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COW 2025-08-25 COMPLETE AGENDA PACKET
2 Tukwila City Council Agenda ILA-14; di 90 ❖ COMMITTEE OF THE WHOLE ❖ Thomas McLeod, Mayor Councilmembers •:• Mohamed Abdi •:• Armen Papyan Marty Wine, CityAdministrator •:• Jovita McConnell •:• Dennis Martinez Tosh Sharp, Counci I President •:• Hannah Hedrick •:• Verna Seal ON -SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join li lle:rosoft Teams Ill leetlilnig For Technical Support: 1-206-433-7155 Monday, August 25, 2025; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 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 Haii or via phone or Microsoft Teams for up to minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycounciI tukwilawa.gov with your name and topic by 5:00 PM on the meeting 5 date. meeting, Please dearly indicate that your message is for public comment during the and you will receive further instructions. 4. PUBLIC HEARING a. An ordinance updating To provide public tukwilawa.gov, provide cannabis use regulations. hearing comments, please email citycouncil@ Pg.1 your first and last name, and reference the public subject line, by 5:00 p.m. on August 25, signed up by email, your name will be called to speak for up to 5 minutes. the Public Hearing in person and provide hearing topic in the 2025. Once you have upon during the meeting You may also attend your comments on -site. 5. SPECIAL ISSUES a. An ordinance updating cannabis use regulations. Pg.1 6. REPORTS a. Mayor b. City Council c. Staff 7. MISCELLANEOUS 8. ADJOURN TO SPECIAL MEETING (Continued..) ❖ SPECIAL MEETINGS ❖ Agenda for Monday, August 25, 2025; immediately following C.O.W. 1. CALL TO ORDER/ROLL CALL 2. PRESENTATIONS Council Candidate Interviews for Position #6 Pro Tempore* Applications can be viewed through the following link: Applicants for City Council Position 6 - City of Tukwila 3. CONSENT AGENDA a. Approval of Minutes: 8/18/25 Regular Meeting b. Award a bid and authorize the Mayor to sign a contract with Olson Brothers Excavation, Inc. for the Gilliam Creek Culvert Erosion Repair in the amount of $346,606.55 (plus contingency). [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 8/25/251 c. Award a bid and authorize the Mayor to sign a contract with Flowline, LLP for the 2025 Annual Small Drainage project in the amount of $352,692.90 (plus contingency). [Reviewed and forwarded to consent by the Transportation and Infrastructure Services Committee on 8/25/251 Pg.17 Pg.41 4. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 5. ADJOURNMENT * NOTE: Council candidate interviews for Position #6 will continue at the Special Meeting on August 26, 2025. Agenda for Tuesday, August 26, 2025; 6:30 PM REMOTE PARTICIPATION FOR THE PUBLIC: 253-292-9750, ACCESS CODE: 915796553# Click here to: Join MicrosoftTeams Meeting 1. CALL TO ORDER/ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Sal/sh people. We acknowledge their continu/ng connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PRESENTATIONS Council Candidate Interviews for Position #6 Pro Tempore* Applications can be viewed through the following link: Applicants for City Council Position 6 - City of Tukwila 4. EXECUTIVE SESSION To evaluate the qualifications of the candidates for appointment to elective office — pursuant to RCW 42.30.110(h). Not to exceed 20 minutes 5. NEW BUSINESS Discussion and motion to appoint a Pro Tempore Councilmember to Position #6 on the Tukwila City Council until the incumbent, Jovita McConnell, returns or resigns; or upon certification of the November 2027 General Election Results. 6. ADJOURNMENT This agenda is available at Tukwila Council If you are in please www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. meetings are audio/video taped, and available at www.tukwilawa.gov need of translation or interpretation services at a Council meeting, contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https//w,tukwilawa.,,q©v/do,pairtiments/citi-courfcili COUNCIL AGENDA SYNOP il !ifeng Dal Prepared Of enteals Mayer s reveele Comm/ 'men ITEM No. .-i ' 8/25125 9/8/25 NG NG 4.A. & 5.A. ITEM INFORMATION STAMP SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE:8/25/25 AGENDA ITEM TITLE Cannabis Zoning Regulation Update (Ordinance) CATEGORY aseussion AN Date 8/25/25 I I Motion AN Date 9/8/25 PI Resolution Mt, Date Z Ordyname Aft Date 918/ 25 Fri Bid Awaal Mi?, Date j Public Hearing Mq,, Date 8/25/25 Other 3e f 1; Date SPONSOR Conned SPONS R'S The SUMMARY establishments The •Major City Council 0 Admen Svcs Z DCD Finance El F er Council requested options to potentially expand and staff has developed an ordinance reflecting is being asked to consider and approve the ordinance. •Pe-R allowed [1 Polite •Pa" zoning for cannabis PCD Committee retail direction. REVIEWED BY Li TtansMnbastructute Svcs li Community Svcs/Safety H Finance & Governance X Planning & Community Dev. LTAC P1 Arts Comm, — Parks Comm. H Plannmg Comm. DATE: 7/14/25, 8/11/25 COMMITTEE CI {AIR: HENDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development commariTEE Unanimous Approval; Forward to 8/25/25 Committee of the Whole COST MPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: No MTG. DATE cost to imp/ement, retail sales would generate revenue RECORD OF COUNCIL ACTION 8/25/25 MTG. DATE ATTACHMENTS 8/25/25 InformationaI Memorandum dated 7/14/25 - amended 8/5/25 A. Map showing current cannabis zoning and buffers in Tukwila B. Map showing 300 foot cannabis buffers C. Map showing 500 foot cannabis buffers D. Draft Ordinance - updated after 8/11 PCD Committee Meeting Minutes from the 8/11/25 PCD Committee Meeting Map showing additional zones and 300 foot cannabis buffer - add . after 8/11 PCD 2 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Community Development Committee FROM: Laurel Humphrey, Legislative Analyst Nora Gierloff, DCD Director CC: Mayor McLeod DATE: July 14, 2025 amended August 5, 2025 SUBJECT: Cannabis Retail Business Zoning Considerations ISSUE The City Council requested options to potentially expand zoning for cannabis retail establishments and staff has developed an ordinance reflecting Committee direction. BACKGROUND Initiative 502 passed in November 2012 and created a comprehensive regulatory approach on cannabis with state -licensed producers, processors and retailers. Initiative 502 received a yes vote in all but one Tukwila precinct. HB 2870 created a Marijuana Social Equity Program in 2020 to address historic racial inequity in enforcement of marijuana laws. In 2022, 2SHB 1210 replaced all references to "marijuana" in state statutes and regulations with the word "cannabis." • On September 3, 2013, the City Council adopted Ordinance 2407 to implement Initiative 502, determining that cannabis retailers, producers and processors are permitted uses in Tukwila Valley South and Heavy Industrial Zones, subject to the 1,000-foot exclusion rule (see attachment A). • In 2015, 2SSB 5052 and HB 2136 allowed cities to reduce buffers from 1000 to 100 feet around all entities except elementary and secondary schools and public playgrounds. • In 2017, the City Council received two separate requests to expand permitted cannabis retail zones but denied both on February 13, 2017. • In September 2019, the Finance Committee discussed revenue and zoning considerations and decided against recommending any changes to the City Council at that time. • In June 2021, the Finance & Governance Committee discussed revenue potential and decided against recommending any changes to the City Council. • On May 13, 2024, the Planning and Community Development Committee discussed expanding retail cannabis zoning and recommended the topic return to the full Council for discussion in November 2024. • On June 10, 2024, the Council discussed expanding retail cannabis zoning, heard pro and con public comments, and reached consensus to continue further discussions in 2025. • On July 14 the PCD Committee discussed retail cannabis locations further. DISCUSSION Zoning Currently, cannabis retail, production and processing are only permitted in the Tukwila Valley South, Tukwila South Overlay, and Heavy Industrial Zones. (Read more in the 8/26/13 staff report.) The City has received requests to expand