda Schedule
MEETING 1 –
REGULAR
MEETING 2 –
C.O.W.
MEETING 3 –
REGULAR
MEETING 4 –
C.O.W.
JULY 7
WORK SESSION
Work Session cancelled.
REGULAR MEETING
Regular Meeting cancelled.
JULY 14
See below links for the
agenda packets to view the
agenda items:
July 14, 2025
Committee of the Whole /
Special Meeting
JULY 21
See below links for the
agenda packets to view the agenda
items:
July 21, 2025
Work Session
July 21, 2025
Regular Meeting
JULY 28
SPECIAL ISSUES
-King County Metro South Link
Connections Project Phase 3.
-State of the Capital
Improvement Program – Semi-
Annual Update.
MEETING 1 –
REGULAR
MEETING 2 –
C.O.W.
MEETING 3 –
REGULAR
MEETING 4 –
C.O.W.
AUGUST 4
WORK SESSION
REGULAR MEETING
PRESENTATION
-Seattle City Light Presentation.
CONSENT AGENDA
-Bid award for 2025 Annual Overlay
Project Construction.
-Cost Share Agreement for King
County Water District #125 – 2025
Overlay Project.
-Bid award for Sewer Lift Station
#2 Structural Modifications.
-Bid award for Gilliam Creek Culvert
Repair at Inlet.
AUGUST 11
SPECIAL ISSUES
-Ordinance adopting the 2026
Park Impact Fee Rate.
-Ordinance adopting the 2026
Fire Impact Fee Rate.
-Ordinances and resolution
relating to the Business &
Occupation Tax and Business
Licensing.
REPORTS
-Quarterly Business & Occupation
Tax Report.
AUGUST 18
WORK SESSION
REGULAR MEETING
CONSENT AGENDA
-Contract for Tukwila Parks, Recreation
& Open Space (PROS) Plan Request
for Proposal.
UNFINISHED BUSINESS
-Green Tukwila Mid-Year Report.
NEW BUSINESS
-Ordinance adopting the 2026 Park
Impact Fee Rate.
-Ordinance adopting the 2026 Fire
Impact Fee Rate.
-Ordinances and resolution relating to
the Business & Occupation Tax and
Business Licensing.
AUGUST 25
PUBLIC HEARING
-Ordinance updating cannabis
regulations.
SPECIAL ISSUES
-Ordinance updating cannabis
regulations.
Special Meeting to follow
Committee of the Whole
Meeting.
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