HomeMy WebLinkAboutReg 2009-07-20 COMPLETE AGENDA PACKETTukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
Rhonda Berry, City Administrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
Monday, July 20, 2009; 7:00 PM Ord #2243 Res #1685
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Introduction of new employees:
PRESENTATIONS Teresa Schuring, Records Specialist, Police Department
Jennifer Ferrer- Santalnes, Fiscal Coordinator, Finance Department
Ana Le, Administrative Support Coordinator, City Clerk's Office
3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please
COMMENT limit your comments to five minutes per citizen). To comment on an item listed on
this agenda, please save your comments until the issue is presented for discussion.
4. CONSENT a. Approval of Minutes: 7/6/09 (Regular)
AGENDA b. Approval of Vouchers.
c. Accept as complete the East Marginal Way South Fiber Interconnect project Pg.1
(Contract #08 -123) with Dennis R. Craig Construction, Inc.; authorize release of
retainage, subject to the standard claim and lien release procedures (final cost of
project, including retainage: $135,303.15).
5. PUBLIC Shoreline Master Program Update and Environmental Review; Pg.7
HEARINGS continued from July 13.
6. UNFINISHED a. Authorize the expenditure of Sound Transit Mitigation Funds for the purchase of Pg.9
BUSINESS specialized fire equipment relative to the Link Light Rail project in the amount of
$222,052.00.
b. Authorize the Mayor to sign Supplement #1 to Contract #09 -044 with KPG, Inc. for Pg.11
2009 Small Drainage Program construction management services in the amount of
$29,956.68.
c. Authorize the Mayor to sign an agreement with R. W. Beck for the National Pg.13
Pollutant Discharge Elimination System (NPDES) Phase II stormwater requirements
in the amount of $24,502.00.
d. An ordinance amending Tukwila Municipal Code 14.12.260 regarding "Discharge of Pg.15
Foreign Substance into Public Sewer," updating requirements to meet current
guidelines, and adding regulations regarding unlawful discharge enforcement.
e. An ordinance granting a non exclusive franchise to AT T Corporation for the Pg.19
purpose of installing, operating, and maintaining a telecommunications system in
the City.
f. An ordinance amending regulations regarding bid procedures and adding emergency Pg.33
procurement provisions.
g. A resolution executing certificates and approving financial and operating Pg.37
information of the City for the Cascade Water Alliance Official Statement for the
Cascade 2009 Bonds.
h. Authorize the Mayor to sign a Proceeds Distribution and Hold Harmless Agreement Pg.51
with the City of Bellevue regarding distribution of proceeds from the sale of the Jail
Alternative Group (JAG) property.
7. NEW BUSINESS a. A resolution delegating Public Works' permitting authority for the Tukwila South Pg.53
Project to Anchor QEA and KPFF.
Tukwila City Council Agenda
REGULAR MEETING
Monday, July 20, 2009
Page 2
7. NEW BUSINESS
(Continued)
8. REPORTS
b.
c.
a.
b.
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Authorize the Mayor to sign a contract, in substantially the form presented, with
Anchor QEA for Tukwila South project management services in an amount not to
exceed $50,000.00.
Authorize the Mayor to sign a contract, in substantially the form presented, with
KPFF for Tukwila South project management services in an amount not to exceed
$50,000.00.
Mayor c. Staff e. Intergovernmental
City Council d. City Attorney
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 433 1800 /TDD 206- 248 -2933. This notice is available at www.ci.tukwila.wa.us, and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
CAS NUMBER: 0 c1 3
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayor's review 1 Council review
07/20/09 JM A44
IG
ITEM INFORMATION
ORIGINAL AGENDA DA 1E: JULY 20, 2009
AGENDA ITEM TITLE Accept as complete East Marginal Way Fiber Interconnect Project and
release retainage
MTG. DATE
07/20/09
SPONSOR'S
SUMMARY
ITEM No.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 07/20/09 Mtg Date Mtg Date Mtt Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe'R Police PIS
MTG. DATE
07/20/09
The contract with Dennis R. Craig Construction, Inc. is complete for the East Marginal Way
Fiber Interconnect Project. Construction began January 5, 2009 and was completed on
February 5, 2009 with no change orders. Unit price under -runs credited $12,000.00. The
Council is being asked to accept and finalize the contract in the amount of $135,303.15.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'IE: 07/06/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
EXPENDITURE REQUIRED
$135,303.15
Fund Source: 104.02 ARTERIAL STREETS (OVERLAY REPAIR PROGRAM)
Comments:
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$207,602.25 $0.00
RECORD OF COUNCIL ACTION
ATTACHM ENTS
Informational Memorandum dated 06/30/09
State of WA Dept of Revenue Notice of Completion 08 -123
Minutes from the Transportation Committee meeting of 07/06/09
Mayor Haggerton
Rhonda Berry
Transportation Committee
FROM: Public Works Director
DATE: June 30, 2009
SUBJECT: East Marginal Wav Fiber Interconnect Protect
Project No. 08 -RW07, Contract No. 08 -123
Project Completion and Acceptance
TO:
City of Tukwila
Attachments: Dept of Revenue Notice of Completion
INFORMATIONAL MEMORANDUM
ISSUE
Accept contract as complete and authorize release of the retainage.
The finalized project cost is under the authorized construction budget.
Contract Award Amount
Unit Price Under -runs
Sales Tax (N /A)
Total Amount Paid (incl. retainage)
147,303.15
(12,000.00)
0.00
135.303.15
W \PW Eng PROJECTS \A- RW RS Protects \08RWO7 EMW Ether \A ter Construction \INFO MEMO Closeout EMW Fiber 6 -16 -09 FINAL doc
Jim Haggerton, Mayor
BACKGROUND
The Notice to Proceed for Contract No. 08 -123 with Dennis R. Craig Construction, Inc., of
Redmond, Washington was issued January 5, 2009 for construction of the East Marginal
Way Fiber Interconnect Project. This project provided the installation of vaults, conduits and
junction boxes at 16 locations within the right -of -way of East Marginal Way South, between
Boeing Access Road and just north of S 81st Place for traffic signal coordination.
ANALYSIS
This contract was completed on February 5, 2009 and no change orders were issued
during construction. The price under -run listed below was because there was no need
for the bid item "Resolution of Utility Conflicts
RECOMMENDATION
The Council is being asked for formal acceptance and retainage release authorization,
subject to standard claim and lien release procedures, for the contract with Dennis R. Craig
Construction, Inc in the amount of $135,303.15 and consider this item on the Consent
Agenda of the July 20, 2009 Regular Meeting.
State of Washington
Department of Revenue
/A- PO Box 47474
R EVENUE Olympia WA 98504 -7474
From:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Comments:
No Tax Rule 171
Finance Approval
Contractor's Registration No. (UBI No.) 600 357 430
Date 5/29/09
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Name Address of Public Agency
Contractor's Address
P.O. Box 595 Redmond WA 98073 -0595
Date Work Commenced Date Work Completed
1/5/09
Surety or Bonding Company
Hub International Northwest, LLC
Agent's Address
PO box 3018 Bothell, Wa 98041 -3018
Contract Amount
Additions
Reductions
Sub -Total
Amount of Sales Tax Paid at 0.0
(If various rates apply, please send a breakdown.)
TOTAL
2/5/09
147,303.15
0.00
12,000.00
135,303.15
0.00
135,303.15
1
Assigned To
Date Assigned
Signature
Type or Print Name Diane Jaber
Phone Number 206 433 -1871
Amount Disbursed
Amount Retained
Disbursing Officer
Department Use Only
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
East Marginal Way Fiber Interconnect Project (08 -RW07) 08 -123
Contractor's Name Telephone Number
Dennis R. Craig Construction, Inc. 425- 882 -2922
Date Work Accepted
Liquidated Damages 0.00
128,537.99
6,765.16
TOTAL 135,303.15
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6- 27 -01)
TRANSPORTATION COMMITTEE
Meeting Minutes
July 6, 2009 5:00 p.m. Conference Room 1
PRESENT
Councilmembers:
Staff:
Guests:
De' Sean Quinn, Chair; Dennis Robertson and Verna Griffin
Jim Morrow, Frank Iriarte, Bob Giberson, Mike Mathia, Peter Lau, Jaimie Reavis, Gail
Labanara and Kimberly Matej
Chuck Parrish
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
I. PRESENTATIONS No presentations.
II. BUSINESS AGENDA
A. East Marginal Wav South Fiber Interconnect Project Completion and Acceptance
Staff is seeking full Council approval for contract closeout and authorization to release retainage for the
completed construction of the East Marginal Way Fiber Interconnect Project. Approved by Council in late
2008 (see Transportation Committee minutes dated November 12, 2008), the project installed vaults,
conduits and junction boxes at 16 locations interconnecting the traffic signals within the right -of -way of
East Marginal Way South, between Boeing Access Road and South 81s Place. A $12,000 project under -run
resulted from no need for the bid item "Resolution of Utility Conflicts." UNANIMOUS APPROVAL.
FORWARD TO JULY 20 REGULAR MEETING CONSENT AGENDA.
B. Walk Roll Plan School Zone Flashing Beacon Grant
Staff is seeking full Council approval to accept a grant from the Washington Traffic Safety Commission
(WTSC) in the amount of $7,500 for two school zone flashing lights to be installed near Cascade View
Elementary.
Earlier this year, the Neighbors Without Borders community group provided information to City staff
regarding a WTSC School Zone grant. Staff reviewed the information and applied for school zone flashing
beacons /lights for the area near Cascade View Elementary. Washington Traffic Safety Commission awarded
the City $7,500 in this competitive grant process for the purchase of two flashing lights /beacons. These
lights will replace signs currently located on each end of the school zone off of South 135 Street as you
approach 32 Avenue South near the school. Although there are no City- required matching funds,
installation of the lights will be completed through in -house resources. Monitoring of the area before and
after installation (i.e.: speed and traffic counts) is a grant requirement.
This project complements the Walk Roll Plan goal to raise awareness of traffic speeds in school zones.
Committee members requested that the Neighbors Without Borders group be notified of this item when it
goes forward to COW. Additionally, Committee members would like staff to return to Committee with
appropriate data comparisons when the grant period has ended. UNANIMOUS APPROVAL. FORWARD
TO JULY 13 COW FOR DISCUSSION.
M. MISCELLANEOUS
Meeting adjourned at 5:20 p.m.
Next meeting: Monday, July 20, 2009 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM. Reviewed by BG.
City of Tukwila
Transportation Committee
CAS NUMHI
1G I I'l'l :r1 TITI J
C.\ l'I :G( )R1"
I SPONSOR
SP( )NS()R'S
SU\EMI,\RY
RI•:\'iI1\x"I :I) BY
Fund Source:
Comments:
MTG. DATE
07/24/08
03/23/09
04/20/09
07/13/09
MTG. DATE
03/23/09
04/20/09
07/13/09
07/20/09
Review of Planning Commission Recommended Shoreline Master Program
Il
on- 0
DL seas sion n Motion
Altg Date 03/23/09 Altg Date
Council 1 1 Ma n Adrrt Svcs DCD Finance Fire Le P &R Police n PW
COW Mtg.
Utilities Cmte
ExPI NDI"1'URI'; RI ?`UIRI :D
$N /A
No Attachments
COUNCIL AGENDA SYNOPSIS
[bleetit ;g Date
03/23/09
04/20/09
07/13/09
07/20/09
Initials
Prepared by 1 tllayoge reniem Council review)
JP I A 014(12
JP I
JP t
JP .i4,44' >i/
ITEM INFORMATION
1 ORIGIN;\1. AG I',N1),\ DATI MARCH 23, 2009
Alts Date
Resolution Ordinance 1 1 Bid Award
A1tg Date
11
At Date
The Planning Commission completed its review of the Shoreline Master Program (SMP) on
February 5, 2009. this document is an update of the City's current SMP which was
adopted in 1974.