those zones to include Regional Commercial Mixed Use (RCM) and the Southcenter area. Within the Southcenter area, the Tukwila Urban Center Commercial Corridor and Workplace Districts (TUC -CC and TUC-WP) might be most appropriate as they only allow limited residential uses and are largely unaffected by the State buffers even if those are kept at the maximum 1,000-foot distance. INFORMATIONAL MEMO Page 2 Buffer Distances State regulations listed in WAC 314-55-050 prohibit issuance of Ilicenses for cannabis businesses within 1,000 feet of the following uses: (a) Elementary or secondary school; (b) Playground; (c) Recreation center or facility; (d) Child care center; (e) Public park; (f) Public transit center; (g) Library; or (h) Any game arcade (where admission is not restricted to persons age 21 or older), Cities may reduce those buffer distances to not less than 100 feet except for schools and playgrounds. Attachments A, B and C show the effect of the 1,000, 300 and 500- foot buffers around the above uses. Reducing these buffer distances where allowed would increase the location options for cannabis businesses. Which, if any, buffers would the Council consider reducing? Cunrent Licenses Through thel-502 rulemaking process, the Liquor and Cannabis Board adopted regulations on the number of cannabis retail store licenses for jurisdictions, determining a maximumof two for Tukwila. A third cannabis retail license was granted in Tukwila as part of the social equity effort per E2SHB 2870 and SB 5080. All cannabis licensing is regulated and enforced by the Washington State Liquor and Cannabis Board. There are currently active licenses for Tukwila's three retail allotments: Mount Baker Retail Partnership, LLC (12539 E Marginal Way S), Dash & Wrigley ILLC (13003 Tukwila lInternational Boulevard), and Kahn Holding (5301 Southcenter Blvd, Suite B). None of these are open and operating currently, likely due to difficulty finding appropriate Ilocations. Licensed retailers are required to be open and operational, but licenses can be held without opening if they obtain a title certificate relieving them of the requirement to be open based on a moratorium, ban, or other zoning restriction, or if the business is temporarily discontinued while they move locations. Sales, B&O and Excise Tax Revenue Active cannabis retail stores would generate three separate revenue streams: excise tax, sales tax, and B&O tax, The state cannabis excise tax and its distribution has changed over time and can be altered in any future legislative session. The State currently taxes cannabis through a single excise tax of 37% at the time of retail sale, in addition to the regular state and local sales tax, and $30M of that statewide revenue is shared with cities, towns and counties. There are two components to the distributions: 1) per capita share to all jurisdictions that allow the siting of producers, processors and retailers; 2) retail share to all jurisdictions where licensed retailers are physically located and in proportion to total statewide retail sales, Tukwila does not have any open and operating cannabis businesses and therefore does not receive sales -based revenue, Tukwila's per capita distribution has been: Year* 2024 Revenues S37,276 202.3 S36„.302. 2022 S32,334 2021 S24,013 202 523,419 2019 S23,123 2018 523,364 ate Fiscal Year: Jiily 1 - J rie 30 3 INFORMATIONAL MEMO Page 3 Beyond the excise tax, cannabis retail operations would generate sales and B&O tax. For every $1 million in cannabis sales, the City could expect to receive $9,000 in annual sales tax revenue (10% tax rate less the fee taken by the state for collection). Staff looked up average retail sales within 5-miles of a cannabis retailer in the Ikea District of Renton, and for Jan -December 2023, the average per store was $4.1 million. Hypothetically, if three retailers in Tukwila had combined yearly sales of $12M, the City could receive $108,000 of sales tax and $6,000 in B&O tax in addition to the increased excise revenue described above. Another hypothetical example comes from the City of Covington, which has two cannabis retailers and a residential population similar to Tukwila. In 2023, the two Covington retailers had combined sales of $12.8 million. Using this as another hypothetical scenario, the City could receive $173,000 in sales tax and $9,000 in B&O tax. It is difficult to estimate what Tukwila would receive for its tax share if the three state -issued licenses were open and operational businesses. The excise tax formula depends not only on population but also on cannabis retail sales as a proportion of total retail sales, as well as the number/total population of cities and counties that prohibit marijuana. MRSC used to offer an estimate calculator but discontinued it due to complexity of the formula. While the revenue potential is difficult to predict, we can look to neighboring jurisdictions for insight, while recognizing that their larger residential populations result in greater shares than Tukwila would receive in similar circumstances. The chart below shows the 2024 cannabis excise revenue for neighboring cities with open retailers: City (number of locations) Population 2024 Cannabis Excise Revenue* Burien (2) 50,216 $164,000 Auburn (4) 83, 757 $238,000 Des Moines (2) 32, 177 $135,000 Renton (4) 102,716 $300,000 Covington (2) 21,374 $104,942 *State Fiscal Year: July 1 - June 30 Based on these scenarios, if three retail locations were open and operational, Tukwila could expect to see between $200,000 and $275,000 in tax revenue annually. Crime & Safety around Retail Locations Cannabis retail stores are frequent targets for theft, typically in the form of armed robberies or smash and grab burglaries. Cannabis retailers have access to state -chartered credit unions and banks for financial services, and there are a number of institutions in Washington that provide service to the industry. The table below demonstrates the incidents of all robberies and burglaries in the state. It is important to note that in 2021, the State changed the police pursuit law, limiting the ability of officers to pursue suspects. In 2023, the law was changed to again allow police to pursue drivers if there is reasonable suspicion that a crime has occurred. This took effect on June 6, 2024. 4 INFORMATIONAL MEMO Page 4 120 100 80 60 40 20 0 Robberies and Burglaries at. Cannabis Stores �A State 2017 2018 2019 2020 2021 2022 2023 2024 2025 Source: Uncle Ike's i502 Robbery Tracker Alarms and surveillance systems are required at cannabis locations per WAC 314-55-083. Through the code update process, the City Council could consider establishing permitting requirements designed to address theft and crime concerns. Some suggestions are bollards to prevent cars from being used to smash open doors, commercial -grade non-residential door locks and/or window locks, and shatter resistant window film. RECOMMENDATION The Committee provided direction on the following topics: • Any additional zones to allow cannabis retail uses: RCM, TUC -CC, and TUC-WP; • Any changes to buffer distances from sensitive uses: Retain 1,000' buffers around schools, playgrounds and parks and potentially reduce others to 300' or 500'; and • Any security features above those required by the State: Require bollards, commercial door and window locks, shatter resistant window film and lighting. The draft ordinance in Attachment D reflects this guidance. The Council is being asked to hold a public hearing at the Committee of the Whole meeting on August 25th and consider approval of the ordinance at the September 8th, 2025 Special Meeting. ATTACHMENTS A. Map showing current cannabis zoning and buffers in Tukwila B. Map showing 300 foot cannabis buffers C. Map showing 500 foot cannabis buffers D. Draft Ordinance 5 6 Cannabis Prohibited Zoning District HI TVS 111 111 Faci Restrictions on Cannabis ities (1 MO ft) Cannabis. facilities are currently only permitted in the HI and TVS zoning districts. 0,5 1 Miles 2/24/2025 vt: Cannabis Facilities Prohibited School/ Playground —1 Public Park Zoning District MI RCM ME TUC -CC TUC-WP HI TVS Restrictions on Cannabis Facilities 300 ft) Fewer restrictions could allow cannabis facilities in more commercial and industrial zoning districts, if permitted. Illllli IMI 11111111111111111 Schools, playgrounds, and public parks maintain a 1,000 ft buffer. 