HomeMy WebLinkAboutUtilities 2013-10-07 COMPLETE AGENDA PACKETCity of Tukwila
Utilities Committee
• Joe Duffie, Chair
• Allan Ekberg
• Verna Seal
AGENDA
Distribution:
J. Duffie
A. Ekberg
V. Seal
K. Hougardy
D. Robertson
Mayor Haggerton
D. Cline
K. Matej
L. Humphrey
B. Giberson
F. Iriarte
R. Tischmak
G. Labanara
P. Brodin
S. Kerslake
Clerk File Copy
2 Extra
A. Le (e -mail pkt. pdf)
e -mail cover to:
C. O'Flaherty, D.
Alm berg, B. Saxton,
S. Norris, M. Hart,
D. Robertson
MONDAY, OCTOBER 7, 2013
5:00 PM in Conference Room #1 (6300 Bldg.)
Next Scheduled Meeting: Monday, October21, 2013
15. The City of Tukwila strives to accommodate individuals with disabilities
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
Item
Recommended Action:
Page
1.
PRESENTATION(S)
2.
BUSINESS AGENDA
a) Ordinance Approving Franchise Agreement with
Electric Lightwave, LLC
a)
Forward to 10/14/13 C.O.W.
and 10/21/13 Regular
Pg. 1
b) HHD Flood Response — Tukwila Hesco Removal
b)
Forward to 10/21/13 Regular
Pg. 16
Project Completion and Acceptance
Consent Agenda
3.
ANNOUNCEMENTS
4.
MISCELLANEOUS
Future Agendas:
- Adoption of SWCP
Next Scheduled Meeting: Monday, October21, 2013
15. The City of Tukwila strives to accommodate individuals with disabilities
Please contact the Public Works Department at 206 - 433 -0179 for assistance.
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, PW Director
BY:
DATE: October 4, 2013
SUBJECT: Electric Lightwave, LLC Franchise Agreement
ISSUE
Approval of Electric Lightwave, LLC, (ELI) Franchise Agreement.
BACKGROUND
Frank Iriarte, Deputy PW Director
On August 20, 2001, the Tukwila City Council granted Electric Lightwave LLC. (ELI) a non - exclusive
franchise through Ordinance No. 1968 (Franchise Agreement) to construct, maintain and operate a
fiber optic cable system in the City rights -of -way. Ordinance 1968 has expired and must be
renewed.
ELI is a telecommunications company that provides communication network services for telecom
carriers. It offers both long haul and metro private fiber optic line services which handles data
transmission, wide area network connectivity and video transmission. In addition, ELI provides voice
services and internet access.
DISCUSSION
ELI's fiber optic system in Tukwila was constructed in the late 1990's and early 2000. As depicted in
Exhibit A of the Franchise Ordinance, ELI has an extensive fiber optic infrastructure system in
Tukwila. ELI has expressed an interest to partner with the City and the Community Connectivity
Consortium to connect to critical nodes and expand broadband capacity.
The attached Franchise Agreement would allow ELI to continue operating in the City rights -of -way
and facilitate construction of future fiber optic projects.
FINANCIAL IMPACT
Under the terms of the Franchise, ELI will be required to pay the City a $5,000 administrative fee
within 30 days of franchise approval.
RECOMMENDATION
Council is being asked to approve the ordinance for the Electric Lightwave, LLC franchise
agreement and consider this item at the October 14, 2013 Committee of the Whole and subsequent
October 21, 2013 Regular Meetings.
Attachment: Draft Franchise Ordinance with Exhibits A & B
W: \PW Eng \Projects \Franchise \Info Memo Electric Lightwave Franchise
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE
FRANCHISE TO ELECTRIC LIGHTWAVE, LLC, A DELAWARE
STATE LIMITED LIABILITY COMPANY LEGALLY AUTHORIZED
TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON,
FOR THE PURPOSES OF CONSTRUCTING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN
PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING
ORDINANCE NO. 1968; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No, 1968, dated August 20, 2001, granted Electric
Lightwave, LLC, hereinafter referred to as "ELI ", a three -year, non - exclusive franchise,
which expired August 20, 2004; and
WHEREAS, ELI is a telecommunications company that, among other things,
provides voice, data and video services to customers, including those in the Puget
Sound region; and
WHEREAS, ELI's 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 are necessary to ensure that the burden of
costs for the operations of non - municipal interests are not borne by the citizenry; and
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WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant,
and regulate nonexclusive 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 ELI, 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 attached hereto, and hereinafter referred to as the
"Franchise Area".