The Council is being asked to review the Planning Commission revisions and concur or
make additional changes prior to adoption. The public hearing is being conducted on 4/20.
CA &P Cmte F &S Cmte
Arts Comm. Parks Comm.
DATE: Community Affairs and Parks Committee deferred review to COW
RECOMMENDATIONS:
SP()NS()R /ADMIN. Department of Community Development
COMMr1'ii l'• CAP deferred review to Committee of the Whole
COST IMPACT FUND SOURCE
ITEM NO.
Public Hearin n Other
7/13/ 7/20/09
AItg Date 04/20/09 Mtg Date
n Transportation Cmte
n Planning Comm.
AMOUNT BUDGETED APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
Joint City Council /Planning Commission briefing on staff recommended SMP
C.O.W. briefing on Planning Commission Recommendations
Continue to the July 13, 2009 Committee of the Whole Meeting
Continue to the July 20, 2009 Meeting for City Attorney involvements on next sti
ATTACHMENTS
Informational Memorandum dated 3/18/09
*Please bring the blue Shoreline Master Program notebooks to the meeting
Informational Memorardum dated 4/14/09
*If desired, please bring the blue Shoreline Master Program notebooks to the meeting
Informational Memorandum dated 7/8/09
"Please bring your blue
Shoreline Master Program notebooks to the meeting.
CAS NU,NIHI
MTG. DATE
07/13/09
07/20/09
01
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by I Mayor's review Council eview
07/13/09 DT 1 I 1
07/20/09 DT 1 .444- LlC g1U
ITEM INFORMATION
I ORIG INAL AG IINDA D,\TI JULY 13, 2009
\(;I IND.\ ITI:\I Trrl,i; Purchase of Mass Casualty Supplies and Rescue Equipment for the Sound Transit
Light Rail Project.
C.\'I'I Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other
Altg Date 07/13/09 Altg Date 07/20/09 ilitg Date Altg Date dltg Date
tlltg Date Altg Date
Si ()NSOR IJ Council n Mayor Adm Svcs DCD Finance Fire Legal 1 I P &R Police PIR
222,052 $234,600
IFund Source: SOUND TRANSIT 107 FUND.
Comments: Special fund set up to handle these Sound Transit expenses.
MTG. DATE RECORD OF COUNCIL ACTION
07/13/09 Forward to next Regular Meetlliing
ITEM NO.
SPONSOR'S The department is assembling two 100 person mass casualty trailers for use with the light
SI'dIM: \RY rail system. There will also be a medical equipment stash located at the Tukwila Station
pre- staged for rapid deployment in the event of a train emergency with injuries. We are
also purchasing additional hydraulic rescue tools and equipment, plus specialized cutting
blades for the Tight rail vehicles. Council is being asked to approve the purchase of
emergency equipment with funding provided by Sound Transit.
RI ?�'lIC1V1?D BY Li COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm. I 1 Planning Comm.
Transportation Cmte
DATE: 07/07/09
RECOMMENDATIONS:
SPONSOR /ADNIIN. Fire Department
COMMVFI Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExPI RI ;(?UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0
ATTACHMENTS
Informational Memorandum dated 7/8/09 (amended after FS Meeting at request of Committee)
Photo of similar trailer to be purchased with requested funds
Minutes from the Finance and Safety Committee meeting of 7/7/09
No attachments
COUNCIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
Prepared by
JM
JM
Initials
1 Mayor's review Council review
1
1
ITEM INFORMATION
CAS NUMBER: 0 9 D 9 ORIGINAL AGENDA DA IL: JULY 13, 2009
AGENDA I I'EM TITLE 2009 Small Drainage Program Construction Management Services
Supplement No. 1 with KPG, Inc.
ITEM NO.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07/13/09 Mtg Date 07/20/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R Police
Base Contract No. 09 -044 with KPG, Inc. included design engineering services for the 2009
Small Drainage Program. The construction contract was awarded to Green River
Construction on June 15, 2009. Supplement No. 1 with KPG has been negotiated for
construction management services in the amount of $29,956.68. The scope of work will
provide site inspections, construction review, and as- builts.
SPONSOR'S
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DA'Z'E: 06/ 23/ 09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIrrE,E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$29,956.68 $40,000.00
Fund Source: 412.02 SURFACE WATER FUND (PG. 146, 2009 CIP)
Comments:
1 MTG. DATE
07/13/09
07/20/09
MTG. DATE
07/13/09
07/20/09
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 06/16/09
Supplemental Agreement No. 1 with Exhibits
Minutes from the Utilities Committee meeting of 06/23/09
No attachments
Transportation Cmte
Planning Comm.
$0.00
Pw
APPROPRIATION REQUIRED
CAS NUMBER:
AGENDA I I'EM TITLE
SPONSOR
SPONSOR'S
SUMMARY
EXPENDITURE REQUIRED
07/20/09
MTG. DATE
07/13/09
07/20/09
COUNCIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
0 C O9 s
No attachments
Prepared by
3M
JM
Initials
1 Mayor's review
.ham
1
1
ITEM INFORMATION
Co
/.l°YL h1
t)
ORIGINAL AGENDA DATE: JULY 13, 2009
NPDES Program Consultant Agreement with R.W. Beck
ITEM No.
lam' C
CA I'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07/13/09 Mtg Date 07/20/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
111 Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
This consultant agreement is for the National Pollutant Discharge Elimination System
(NPDES) Phase II general permit. Three firms were short- listed from the Consultant Works
Roster and R.W. Beck was chosen as the most qualified. The consultant will assist the City
adopt a new surface water design manual and all of the required supporting documents.
Council is being asked to approve the contract with R.W. Beck in the amount of
$24,502.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 06/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMI'TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$24,502.00 $20,000.00
Fund Source: 412.02 SURFACE WATER FUND (PG. 150, 2009 CIP)
Comments: Additional funding will come from the Surface Water fund.
MTG. DATE 1 RECORD OF COUNCIL ACTION
07/13/09 1 Forward to next Regular Meetings
ATTACHMENTS
Informational Memorandum dated 06/16/09
Consultant Selection
Consultant Agreement with Scope of Work
Minutes from the Utilities Committee meeting of 06/23/09
$0.00
CAS NUMBER:
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
07/13/09
07/20/09
MTG. DATE
07/13/09
07/20/09
E Discussion Motion
Mtg Date 07/13/09 Mtg Date
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by I Mayor's review Council revie
07/13/09 JM 1 :4 1
07/20/09 7M 1 j,� k/
ITEM INFORMATION
e 0 9 I ORIGINAL AGENDA DAI'E: JULY 13, 2009
AGENDA I I'EM TITLE Ordinance to Amend TMC Chapter 14 Sewer Discharge
Resolution
Mtg Date
Mtg Date 07/20/09 Mtg Date
Mtg Date
Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police
ITEM No.
Ordinance Bid Award Public Hearing Other
Mtg Date
PW
This ordinance will amend and update TMC Chapter 14 for unlawful discharge of fats, oils,
and greases (FOG) into the City's sanitary sewer system. A grease interceptor will be
required to collect and dispose of FOG and shall be adequately maintained and readily
accessible for inspection by the City. All violations will now be considered a civil infraction
under TMC Chapter 8.45.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte El Arts Comm. Parks Comm. Planning Comm.
DATE: 06/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMI Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
EXPENDITURE REQUIRED
$0.00
RECORD OF COUNCIL ACTION
Forward to next Regular Meetfiina
ATTACHMENTS
Informational Memorandum dated 06/15/09
Draft Ordinance
Minutes from the Utilities Committee meeting of 06/23/09
Ordinance in final form
W\Word Processing \Ordinances \FOG Grease 14.12.doc
PB.ksn 07/14/2009
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 342 §24, AS CODIFIED
AT TUKWILA MUNICIPAL CODE 14.12.260, "DISCHARGE OF FOREIGN
SUBSTANCE INTO PUBLIC SEWER UPDATING REQUIREMENTS TO
MEET CURRENT GUIDELINES; ADDING REGULATIONS REGARDING
UNLAWFUL DISCHARGE ENFORCEMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires that the City's sewage and wastewater system
is managed in the most effective manner possible, to meet environmental and ecological
concerns, and protect the health, safety and welfare of Tukwila residents; and
WHEREAS, the discharge of uncontrolled or untreated industrial and other wastes
into the Tukwila sewerage system and the cumulative impacts of any such discharge
will have an adverse impact on water quality; endanger the public health, safety and
welfare; and present a hazard to the functioning of Tukwila's sewerage system facilities;
and
WHEREAS, the City Council believes Tukwila Municipal Code 14.12.260,
Discharge of Foreign Substance into Public Sewer, should be amended for the purpose
of updating codes and practices to comply with federal, state, and county guidelines,
including obstructing the flow of any public sewer line as prohibited by the Federal
Clean Water Act; and
WHEREAS, the City Council desires to have regulations in place regarding
enforcement of unlawful discharge violations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 342 §24, as codified at Tukwila
Municipal Code 14.12.260, is hereby amended to read as follows:
14.12.260 Discharge of Foreign Substance into Public Sewer.
A. It is unlawful to discharge or cause to be discharged into any sewer any waste
which may have an adverse or harmful effect on the sewerage system, public treatment
works, its personnel or equipment. Such waste shall include but is not limited to fats,
oils and grease, or any substance whatsoever that will tend to retard the flow of the
sanitary sewer by adhering to or depositing on the interior surface thereof; or any gases
or substances which are combustible; or acids or other substances in such quantities as
will tend to destroy the sanitary sewers or interfere with the operation of the treatment
unit; or substances of such a noxious character as will tend to be injurious to the health.
B. All such gases, acids and substances shall be intercepted by an adequate and
suitable separation device or interceptor, installed in such a manner that allows the safe
and convenient removal of the waste product or other substances, materials or liquid as
identified herein, which shall not flow or be discharged into the sanitary sewer system.
All such interceptors shall be of design, construction and capacity as shall be approved
by the City Engineer. The grease interceptor shall be adequately maintained, and
readily accessible for inspection by the City at any time to ensure its proper operation.
Page 1 of 2
C. This section is subject to the terms specified in "Enforcement" set forth in
Tukwila Municipal Code 14.12.265.
Section 2. Regulations Added. Regulations regarding unlawful discharge
enforcement are hereby added to Chapter 14.12 to read as follows
14.12.265 Unlawful Discharge Enforcement.
All violations of TMC 14.12.260 will be considered civil infractions, and are subject
to the actions and penalties set forth in Chapter 8.45 of the Tukwila Municipal Code.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W \Word Processing \Ordinances\FOG Grease 14 12.doc
PB1csn 07/14/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
CAS NUMBER:
AGENDA ITEM TITLE
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE 1
07/13/09 1 Forward
07/20/09
MTG. DATE
07/13/09
07/20/09
Meeting Date
07/13/09
07/20/09
COUNCIL AGENDA SYNOPSIS
Prepared by
JM
JM
Initials
Mayor's review 1 Council review
ITEM INFORMATION
ORIGINAL AGENDA DATE: JULY 13, 2009
Ordinance to Renew AT &T Franchise Agreement
Discussion Motion Resolution
Mtg Date 07/13/09 Mtg Date Mtg Date Mtg Date 07/20/09 Mtg Date Mtg Date Mtg Date
Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
AT &T Franchise Ordinance No. 2128 expires on August 30, 2009. The new ordinance will
renew the AT &T franchise for three years and includes some changes to the utility
relocation requirements in Section 5E. Council is being asked to approve the ordinance for
the new AT &T franchise agreement with an expiration date in August, 2012.
REVIEWED BY COW Mtg. 111 CA &P Cmte F &S Cmte
Utilit Cmte Arts Comm. Parks Comm.