'Ra 0 OE5 1 Miles 7 7/24/2025 8 Cannabis Facilities Prohibited School/ Playground �:.�...:..b Public Park Zoning District RI RCM inJJ TUC -CC TUC-WP HI TVS Restrictions on Cannabis Facilities 00 ft) Fewer restrictions could allow cannabis facilities in more commercial and industrial zoning districts, if permitted. Schools, playgrounds, and Public parks maintain a 1,000 ft buffer. 0 Miles 7/24/2025 NOTE: Shaded text denotes changes made after the August 11, 2025 Planning and Community Development Committee meeting. See pages 3 and 4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING CANNABIS USE REGULATIONS; AMENDING ORDINANCE NOS. 2741 §3 (PART) AND 2765 §87; AS CODIFIED AT TUKWILA MUNICIPAL CODE TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS," AND TMC SECTION 18.50.210; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which cannabis producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Liquor and Cannabis Board ("LCB") has issued three licenses for cannabis retailers within the City of Tukwila; and WHEREAS, cities, towns, and counties in Washington State can choose to prohibit or to designate appropriate zones for state -licensed cannabis businesses because Washington local governments have authority to enact legislation regulating land uses within their jurisdictions; further, cities, towns, and counties may file objections to the granting of a state license at a particular location, and the LCB must give "substantial weight to objections"; however, the LCB has final authority over whether to grant or deny a state license to operate a cannabis business in Washington State per RCW 69.50.331(10); and WHEREAS, the City Council has studied the land use and other secondary impacts of recreational marijuana use, and intends to update the zoning ordinance controlling these uses; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a threshold decision for this draft ordinance on July 22, 2025, which was not appealed; and WHEREAS, on August 25, 2025, following adequate public notice, the City Council held a public hearing on the draft zoning ordinance; and 2025 Legislation: Title Cannabis Regulations Version: 8/18/25 Staff: N. Gierloff Page 1 of 5 9 WHEREAS, the City Council after due consideration, believes that certain amendments to the City's zoning code are necessary addressing use districts, buffer distances, and safety features; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2741 §3 (part) and 2765 §87 (part), as codified at various sections of Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," is hereby amended to read as follows: 18.06.551 Canna is " arijuana annaJl iii "means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 18.06.552 Cdnnqllllliun Processor "ManJuana '" °"ip°ia.Ilsis processor" means a person licensed by the state Liquor and processj i,mp°ip°iimllsii, whether medical or recreational, into Cannabis Board to an uan i:: ° , marijuanacannalislis concentrates, useable rij a :m.i..�....°.....�..land rijua wl infused products; package andlabel anijuanaiilinJ!s concentrates, useable - :o , bI s and marijuanai d i„p„°„pp„°„pii„Ili ios-infused products for sale in retail outlets; and m anJ uana�i�'���'�;'��:�i'�!i.!L.:.L.:.�iI�I�I�Ii.�.1..i;���. J oo.. tI . and sellmanJuanai":�''iII°:i!L°:iillllJ"II:" concentrates, useable �nan uan�i,'�'J.L.:....:....`;J....L:". rij a ai;d'i!I::i!nilil !o infused products at wholesale to arij i;d'i!I::iU°:iillllJll !L:" retailers. 18.06.553 C;m:Innlllllliiis Producer "MarijuanaCannabOs producer" means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuanas:aiin,.Inab.i.s, whether medical or recreational, at wholesale to marijuanacaninall is processorsj inn II�'�s producers. andother manuana qL............�.....IL...... 18.06.554 Canna llliiiis Retailer "Marijuanaapnpnglbiis retailer" means a person licensed by the state Liquor and Cannabis Board to sell marijuanacaninalbiis concentrates, useable marijuanasa,pnpnglbii,s, and marijuanacapnpnglbiis infused products in a retail outlet, for either recreational or medical use. 18.06.557 Cdnn1llll is -infused Products "Mari uana�,, ��� -infused products" means products that contain mJ .. �A.i,i.il°:i.il°:ii i.sil.i:`. arij a i;;;,;iill°:ip°iiilli iii; or arij a i;;;,;dip°ip°iiilliios extracts; are intended for human use, whether medical or recreational; and have a THC concentration within the limits set forth in RCW 2025 Legislation: Title Cannabis Regulations Version: 8/18/25 Staff: N. Gierloff Page 2 of 5 10 69.50.101. e term"marijuanac-infused products" does not include either :il''''�!I::�!I°:�� �...!L". useable marijuanaganog21,a or marijuanagar21240J1 concentrates. 18.06.558 anlllis Concentrates " an uana��" ��� concentrates" is as defined under RCW 69.50.101. J .. �A.� �.il°:i.il°:i.1IIIg1'.L1:`. 18.06.864 Useable C aIllrlllrlll'i "Useablemarijuana;,,,,,;; II°:II°:lllll" Ios" means dried marijuananahrhabos flowers. The term "useable marijuana ;d 11::11::plill.11 .!L" .�' does not include marijuana;,,,,,,d' .,II°:i..II':i.lilt 21,1" infused products. Section 2. Ordinance Nos. 2741 §3 (part) and 2765 §87 (part), as codified at TMC 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: II i.h.. p..uuuu..i...0 II i.h. ..0 ..uuId.. of aut(00000 Il..uuu..uIi.hu 2025 Legislation: Title Cannabis Regulations Version: 8/18/25 Staff: N. Gierloff Page 3 of 5 11 fi„„„fi b II II rys arS boll Dards at Ei,',,firfit ra andS lh a rE'fiLs II:!,„st a nt 11"i II ruruo n a II II n d \,,,E,',fi! \ Al 0 n d „ II II dc)c)r a n d Al 0 n d c)w S lh a II b ruruo a II ra d „ (:„Efirfinab0"(3 bfi„„„fis t ry„; S lh a II II Violations. 1. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in TMC 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. 2. Any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45 and the issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Notice of Violation and Order is achieved. 3. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. 4. Any penalties imposed under this section may be doubled should the violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or secondary school 02„“j11211L0221„7- i2r playground or W lh r 300 o 15- recreation center or facility, child care center, public park, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55-010 as now enacted or hereafter amended. G. Medical • • canna fis : Growth of medical marijuana c fis for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW 69.51A. on • Cooperative prohibited: The establishment, location, operation, licensing, maintenance or continuation of a cooperative, as described in RCW 69.51, or medical 2025 Legislation: Title Cannabis Regulations Version: 8/18/25 Staff: N. Gierloff Page 4 of 5 12 cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of the City. Any person who violates this subsection (TMC 18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. 111 j . Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the TMC. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2025. ATTEST/AUTHENTICATED: Andy Youn-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: Office of the City Attorney Ordinance Number: 2025 Legislation: Title Cannabis Regulations Version: 8/18/25 Staff: N. Gierloff Page 5 of 5 13 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes August 11, 2025, 5:30 p.m. - Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present: Hannah Hedrick, Chair; Verna Seal Staff Present: Laurel Humphrey, Marty Wine, Max Baker Chair Hedrick called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Ordinance: Cannabis Retail Zoning Staff followed up the Committee's previous direction with a draft ordinance that would allow cannabis retail in the Regional Commercial Mixed Use, Tukwila Urban Center Commercial Corridor, and Tukwila Urban Center Workplace zones, and require enhanced security measures. Committee members discussed the proposal including the new requests for additional zones submitted by industry members. Committee members expressed approval of RCM, TUC -CC and TUC-WP zone proposal and 300-foot buffers for all categories but parks, playgrounds and schools. Item(s) for follow-up: Provide additional maps reflecting inclusion of CLI, TUC -RC, and TUC-TOD zones and in relation to allowed residential uses. Committee Recommendation * Forward to August 25, 2025 Committee of the Whole. B. Washington State Renter Protection Update Staff provided an overview of the provisions in House Bill 1217 as well as the last draft tenant protection ordinance before the City Council in 2024. Committee Recommendation Discussion only. Return to Committee in 4th Quarter. MISCELLANEOUS The meeting adjourned at 6:26 p.m. HH Committee Chair Approval 14 Cannabis Facilities Prohibited School/ Playglraund Public Park Zoning District C/LI - Commercial/Light Industrial S1 RCM - Regional Commercial Mixed -Use TUC-TOD Transit Oriented Development TUC -RC - Regional Center TUC-P - Pond NO TUC -CC - Commercial Corridor TUC-WP - Workplace HI - Heavy Industrial TVS - TukwiiIIa Valley South Fa c i Restrictions on Canna b i s lities (300 ft) Fewer restrictions could allow cannabis facilities in more commercial and industrial zoning districts, if permitted. Schools,. playgrounds, and public parks maintain a 1,000 ft buffer. 