B. Such Franchise shall not be deemed to be exclusive to ELI 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 ELI; provided, that such
other franchises do not unreasonably interfere with ELI's exercise of franchise rights
granted herein as determined by the City. This Franchise shall in no 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 five years from the effective date of this ordinance.
This Franchise shall not take effect and ELI shall have no rights under this Franchise
unless a written acceptance with the City is received pursuant to Section 4 of this
agreement. If ELI 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 ELI 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 ELI 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.
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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.
1. 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, ELI shall, within 24 hours of the emergency, obtain a permit from the City of
Tukwila Department of Public Works.
2. Coordination. All capital construction projects performed by ELI 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.
3. Construction Standards. Any construction, installation, maintenance,
and restoration activities performed by or for ELI 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 the City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
4. 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. Nothing in this section shall prevent the City from requiring ELI to underground
cables, junction boxes, or other vaulted system components in the event of any
relocation as deemed necessary by the City pursuant to subparagraph 5.d. or as
otherwise permitted under this Franchise.
5. Relocation.
a. Whenever the City causes a public improvement to be constructed
within the Franchise Area, and such public improvement requires the relocation of ELI's
facilities, the City shall provide ELI with written notice requesting such relocation along
with plans for the public improvement that are sufficiently complete to allow for the initial
evaluation, coordination and the development of a relocation plan. The City and ELI
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.
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b. To ensure timely execution of relocation requirements, ELI shall, upon
written request from the City, provide at ELI's expense, base maps, current as -built
information, a 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 time
frame specified by the City.
c. ELI may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation within the time
specified by the City. Such alternatives shall include the use and operation of
temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives
and advise ELI 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, ELI shall submit additional information to assist the City in making such
evaluation. The City shall give each alternative proposed by ELI full and fair
consideration. In the event the City ultimately determines that there is no other
reasonable alternative, ELI shall, at its sole expense, relocate its facilities as otherwise
specified in Section 5, subparagraph 5.
d. Upon final approval of the relocation plan by the City, ELI shall, at its
own expense, unless otherwise prohibited by statute, and in the time frame 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.
e. If during the construction, repair, or maintenance of the City's public
improvement project an unexpected conflict occurs from ELI's facilities, ELI shall, upon
notification from the City, respond within 24 hours to resolve the conflict.
6. Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities, ELI 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 ELI may be abandoned without the express written
consent of the City.
7. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, ELI shall, upon the request of the City, furnish a bond executed by ELI 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 ELI'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 ELI in the City rights -of -way. At ELI's sole option, ELI may provide
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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 ELI 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 ELI work or materials discovered in
the City's roads, streets, or property.
8. "One -Call" Location & Liability. ELI 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 ELI's
system components or for interruptions in service to ELI customers which are a direct
result of work performed for any City project for which ELI has failed to 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 ELI system
components or for interruptions in service to ELI customers resulting from work
performed under a permit issued by the City.
9. As -Built Plans Required. ELI 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 ELI pursuant to
this Franchise Agreement. The City shall determine the acceptability of any as -built
submittals provided under this section.
10. Recovery of Costs. ELI 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, ELI shall pay such reasonable costs and expenses directly to the
City.
11. 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 ELI, 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 ELI by reason of such termination other than those provided
for in RCW 35.99.
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Section 6. Franchise Compliance.
A. Franchise Violations. The failure by ELI to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City
which describes the violations of the franchise and requests remedial action within 60
days of receipt of such notice. If ELI has not attained full compliance at the end of the
60 -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 60 -day period.
B. Emergency Actions.
1. If any of ELI's actions, or any failure by ELI to act to correct a situation
caused by ELI, 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 ELI 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
ELI and give ELI an opportunity to correct within a specified time said threat, financial
harm or delay before undertaking such corrective measures. ELI 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 ELI,
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 ELI to take appropriate action to correct a situation
caused by ELI and identified by the City as a threat to public or private safety or
property, financial harm, or delay of the construction, repair or maintenance of the public
improvement shall be considered a violation of Franchise terms.