DA I'E: 06/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIFIEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$0.00 $0.00
RECORD OF COUNCIL ACTION
to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 06/11/09
Draft Ordinance with Exhibits
Minutes from the Utilities Committee meeting of 06/23/09
Ordinance in final form, with exhibits
ITEM NO.
t
Ordinance Bid Award Public Hearing Other
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0.00
C ity of Tukwiia
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO AT &T
CORP., LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A TELECOMMUNICATIONS
SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
REPEALING ORDINANCE NO. 2128; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2128, dated August 30, 2006, granted AT &T Corp. a
three -year, non exclusive franchise that expires on August 30, 2009; and
WHEREAS, AT &T Corp., a New York Corporation, hereinafter referred to as
"AT &T is a telecommunications company that, among other things, provides voice
and data services to customers, including those in the Puget Sound Region; and
WHEREAS, AT &T's desired route through the City of Tukwila, hereinafter
referred to as "City," requires the use of certain portions of City rights -of -way for the
installation, operation, and maintenance of a telecommunications system; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of a telecommunications system is appropriate from the
standpoint of the benefits to be derived by local business and the region as a result of
such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way
must be restricted to allow for the construction of amenities necessary to serve the
future needs of the citizens of Tukwila and that the coordination, planning, and
management of the City's rights -of -way is necessary to ensure that the burden of costs
for the operations of non municipal interests are not borne by the citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant
and regulate non exclusive franchises for the use of public streets, right -of -ways, and
other public property for transmission of communications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to AT &T, subject to the conditions prescribed in this
ordinance "Franchise Agreement the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility within the City -owned rights -of -way
generally described in Exhibit A, and hereinafter referred to as the "franchise area."
B. Such Franchise shall not be deemed to be exclusive to AT &T and shall in no
way prohibit or limit the City's ability to grant other franchises, permits, or rights along,
over, or under the areas to which this Franchise has been granted to AT provided,
that such other franchises do not unreasonably interfere with AT &T's exercise of
franchise rights granted herein as determined by the City. This Franchise shall in no
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way interfere with existing utilities or in any way limit, prohibit, or prevent the City
from using the franchise area or affect the City's jurisdiction over such area in any way.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such lawful and reasonable rules, policies, and
procedures as he or she deems necessary to carry out the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full
force and effect for a period of three years from the effective date of this ordinance. This
Franchise shall not take effect and AT &T shall have no rights under this Franchise
unless a written acceptance with the City is received pursuant to Section 4 of this
agreement. If AT &T requests a Franchise renewal prior to the expiration date, the City
may, at the City's sole discretion, extend the term of this Franchise for up to one year
beyond the expiration date to allow processing of renewal. If the City elects to extend
the term of this Franchise, written notice of the extension shall be provided to AT &T
prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise and all the terms and conditions shall be filed with the City Clerk within 30
days of the effective date of this ordinance in the form attached hereto as Exhibit B.
Failure on the part of AT &T to file said consent within 30 days of the effective date of
this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall
be considered mandatory and failure to abide by any conditions described herein shall
be deemed as non compliance with the terms of this Franchise Agreement and may
result in some or all of the penalties specified in Section 6.
A. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of
an emergency, AT &T shall, within 24 hours of the emergency, obtain a permit from the
City of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by AT &T
within the franchise area shall be inspected by a City inspector. All work and inspection
shall be coordinated with the Engineering Division of the Public Works Department to
ensure consistency with City infrastructure, future Capital Improvement Projects, all
developer improvements, and pertinent codes and ordinances.
C. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for AT &T within the franchise area shall be
constructed and located so as to produce the least amount of interference with the free
passage of pedestrian and vehicular traffic. All construction, installation, maintenance,
and restoration activities shall be conducted such that they conform to City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
D. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted from this requirement, in writing, by the Director of Public
Works.
E. Relocation.
1. Whenever the City causes a public improvement to be constructed
within the franchise area, and such public improvement requires the relocation of
AT &T's facilities, the City shall provide AT &T with written notice requesting such
relocation, along with plans for the public improvement that are sufficiently complete
to allow for an initial evaluation, coordination and the development of a relocation
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plan. The City and AT &T shall meet at a time and location determined by the City to
discuss the project requirements including critical timelines, schedules, construction
standards, utility conflicts, as -built requirements, and other pertinent relocation plan
details.
2. To ensure timely execution of relocation requirements, AT &T shall, upon
written request from the City, provide at AT &T's expense, base maps, current as -built
information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
3. AT &T may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives
shall include the use and operation of temporary transmitting facilities in adjacent
rights of way. The City shall evaluate such alternatives and advise AT &T in writing if
one or more of the alternatives are suitable to accommodate the work, which would
otherwise necessitate relocation of the facilities. If requested by the City, AT &T shall
submit additional information to assist the City in making such evaluation. The City
shall give each alternative proposed by AT &T full and fair consideration. In the event
the City ultimately determines there is no other reasonable alternative, AT &T shall
relocate its facilities as otherwise provided in Section 5E.
4. Upon final approval of the relocation plan by the City, AT &T shall, at its
own expense, unless otherwise prohibited by statute, and at the timeframe specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the
City has determined that such removal, relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any public improvement in or upon the rights -of -way.
5. If during the construction, repair, or maintenance of City's public
improvement project an unexpected conflict occurs from AT &T's facilities, AT &T shall,
upon notification from the City, respond within 24 hours to resolve the conflict.
F. Removal or Abandonment. Upon the removal from service of any
service antennas or other associated structures, facilities and amenities, AT &T shall
comply with all applicable standards and requirements prescribed by the City of
Tukwila Public Works Department for the removal or abandonment of said structures
and facilities. No facility constructed or owned by AT &T may be abandoned without
the express written consent of the City.
G. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, AT &T shall, upon the request of the City, furnish a bond executed by
AT &T and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to ensure
performance of AT &T's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by AT &T in the City rights -of -way. At AT &T's sole option, AT &T
may provide alternate security in the form of an assignment of funds or a letter of
credit, in the same amount as the bond. All forms of security shall be in the form
reasonably acceptable to the City. The bond shall be conditioned so that AT &T shall
observe all the covenants, terms, and conditions and shall faithfully perform all of the
obligations of this Franchise Agreement, and to repair or replace any defective AT &T
work or materials discovered in the City's roads, streets, or property.
H. "One -Call" Location Liability. AT &T shall subscribe to and maintain
membership in the regional "One- Call" utility location service and shall promptly locate
all of its lines upon request. The City shall not be liable for any damages to AT &T's
system components or for interruptions in service to AT &T customers which are a
direct result of work performed for any City project for which AT &T has failed to
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properly locate its lines and facilities within the prescribed time limits and guidelines
established by One -Call. The City shall also not be liable for any damages to the AT &T
system components or for interruptions in service to AT &T customers resulting from
work performed under a permit issued by the City.
I. As -Built Plans Required. AT &T shall maintain accurate engineering
plans and details of all installations within the City limits and shall provide such
information in both paper form and electronic form using the most current Autocad
version prior to close -out of any permits issued by the City and any work undertaken
by AT &T pursuant to this Franchise Agreement. The City shall determine the
acceptability of any as -built submittals provided under this section.
J. Recovery of Costs. AT &T shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise Agreement
or under ordinances of the City. Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
been established, AT &T shall pay such reasonable costs and expenses directly to the
City.
K. Vacation. If, at any time, the City shall vacate any City road, right -of -way
or other City property which is subject to rights granted by this Franchise Agreement
and said vacation shall be for the purpose of acquiring the fee or other property interest
in said road, right -of -way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30-
days written notice to AT &T, terminate this Franchise Agreement with reference to
such City road, right -of -way or other City property so vacated, and the City shall not be
liable for any damages or loss to AT &T by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by AT &T to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City that
describes the violations of the franchise and requests remedial action within 30 days of
receipt of such notice. If AT &T has not attained full compliance at the end of the 30 -day
period following receipt of the violation notification, the City may declare an immediate
termination of all franchise rights and privileges, provided that full compliance was
reasonably possible within that 30 -day period.
B. Emergency Actions.
1. If any of AT &T's actions, or failure by AT &T to correct a situation caused
by AT &T, is deemed by the City to create a threat to life or property, financial harm, or
cause a delay of the construction, repair or maintenance of the public improvement, the
City may order AT &T to immediately correct said threat, financial harm, or delay or, at
the City's discretion, the City may undertake measures to correct said threat, financial
harm or delay itself; provided that, when possible, the City shall notify AT &T and give
AT &T an opportunity to correct within a reasonable specified time said threat, financial
harm or delay before undertaking such corrective measures. AT &T shall be liable for
all costs, expenses, and damages attributed to the correction of such an emergency
situation as undertaken by the City to the extent that such situation was caused by
AT &T and shall further be liable for all costs, expenses, and damages resulting to the
City from such situation and any reimbursement of such costs to the City shall be made
within 30 days of written notice of the completion of such action or determination of
damages by the City. The failure by AT &T to take appropriate action to correct a
situation caused by AT &T and identified by the City as a threat to public or private
safety or property, financial harm, or delay of construction, repair or maintenance of the
public improvement shall be considered a violation of franchise terms.
2. If during construction or maintenance of AT &T's facilities any damage
occurs to an underground facility and the damage results in the release of natural gas or
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other hazardous substance or potentially endangers life, health, or property, AT &T or
its contractor shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit
the City's available remedies in the event of AT &T's failure to comply with the
provisions of this Franchise Agreement, to include but not limited to, the City's right to
a lawsuit for specific performance and /or damages.
D. Removal of System. In the event this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, AT &T shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow AT &T to abandon its facilities in place.
Section 7. Insurance.
A. AT &T shall maintain liability insurance written on a per- occurrence basis
during the full term of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its
officers, and employees; shall apply as primary insurance; shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
thereunder; and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without giving 30 days written
notice to the City. Notice shall be by certified mail, return receipt requested to the City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require additional insurance to be acquired. The City shall provide written notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve
AT &T from any obligation to obtain approvals or necessary permits from applicable
federal, state, and City authorities for all activities in the franchise area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this franchise shall
not be sold, transferred, assigned, or otherwise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No
such consent shall be required, however, for a transfer in trust, by other hypothecation,
or by assignment of any rights, title, or interest in AT &T's telecommunications system
in order to secure indebtedness. Approval shall not be required for mortgaging
purposes provided that the collateral pledged for any mortgage shall not include the
assets of this franchise. Approval shall not be required for any transfer from AT &T to
another person or entity controlling, controlled by, or under common control with
AT &T.
B. In any transfer of this franchise which requires the approval of the City, AT &T
shall show that the recipient of such transfer has the technical ability, financial
capability, and any other legal or general qualifications as reasonably determined by the
City to be necessary to ensure that the obligations and terms required under this
Franchise Agreement can be met to the full satisfaction of the City. The qualifications of
any transferee shall be determined by hearing before the City Council and the approval
to such transfer shall be granted by resolution of the City Council. Any administrative
costs associated with a transfer of this franchise which require the approval of the City,
shall be reimbursed to the City within 30 days of such transfer.
Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded
from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065,
except that fees may be collected for administrative expenses related to such franchise.
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AT &T does hereby warrant that its operations, as authorized under this franchise, are
those of a telephone business as defined in RCW 82.04.065.
B. AT &T shall be subject to a $5,000 administrative fee for reimbursement of
costs associated with the preparation, processing, and approval of this Franchise
Agreement. These costs shall include, but not be limited to, wages, benefits, overhead
expenses, equipment, and supplies associated with such tasks as plan review, site visits,
meetings, negotiations, and other functions critical to proper management and
oversight of City's right -of -way. Administrative fees exclude normal permit fees as
stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time
administrative fee is due 30 days after franchise approval.