0,5 Muller 15 16 COUNCIL AGENDA SYNOPSIS lnitthJ Meng Date 08/25/25 Prpared by Afayeri review Council review' ITEM INFOR MATIO N ITEM No. Spec 3.B. STAFF SPONSOR: JOSH HOPIUNS ORIG]tNAL AGENDA DATE: 08/25/25 AGENDA ITEM TITLE Gilliam Creek Culvert Erosion Repair - Bid Award CATEGORY 1-1 Dmaission MtsDate --.1 Motion MIEDate [] liesolution MtsDate Orrliname MtsDate J Bid Award MtsDate 8/25/25 r"--1 Public Hearin Mt& Date --1 Other ilf1;e, Dar SPONSOR [-- Cotou'd [—ilidruyof FriliK --.1DCD LiFtha) ce — Fire FITS riP&R n Police -11— Court SPONSOR'S Bids were advertised June 30 and July 7, 2025, and opened July 15, 2025. Five (5) bids SUMMARY were received. The lowest responsive bidder was Olson Brothers Excavating, Inc., at $346,606.55. This is after two others were unable to meet contract or scheduling requirements. This project will correct the erosion of the streambed and restore vegetation. Council is being asked to approve the construction award with Olson Brothers Excavation, Inc. in the amount of $346,606.55 for the Gilliam Creek Culvert Erosion Repair project. REVIEWED BY Trans&Intiastiuctute H CommunitySvs/Safetty Finance Comm. Planning/Economic Dev. H Art s Comm. [1 Paiks Comm. ri Planning Comm. 08/25/25 COMMITTEE CI IAIR: ABDI P1 LTAC DATE: RECOMMENDATIONS: SPONSOR/ADAEN. Public Works Department COST IMPACT / FUND SOURCE EXPENDrruRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $346,606.55 $479,639.00 $0.00 Fund Source: KING COUNTY FLOOD CONTROL DISTRICT FLOOD REDUCTION GRANT Comments: Gilliam Creek Erosion Repair CIP MTG. DATE 0 /25 25 RECORD OF COUNCILACTION MTG. DATE ATTACHMENTS 08/25/25 Informational Memorandum dated 08/22/25 CIP Sheet - Gilliam Creek Erosion Repair Bid Tabulation Contract Bid Results 1 7 Thomas McLeod, Mayor TO: FROM: BY: CC: Public Works Department - Jen Tetatzin, PE, PMP - Director Transportation and Infrastructure Services Committee Jen Tetatzin, Public Works Director Josh Hopkins, Project Manager Mayor Thomas McLeod DATE: August 22, 2025 SUBJECT: Gilliam Creek Culvert Erosion Repair Project No. 82541202 Construction Bid Award ISSUE Request Council approval to award the construction contract for the Gilliam Creek Culvert Erosion Repair to Olson Brothers Excavation, Inc. the 3rd lowest responsive and responsible bidder, in the amount of $346,606.55. BACKGROUND The Gilliam Creek bank upstream of the 66th Ave South roadway culvert has experienced progressive scour during major storm events, threatening the road embankment. The project will armor the bank and culvert inlet with rock and boulders, reinforce the embankment with permeable ballast, and restore vegetation. Construction will occur within the permitted in -water work window (Aug.1—Sept. 30) and is expected to take about 18 working days. DISCUSSION Bids were advertised June 30 and July 7, 2025, and opened July 15, 2025. Five (5) bids were received; three were above and two below the engineer's estimate of $339,834.76 with sale tax. The lowest responsive bidder was Olson Brothers Excavating, Inc., at $346,606.55 (8% overestimate). The low bidder failed to execute the contract within 10 days, and the second lowest intended to defer construction to 2026. Under the Notice to Bidders, the City may reject bids to protect public interests; construction in 2025 is necessary to safeguard infrastructure and public safety. FINANCIAL IMPACT Construction costs associated with the Gilliam Creek Culvert Erosion Repair Project are funded by a King County Flood Reduction grant of $479,631.00 and $161,381.53 Surface Water Fees. Contract Design - Otak Contract Const. Mngt. - Psomas Const. Record of Eng. - Otak Contract w/sales tax. Contingency — 15% Total: Amount Funding Amount $116,500.00 King County Flood $98,915.00 Control Flood $27,000.00 Reduction Grant $479,631.00 $346,606.55 Enterprise 412 - Surface $51,990.98 Water Fees $161,381.53 $641,012.53 Total: $641,012.53 RECOMMENDATION Council is being asked to approve a construction contract award with Olson Brothers Excavation, Inc. in the amount of $346,606.55 plus contingency for the Gilliam Creek Culvert Erosion Repair Project and consider this item, same day, at the August 25, 2025 Special meeting. Attachments: CIP Sheet, Bid Tabulation, Contract, Bid Results Tukwila City Hall * 6200Sou thcenterBoulevard • Tukwila, WA 98188 • 206-433-.t8 • Website: TukwiiaWA4. ov 18 CITY OF TUMI LA CAPITAL PROJECT SUMMARY 2025 to 2030 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111110 PROJECT: Prof t IManu DESCRIPTION: JUSTIFICATION: STATUS: Gilliam Cree k Erosion Repair Project # 82541202 Joshua Hopkins Department Surtax Water Stabilize and protect eroded streambank slopes upstream of'the 66th Ave S culvert inlet This (project' Is intenudedi to protect the.. z t[ A Southcenter. pre The project, has been sopped for design„ rrnitting'' and construction and a grant �,��II Control strict to cover ali costs, ding to heflood MAC is for three years, so 3x $8,400. Mitigation is expected in the form of vegetation restoration for MAINTENANCE IMPACT: temporary and permanent impacts, cost is unknown. COMMENT: This work ist000cuTduring the Iinw work indowtor theOreenRiver and Fill mitigation for project impacts to aquatic and stream bu habitat. FINANCIAL. (In thousands) 2025 2026 2027 2028 J 2029 2030 Beyond TOTAL. Pr©ject Costs Design. Construction Mgmt. Construction $ 128 $ 90 $ 263 $ $ $ $ $ $ $ $ $ Totat Project Costs Project Funding Propos; l Grant 481 481 Total Project Funding 481 $ 128 $ 90 $ 263 $ 481 $ 481. $ 481 UIJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJI�ll�1)�laUl�lll!))lUd 19 Northwest Cascade, Inc No. Iltem Description I Qty I Unit I Unit Price I Amount I Unit Price I Amount I Unit Price I Amount I Unit Price I Amount I Unit Price I Amount I Unit Price I Amount BASE BID ITEMS $ 97,000.00 $ 15,000.00 $ 1,000.00I $ 67,000.00 $ 37,000.00 $ 2,500.00 $ 44,000.00 $ 3,200.00 $ 22,050.00 $ 6,750.00 $ 220.00 $ 5,000.00 $ 1,950.00 $ 4,950.00 $ 1,125.00 $ 11,250.00 $ 7,250.00 $ 3,770.00 $ 2,030.00 $ 51,150.00 $ 918.00 $ 41,000.00 I $ 51,000.001 $ 51,000.00 $ 477,113.00 §! K 00'OOO' 9 $ 00.000'L $ $ 37,000.00 $ 125.00 $ 44,000.00 $ 20.00 $ 105.00 $ 6,750.00 §§§§ =}® $ 45.00 $ 225.00 $ 25.00 $ 13.00 §§ _ $ 102.00 $ 41,000.00 Southworth & Sons, LLC $ 38,950.00 $ 15,000.00 $ 14,096.76 $ 35,794.41 $ 35,474.28 $ 11,089.00 $ 17,196.76 $ 6,374.40 $ 21,264.60 $ 18,000.00 $ 52,268.28 $ 32,869.38 $ 847.50 $ 2,271.50 $ 625.00 $ 2,250.00 $ 3,480.00 $ 1,519.60 $ 870.00 $ 26,248.20 $ 9,249.30 $ 25,023.45 $ 36,546.281 $ 36,546.28 $ 407,308.701 $ 38,950.00 $ 1.00 $ 14,096.76 $ 35, 794.41 '71}}\/// $ 26,134.14 $ 32,869.38 t; $ 25.00 $ 45.00 §% $ 3.00 $ 79.54 $ 1,027.70 $ 25,023.45 Olson Brothers Excavating, Inc $ 31,000.00 $ 15,000.00 $ 3,500.00 $ 18,600.00 $ 23,700.00 $ 2,400.00 $ 26,880.00 $ 2,100.00 $ 280.00 $ 8,300.00 $ 3,750.00 $ 3,300.00 $ 1,225.00 $ 12,600.00 $ 7,250.00 $ 3,480.00 $ 1,740.00 $ 46,200.00 $ 3,420.00 $ 32,000.00 $ 36,000.00 I $ 36,000.00 $ 314,525.001 ma $ 3,500.00 $ 18, 600.00 $ 25, 800.00 $ 300.00 $ 23,700.00 $ 15.00 $ 128.00 $ 2,100.00 $ 140.00 $ 8,300.00 $ 25.00 $ 6.00 $ 49.00 $ 252.00 $ 25.00 $ 12.00 am $ 380.00 $ 32,000.00 TMC Contractors, LLC $ 26,600.00 $ 15,000.00 $ 2,000.00 $ 15,000.00 $ 10,310.00 $ 13,990.00 $ 6,700.00 $ 4,169.60 $ 42,699.30 $ 3,200.00 $ 1,400.00 $ 6,280.00 $ 9,450.00 $ 5,731.00 $ 2,000.00 $ 12,400.00 $ 9,651.20 $ 9,651.20 $ 6,000.10 $ 38,451.60 $ 5,030.01 $ 17,020.00 $ 20,750.00I $ 20,750.00 $ 283,484.011 §!