2. If, during construction or maintenance of ELT's facilities, any damage
occurs to an underground facility and the damage results in the release of natural gas or
other hazardous substance or potentially endangers life, health, or property, ELI 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 ELT'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 that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, ELI shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow ELI to abandon its facilities in place.
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Section 7. Insurance.
A. ELI 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 with respect to claims arising
from work performed by or on behalf of ELI under this Franchise Agreement; 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 ELI. Upon
receipt of such notice ELI will immediately notify the City. Notice shall be by certified
mail, return receipt requested to the City.
C. ELI, or ELI's contractor, shall maintain pollution liability insurance during any
period of construction, including installation, removal and maintenance.
D. 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 and Approvals. Nothing in this Franchise Agreement
shall relieve ELI 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 ELI'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 ELI to another person or
entity controlling, controlled by, or under common control with ELI.
B. In any transfer of this Franchise which requires the approval of the City, ELI
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
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costs associated with a transfer of this Franchise that requires 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. ELI
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. ELI 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 the 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 ELI submits a request for work beyond the scope of the original
franchise, or submits a complex project that requires significant comprehensive plan
review or inspection, ELI shall reimburse the City for the franchise amendment and
expenses associated with the project. ELI shall pay such costs within 30 days of receipt
of a bill from the City.
D. Failure by ELI 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 ELI shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
ELI (USA), Inc.
Contract Administration
1201 NE Lloyd Blvd, Suite 500
Portland, OR 97232
with a copy to:
ELI (USA), Inc.
Law and Policy Department
1201 NE Lloyd Blvd, Suite 500
Portland, OR 97232
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Section 12. Indemnification.
A. ELI 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. ELI 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 ELI, its officers,
agents, servants or employees, carried on in the furtherance of the rights, benefits, and
privileges granted to ELI by this Franchise. In the event any claim or demand is
presented to or filed with the City that gives rise to ELI's obligation pursuant to this
section, the City shall within a reasonable time notify ELI thereof and ELI 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 that gives rise to ELI's obligation pursuant to this
section, the City shall promptly notify ELI thereof, and ELI 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, ELI 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 ELI 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,
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 ELI and the City, ELI'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 that 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, ELI 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 ELI's officers, agents or employees. This waiver is mutually negotiated by the
parties.
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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 ELI, to enforce the remaining provisions of the ordinance, ELI 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 that 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. ELI 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. ELI 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 ELI, shall thereafter govern ELI's activities
hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect ELI's rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to ELI and other similar
user of such facilities.
Section 17. Repealer. Ordinance No. 1968 is hereby repealed.
Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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Section 19. 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 , 2013.
ATTEST/AUTHENT1CATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Description of Franchise Area and Map
Exhibit B — Franchise Agreement Acceptance Form
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Exhibit A
Electric Lightwave's Franchise Area — Tukwila, WA
Electric Lightwave's current franchise area is described as follows:
1. East Marginal Way South from north City limits to South Norfolk Street.
2. Norfolk Street from East Marginal Way South easterly to the intersection within
the City limits.
3. East Marginal Way South from South Norfolk Street southerly to South 120th
Street.
4. South 120th Street from East Marginal Way South, easterly to its terminus.
5. East Marginal Way South from South 120th Street to South 128th Street.
6. South 128th Street from East Marginal Way South easterly to 42nd Avenue
South.
7. 42nd Avenue South from South 128th Street northerly to the intersection with
Interurban Avenue South.
8. Interurban Avenue South from 42nd Avenue South southerly to the intersection
with Gateway Drive.
9. Gateway Drive from its intersection with Interurban Avenue South east of South
133rd Street to where it again intersects with Interurban Avenue South further to
the north.
10. Interurban Avenue South from the northern most intersection with Gateway
Drive southerly to the intersection with Interstate 405 right -of -way.
11. Fun Center Way from its intersection with Interurban Avenue South to where it
intersects with Grady Way.
W: Word Pracessing\0rdinances\Electric Lightwave Franchise Agreement -Exh A 9-34 -13
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Page 1 of 2
13
Exhibit B
FRANCHISE AGREEMENT ACCEPTANCE FORM
ELECTRIC LIGHTWAVE, LLC.