C. In the event AT &T submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review or inspection, AT &T shall reimburse City for franchise amendment and
expenses associated with the project. AT &T shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by AT &T to make full payment of bills within the time specified shall
be considered sufficient grounds for the termination of all rights and privileges existing
under this ordinance, utilizing the procedures specified in Section 6 of this ordinance.
Section 11. Notices. Any notice to be served upon the City or AT &T shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
AT &T Corp.
Right -of -Way Engineering
3001 Cobb Parkway, NW Room 162
Atlanta GA 30339
with a copy to:
AT &T
One AT &T Way
Room 3A118A
Bedminster, NJ 07921
Attn: Legal Department Network Services
Section 12. Indemnification.
A. AT &T shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation, and maintenance
of its structures and facilities. AT &T shall indemnify and hold the City harmless from
all claims, actions or damages, including reasonable attorney's and expert witness fees,
which may accrue to or be suffered by any person or persons, corporation or property
to the extent caused in part or in whole by any negligent act or omission of AT &T, its
officers, agents, servants or employees, carried on in the furtherance of the rights,
benefits, and privileges granted to AT &T by this Franchise. In the event any claim or
demand is presented to or filed with the City which gives rise to AT &T's obligation
pursuant to this section, the City shall, within a reasonable time, notify AT &T thereof
and AT &T shall have a right, at its election, to settle or compromise such claim or
demand. In the event any claim or action is commenced in which the City is named a
party, and which suit or action is based on a claim or demand which gives rise to
AT &T's obligation pursuant to this section, the City shall promptly notify AT &T
thereof, and AT &T shall, at its sole cost and expense, defend such suit or action by
attorneys of its own election. In defense of such suit or action, AT &T may, at its election
and at its sole cost and expense, settle or compromise such suit or action. This section
shall not be construed to require AT &T to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
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4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
B. To the extent of any concurrent negligence between AT &T and the City,
AT &T's obligations under this paragraph shall only extend to its share of negligence or
fault. The City shall have the right at all times to participate through its own attorney in
any suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise when the City determines that such participation is
required to protect the interests of the City or the public. Such participation by the City
shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, AT &T expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its officers, agents and employees and agrees that the obligation to indemnify, defend
and hold harmless provided for in this paragraph extends to any claim brought by or
on behalf of AT &T's officers, agents or employees. This waiver is mutually negotiated
by the parties.
Section 13. Severability. If any section, sentence, clause or phrase of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
either party may deem the entire ordinance to be affected and thereby nullified.
However, in the event that a determination is made that a section, sentence, clause, or
phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the
portion declared invalid or unconstitutional as severable and maintain in force the
remaining provisions of this ordinance; provided that, if the City elects, without
agreement by AT &T, to enforce the remaining provisions of the ordinance, AT &T shall
have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this agreement is
intended to satisfy the requirements of all applicable laws, administrative guidelines,
rules, orders, and ordinances. Accordingly, any provision of this agreement or any local
ordinance which may conflict with or violate the law shall be invalid and
unenforceable, whether occurring before or after the execution of this agreement, it
being the intention of the parties to preserve their respective rights and remedies under
the law, and that the execution of this agreement does not constitute a waiver of any
rights or obligations by either party under the law.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. AT &T shall not by this Franchise
Agreement obtain any vested rights to use any portion of the City right -of -way except
for the locations approved by the City and then only subject to the terms and conditions
of this Franchise Agreement. This Franchise Agreement and the permits issued
thereunder shall be governed by applicable City ordinances in effect at the time of
application for such permits.
Section 16. Future Rules, Regulations, and Specifications. AT &T acknowledges
that the City may develop rules, regulations, and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to AT &T, shall thereafter govern AT &T's
activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect AT &T's rights pursuant to
and in accordance with this Franchise Agreement; or
2. be applied in a discriminatory mariner as it pertains to AT &T and other
similar user of such facilities.
Section 17. Repealer. Ordinance No. 2128 is hereby repealed.
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Section 18. 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
and effect 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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
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Jim Haggerton, Mayor
Office of the City Attorney
Attachments: Exhibit A, Fiber Optic System
Exhibit A -1, AT &T Fiber Optic Network Map
Exhibit B, Acceptance Form
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 8 of 8
EXHIBIT A
FRANCHISE AGREEMENT
AT &T CORPORATION
Fiber Optic System
AT &T's fiber optic system enters Tukwila from the south on West Valley Highway at S
180 Street. It continues north on West Valley Highway to Southcenter Boulevard.
From this point it continues north on Interuban Avenue S to East Marginal Way S. On
East Marginal Way S, it continues north to Boeing Access Road, then east on Boeing
Access Rd to Airport Way S and finally north on Airport Way S to Seattle.
AT &T acquired another fiber optic system from Touch America. The system enters
Tukwila on Southcenter Boulevard (S 154 Street) at Tukwila International Boulevard.
It then continues east along Southcenter Boulevard for a distance of approximately 5,000
feet where it dead ends.
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5156 St
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Date: June 27, 2006
Date:
City Of Tukwila
City Clerks Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted
Dear Ms. O'Flaherty,
In accordance with and as required by Section A of City of Tukwila Ordinance No.
(the "Ordinance passed by the City Council and approved by the
Mayor on AT &T hereby accepts the terms, conditions and
obligations to be complied with or performed by it under the Ordinance.
Sincerely,
Signature
Printed Name Title
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
AT &T CORPORATION
CAS Iq(I,\ImR: 09_ 1 O D
Ac,I;ND.\ I'LEmTITLE An ordinance amending regulations regarding bid procedures to increase the
authorized expenditure amount and adding emergency procurement procedures.
C \"I'I Discussion Motion
SPONSOR
Si )NS( )R'S
SUMMARY
RI: RI II \\'I lI BY
Fund Source:
Comments:
MTG. DATE
7/13/09
Mtg Date 07/13/09 tl Ltg Date
Council !Mayor n .Ades Svcs DCD Finance Fire 1 I Legal n P &R U Police PW
The ordinance would increase the authorized expenditure amount for items that must
come to Council for approval from $25,000 to $40,000. The ordinance would also add a
provision to the TMC allowing for the declaration of an emergency and waiver of
competitive bidding requirements for qualifying events, as defined in RCW 39.04.280(3).
The Council is being asked to approve the ordinance amending and adding to the TMC.
COW Mtg.
Utilities Cmte
EXPI:;NDITURI';RI )UIRI;D
7/20/09
CouNcIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
Prepared by
SH
SH
ITEM INFORMATION
Resolution
tl stg Date
CA &P Cmte
Arts Comm.
Initials
Mayor's review
A
ORICINAI, ACPND,\ DA'1'1':: JULY 13, 2009
Ordinance Bid Alvard Public Hearing Other
Mtg Date 07/20/09 Mtg Date
F &S Cmte
n Parks Comm.
11
DATE: 7/7/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
COMMIT lD No consensus on dollar amount; Forward to C.O.W.
COST IMPACT FUND SOURCE
AMOUNT B UDGETED APPROPRIATION REQUIRED
MTG. DATE RECORD OF COUNCIL ACTION
7/13/09 1 Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 6/29/09
Ordinance in Draft Form
RCW 39.04.280
Minutes from Finance and Safety Committee meeting of 7/7/09
Ordinance in final form
Mtg Date
ITEM No.
M tg Date
Transportation Cmte
U Planning Comm.
City of Tukwiia
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING REGULATIONS REGARDING BID
PROCEDURES AND ADDING EMERGENCY PROCUREMENT
PROVISIONS; REPEALING ORDINANCE NOS. 2010 AND 1817, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.32;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila seeks to establish an authorized level of
procurement which allows for effective and efficient operation of the City's business by
the Mayor and department directors; and
WHEREAS, the authorized level of purchasing by the Mayor has remained at the
same amount since 1997; and
WHEREAS, the City of Tukwila seeks to establish an emergency purchasing policy
consistent with State law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Amended. Tukwila Municipal Code Chapter 3.32, "Budget
Provisions," is hereby amended to read as follows:
3.32.010 Transfers.
Pursuant to RCW 35A.33.120, transfers within a department or division of the
separate funds of the annual budget shall be by formal motion of the City Council.
3.32.020 Salary Increase.
No salary shall be increased above the amount provided therefor in the annual
budget and specified in the adopted salary plan of the City. Salaries may be increased
subsequent to salary plan changes formally approved by the City Council.
3.32.030 Bids.
When provided for in the annual budget, the Mayor is authorized to call for bids on
public works projects or procure goods or professional services when the project or
procurement, including change orders or amendments, does not exceed $40,000.
3.32.040 Unbudgeted Equipment or Fixed Asset Items.
Any unbudgeted capital equipment or fixed asset item, including components or
services of items, shall be approved by the Mayor and three affirmative votes of the
respective Council committee assigned to the requesting department. "Fixed asset"
items are defined as costing at least $5,000 and having a useful life of at least two years.
W: \Word Processing \Ordinances\Budget Provisions Title 3.32.doc
SH:ksn 07/14/2009
Page 1 of 2
3.32.050 Emergency Procurement.
The Mayor or City Administrator is hereby authorized to waive competitive
bidding requirements in the event of an emergency, as defined by RCW 39.04.280(3).
Such an emergency will be declared in writing by the Mayor or City Administrator. The
City Council will meet within two weeks following the award of the contract to
consider adoption of a resolution certifying that the emergency situation existed and for
approval of the procurement.
Section 2. Repealer. Ordinance Nos. 2010 and 1817, as codified at Tukwila
Municipal Code Chapter 3.32, "Budget Provisions," are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
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 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W\Word Processing \Ordinances \Budget Provisions Title 332 doc
SH ksn 07/14/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
1
1
f ITEM INFORMATION
CAS NUMBber 09-101 ORIGINAL AGINDA DATE: JULY 13, 2009
\G :r' D,\ I'rI :M Trrl.l? A resolution authorizing the Mayor to execute certificates for the Cascade Water
Alliance Official Statement for the Cascade 2009 Bonds.
C.\ l i.GORY
Si )NS(R'S
Si i \II\I. \R1'
Fund Source:
Comments:
Dircussion n Motion
Altg Date 07/13/09 Altg Date
COUNCIL AGENDA SYNOPSIS
Initials
illeetinr Date Prepared by 1 Mayor's review
07/13/09 SH I 14,44
07/20/09 SH
Resolution Ordinance
Nitg Date 07/20/09 ALtg Date
Mtg Date
Council review
SPONSOR H Council Mayor U Adm Svcs DCD Finance 1 1 Fire 1 Legal P&R Police PW
The resolution authorizes the Mayor to sign two Certificates related to the 2009 bond issue
by Cascade Water Alliance. The bond issue, among other items, funds the purchase by
CWA of Lake Tapps and provides for the settlement of water rights issues with local native
groups. Repayment of the debt issuance has already been included in the water rate model
by CWA. The Council is being asked to approve the resolution authorizing the Mayor to
sign the Certificates.
Ri:\'II \\'I?D BY COW Mtg. 1 1 CA &P Cmte F &S Cmte Li Transportation Cmte
n Utilities Cmte Arts Comm. Parks Comm. E Planning Comm.
DATE: 7/7/09
RECOMMENDATIONS:
SP()NS()R /ADMIN. Finance Department
COMM I TE,E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExPI NDI'1'URI RI AMOUNT BUDGETED APPROPRIATION REQUIRED
MTG. DATE 1 RECORD OF COUNCIL ACTION
7/13/09 Forward to next Regular Meeting
MTG. DATE ATTACHMENTS
7/13/09 Informational Memorandum dated 6/30/09
Resolution in Draft Form
Certificate of the City of Tukwila
Closing Certificate of the City of Tukwila
Appendix A (for informational purposes only)
Cascade Water Alliance bond planning (for informational purposes only)
Minutes from Finance and Safety Committee meeting of 7/7/09
7/20/09 Resolution in final form, with attachments
ITEM No.