§§ K 82 $ 10,310.00 $ 699.50 $ 6,700.00 $ 26.06 $ 203.33 $ 3,200.00 $ 700.00 $ 6,280.00 $ 63.00 $ 10.42 $ 80.00 $ 248.00 §§f/ " ^_ $ 558.89 $ 17,020.00 Hoffman Construction, Inc $ 15,300.00 $ 15,000.00 $ 5,000.00 $ 15,000.00 $ 11,700.00 $ 12,700.00 $ 6,450.00 $ 2,000.00 $ 11,550.00 $ 1,200.00 $ 170.00 $ 2,250.00 $ 4,350.00 $ 2,750.00 $ 605.00 $ 2,450.00 $ 4,735.70 $ 24,024.00 $ 2,295.00 $ 4,400.00 $ 13,250.00I $ 13,250.00 $ 165,734.701 ma 00.000'9L $ 00'000'2 $ $ 11,700.00 $ 635.00 22225,4 $ 85.00 $ 2,250.00 $ 29.00 $ 5.00 $ 24.20 $ 49.00 $ 24.15 $ 5.35 $ 16.33 $ 72.80 $ 255.00 $ 4,400.00 Engineer's Estimate $ 31,000.00 $ 15,000.00 $ 2,500.00 $ 30,000.00 $ 4,000.00 $ 2,000.00 $ 20,000.00 $ 1,280.00 $ 21,000.00 $ 15,000.00 $ 220.00 $ 8,000.00 $ 3,000.00 $ 3,850.00 $ 250.00 $ 2,000.00 $ 7,250.00 $ 2,900.00 $ 3,480.00 $ 24,750.00 $ 900.00 $ 70,000.00 LS I $ 40,000.00 $ 308,380.001 LS LS LS $ 8.00 $ 25.00 $ 10.00 23 Temporary Stream Diversion I 11 LS Base Bid Item Total Amount Mobilization Unexpected Site Changes Spill Prevention, Control & Countermeasures (SPCC) Plan Project Temporary Traffic Control (Minimum Bid $15,000) Clearing and Grubbing Channel Excavation Incl. Haul Dewatering Construction Geotextile for Separation Permeable Ballast Erosion Control and Water Pollution Prevention Inlet Protection Stabilized Construction Entrance Coir Log High Visibility Fence PSIPE Sitka Willow 3ft Live Stake PSIPE Plant Stock Soil Tube Topsoil Type A Compost Seeding, Fertilizing and Mulching Light Loose Riprap Streambed Cobbles 6 In. Streambed Boulder Toe and Culvert Inlet Protection Northwest Cascade, Inc 16. 64 04 64 oi Southworth & Sons, LLC Olson Brothers Excavating, Inc td LAI olv TMC Contractors, LLC � 64 019 04 64 Hoffman Construction, Inc oo Engineer's Estimate 1,9 4.9 oo com 7.1 Ot 10 Oh 1a {(di to Mike Perfetti 20 C-1 AGREEMENT FORM CONTRACT NO. THIS AGREEMENT is made and entered into on this day of , 20_, by and between the City of Tukwila, Washington (Owner') and ("Contractor"). Now, therefore the parties agree as follows: 1. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled GILLIAM CREEK CULVERT EROSION REPAIR, Project No. 82541202, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Supplemental General Requirements. 2. Payments. Owner shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 3. Completion Date. Contract time shall commence upon Owner's Notice to Proceed date. The Work under this Agreement shall be completed within the time specified in the Proposal. If the Work under this Agreement is not completed within the time specified, as detailed in the Contract Documents, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to Owner as specified in the Proposal. 4. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 5. Disclaimer. No liability of Contractor shall attach to Owner by reason of entering into this Agreement, except as expressly provided in this Agreement. 6. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. CITY OF TUKWILA, WASHINGTON (Owner) (Contractor) By: By: Mayor Title: Attest: This day of Attest: , 20 This day of , 20 City Clerk Approved as to Form: Contractor's License No. City Attorney Address for giving notices: Address for giving notices: Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 21 C-2 PAYMENT AND PERFORMANCE BOND Bond to City of Tukwila, Washington Bond No. We, , and (Principal) (Surety) a corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Tukwila, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Payment and Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20_ , between Principal and Owner for a project entitled GILLIAM CREEK CULVERT EROSION REPAIR , Contract No. ("Contract"). The initial penal sum shall equal 100% of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Payment and Performance Bond shall be satisfied and released only upon the condition that Principal: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material men, and all other persons or agents who supply labor, equipment, or materials to the Project; • Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and • Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. The liability of Surety shall be limited to the penal sum of this Payment and Performance Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Payment and Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Payment and Performance Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Payment and Performance Bond without the prior written consent of Surety. 22 Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Payment & Performance Bond C-3 This Payment and Performance Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Surety Signature of Authorized Official Signature of Authorized Official By Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Rev.4-15-09 23 P-1 PROPOSAL (unit price) Contractor's Name Olson Brothers Excavating, Inc. Contractor's State License No. OLSONBE113N3 City of Tukwila Project No. 82541202 To the Mayor and City Council City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled GILLIAM CREEK CULVERT EROSION REPAIR, which project includes but is not limited to approximately 60 linear feet of streambank improvements within Gilliam Creek, upstream of the 66th Ave S culvert, repair of eroded areas by placing streambed boulders for embankment toe reinforcement and culvert inlet protection, backfilling with ballast and riprap, installing plant stock tubes and live stakes; And, other items necessary to complete the Work as shown on the Contract Documents; and has read and thoroughly understands these Documents which govern all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. As evidence of good faith, (check one) El bid bond or 0 cash, 0 cashier's check, 0 certified check, or 0 postal money order made payable to the City of Tukwila equal to five percent (5%) of the Total Bid Price is attached hereto. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and furnish the required Payment and Performance Bond and liability insurance within ten (10) calendar days after Notice of Award, the Contract shall be null and void and the Bid Deposit or Bond accompanying this Proposal shall be forfeited and become the property of Owner as liquidated damages, all as provided for in the Bid Documents. Bidder shall attain Physical Completion of all Work in all respects within 18 working days from the date stated in the written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1-08.9 of the Standard Specifications for every calendar day work is not Physically Complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Pro2ed to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-2 GILLIAM CREEK CULVERT EROSION REPAIR - SCHEDULE A Project No. 82541202 Note: Unit prices for all items, all extensions, and the total amount bid must be shown. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. For Schedule A, do not include applicable Retail Sales Tax in the various Unit and Lump Sum prices, but instead add Sales Tax to the end sum as shown. Item No. Item Description Quantity Unit Unit Price Amount ROADWAY 1 Mobilization 1 LS �j1iCal)- Gi ' I,MD-C(-T 2 Unexpected Site Changes 15,000 EST $1.00 $15,000.00 3 Spill Prevention, Control & Countermeasures (SPCC) Plan 1 LS &SZ; 'r-Y) j . CXD 4 Project Temporary Traffic Control (Minimum Bid $15,000) 1 LS 1E5 iC 3 LT) 19~ ticM.(y) 25M1).() 5 Clearing and Grubbing 1 LS ` ,V.) 6 Channel Excavation Incl. Haul 20 CY `?� ..CO f) ur be, 7 Dewatering 1 LS LZ:')CO M 2 , •)() 8 Construction Geotextile for Separation 160 SY icy CY) 2 1LD( 9 Permeable Ballast 210 TN 12 . c 2. 6� 2Se' , ROADSIDE DEVELOPMENT 10 Erosion Control and Water Pollution Prevention 1 LS i2t a),c 2 , t C 11 Inlet Protection 2 EA iL10,Oj !SC 12 Stabilized Construction Entrance 1 LS 9-5-a\acC)'? 