Date:
City Of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. Adopted:
Dear Ms. O'Flaherty:
In accordance with and as required by Section 4 of City of Tukwila Ordinance No.
, passed by the City Council and approved by the Mayor on
(the "Ordinance "), Electric Lightwave, LLC hereby
accepts the terms, conditions and obligations to be complied with or performed
by it under the ordinance.
Sincerely,
Signature
Printed Name
Title
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Franchise Map
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Disclaimer
The at on of features and
are approximate and are intended
reference only. Data is based
information available
Date: September
boundaries
for
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Tukwila
27, 2013
15
TO:
FROM:
BY:
DATE:
SUBJECT:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
Bob Giberson, Public Works Director
Michael Ronda, Construction Project Manager
October 4, 2013
HHD Flood Response - Tukwila Hesco Removal
Project No. 10901301, Contract No. 12 -093
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 12 -093 with Goodfellow Bros., Inc. of Maple Valley,
Washington was issued on August 13, 2012 for the Removal of Temporary Flood Control Measures
related to the Howard Hanson Dam Flood Response. This project consisted of removing roughly
38,000 linear feet of flood protection measures on both sides of the Green River through Tukwila's
Central Business District and restoring the levee to pre -flood protection condition.
ANALYSIS
After a weather related winter shutdown, repairs to the levee were physically completed on July 25,
2013. Forty -seven calendar days were added to the contract to allow for delays in work associated
with various minor changes and final property restoration. The construction budget was
$1,888,563.34 with a 15% contingency. King County Flood Control District agreed to pay 75% of the
project costs up to $1,611,151.99. Final expenditures for the project are listed on the attached
Expenditures and Funding sheet. Below is a summary of the construction cost components.
Construction Contract Amount (pre -tax)
Unit Price Under -runs
WA State Sales Tax
Total Contract Amount
$1,499,752.50
(353,593.21)
108,885.13
$1 255 044.42
Retainage is being held by the City for this project in the amount of $57,307.96.
RECOMMENDATION
The Council is being asked to formally accept and authorize the release of retainage, subject to
standard claim and lien release procedures, for the Tukwila Levee Repair and Maintenance Project with
Goodfellow Brothers, Inc. in the final amount of $1,255,044.42 and consider this item on the Consent
Agenda of the October 21, 2013 Regular Meeting.
Attachments: Expenditures and Funding Sheet
Notice of Completion
W:IPW EngIPROJECTSA- DR Projects\Tukwila Levee Repair and Maintenance (10901301)1Construcfon \During ConlProject Tracking\Project Closeoutllnfo Memo - Levee Repair Closeout - 09- 20- 13.docx
16
City of Tukwila Howard Hanson Dam Flood Response
Removal of Temporary Flood Control Measures
Project No. 10901301
Expenditures and Funding
Budget
Actual Expenditures
Under Budget $
$2,313,843.05
1,761,978.20
551,864.85
King County Tukwila
Under Budget $ 289,668.34 $ 262,196.51
$551,864.85
17
Expenditures
Funding
Original Budget
Estimated
Expenditures
King County Flood
Control District
Funding at 75%
Tukwila Funded
303 Fund
(page 77, 2012 CIP)
Design
$ 190,351.75
$ 142,763.81
$ 47,587.94
Construction Management
184,927.96
51,965.68
132,962.28
In house Staff
50,000.00
153,272.26
50,000.00
In house Staff & Extras
85,789.61
64,342.21
21,447.40
Construction Bid
1,642,228.99
1,231,671.74
410,557.25
15% Contingency
246,334.35
184,750.76
61,583.59
15% Contingency
$ 2,313,843.05
$ 1,611,151.99
$ 702,691.06
$ 1,761,978.20
$2,313,843.05
Budget
Actual Expenditures
Under Budget $
$2,313,843.05
1,761,978.20
551,864.85
King County Tukwila
Under Budget $ 289,668.34 $ 262,196.51
$551,864.85
17
Expenditures
Funding
Final Expenditures
Actual as of
9/26/13
King County Flood
Control District
Funding at 75%
Tukwila Funded
303 Fund
(page 77, 2012 CIP)
Design
$ 190,351.75
$ 142,763.81
$ 47,587.94
Construction Mgmt KPG
26,429.41
19,822.06
6,607.35
Construction Mgmt Kennedy
204,363.01
153,272.26
51,090.75
In house Staff & Extras
85,789.61
64,342.21
21,447.40
Construction
1,255,044.42
941,283.32
313,761.11
15% Contingency
$ 1,761,978.20
$ 1,321,483.65
$ 440,494.55
$1,761,978.20
Budget
Actual Expenditures
Under Budget $
$2,313,843.05
1,761,978.20
551,864.85
King County Tukwila
Under Budget $ 289,668.34 $ 262,196.51
$551,864.85
17
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Name & Address of Public Agency
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
UBI Number: 179 - 000 -208
Contractor's UBI Number: 048- 000 -968
Date: 9/5/13
Department Use Only
Assigned to:
Date Assigned:
Notice is hereby given relative to the completion of contract or project described below
Project Name
Tukwila Levee Repair and Maintenance
Contract Number
12 -093
Job Order Contracting
❑ Yes 21 No
Description of Work Done /Include Jobsite Address(es)
Removal of flood protection measures (Supersacks and HESCO's) along both sides of the Green River between 1 -405
and South 190th. Following removals the pavement and other levee features were restored to their pre -flood protection
status.