Bid Award 1 1 Public Hearing n Other
Altg Date Altg Date
ATTEST/ AUTHENTICATED:
APPROVED AS TO FORM BY:
Office of the City Attorney
City of Tukwila
Christy O'Flaherty, CMC, City Clerk
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, EXECUTING CERTIFICATES AND APPROVING
FINANCIAL AND OPERATING INFORMATION OF THE CITY OF
TUKWILA FOR THE CASCADE WATER ALLIANCE OFFICIAL
STATEMENT FOR THE CASCADE 2009 BONDS.
WHEREAS, Cascade Water Alliance "Cascade anticipates the issuance in
August 2009 of its Water System Revenue Bonds, 2009 (the "Cascade 2009 Bonds and
WHEREAS, under the Interlocal Contract effective April 1, 1999, as amended and
restated on December 15, 2004, that established Cascade, the City of Tukwila (the
"Member has agreed to provide such certificates or verifications as are reasonably
requested" in connection with the issuance of bonds by Cascade, including a written
undertaking (an "Undertaking to provide continuing disclosure pursuant to
paragraph (b)(5) of Securities and Exchange Commission Rule 15c2 -12; and
WHEREAS, Member representatives have assisted Cascade in providing financial
and operating information about the Member for inclusion in the official statement for
the Cascade 2009 Bonds (the "Cascade Official Statement
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor of Tukwila, as the Member's representative to and board
member of Cascade, in connection with the issuance of the Cascade 2009 Bonds, is
authorized to execute a certificate or certificates constituting the Undertaking,
approving financial and operating information about the Member in the Cascade
Official Statement, and including such other certifications or verifications as Cascade
may reasonably request.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this day of 2009.
W: \Word Processing\Resolutions \Cascade 2009 Bonds Motion.DOC
SH:ksn 07/14/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachments: Exhibit A Certificate of City of Tukwila
Exhibit B Closing Certificate of City of Tukwila
Page 1 of I
CERTIFICATE OF CITY OF TUKWILA
The City of Tukwila (the "City a code city and a member of the Cascade Water
Alliance "Cascade hereby certifies to Cascade and to Lehman Brothers Inc. (the
"Underwriter as set forth below. Capitalized terms used below but not defined have the
meanings assigned thereto in the Bond Purchase Agreement (the "Purchase Agreement
between the Underwriter and Cascade.
1. The City is a code city duly organized under the laws of the State of Washington
(the "State and duly authorized to own and to operate its water system (which is identified in
the Preliminary Official Statement) and to provide this Certificate (the "Certificate to Cascade
and to the Underwriter.
2. The City has full legal right, power and authority:
a. to execute and deliver this Certificate and to perform its obligations
contained herein;
b. to execute and deliver the Closing Certificate of the City (the "Member
Closing Certificate
c. to enter into the Amended and Restated Interlocal Contract, dated as of
December 15, 2004 (the "Interlocal Contract" and together with this Certificate, the "Member
Documents among Cascade and the members named therein (collectively, the "Members
and
d. to confiuin the accuracy of the Member Information defined below.
3. Attached to this Certificate are true and correct copies of the following
documents:
EXHIBIT A
Resolution No. 1685, dated July 20, 2009, evidencing a motion authorizing
the Mayor to sign the Member Documents;
Resolution No. 1417, dated May 3, 1999, authorizing the Mayor to sign the
original version of the Interlocal Contract; and
Regular Meeting Minutes dated December 16, 2002, evidencing a motion
authorizing the Mayor to sign the Amended and Restated Interlocal Contract.
Such resolutions and motion were adopted at meetings duly convened and held in all respects
according to law. To the extent required by law, due and proper notice of such meetings was
given; a quorum was present throughout such meetings; a legally sufficient number of votes were
cast in the proper manner for the adoption of such resolutions and motions. The resolutions and
motion are in full force and effect as of the date hereof and have not been amended, superseded
or repealed.
4. The City has duly authorized the execution and delivery by the City of each of the
Member Documents, and each of the Member Documents has been fully authorized, executed
and delivered by the City.
1
5. As of the date of the Preliminary Official Statement and as of the date of this
Certificate, the information concerning the City contained in Appendix A (except the amount of
the budgeted 2009 payments to Cascade, which are obtained from Cascade) and under the
heading "THE MEMBERS City of Tukwila" in Cascade's Preliminary Official Statement
(collectively, the "Member Information is true and correct.
6. Each of the representations and warranties of the City contained in the Member
Documents is true and correct as of the date of this Certificate as if made on the date of this
Certificate.
7. If, between the date of the Purchase Agreement and the date 25 days following
the date of the Closing
a. Any event shall occur or any pre- existing fact or condition shall become
known to the City that might or that would cause the Member Information, as then supplemented
or amended, to contain any untrue statement of a material fact, the City shall promptly notify
Cascade thereof; and
b. if, in the reasonable opinion of the Underwriter, such event, fact, or condition
requires the preparation and publication of a supplement or amendment to the Official Statement,
the City will provide to Cascade a supplement or amendment to the Official Statement in a form
and in a manner approved by the Underwriter.
8. The execution and delivery by the City of this Certificate and of the Interlocal
Contract do not conflict with, result in a breach of or constitute a default under any of the terms
or conditions of any resolution, ordinance, mortgage, deed of trust, lease or other agreement or
instrument to which the City is a party or by which it or any of its property is bound, or any laws,
judgments, decrees, rules or regulations applicable to the City of any court or other governmental
body or any other applicable requirement of law; and no consent, approval, authorization, order,
permit, registration or qualification of or with any such court or governmental agency or body
was or is required for the execution and delivery of wither of the Member Documents.
9. The City agrees to furnish such information, to execute such instruments and to
take such other action in cooperation with the Underwriter and not inconsistent with law, as may
be requested by the Underwriter to
a. qualify the Bonds for offer and sale under the blue sky or other securities laws
and regulations of such states and other jurisdictions of the United States of America as may be
designated by the Underwriter and
b. determine the eligibility of the Bonds for investment under the laws of such
states and other jurisdictions and shall cooperate with the Underwriter to continue such
qualifications in effect so longer as required for the distribution of the Bonds;
provided, however, that in each case the City shall not be required to execute a general consent
to service of process or to qualify to do business in connection with any such qualification or
detennination in any jurisdiction.
2
10. The City is not in material breach of or in default under the Interlocal Contract or
in material breach of or in material default under any material agreement of the City's water
utility, and no event has occurred and is continuing that constitutes or that with the passage of
time or the giving of notice, or both, would constitute a material breach of or material default or
event of default under any such material agreement.
11. In each year in which Member Charges the City is required to pay is 10 percent or
more of the sum of the Member Charges paid by all of the Members in such year, the City will
provide to Cascade, not later than the last day of the eighth month of each fiscal year of the City
(but if either the City's or Cascade's fiscal year changes so that it ends on other than December
31, then no later than 30 days before Cascade's continuing disclosure is due),
a. audited financial statements for the City for the prior fiscal year, prepared in
accordance with generally accepted accounting principles applicable to Washington cities, and if
audited financial statements are not available at that time, the City may provide unaudited
financial statements with audited financial statements to be provided to Cascade when they
become available; and
b. updated Member Infoimation consisting of historical financial infoli iiation
and operating data for the City of the type included under the heading "THE MEMBERS
Member and Regional Water Rates," and in Appendix A of Cascade's Official Statement.
12. The City confines that it has not been in default on any of its debt obligations and
further confirms that during the previous five years it has not failed to comply, in all material
respects, with any previous undertakings in a written contract or agreement specified in
paragraph (b)(5)(i) of the Rule.
13. The City agrees that any certificate signed by any officer of the City and delivered
to the Underwriter shall be deemed to be a representation and warranty by the City to the
Underwriter as to the statement made therein.
14. The officer of the City signing this Certificate is duly authorized to sign this
Certificate on behalf of the City.
15. At the Closing, the City shall cause to be delivered to the Underwriter and to
Cascade the opinion of counsel to the City and the Member Closing Certificate and the other
documents and certificates required of the Member pursuant to Paragraph 7(e) of the Purchase
Agreement.
Dated this day of July, 2009.
3
CITY OF TUKWILA
By:
Title:
City of Tukwila
Washington
Resolution No. 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN CASCADE WATER ALLIANCE
INTERLOCA.L CONTRACT, AND ASSIGNMENT AND
ASSUMPTION OF WATER PURVEYOR CONTRACT
WITH SEATTLE.
WHEREAS, since 1993, elected officials from the City of Seattle, the Suburban
Cities Association, and the King County Water Alliance have engaged in a facilitated
negotiation to identify a new governance arrangement that would promote the
cooperative use of water and enable the development of new regional water supplies;
and
WHEREAS, an arrangement encouraging discussion among three major partners
in the region's water supply —the King County Water Alliance, Seattle Caucus, and the
Suburban Cities Caucus "Tri- Caucus —was established; and
WHEREAS, on August 30, 1995, the participants in that process executed a "Tri-
Caucus Agreement of principles regarding the relationship between Seattle and the new
Entity (Cascade Water Alliance)," which provided for cooperative planning,
development, and management of regional water supplies; and
WHEREAS, agencies are now proceeding to create, by interlocal contract, the
Cascade Water Alliance, an intergovernmental body that will further the interests of its
members while working cooperatively with other water supply entities in the region;
and
WHEREAS, the Cascade Water Alliance is an organization of municipalities
formed for the purpose of obtaining and developing supplies of water for its members;
and
WHEREAS, the City of Tukwila is a municipality that supplies water to residents
and customers within (and without) its municipal boundaries; and
WHEREAS, an offer has been extended to the City of Tukwila to join the Cascade
Water Alliance; and
WHEREAS, a water audit has been completed for the City of Tukwila; and
WHEREAS, the City Council of the City of Tukwila has voted to join the Cascade
Water Alliance in order to assure its residents and customers continued water supply,
and allow the City of Tukwila to actively participate in the operational planning and
decisions of regional water system issues;
CASCADE WATER ALLMNCC CONTRACT 4/29/99
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Application to Cascade Water Alliance.
A. The Mayor of the City of Tukwila is authorized on behalf of the City to
execute the Cascade Water Alliance Interlocal Contract, a copy of which contract has
been assigned Number X73 in accordance with the terms and conditions of the
application process adopted by the Cascade Water Alliance
B. The Mayor of the City of Tukwila is authorized on behalf of the City to
execute that certain Assignment and Assumption of the Water Purveyor Contract with
the City of Seattle, a copy of which Contract has been assigned NumberC I
PASSED BY THE CITY COUNCIL F THE CI OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 3 day of 1999.
C?ve Fenton, Council resident
ATTEST /AUTHENTICATED:
E. Cantu, CMC, City Clerk
APPROVED AS T.gFORI\4:
By:
Office of the City Att2y
Filed with the City Clerk: 4 Z 9-
Passed by the City Council: •5'- 3 9 7
Resolution Number S/ 7
CASCADE WATER ALLIANCE CONTRACT 4/29/99
City of Tukwila
City Council Regular Meeting Minutes
c. Byron Saunders
Page 2 of 6
December 16, 2002
Introduced by Ms. Lauterbach, Mr. Saunders is a long -time volunteer within the City and is glad to be a
part of the Commission.
HERNANDEZ MOVED; DUFFIE SECONDED; THE APPOINTMENT OF BYRON SAUNDERS TO THE
EQUITY AND DIVERSITY COMMISSION, POSITION #9; WITH A TERM TO EXPIRE 07- 31 -05.
The motion carried 6 0.
3. LIBRARY ADVISORY BOARD Arthur McCammon
Although not present, Mr. Doerschel noted that Mr. McCammon is one of the original Library Advisory
Board members and wishes to continue.