26 . D ,L j (_` ) -;]1). nC 13 Coir Log 150 LF 14 High Visibility Fence 550 LF /0 ,. c% ' :J�[ ._ 15 PSIPE Sitka Willow 3ft Live Stake 25 EA % ,CCt /122 1) 16 PSIPE Plant Stock Soil Tube 50 EA '2'20 j•2 kfY-). CY. J 17 Topsoil Type A 290 SY 2_,," ,OD 124-J6..0e) F-`L4>.0i 18 Compost 290 SY 1 Z. on 19 Seeding, Fertilizing and Mulching 290 SY (c, , OG 4 7G/6, 00 20 Light Loose Riprap 330 TN /4.,/6 . 40 46,261j• On 21 Streambed Cobbles 6 In. 9 TN _:30),rj 3 2E)• t () 22 Streambed Boulder Toe and Culvert Inlet Protection 1 LS a.�eC irJ > 23 Temporary Stream Diversion 1 LS , ji e -l.. j ,ji('j r b K . 00 Gilliam Creek Culvert Erosion Repair Schedule A Subtotal $ 7Th )4 ‘C.S.255 Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 25 P-3 TOTAL OF SCHEDULES: Schedule A brought forward Sales Tax @ 10.20 % $ Schedule A Total $ L ,loC `3 $ 4 Lj t(3rAo:rsS TOTAL BID PRICE $ 2J-A (t), () bLP: 5 S Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Pr2&led to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-4 Bids Submitted on Computer Printouts Bidders, at their option, in lieu of hand writing in the unit prices in figures in ink on the Bid forms above, may submit an original computer printout sheet with their bid, as long as the following requirements are met: 1. Each sheet of the computer printout must contain the exact same information as shown on the hard - copy bid form — Project Name, Schedule Name, column headings — in the order shown, totals, etc. 2. The computer printout of the Bid Proposal must have the exact certification language shown below, signed by the appropriate officer of the firm. 3. If a computer printout is used, the bidder must still execute that portion of the unit price Bid form which acknowledges the Bid Guaranty, Time of Completion, and all addenda that may have been issued, etc. If any of these things are missing or out of order, the bid may be rejected by the Owner. The unit and lump sum prices shown on acceptable printouts will be the unit prices used to tabulate the Bid and used in the Contract if awarded by the City. In the event of conflict between the two, unit Bid prices will prevail over the extended (Total) prices. If the Bid submitted by the bidder contains both the form on these Bid Proposal sheets, and also a computer printout, completed according to the instructions, the unit bid prices shown on the computer printout will be used to determine the bid. Put this certification on the last sheet of the Bid computer printout, and sign: (YOUR FIRM'S NAME) certifies that the unit prices shown on this complete computer print-out for all of the bid items contained in this Proposal are the unit and lump sum prices intended and that its Bid will be tabulated using these unit prices and no other information from this print-out. (YOUR FIRM'S NAME) acknowledges and agrees that the total bid amount shown will be read as its total bid and further agrees that the official total Bid amount will be determined by multiplying the unit Bid prices shown in this print-out by the respective estimated quantities shown once Bid form then ling all of the extended amounts. Signed: Title: Steve Olson, Vice President Date: 7-15-2025 Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 27 P-5 By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. Date of Receipt Addendum No. 1 3 2 4 Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that Bidder has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The Surety Company which will furnish the required Payment and Performance Bond is Travelers Casualty & Surety Company of 1201 Pacific Ave., Suite 1000, Tacoma, WA 98402 (Name) (Address) Bidder: Olson Brothers Excavating, Inc. Signature of Authorized Official: Printed Name and Title: Steve Olson, Vice President Address: 6622 112th St. E., Puyallup, WA 98373 Circle One: Individual / Partnership / State of Incorporation: Washington Joint Venture / Corporation Phone No.: 253-770-3844 Date: 7-15-2025 This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES: 1. If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). 2. A bid must be received on all items. If either a unit price or an extension is left blank (but not both) for a bid item, the Owner will multiply or divide the available entry by the quantity, as applicable, and enter it on the bid form. If there is no unit price or extension for one or more bid item(s), the proposal will be rejected. Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Prc&ied to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-6 BID SECURITY Bid Deposit: The undersigned Principal hereby deposits a Bid Deposit with the City of Tukwila in the form of a cash deposit, certified or cashier's check, or postal money order in the amount of dollars ($ ). -- OR -- Bid Bond: The undersigned, Olson Rrnthers Fxcavating Inc (Principal), and Travelers Casualty and Surety Company of America (Surety), are held and firmly bound unto the City of Tukwila (Owner) in the penal sum of Five Percent (5%) of Bid Amount dollars ($ 5% of Bid Amount ), which for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. The liability of Surety under this Bid Bond shall be limited to the penal sum of this Bid Bond. Conditions: The Bid Deposit or Bid Bond shall be an amount not Tess than five percent (5%) of the total bid, including sales tax and is submitted by Principal to Owner in connection with a Proposal for GILLIAM CREEK CULVERT EROSION REPAIR, Project No. 82541202, according to the terms of the Proposal and Bid Documents. Now therefore, a. If the Proposal is rejected by Owner, or b. If the Proposal is accepted and Principal shall duly make and enter into an Agreement with Owner in accordance with the terms of the Proposal and shall furnish a bond for the faithful performance of said Project and for the payment of all persons performing labor or furnishing materials in connection therewith, with Surety or Sureties approved by Owner, then this Bid Security shall be released; otherwise it shall remain in full force and effect and Principal shall forfeit the Bid Deposit or Surety shall immediately pay and forfeit to Owner the amount of the Bid Bond, as penalty and liquidated damages. The obligations of Surety and its Bid Bond shall be in no way impaired or affected by any extension of time within which Owner may accept bids; and Surety does hereby waive notice of any such extension. Signed and dated this 15th day of July Olson 6rnthArs Fxcavating Inc ,2025 Travelers Casualty and Surety Company of America Principal l% Surety Signature of Authorized Official Steve Olson, Vice President By Li[.(ilz_a_ e/tad_6(„..___ Att ney in Fact (Attach Power of Attorney) Julie A. Craker Title Name and address of local office of Propel Insurance agent and/or Surety Company: 1201 Pacific Avenue, Suite 1000 Tacoma, WA 98402 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 29 TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make, constitute and appoint Julie A Craker of TACOMA , Washington , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 16th day of February, 2024. State of Connecticut City of Hartford ss. By: Bryce Grissom, Senior Vice President On this the 16th day of February, 2024, before me personally appeared Bryce Grissom, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 15th day of July , 2025 • Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. 