Federally funded road transportation project? ❑ Yes V No
Contractor's Name
Goodfellow Brothers Inc. Contract No. 12 -093
Telephone Number
509 - 662 -7111
Contractor Address
PO Box 598 Wenatchee WA, 98801
If Retainage is Bonded, List Surety's Name (or attach a copy)
N/A
Surety Agent's Address
N/A
Date Contract Awarded
8/8/12
Date Worlc Commenced
8/13/12
Date Work Completed
7/25/13
Date Work Accepted
Contract Amount
Additions
( +)
Reductions ( - )
Sub -Total
Amount of Sales Tax Paid at
.095
1,499,752.50
0.00
$ 353,593.21
$ 1,146,159.29
(Ifvanous rates apply, please send a breakdown) $ 108,885.13
TOTAL $ 1,255,044.42
NOTE: These two totals must be equal
e l<
Please List all Subcont
Liquidated Damages $ 0.00
Amount Disbursed $ 1,197,736.46
Amount Retained $ 57,307.96
actors Below:
TOTAL $ 1,255,044.42
Subcontractor's Name:
UBI Number:
Affidavit ID (if known)
Grass Master
601517336
456542
Lakeridge Paving
601592135
462383
Stripe Rite Inc.
601048084
460229
Wilson Concrete Construction
602168956
457640
CTE Construction
602903417
(Out of Business)
Brothers Trucking
602506532
466211
David Blake Trucking (Diamond D)
601288751
421523
Bravo Environmental (Service)
602946216
422864
F215- 038 -000 0 S -2() II
RPV 31 0020e (08'25 /1 1 )
Continued on page 2
18
Please List all Subcontractors Below:
Subcontractor's Name:
UBI Number:
Affidavit ID (if known)
Pacific Concrete Services (Service)
602126314
456570
Corliss Resources (Material Supplier)
602237779
457183
Comments:
Contact Name: Diane Jaber
Email Address: Diane.Jaber @TukwilaWA.gov
Title: Fiscal Specialist
Phone Number: (206) 433 -1871 x1871
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form to all three agencies below. For a faster response. please submit by e -mail.
roa Washington State
Department of Revenue
C.-- Public Works Section
PO Box 47474
Olympia WA 98504 -7474
(360)725 -7588
FAX (360) 664 -4159
PWC @dor.wa.gov
Washington State
Department of Labor and Industries
Contract Release
PO Box 44274
Olympia, WA 98504 -4272
(360)902 -4754
FAX (360) 902-6897
ContractRelease@Ini.wa gov
Washington State
Employment Security Department
Specialized Collections Unit
PO Box 9046
Olympia WA 98507 -9046
(360) 902 -9780
Fax (360) 902 -9287
publicworks @esd wa.gov
For tax assistance or to request this document in an alternate format, visit http:/ /dor.wa.gov or call 1-800-647-7706.
Teletype (TTY) users may call (360) 705 -6718.
F215 -038 -000 08 -2011
REV 31 0020e (08/25/11)
19