LINDER MOVED; DUFFIE SECONDED; THE REAPPOINTMENT OF ARTHUR MCCAMMON TO THE
LIBRARY ADVISORY BOARD, POSITION #1, WITH A TERM TO EXPIRE 12- 31 -04.
The motion carried 6 -0.
CITIZEN COMMENT !CORRESPONDENCE:
Jessie Richardson, 4632 South 148 Street, Tukwila, informed Council of an October 30 incident
wherein King County Animal Control took her family dog into custody, after being found outside the
fenced yard. The breed of the dog was in question (wolf hybrid or not) and the dog was ordered to
remain in the care of King County until such a determination was made. Wolf hybrid dogs are not
allowed within King County. After days of missed work, traveling from vets to others knowledgeable in
the field of dog breeds, Internet review, hiring an attorney and appealing the matter, it was ordered the
dog be returned to the Richardson home. It was found not to have been a wolf hybrid.
Ms. Richardson spoke of concern for others who might not be able to afford an attorney when such an
incident arose. She spoke with a desire to "see change" in this area by the Council.
CONSENT AGENDA:
a. Approval of Minutes November 18 and December 2 Regular Meetings
b. Approval of Vouchers 240416- 240773, in the amount of $1,982,219.48
c. Authorize the Mayor to sign a renewal contract with 3H Cable Consultants, in the amount
of $11,551.00, for Consultant Services in 2003
d. Authorize the Mayor to sign an Interlocal Agreement with Cascade Water Alliance
LINDER MOVED; DUFFIE SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED.
The motion carried 6 0.
BID AWARD:
Award a contract to R. W. Scott Construction Company in the amount of
$6,844,847.17, for construction of the Tukwila International Boulevard Street
Improvement Phase I Project (South 152 to South 138 Street)
Jim Morrow, Public Works Director, asked Council to award the construction contract for the Phase I work
of the Tukwila International Boulevard project. The current value (total project costs) is $9,167,332.00;
while the total budget dollars available (from all sources) are $8,680,800.00; leaving a deficit of
$486,532.00.
Mr. Morrow assured Council he would continue his
budget deficit mentioned above. Such negotiations
Sound Energy (Natural Gas) and Qwest. After
recent efforts to negotiate options for reducing the
may take place with Seattle City Light and /or Puget
questioning items relative to tree planting and
EXHIBIT B
CLOSING CERTIFICATE OF THE CITY OF TUKWILA
The City of Tukwila (the "City a code city and a member of the Cascade Water
Alliance "Cascade hereby certifies to Cascade and to Lehman Brothers Inc. (the
"Underwriter as follows (capitalized terms used below but not defined have the
meanings assigned thereto in the Bond Purchase Agreement (the "Purchase
Agreement between the underwriter and Cascade):
1. Each of the representations and warranties of the City contained in its
Member Certificate is true and correct as of the date of this Closing Certificate as if
made on the date of this Closing Certificate, and as of the date of this Closing
Certificate, each of the representations and warranties contained in its Member
Certificate is true and correct assuming that (i) where the phrase "the Preliminary
Official Statement and the Official Statement" and (ii) the term "Member's Documents"
includes this Closing Certificate as well as the member Certificate and the Interlocal
Contract.
2. The City confirms its agreements contained in its Member Certificate,
including in particular, the City's agreements contained in Paragraphs 7, 9 and 11 of the
Member Certificate.
3. The officer of the City signing this Closing Certificate is duly authorized
to sign this Closing Certificate on behalf of the City.
Dated this day of July, 2009.
1
CITY OF TUKWILA
By:
Title: Mayor
CAS NUNIBI:R: 61 D
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by I Mayor's review Council review
07/13/09 SH I A .lam t
07/20/09 SH
r
ITEM INFORMATION
ORIGINAL AG1?NDA DATE: JULY 13, 2009
ITEM No.
Ac I :ND.\ I I l AI Tn'u: Authorization for the Mayor to sign a hold harmless agreement with Bellevue
regarding distribution of proceeds from sale of the Jail Alternative Group (JAG)
property.
C. vI•ISGORY Discussion Motion U Resolution Ordinance Bid Award
Altg Date 07/13/09 Mtg Date 07/20/09 Illtg Date tlltg Date A Itg Date
SI'c)NS( )R Council n Mayor U Adm Svcs DCD Finance n Fire Legal P&R Police U PW
SPONSOR'S
SUMMARY
Fund Source:
Comments:
MTG. DATE
7/13/09
MTG. DATE
7/13/09
7/20/09
Public Hearing E Other
tlltg Date Aitg Date
This agenda item authorizes the Mayor to sign a hold harmless agreement with the City of
Bellevue concerning distribution of proceeds from the sale of the JAG property in Bellevue.
The agreement acknowledges the City's intent to use the proceeds to fund design and
other costs for the SCORE jail facility.
The Council is being asked to authorize the Mayor to sign the hold harmless agreement.
RI BY COW Mtg. n CA &P Cmte F &S Cmte n Transportation Cmte
Utilities Cmte n Arts Comm. Parks Comm. n Planning Comm.
DATE: 7/7/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExiINDITURI RI AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 6/30/09
Proceeds Distribution and Hold Harmless Agreement
JAG Property Proceeds Distribution (for informational purposes only)
Minutes from the Finance and Safety Committee meeting of 7/7/09
No attachments
APPROPRIATION REQUIRED
CAS NUmber 09-104
AG I ,N D.\ I LEM TITI.1 Tukwila South Independent Public Works Project Manager
C. \"I'I :X;ORY
SPONSOR
SPONSOR'S
SI': \I \I. \R1'
RI',\'II ',WI
Disciisi ion Motions Resolution Ordinance 1 Bid Award 1 1 Public Hearing Other
MTG. DATE
7/20/09
MTG. DATE
7/20/09
o_ 1 IOI
COW Mtg.
Utilities Cmte
ExPINDI"1'URI? RI?QUIRIM
$100,000
COUNCIL AGENDA SYNOPSIS
Initials
i'vIeetino Date Prepared by 1 Mayors review 1 Cowutlr' ev ;ew
07/20/09 RB I _/L. e— t!�/
IJ
ITEM INFORMATION
I ORIGINAL AGENDA DATE: JULY 20, 2009
it Ltg Doty 7/20/09 Mt& Date 07/20/09 Mtg Date 7/20/09 Mtg Date Mtg Date
n CA &P Cmte F &S Cmte
Arts Comm. Parks Comm.
ATTACHMENTS
Informational Memorandum dated 7/20/09
Draft Resolution
Draft contract for Anchor QEA, LLC
Draft contract for KPFF
11
Planning Comm.
DATE: Tukwila South; goes directly to Council
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor recommends approval at July 20, 2009 Regular meeting
COMMI 11Thli
Fund Source: $50,000 FROM GRANT FUNDS AND $50,000 REIMBURSEMENT FROM LA PIANTA LLC
Comments:
RECORD OF COUNCIL ACTION
ITEM No.
k
tlitg Date Ritg Date
Council Mayor U Adtn Svcs DCD Finance Fire Legal U P&R Police PW
Authorize Mayor to sign contracts with Anchor QEA and KPFF for Tukwila South
independent Public Works project management services in the amount of $50,000 for each
contract (using $50,000 grant funds and with $50,000 reimbursement by La Pianta LLC)
and adopt a Resolution delegating Public Works authority to issue permits on a Tukwila
South Project -only basis.
Transportation Cmte
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
TO:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
City Council
Mayor Haggerton
FROM: Rhonda Berry, City Administrator
DATE: July 20, 2009
SUBJECT: Tukwila South Independent Public Works Project Manager
Jim Haggerton, Mayor
Authorize the Mayor to adopt a resolution delegating Public Works permitting authority for the
Tukwila South Project (only) and authorize the Mayor to sign contracts with Anchor QEA and
KPFF for Tukwila South independent Public Works project coordination services.
On June 8, 2009 the City Council adopted Ordinance 2233 approving a Development
Agreement for the Tukwila South Project. On June 10, the Mayor and the La Pianta
representative signed the Development Agreement. Additionally, Council adopted ordinances
and a resolution approving various associated land use actions. On June 15 the Council
approved annexation of the portion of the Tukwila South Project that is currently outside the
City's incorporated boundaries.
At the Mayor's direction, staff has begun to implement the provisions of the Development
Agreement. There are several actions in the Development Agreement, which must occur by
certain times or the Development Agreement terminates. Staff and La Pianta have begun work
on an escrow agreement, interviewing accountants, and the annexation submittal to the
Boundary Review Board.
We want to continue the momentum to implement Tukwila South. As with other Tukwila South
related items, this item is brought directly to Council at a Regular meeting.
The Public Works staff is very busy with their current responsibilities. The Public Works Director
is in charge of the Howard Hanson Dam efforts by Valley cities, and this focus needs to remain
strong and continue at least through one flood season. Additionally, the Department is engaged
in other projects such as Klickitat and TIB Phase 11 and III. This model of a centralized
coordinator for large -scale projects has worked well in other jurisdictions such as the City of
Issaquah, so that the dedication of staff time towards project management does not detract from
the Department's level of service to the rest of the City. As a result, the City proposed to La
Pianta that we retain the services of an independent project coordinator who can focus on this
project and serve as a resource for this public private partnership.
INFORMATIONAL MEMO
Page 2
Through a series of interviews and discussions, we have found a good combination of
individuals and firms to be the Tukwila South independent Public Works project manager; these
individuals have the relevant experience and have worked together many times as a team in the
past. They will provide good, high level direction to get the levee, Southcenter Parkway, and
necessary City permits completed in order to move Tukwila South forward and continue the
momentum.
These firms are Anchor QEA and KPFF. Bob Montgomery, PE, and Mark Veldee, PE, are the
firms' representatives, respectively. They, and their associates, have direct knowledge of the
other agencies and permit- issuers involved, of how to complete a FEMA levee certification
project (which Public Works has not done), and of issuance of City permits. One contract for
each firm, in substantially final form, is attached.
The estimated expense for these project coordination services is $100,000. The City is able to
use its state grant funds for "project administration" services such as these. As a means of
keeping the Tukwila South Project moving ahead, La Pianta LLC has offered to reimburse the
City for half of the costs ($50,000) and will sign a contract with the City. Therefore, the expense
of these services will not impact the City's General Fund. So that there is not appearance of a
conflict of interest, La Pianta will not have a contract directly with these firms. La Pianta will
enter into a reimbursement contract with the City for 50% of the fees and costs billed. This is
similar to other cities, which require applicants to reimburse the City for direct services received
in the development review process.
A resolution is attached which delegates the Public Works permitting authority and project
review to the Anchor QEA and KPFF team for Tukwila South Project only. This will allow them
to act as the City's agent and issue permits, such as clearing and grading and flood control zone
for Tukwila South applications only. At the time all the major Tukwila South work is completed,
a future resolution will be brought to Council to rescind this resolution.
This change will prove beneficial to keep the Tukwila South project moving forward and on
schedule to bring new revenue to the City.
RECOMMENDATION
Adopt the resolution delegating Public Works permitting authority for the Tukwila South project
issues to the new Tukwila South independent project manager (Anchor QEA and KPFF), at the
Council's Regular meeting on July 20, 2009.
Authorize the Mayor to sign contracts, in substantially the form presented, for Tukwila South
independent project management services with both Anchor QEA and KPFF in the amount of
$50,000 for each contract at the Council's Regular Meeting on July 20, 2009.
ATTACHMENTS
Draft Resolution
Draft contract with Anchor QEA
Draft contract with KPFF
WATS Indep PW Proj Mgr7- 20- 09.doc
APPROVED AS TO FORM BY:
Office of the City Attorney
City of Tukwila
Resolution No.
Christy O'Flaherty, CMC, City Clerk
Washington
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF TUKWILA,
WASHINGTON, DELEGATING PUBLIC WORKS PERMITTING AUTHORITY
FOR THE TUKWILA SOUTH PROJECT TO ANCHOR QEA AND KPFF.