30 P-7 STATE OF WASHINGTON ) COUNTY OF KING ) NON -COLLUSION DECLARATION ss. The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named GILLIAM CREEK CULVERT EROSION REPAIR, Project No. 82541202. a`,a�err7rerrrrrgr ` s 44/ .R\J ems° C s,B`�(r Pllf Idi06kP®1�+ � Signed and sworn to bef Q Signture of Notary Pu Olson Brothers Excavating, Inc. Name of Firm Signature of Authorized Official Steve Olson, Vice President Title on this j 15 day of July , 20 25 and for the tate of Washington, residing at Tacoma, WA My appointment expires: -15-2025 SEAL To report bid rigging activities call: NOTICE TO ALL BIDDERS 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 31 P-8 RESPONSIBLE BIDDER DETERMINATION FORM Attach additional sheets as necessary to fully provide the information required. Name of Bidder: Olson Brothers Excavating, Inc. Address of Bidder: 6622 112th St. E. Puyallup, WA 98373 City Contractor's License No. OLSONBE113N3 License Bond Registration No. 103334409 State Zip Code WA State UBI No. 601-161-685 Dept. of L&I Worker's Comp. Acct. No. 565,502-00 Bidder is a(n): 0 Individual 0 Partnership 0 Joint Venture 1311 Incorporated in the state of List business names used by Bidder during the past 10 years if different than above: WA Bidder has been in business continuously from Bank Reference 1989 Year Heritage Bank - Alec Zarelli 253-770-7686 Bank No. of regular full-time employees: 20 Account Officer Officer's Phone No. Number of projects in the past 10 years completed: 5 ahead of schedule 20 on schedule 0 behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 36 years. Asa subcontractor for 36 years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Title How Long With Bidder Bryce Sturrock Project Manager 8 years Joni Dombrowski Project Manager 7 years Rich Pentin Superintendent 10 years Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Prg ed to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Responsible Bidder Determination Form P-9 Name the Surveyor to be used on this Project, who will directly supervise all surveying activities. Attach a resume outlining the experience and quali ications of the Surveyor. Is the Surveyor licensed in the State of/Washington (a PLS)? Yes ❑ No Surveyor's Name: / (fie % i'J =. L t e Vet // v1 vll.1 List all those projects, of similar nature and size, completed by Bidder within the past 10 years. Include a reference for each. Any attached preprinted project listing must include all this information. Bidder must have at least 10 years experience working on projects of similar nature and size. Year Contract Project Name Completed Amount Owner/Reference Name and Phone Please see attached List all projects undertaken in the last 10 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: Name of Client and Project N/A Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Has Bidder, or any representative or partner thereof, ever failed to complete a contract? ® No 0 Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? No 0 Yes If yes, please state: Project Name Contracting Party Bond Amount Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 33 sans. sXCariTX1(Q =!IC References and Work Completed Project Name 30TH Ave Sidewalks & Natural Drainage Year 2018-2019 Owner Seattle Department of Transportation Size/Description 1.9M Contact Elsa Tibbits (206) 445-8597 Project Name Mackey Creek Restoration Year 2018 Owner City of Redmond Size/Description 591K Contact Bassam Al -Ali (425)556-2712 Project Name 2019 Spot Sewer Repairs Year 2019 Owner Seattle Public Utilities Size/Description 1.7M Contact Stefanie Hegland (206)423-2605 Project Name Downey Farmstead Year 2019 Owner City of Kent Size/Description 400K Contact Paul Kuehne (253)856-5543 Project Name Puget Way Culvert Year 2019-2020 Owner Seattle Public Utilities Size/Description 1M Contact Steve Colony (206)423-2605 Project Name Lake to Sound Trail Segment A Year 2019-2021 Owner King County Size/Description 3 M Contact Mark Hoge (206) 263-9400 Project Name Foothills — Battersby Trail Year 2020 Owner City of Enumclaw Size/Description 820K Contact Scott Woodbury (360)615-5728 6622 112th St. East Puyallup, WA 98375 Office: 253.770.3844 Fax: 253.770.3845 34 11108. MCCAVATING nee. Project Name Husky Terminal Lot F Redevelopment Year 2020-2021 Owner Ports America Shared Services Size/Description 3.9M Contact Brenda Martin (253) 680-2803 Project Name Husky Terminal Stormwater Upgrades Year 2021-2022 Owner Ports America Shared Services Size/Description 3.9M Contact Brenda Martin (253) 680-2803 Project Name 2021 Spot Sewer Repairs Year 2021-2022 Owner City of Seattle Size/Description 2.6 M Contact Rudy Camacho (206) 615-0490 Project Name Downey Side Channel Restoration Final Phase Year 2022 Owner City of Kent Size/Description 2.2 M Contact Paul Kuehne (253) 856-5543 Project Name Little Rock Road SW Year 2022 Owner Thurston County Size/Description 800,000 Contact Marcus Storvick (360) 867-2283 Project Name Sidewalk Improvements—CIP20-10 Year 2022 Owner City of Sumner Size/Description 1.5 M Contact Andrew Leach (253) 299-5711 6622 112th St. East Puyallup, WA 98375 Office: 253.770.3844 Fax: 253.770.3845 35 Responsible Bidder Determination Form P-10 Has Bidder ever been found guilty of violating any State or Federal employment laws? RI No 0 Yes If yes, give details: Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? ® No 0 Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? ® No 0 Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? ® No 0 Yes If yes, please state: Date Type of Injury Agency Receiving Claim The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder Title: Steve Olson, Vice President Date: 7-15-2025 Rev.4-15-09 Prd`s;&ed to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal P-11 PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT C—. (ea (ke--/- r 7D�c2) Il - C"' rt)i 6/c)rI ,Z,tt_911 1/ .1)0e," = 2Cie Camv) (/er zit 6' D 2)) 2 fir) 67,t.1Y7 Labor to be used: Yni j e/a l r 2. 1 itiz erg Olson Brothers Excavating, Inc. Signature of Authorized Official Steve Olson, President Title Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal 37 P-12 PROPOSED SUBCONTRACTORS Name of Bidder Olson Brothers Excavating, Inc. In accordance with RCW 39.30.060 as amended, every bid that totals $1 million or more shall include below the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. Failure of the Bidder to submit as part of the bid the names. of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder Schedule/Bid Item Numbers % of Name Subcontractor will perform Total Bid Gilliam Creek Culvert Erosion Repair Rev. 5-13-14 Probed to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF TUKWILA OFFICE OF THE CITY CLE K Jennifer Marshall, Deputy City Clerk BID OPENING GILLIAM CREEK CULVERT EROSION REPAIR PROJECT PROJECT NUMBER: 825 412 02 July 15, 2025 — 10:00 A.M. aids were accepted until the hour of 9:30 a.m. via USPS mail and in -person at the City Clerk's front counter. Bidders could access the bid opening and hear bids read publicly aloud via Microsoft Teams, by dialing (253) 292-9750, Conference ID: 136 653 345# BIDDER NAME & DATE OF RECEIPT Hoffman Construction, Inc Jul 15 2025 @ 9:30AM TMC Contractors, LLC JuIll 15 2025 9:30AM Olson Brothers Excavating, Inc Jul 15 2025 9:30AM Southworth & Sons, Inc Jul 15 2025 © 9:30AM Northwest Cascade, Inc Jul 15 2025 @ 9:30AM ADDENDA ACKNOWLEDGED (0) TOTAL BID PRICE (Including Tax) $182,639,64 $312,394.96 $346,606.55 $448,854.19 $518,064.53 $339/834.76 APPARENT LOWEST BIDDER (RANK ORDER) The above figures appear as written within bid documents; and as read aloud at bid opening. THEY DO NOT, however, REPRESENT ANY BID AWARD; apparent low or otherwise. DATED this 15th day of July 2025. 39 40 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 08/25/25 JR ITEM INFORMATION ID MNo. Spec 3.C. STAFF SPONSOR: JOSH HOPKINS ORIGINAL AGENDA DAIL: 08/25/25 AGENDA ITEM TITLE Surface Water Fund - 2025 Annual Small Drainage Program - Bid Award CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date a Bid Award 8/25/25 ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police aPit ❑Court SPONSOR'S Bids were advertised July 30 and August 6, 2025, and opened July 15, 2025. Five (5) bids Su f L RY were received. The lowest responsive bidder was Flowline, LLP at $352,692.90. Council is being asked to award a construction contract to Flowline, LLP in the amount of $352,692.90. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Arts Comm. 08/25/25 ❑ Finance ❑ Parks Comm. ❑ Planning/Economic Dev. Comm. ❑ Planning Comm. CHAIR: ABDI ❑ LTAC DATE: COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $352,692.90 $0.00 $0.00 Fund Source: SURFACE WATER Comments: S 131st Pi Drainage Improvements CIP MTG. DATE RECORD OF COUNCIL ACTION 08/25/25 MTG. DATE ATTACHMENTS 08/25/25 Informational Memorandum dated 08/22/25 A. CIP Sheet - S 131st PI Drainage Improvements B. Vicinity map C. Bid Tabulation D. Psomas Recommendation of Award Letter 41 Thomas McLeod, Mayor Public Works Department - Jen Tetatzin, PE, PMP - Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Jen Tetatzin, Public Works Director BY: Josh Hopkins, Surface Water Project Manager CC: Mayor Thomas McLeod DATE: August 14, 2025, SUBJECT:Surface Water Fund - 2025 Annual Small Drainage Program Project No. 82541201 Construction Bid Award ISSUE Council is being asked to award a construction contract in the amount of $352,692.90 to Flowline, LLP to construct the 2025 Annual Small Drainage Program project. BACKGROUND The Small Drainage Program constructs drainage projects throughout the City that are too large for City staff to complete but are smaller than a typical capital improvement project. The projects originate from citizen complaints and maintenance staff recommendations and are compiled on the Small Drainage Project List. Each year the projects are prioritized based on need, expense, permitting requirements, and length of time on the list. The highest priority projects are then designed and constructed. The 2025 Annual Small Drainage Program includes three locations as noted in the attached vicinity map and will improve roadside drainage conveyance and water quality improvements at the 40th Ave S/42nd Ave S location. DISCUSSION The 2025 Annual Small Drainage Program was advertised for bids on July 30 and August 6, 2025. Five bids were received and opened on August 14, 2025. The bids were checked, tabulated, and no errors were found. Flowline, LLP, is the apparent low bidder with an overall bid of $352,692.90 including sales tax and is 15.6% below the engineer's estimate of $418,188.06. This contractor has not worked for the City before. Psomas, construction management consultant, and City staff analyzed and reviewed their bid and Psomas spoke directly with Flowline and felt comfortable moving forward. BUDGET AND BID SUMMARY (All amounts include sales tax) The project construction budget of $750,000 is sufficient to cover the costs for the contract with contingency. The project is funded through the Surface Water Enterprise Fund. Bid Results Engineer's Estimate Contract $352,692.90 $418,188.06 Contingency (10%) $35,269.29 Total $387,961.49 2025 Budget $ 750,000.00 RECOMMENDATION Council is being asked to award a construction contract to Flowline, LLP, in the amount of $352,692.90 plus contingency to construct the 2025 Annual Small Drainage Program and consider this item on the Consent Agenda at the August 25, 2025 Special Council Meeting. ATTACHMENTS: 2025 CIP Pg 142, Vicinity Map, Bid Tabulations, Psomas Recommendation of Award Letter 42 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2025 to 2030 111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.1111111 11.111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.111.11111,1 PROJECT: S 131st Pi Drainage Improvements Project # 91641204 Project ,Manager Joshua Hopkins O ,partrnent .SurfaceWater DESCRIPTION: JUSTIFICATION: STATUS: MAINTENANCE IMPACT: COMMENT; Developing alternate horizontal alignment for Southgate Creek in conjunction with replacing a fish barrier culvert. Scope expanded in 2024 to increase hydraulic analysis limits to address persistent flooding not addressed with the preliminary hydraulic design. South C Qvertpe itbank several times per year during storm events and runs through private properly. Dear Is d wthn a private driveway and storm system. HPA permitted Id gi likellhoodl of lino ilng. n n the n talon to reduce the Project will include 1-year contract maintenance and typically 2-to4 years of plant establishment. Project improvements will be turned over to surface water division for routine maintenance. Project applied for D tmen* of Ecologydssign development funding an dl Conservation Futures property saluisitiOn grant to support the expand hydraulic anayais. Assumes tim 2028 construction. MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMO UMMMMMMMMMMI MEMEMEMEMEM.MMMMMMMMMMMMEMMEMEMEMEM N.MMMMMMMMMMI .1.MMMMMMMMII MMEMEMEMEMEMMEMEMEMEMEMEMIll FINANCIAL (in thousands) 2025 2026 2027 2028 2029 2030 Beyond TOTAL Project Costs Project Mgmt (Staff Time/Cost) Planning Land (RAN) Construction Mgmt. Construction $ 25 $ 780 $ 1,000 $ - $ - $ 25 $ 600 $ 1,000 $ $ $ 25 $ $ $ 400 $ 2,000 $ $ $ $ Total Project Costs $ 1,805 $ 1,625 $ 2,425 $ 75 $ 1,380 $ 2,000 400 $ 2,000 5,855 Project Funding Awarded Grant Proposed Grant Utility Revenues $ 706 $ 1,105 $ 205 $ - $ 1,600 $ 825 $ $ $ $ 706 $ 4,330 $ 1,030 Total Project Funding $ 2,016 1,625 $ 2,425 6,066 43 c1 Ir"*" PROJECT NO. 8 LLI LU Cr: 0 0 0 o ; 0 ir, fp P.J1 2! I.rL. IP: C/ wt. LL, 1E, v, vu"r kjd V, < ;4c :a-, Pl f:4 a: Ih— C/1 C5 2 gft 44 100, VOXI:Rk il*PWANOWOOM100.00,00%,....II,A.A 4.04, 111,12 IlfilKONVAW1:KAIONAA Attachment C g g : , '' ' "7"'• . 4 , , '' F '. 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VW iii, in iii in, in ei in 0 . in 0 ,00 0 0 0 an in in ni no in in +a ali in in in in ali in 0 0 A4 a 2 2 2 2 2 2 ,.. g a : 2 * S i E a , 211 . ei Slii s b 5 0 lg , iin ' ai cm 7 . 44 4 3 * . * t '''' .'" ,,,,, * 11 , ; g — o„.“2 ,t, .,. ,,,, , .„ 0 2 2 '2.V 2' !°,2 °7-,2:. ::: v '4 2 .r, 2 2 2 2 2 % 2 2 2 2 2 2 116**111. 44 4*4 E E rh g 044 It los 73* 44, 1t2 3 3*4 . 44*1 .4"N fi 3 44144 3 444*1 4*0 14 '4; I a a 45 PS O M A S Attachment D August 15, 2025 City of Tukwila Joshua Hopkins 6300 Southcenter Blvd., Ste. 100 Tukwila, WA 98188 RE: Letter of Recommendation Dear Joshua, As requested, Psomas has completed the verification of Flowline, LLP. for the 2025 Drainage Program project. We have checked the status of Flowline, LLP on the Washington State Labor and Industries website to confirm they are currently insured, bonded, and licensed. Additionally, no strikes or debarment records were discovered federally or statewide. It is our recommendation that the 2025 Drainage project be awarded to Flowline, LLP. We have enclosed the contractor verification package for your review. Respectfully, Jordan Perry Construction Services Psomas Cc: 46 Tentative Agenda Schedule MEETING 1 - REGULAR AUGUST 4 See below links for the agenda packets to view the agenda items: August 4, 2025 Work Session - CancelVed Ainnist 4, 202S ReguLar Meeting MEETING .2 - C.CIL.W. AUGUST 11 See below links for the agenda packets to view the agenda items: Awynst 11, ',412.:5 Commlillee of the ',,,,, V oVle Meeting MEETING .3 - REGULAR AUGUST 18 See below links for the agenda packets to view the agenda items: Au5•just 10, 2025 v.,,ork Sessiotir ,Angust 18, 2025 Reg VaT° Meeting MEETING 4 - COW. AUGUST 25 See below links for the, agenda packets to view the agenda items: August 25, "2.025 Conninitee of the Specia V Meeting MEETING 5 - SPECIAL (thatinued from 8/25) AUGUST 26 See below links for the agenda packets to view the agenda, items:: Aulcovst 26, 2025 Speclia I Meeting ............................................................................. MEETING1, - REGuLAR MEETING 2 - C.O.W., 1 MEETING 3 - REGULAR MEETING 4 - C.O.W. SEPTEMBER 1 WORK SESSION Work Session cancelled. REGULAR MEETING Regular Meeth g ca c Med, SEPTEMBER 8 Special Meeting to follow Committee of the Whole Meeting., CONSENT AGENDA „„ Authorize the mayor to sigh a , grant agreement with WA State IDepartment of Transportation (WSDOT) for the Commutel'rip Reduction (CTR) Program for 2025-2027 in the amount of $103,200LIA). Authorize the Mayor to sign a grant agreement with WA State Department of Transportation (WSDOT) for the Traffic: Demand Management (TDM) Regional Mobility Grant Program for 202.5- 2029 in the amount of! $4.16,000.00. - Amendment #2 to the agreement with King County for the Transportation Demand Management (TDM) Program to extend it through 2025 for an addition $31,625 (combined with Amendment #1 which was for $30,375), - Amendment #2 to contract #24- 070 with KPG Psomas for traffic signal assessment and repair recommendations, in the amount of $59,876.00. Contract Amendment to Chinook Wind Extension, UNFINISHED BUSINESS - Ordinance updating cannabis regulations. SEPTEMBER 1,5 WORK SESSION REGULAR MEETING CONSENT AGENDA - Resolution ,authorizing the cancellation of outstanding General Ch Fund Claims ecks. "' Resolution adopting the. Comprehensive Emergency Management Plan. - Amendment. to Intedocal Agreement with VNET. - Grant acceptance for RCW WVVRP - Water Access. Grant. - Grant acceptance for Mental Health Field Response. SEPTEMBER 22 SPECIAL ISSUES - Development Agreement with Prato District. Special Meeting to follow Committee of the Whole Meeting. 47