WHEREAS, the City of Tukwila will acquire by annexation, approximately 259 acres of
real property, known as the "Tukwila South Property," generally located between the
boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the
south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and
WHEREAS, the Tukwila South Property is being developed consistent with the Tukwila
South Master Plan, and the permits related to such development are expected to be numerous
and beyond the normal workload of the City's Public Works Department staff; and
WHEREAS, Anchor QEA is an environmental and engineering firm that specializes in
projects with aquatic, shoreline and water resource elements. It has extensive expertise and
experience addressing environmental review and permitting, water resources, water quality,
habitat restoration and sediment management, through levee projects, Endangered Species Act
(ESA) compliance, and engineering design services. KPFF Consulting Engineers provides full
service civil and structural engineering to public and private sector development, including
local public works department experience; experience coordinating with regulatory agencies for
approval at federal, state and local levels; management of multi- disciplinary consultants to
deliver complex projects; and extensive road construction oversight and management (such as
Seattle's Spokane Street Viaduct); and
WHEREAS, the team of Anchor QEA and KPFF will provide oversight for the public
works functions related to the Tukwila South Project, and Anchor QEA, in particular, will
provide oversight for the Green River levee certification, site environmental review, and large
scale stormwater facilities review; and KPFF, in particular, will provide oversight of the
permitting and construction of Southcenter Parkway and overall parcel grading activities; and
WHEREAS, to better meet the needs of the City in fulfilling its obligations related to
development of the Tukwila South Project, the City accordingly desires to delegate permitting
authority from the Public Works Director to the team of Anchor QEA and KPFF;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Delegation of Authority. Permitting authority for Public Works permits related
to the Tukwila South Project is hereby delegated from the Public Works Director to the team of
Anchor QEA and KPFF to better meet the needs of the City in fulfilling its obligations related to
the Tukwila South Project.
Section 2. Duration. This delegation of authority shall remain in effect until rescinded by
resolution of the City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
W: \Word Processing \Resolutions \TS Delegating Permitting Authority.doc
ksn 07/17/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of 1
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into by and between the City of Tukwila, Washington, a
noncharter optional municipal code city, hereinafter referred to as "the City," and Anchor
OEA, LLC, hereinafter referred to as the "Consultant," for the purpose of providing
project coordination services related to the Tukwila South Development.
WHEREAS, the City has determined the need to have certain services perfoinied
for its citizens; and
WHEREAS, the City desires to have the Consultant perform such services
pursuant to certain terms and conditions; now, therefore;
IN CONSIDERATION OF the mutual benefits and conditions set forth below, the
parties hereto agree as follows:
1. Scone of Services to be Performed by the Consultant. The Consultant 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 Consultant 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.
2. Compensation and Method of Payment.
W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc
Contract No.
The City shall pay the Consultant for services rendered within ten (10) days after City
Council voucher approval in the foiiu set forth on Exhibit "B" attached hereto and
incorporated herein by this reference. The City shall pay the Consultant its regular
hourly rates, in an amount not to exceed $50,000.00. The Consultant shall complete and
return Exhibit "C" Taxpayer Identification Number, to the City prior to or along with the
first billing voucher submittal.
3. Duration of Agreement. This Agreement shall be in full force and effect for a
period commencing July 20, 2009 and ending July 19, 2010, unless sooner terminated
under the provisions hereinafter specified.
4. 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.
5. Independent Consultant. The Consultant and the City agree that the
Consultant is independent 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 paying, withholding, or otherwise deducting any customary state or federal payroll
deductions, including but not limited to FICA, FUTA, state industrial insurance, state
workers compensation, or otherwise assuming the duties of an employer with respect to
the Consultant or any employee of the Consultant.
6. Indemnification. The Consultant shall indemnify, defend, and hold harmless
the City, its agents, and employees from and against any and all liability arising from
injury or death to persons or damage to property resulting in whole or in part from
negligent acts or omissions of the Consultant, its agents, servants, officers, or employees,
irrespective of whether in connection with such act or omission it is alleged or claimed
that an act of the City, its agents, or employees caused or contributed thereto. In the
event that the City shall elect to defend itself against any claim or suit arising from such
injury, death, or damage, the Consultant shall, in addition to indemnifying and holding
the City hainiless from any liability, indemnify the City for any and all expenses incurred
by the City in defending such claim or suit, including reasonable attorneys' fees.
7. Insurance.
A. The Consultant shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000 per occurrence /aggregate for personal injury and property
damage. Said policy shall name the City of Tukwila as an additional named insured and
shall include a provision prohibiting cancellation or reduction in the amount of said
policy except upon thirty (30) days prior written notice to the City. Cancellation of the
required insurance shall automatically result in tei niination of this Agreement.
B. In addition to the insurance provided for in Paragraph A above, if
applicable, the Consultant shall procure and maintain in full force professional liability
insurance for those services delivered pursuant to this Agreement that, either directly
through Consultant employees or indirectly through contractual or other arrangements
with third parties, involve providing professional services. Such professional liability
insurance shall be maintained in an amount not less than $1,000,000 combined single
limit per claim /aggregate. For the purposes of this Paragraph "professional services"
shall include, but not be limited to, the provision of any services provided by any licensed
professional.
C. Certificates of coverage as required by Paragraphs A and B above shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
-2—
W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc
8. Record Keeping and Reporting.
A. The Consultant 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
pursuant to this Agreement. The Consultant shall also maintain such other records as
may be deemed necessary by the City to ensure proper accounting of all funds
contributed by the City to the performance of this Agreement and compliance with 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. The City shall have the right to conduct
an audit of the Consultant's financial statement and condition and to a copy of the results
of any such audit or other examination performed by or on behalf of the Consultant.
10. Tennination. This Agreement may at any time be terminated by the City
upon giving the Consultant thirty (30) days written notice of the City's intention to
terminate the same. If the Consultant's insurance coverage is canceled for any reason,
the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the
Consultant under this Agreement on the basis of race, color, religion, creed, sex, age,
national origin, marital status, or presence of any sensory, mental, or physical handicap.
12. Assignment and Subcontract. The Consultant shall not assign or subcontract
any portion of the services contemplated by this Agreement without the prior written
consent of the City.
13. Entire Agreement. This Agreement contains the entire agreement between
the parties hereto, and no other agreements, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or bind any of the parties hereto.
Either party may request changes to the Agreement. Proposed changes which are
mutually agreed upon shall be incorporated by written amendments to this Agreement.
-3—
W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc
14. Notices. Notices to the City of Tukwila shall be sent to the following
address:
By:
Attest /Authenticated:
Approved As To Form:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to the Consultant shall be sent to the following address:
Anchor QEA, LLC
811 Kirkland Avenue, Suite 200
Kirkland, WA 98033
15. Applicable Law; Venue; Attorneys' 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 exclusively
in King County, Washington. The prevailing party in any such action shall be entitled to
its attorneys' fees, expert witness fees, and costs of suit.
CITY OF TUKWILA, WASHINGTON ANCHOR QEA, LLC
Jim Haggerton, Mayor
Date: Date:
Christy O'Flaherty, CMC, City Clerk
Shelley Kerslake, City Attorney
-4—
W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc
By:
Its:
EXHIBIT A SCOPE OF SERVICES
Consultant shall provide engineering services regarding the Tukwila South Project as
follows:
Independent Public Works Project Management
Scope of Work Outline
City of Tukwila, Tukwila South Project
Coordinate with KPFF to provide project coordination services.
Project Status review.
Project Monitoring and reporting, in conjunction with KPFF.
Levee Permitting Review and Assistance. Provide a review of the levee permit
applications and their status within the COE, FEMA and NMFS. Work with the
City and La Pianta to ensure issues are identified and addressed in the permitting
applications and supporting documents. Attend meetings with permitting
agencies as needed to help facilitate approval of the levee design and certification
through FEMA.
FEMA Letter of Map Revision (LOMR)
Southcenter Parkway. Provide a review of the Southcenter Parkway and
associated stormwater facility designs to ensure that the roadway is constructed in
accordance with applicable City code's and WSDOT's Local Agency Guideline
environmental standards and requirements. Review the roadway associated
drainage reports to ensure that stormwater from the roadway meets the permit
conditions specified in the local, state and federal approvals required for the
project. Meet with permitting agencies, as necessary, to facilitate ultimate
construction of the roadway.
Review and issue city permits for large stormwater drainage facilities (North and
South Ponds)
Assist with issuing Shoreline Substantial Development Permit
Other responsibilities as needed to accomplish the commitments in the Tukwila
South Development Agreement
-5
W:\2009 InfoMemos \Professional Services Contract Anchor QEA.doc
To: City of Tukwila
Attn: Finance Dept.
6200 Southcenter Blvd.
Tukwila, WA 98188
Phone number: 206 433 -1800
Fax: 206-433-1833
Consultant: Anchor QEA, LLC Telephone:
Mailing Address:
Specific Program:
Contract Period: Reporting Period:
Amount requested this invoice:
Invoice Number: Date of Invoice:
Authorized signature
BUDGET SUMMARY
Total contract amount
Previous payments
Current request
Total requested this
contract to date
Balance remaining
EXHIBIT B
City of Tukwila
Billing Voucher
Note: If applicable, submit a separate voucher for each program which is funded by your
City of Tukwila contract.
Approved for Payment:
For Department Use Only
Date:
6
W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc
In order for you to receive reimbursement from the City of Tukwila, we must have either
a Tax Identification Number or a Social Security Number. The Internal Revenue Code
requires a Form 1099 for payments to every person or organization other than a
corporation for services performed in the course of trade or business. Further, the law
requires us to withhold 20% on reportable amounts paid to unincorporated persons who
have not supplied us with their correct Tax Identification Number or Social Security
Number.
Please complete the following infoiniation request form and return it to the City of
Tukwila before or along the submittal of the first billing voucher.
Please check the appropriate category:
TIN
SS
Print Name:
Print Title:
Business Name:
Business Address:
Business Phone:
Corporation
Government
Individual /Proprietor
EXHIBIT C
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
TAX IDENTIFICATION NUMBER
7
W: \2009 InfoMemos \Professional Services Contract Anchor QEA.doc
Partnership
Other (please explain)
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into by and between the City of Tukwila, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City," and KPFF
Consulting Engineers, hereinafter referred to as the "Consultant," for the purpose of
providing project coordination services related to the Tukwila South Development.
WHEREAS, the City has determined the need to have certain services performed
for its citizens; and
WHEREAS, the City desires to have the Consultant perfoint such services
pursuant to certain terms and conditions; now, therefore;
IN CONSIDERATION OF the mutual benefits and conditions set forth below, the
parties hereto agree as follows:
1. Scope of Services to be Performed by the Consultant. The Consultant 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 Consultant shall at
all times comply with all federal, state, and local statutes, rules, and ordinances
applicable to the perfoiivance of such services and the handling of any funds used in
connection therewith.
2. Compensation and Method of Payment.
W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc
Contract No.
The City shall pay the Consultant for services rendered within ten (10)
days after City Council voucher approval in the foir set forth on Exhibit "B" attached
hereto and incorporated herein by this reference. The City shall pay the Consultant its
regular hourly rates, in an amount not to exceed $50,000.00. The Consultant shall
complete and return Exhibit "C" Taxpayer Identification Number, to the City prior to or
along with the first billing voucher submittal.
3. Duration of Agreement. This Agreement shall be in full force and effect for a
period commencing July 20, 2009 and ending July 19, 2010, unless sooner terminated
under the provisions hereinafter specified.
4. 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.
5. Independent Consultant. The Consultant and the City agree that the
Consultant is independent 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 paying, withholding, or otherwise deducting any customary state or federal payroll
deductions, including but not limited to FICA, FUTA, state industrial insurance, state
workers compensation, or otherwise assuming the duties of an employer with respect to
the Consultant or any employee of the Consultant.
6. Indemnification. The Consultant shall indemnify, defend, and hold haiuiless
the City, its agents, and employees from and against any and all liability arising from
injury or death to persons or damage to property resulting in whole or in part from
negligent acts or omissions of the Consultant, its agents, servants, officers, or employees,
irrespective of whether in connection with such act or omission it is alleged or claimed
that an act of the City, its agents, or employees caused or contributed thereto. In the
event that the City shall elect to defend itself against any claim or suit arising from such
injury, death, or damage, the Consultant shall, in addition to indemnifying and holding
the City harmless from any liability, indemnify the City for any and all expenses incurred
by the City in defending such claim or suit, including reasonable attorneys' fees.
7. Insurance.
A. The Consultant shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000 per occurrence /aggregate for personal injury and property
damage. Said policy shall name the City of Tukwila as an additional named insured and
shall include a provision prohibiting cancellation or reduction in the amount of said
policy except upon thirty (30) days prior written notice to the City. Cancellation of the
required insurance shall automatically result in termination of this Agreement.
B. In addition to the insurance provided for in Paragraph A above, if
applicable, the Consultant shall procure and maintain in full force professional liability
insurance for those services delivered pursuant to this Agreement that, either directly
through Consultant employees or indirectly through contractual or other arrangements
with third parties, involve providing professional services. Such professional liability
insurance shall be maintained in an amount not less than $1,000,000 combined single
limit per claim /aggregate. For the purposes of this Paragraph "professional services"
shall include, but not be limited to, the provision of any services provided by any licensed
professional.
C. Certificates of coverage as required by Paragraphs A and B above shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
-2—
W: \2009 InfoMlemos \Professional Services Contract KPFF Consulting Engineers.doc
8. Record Keeping and Reporting.
A. The Consultant 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
pursuant to this Agreement. The Consultant shall also maintain such other records as
may be deemed necessary by the City to ensure proper accounting of all funds
contributed by the City to the performance of this Agreement and compliance with 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 perfonnance of this Agreement. The City shall have the right to conduct
an audit of the Consultant's financial statement and condition and to a copy of the results
of any such audit or other examination performed by or on behalf of the Consultant.
10. Termination. This Agreement may at any time be teiniinated by the City
upon giving the Consultant thirty (30) days written notice of the City's intention to
terminate the same. If the Consultant's insurance coverage is canceled for any reason,
the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the
Consultant under this Agreement on the basis of race, color, religion, creed, sex, age,
national origin, marital status, or presence of any sensory, mental, or physical handicap.
12. Assignment and Subcontract. The Consultant shall not assign or subcontract
any portion of the services contemplated by this Agreement without the prior written
consent of the City.
13. Entire Agreement. This Agreement contains the entire agreement between
the parties hereto, and no other agreements, oral or otherwise, regarding the subject
matter of this Agreement shall be deemed to exist or bind any of the parties hereto.
Either party may request changes to the Agreement. Proposed changes which are
mutually agreed upon shall be incorporated by written amendments to this Agreement,
3
W:\2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc
14. Notices. Notices to the City of Tukwila shall be sent to the following
address:
By:
Attest /Authenticated:
Approved As To Form:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to the Consultant shall be sent to the following address:
KPFF Consulting Engineers
1601 Fifth Avenue, Suite 1600
Seattle, WA 98101
15. Applicable Law; Venue: Attorneys' 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 teiiuf of this
Agreement, the parties specifically understand and agree that venue shall be exclusively
in King County, Washington. The prevailing party in any such action shall be entitled to
its attorneys' fees, expert witness fees, and costs of suit.
CITY OF TUKWILA, WASHINGTON KPFF CONSULTING ENGINEERS
Jim Haggerton, Mayor
By:
Its:
Date: Date:
Christy O'Flaherty, CMC, City Clerk
Shelley Kerslake, City Attorney
4
W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc
EXHIBIT A SCOPE OF SERVICES
Consultant shall provide engineering services regarding the Tukwila South Project as
follows:
Independent Public Works Project Management
Scope of Work Outline
City of Tukwila, Tukwila South Project
Team with Anchor QEA to provide project oversight. KPFF's responsibility will
be for oversight of the permitting and construction of Southcenter Parkway and
overall parcel grading activities. This includes:
Project Status Review
Project Monitoring and Reporting. Establish a monitoring and reporting process
to track and address key design, permitting, grant and construction issues, and to
communicate and facilitate their resolution. Set project milestones around
significant review, permitting, bidding and construction activities.
Oversee completion of Southcenter Parkway design drawings.
Construction Document Permit Review. KPFF will provide technical review for
both parcel clearing and grading permits and the Southcenter Parkway design.
Review plans for compliance with City and State codes and standards as well as
grant requirements. Upon completion KPFF will determine if a permits should be
issued and what conditions, if any will be placed upon the permits.
Southcenter Parkway Bidding and Awards
Provide Oversight of the Construction Manager. This will include review of
submittals, RFI's, Inspection reports and provide oversight and recommendation
concerning change orders. Provide water quality monitoring. Periodic attendance
at construction meetings, coordinate City inspection efforts, oversight of peiniit
compliance, franchise utility performance and grant compliance issues, periodic
reports to the City Council.
Work as Certified Agency Representative as designated by City of Tukwila
(required for administering federal funds)
Quality control
Project Closure
Coordinate construction with private utilities
Assist with obtaining a FEMA Letter of Map Revision, as needed
Other responsibilities as needed to accomplish the commitments in the Tukwila
South Development Agreement
5
W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc
To: City of Tukwila
Attn: Finance Dept.
6200 Southcenter Blvd.
Tukwila, WA 98188
Phone number: 206 433 -1800
Fax: 206-433-1833
Authorized signature
BUDGET SUMMARY
Total contract amount
Previous payments
Current request
Total requested this
contract to date
Balance remaining
Approved for Payment:
Date:
EXHIBIT B
City of Tukwila
Billing Voucher
Consultant: KPFF Consulting Engineers Telephone:
Mailing Address:
Specific Program:
Contract Period: Reporting Period:
Amount requested this invoice:
Invoice Number: Date of Invoice:
Note: If applicable, submit a separate voucher for each program which is funded by your
City of Tukwila contract.
For Department Use Only
-6—
W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc
In order for you to receive reimbursement from the City of Tukwila, we must have either
a Tax Identification Number or a Social Security Number. The Internal Revenue Code
requires a Form 1099 for payments to every person or organization other than a
corporation for services performed in the course of trade or business. Further, the law
requires us to withhold 20% on reportable amounts paid to unincorporated persons who
have not supplied us with their correct Tax Identification Number or Social Security
Number.
Please complete the following information request form and return it to the City of
Tukwila before or along the submittal of the first billing voucher.
Please check the appropriate category:
TIN
SS
Print Name:
Print Title:
Business Name:
Business Address:
Business Phone:
Corporation
Government
Individual /Proprietor
EXHIBIT C
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
TAX IDENTIFICATION NUMBER
Partnership
7
W: \2009 InfoMemos \Professional Services Contract KPFF Consulting Engineers.doc
Other (please explain)
20th (Monday)
Transportation
Cmte,
5:00 PM
(CR #1)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
27th (Monday)
Community
Affairs
Parks Cmte,
5:00 PM
(CR #3)
City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chmnbers)
21st (Tuesday)
Finance
Safety Cmte,
5:00 PM
(CR #3)
28th (Tuesday)
Utilities Cmte,
5:00 PM
(CR #1)
City Council
Special Mtg.
(Work Session
on Shoreline
Master
Program)
6:00 to 8:00 PM
(Council
Chambers)
Upcoming Meetings Events
JULY AUGUST 2009
22nd (Wednesday)
Arts Commission,
5:30 PM
(Community
Center)
RESCHEDULED
FROM JULY 7TH
GO1 €A B A o0
CANCELLED
Summer Outdoor
Cinema Series
FREE!
(Community Center)
Seating begins at
7:30 PM; movie
starts at dusk.
Today's movie:
Chariots of Fire
(Movie will be shown
inside in the event of
inclement weather.)
29th (Wednesday)
Court
Summer Outdoor
Cinema Series
FREE!
(Community Center)
Seating begins at
7:30 PM; movie
starts at dusk.
Today's movie:
Grease
23rd (Thursday)
Planning
Commission,
7:00 PM
(Council
Chambers)
30th (Thursday)
24th (Friday)
Summer Outdoor
Cinema Series
FREE!
(Community Center)
Seating begins at
7:30 PM; movie starts
at dusk.
Today's movie:
Madagascar:
Escape 2 Africa
(Movie will be shown
inside in the event of
inclement weather)
31st (Friday)
Deadline to register
your neighborhood
for National Night
Out (on August 4th).
"Registered" events
will be visited by
City officials /staff
members.) See
below for info.
Deadline to register
for Tukwila's 16th
Annual Community
Garage Sale
(August 22 23).
"Registered"
addresses with be
included in event
advertising.) See 4
below for info.
Summer Outdoor
Cinema Series
FREE!
(Community Center)
Seating begins at
7:30 PM; movie starts
at dusk.
Today's movie:
Hotel for Dogs
25th (Saturday)
Tukwila Int'l.
Blvd. Action
Cmtc's
Trash Pickup Day
[This month's trash
pickup day was
held July 1 lth.]
Tukwila Pond
Wetland Buffer
Enhancement
Work Party
Volunteers are
needed to help with
habitat restoration
from 9:00 AM to
12:00 NOON.
For more infor-
mation call Tracy
at 206-768-2822
or Sandra at
206 -431 -3663.
All Nations Cup 2009 is here! All events will be held at Starfire Sports complex, Fort Dent Park. The
two -week soccer tournament continues through July 23, with championship games on July 24 and 25 and
the All Star Game also on July 25. For information and game schedules visit www.allnationscup.org.
1st (Saturday)
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 7/21/09 meeting: a) Valley Narcotics
Enforcement Team (VNET) Intel-local Agreement; b) Authorization for transfer offunds representing 3% budget adjustments.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. Agenda item for 7/20/09 meeting: TUC Access Project
(Klickitat) HNTB Design Supplement No. 5.
*Visit http: /www.ci.tukwila.wa.us /police /pdcrimep.html (scroll down to National Night Out link) or call Chris at 206 -431 -2197.
4Visit www.ci.tukwila.wa.us /yardsale.html or call Rebecca at 206 433 -7178.
MONTH MEETING 1 MEETING 2
REGULAR C.O.W.
Jul 6
3rd
Independence Day
(observed)
(City offices closed)
August
Tentative Agenda Schedule
31st
Fifth Monday of the
month—no Council
meeting scheduled
3
Proclamation:
Presentation of
Well City award
Unfinished Business:
Ordinance
renewing
a six-month
moratorium on the
acceptance of
applications for
Sign, Development
and Electrical
permits for certain
types of signage
Authorize the
Mayor to sign a
contract with the
Community
Economic Revitali-
zation Board
(CERB) for the
Tukwila South
project
13 20
10 17
Special Presentation:
King County Sexual
Assault Resource
Center
MEETING 3
REGULAR
See agenda packet
cover sheet for this
week's agenda
(July 20, 2009
Regular Meeting)
MEETING 4
C.O.W.
27
Public Hearing:
Ordinance renewing
a six-month
moratorium on the
acceptance of
applications for Sign,
Development and
Electrical permits for
certain types of
signage
Special Issues:
Ordinance renewing
a six-month
moratorium on the
acceptance of
applications for Sign,
Development and
Electrical permits for
certain types of
signage
Briefing on the
Howard Hanson
Dam
Contract with the
Community
Economic Revitali-
zation Board (CERB)
for the Tukwila
South project
24
Special Issues:
Tukwila Village
development
negotiations update
(discussion only)
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING