HomeMy WebLinkAboutCOW 2006-12-04 COMPLETE AGENDA PACKET J,w w,; Tukwila City Council Agenda
o/ 1 y' SPECIAL COMMITTEE OF THE WHOLE
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1:
4.4I'V 10 6,
r 0; Steven M. Mullet, Mayor Councilmembers: Joe Duffle Joan Hernandez
.•r Rhonda Berry, City Administrator Pam Carter Jim Haggerton
i9 Dennis Robertson, Council President Pamela Linder Verna Griffin
Monday, December 4, 2006; 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL Recycler of the Year award presented to Pacific Metal Company.
PRESENTATION
3. CITIZEN At this time, you,are invited to comment on items not included
COMMENT on this agenda. To comment on an item listed on this agenda, please
save your comments until the issue is presented for discussion.
4. SPECIAL a. An ordinance establishing staggered terms for Sister Cities Pg. 5
ISSUES t Committee appointments.
b. An ordinance declaring certain vacant structures as public Pg. 9
nuisances.
c. Fort Dent Park /Interurban Avenue Sewer Extension Project Pg.23
bid award.
d. Discussion of Council- initiated changes to the 2007 Proposed Pg.29
Budget and Capital Improvement Program.
5. ADJOURN TO SPECIAL MEETING
SPECIAL MEETING
Ord #2143 Res #1622
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. CONSENT a. Approval of Minutes: 11 -20 -06 (Regular).
AGENDA b. Approval of Vouchers.
3. BID AWARD Authorize the Mayor to sign a contract with R. L. Alia Company in
the amount of $634,304.00 for the Fort Dent Park /Interurban Avenue
Sewer Extension Project (see Item 4.c. above).
4. PUBLIC Proposed 2007 Budget and 2007 -2012 Capital Improvement Program. Pg.35
HEARINGS Please bring your 2007 Proposed Budget and CIP documents. Q
5. UNFINISHED a. An ordinance establishing staggered terms for Sister Cities Pg.(5)
BUSINESS Committee appointments (see Item 4.a. above).
b. An ordinance declaring certain vacant structures as public Pg.(9)
nuisances (see Item 4.b. above).
(Continued)
SPECIAL MEETING (Continued)
December 4, 2006
Page 2
6. NEW BUSINESS a. An ordinance granting a non exclusive franchise to Abovenet Pg.39
Communications for the purpose of installing, operating and
maintaining a telecommunications system.
b. An ordinance granting a non exclusive franchise to T- Mobile Pg.51
West Corporation for the purpose of installing, operating and
maintaining a wireless telecommunications system.
c. Authorize the Mayor to sign Supplemental Agreement No. 1 to Pg.63
Contract #06 -061 with Jacobs Civil, Inc., in the amount of
$97,897.58 for construction management services for the Fort Dent
Park /Interurban Avenue Sewer Extension Project.
7. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice
to the City Clerks Office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
_.:h, ►�a. COUNCIL AGENDA SYNOPSIS
so Initi ITEM NO.
Q i$ 1 30.% 9 24 MeetingDate 1 Arpartd by 1 Maw's seuew I ,'owxil review
Fat: J O 12/04/06 BW I q t r 1 1P
1908 I I I I s t. rftecfi 1
I I I I 5.
ITEM INFORMATION
CAS NUMBER 06-145 I ORIGINAL AGENDA DATE: 12/4/06
AGENDA ITEMTITLE An ordinance establishing staggered terms for Sister Cities Committee terms of
appointment.
CATEGORY Discussion Motion Resolution Ordinarxe Bid Avard Public Hearing Other
MtgDate MtgDate MtgDate MtgDate 12 /4/06 MtgDate MtgDate MtgDate
SPONSOR Council Mayor AdmSza DCD Finarxe Fire Legal P& R Patio PW
SPONSOR'S With the appointments of the seven member Sister Cities Committee all expiring on
SUMMARY 12/31/06, Ord. #1841 needs to be amended to provide for staggered terms prior to re-
appointment. (City Attorney recommends passage prior to year -end 2006.) Originally the
Committee was set up to have staggered terms, wherein four positions expired one year,
and the remaining three expired two years later. This provides the best option for
continuity of the committee through overlapping terms of service.
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RE COMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMTrrEE Scheduled for 11/28/06 CAP meeting meeting cancelled
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
I j i
MTG. DATE I ATTACHMENTS
12/4/06 1 Information memo dated 11/16/06
Ordinance in final form
2' City of Tukwila
Q r i O�
6200 Southcenter Boulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor
1908
MEMORANDUM
TO: Community Parks Committee
FROM: Bev Willison, Sister Cities Staff
SUBJECT: Sister Cities Committee Terms of Appointment
DATE: November 16, 2006
Currently, the appointments of the seven member Sister Cities Committee will all
expire on 12/31/06. Originally, the committee was set up to have staggered terms,
wherein four positions expired one year, and the remaining three expired two years
later. This provides the best option for continuity of the committee through
overlapping terms of service.
In Ordinance No. 1841, Section 2.31.030 dictates four -year teluis of appointment, but
does not make any mention of the necessity to stagger the terms. For that reason, an
amendment is needed to establish the desired staggered term structure as described
above.
Phone: 206 433 -1800 0 City Hall Fax: 206 -433 -1833 www.ci.tukwila.wa.us
J4 S =<7 s�
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City of Tukwi
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1841, AS CODIFIED AT
TUKWILA MUNICIPAL CODE 2.31.030, TO ESTABLISH STAGGERED
TERMS FOR SISTER CITIES COMMITTEE MEMBERS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila, Washington, created a Sister Cities program to foster
goodwill and further understanding between the Tukwila community and the citizens of
foreign nations; and
WHEREAS, all seven Sister City Committee positions are currently set to expire on
December 31, 2006; and
WHEREAS, the City Council desires to provide for continuity of committee
membership involvement through staggered terms;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1841, as codified at TMC 2.31.030, "Terms of Appointment
Staffing," is hereby amended to read as follows:
2.31.030 Terms of Appointment Staffing.
A. The terms of appointment for membership of the Committee shall be as follows:
YEAR 1 POSITIONS 1 APPOINTMENT TERMS
1 2007 1 1, 2, 3, 4 1 4 years 1
1 2007 1 5, 6, 7. 1 2 years
B. Upon expiration of all position terms, Committee appointments shall be for four
year periods thereafter.
C. Staffing shall be provided by the Mayor's office.
Section 2. 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 3. 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
Special Meeting thereof this day of 2006.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
C: \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Sister City Committee Amend.doc
BW:ksn 11/29/2006 Page 1 of 1
COUNCIL AGENDA SYNOPSIS
k J Initials
ITEMNO.
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-.21 o Meeting Date f Preparedly N/ 1 Mayor's /view ,6Qrarczt};eview 1
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'�soa 12/04/06 1 Ifi 1 h 4L 1 b.
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ITEM INFORMATION
CAS NUMBER: 06-138 I ORIGINAL AGENDA DATE: NOVEMBER 27, 2006
AGENDA ITEM TITLE VACANT STRUCTURE ORDINANCE
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date1127 -06 Mtg Date Mtg Date Mtg Date 12 -04 -06 Mtg Date Mtg Date Mtg Date
SPONSOR Council Major
Adm Svcs DCD Finance Fire Legal P &R Police PJV
SPONSOR'S The International Property Maintenance Code requires that vacant structures be
SUMi MARY secured, but does not address the appearance of these structures. Homes or
buildings that are vacant may be eyesores, targets for arson, and can act as a
disincentive for home buyers. They also pose a risk to emerctencv responders.
REVIEWED BY COW Mtg. 1 CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8 -15 -06 10 -24-06
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance
COMMITTEE Forward to COW; unanimous approval
COST IMPACT FUND SOURCE!
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source: Please see comments below:
Comments: Costs associated with City abatement of vacant structure violations will be funded
through the City's abatement fund and will be recovered in three years by tax liens attached to the
ProPeity-
MTG. DATE RECORD OF COUNCIL ACTION
11/27/06 Meeting Canceled
MTG. DATE ATTACHMENTS
341-27/06- Information Memo from Steve Lancaster, dated November 27, 2006
12/04/06 Final Ordinance
CAP Minutes dated 8/15/06 and 10/24/06
ILA,
C Z' i ll
Steven M. Mullet, Mayor
o`. Department of Community Development Steve Lancaster, Director
'0
1908
TO: Tukwila City Council Committee of the Whole
FROM: Steve Lancaster, Director Dept. of Community Development
DATE: November 27, 2006
SUBJ: Vacant Structure Ordinance
Background:
August 15, 2006 Community Affairs and Parks Committee Meeting original review
and discussion
During discussions at the CAP meeting held on August 15, 2006, the Committee
members had an opportunity to discuss concerns regarding vacant structures in Tukwila.
Several of our neighboring cities have already adopted (or are in the process of adopting)
stronger regulations regarding these buildings. Code Enforcement staff in these areas
have indicated that such an ordinance gives them an additional tool in addressing the
appearance and safety of vacant buildings in their communities.
Vacant buildings are potential problems for our neighborhoods. In addition to the
unsightliness of a boarded up building, these sites tend to attract illegal dumping,
transient camping, graffiti and criminal activity. While the International Property
Maintenance Code requires that vacant buildings be secured, it does not specifically
address the appearance of any vacant structure, and the City may want to consider clearer
standards as to how vacant buildings should look. Homes or buildings that are vacant
may be eyesores, can be targets for arson, and can act as a disincentive for potential home
buyers. Committee members were supportive of taking more aggressive steps to deal
with vacant buildings in the City, and asked Joyce Trantina to draft an ordinance for
further review at the October 24, 2006 Committee meeting.
October 24, 2006 Community Affairs and Parks Committee Meeting review of
proposed Ordinance.
A draft ordinance was reviewed which is a modification to the International Property
Maintenance Code as shown below:
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
COW Memo
November 27, 2006
Page 2
Proposed Revision to International Property Maintenance Code (IPMC) Adopted
by Tukwila Municipal Code TMC 8.28.020A:
Vacant buildings must not appear "vacant"
Untreated plywood is allowed for 30 days only
Code officials may inspect premises at any time to verify that structure is secure,
and to ensure compliance with all applicable codes.
Vacant structures must be kept free from debris, combustible materials and
garbage.
Building exteriors shall have adequate weather protection, including paint and
finish in good condition.
Roofs on all buildings shall be in a good, weather -tight condition.
Code officials may require that utilities be disconnected if there are sufficient
safety concerns for the public.
Conclusion:
Pro active enforcement has revealed numerous dilapidated vacant structures that
need to be assessed for safety and security. Tukwila Police, Fire and Building
Departments have been involved and support the adoption of this ordinance.
Implementing regulations that address the appearance of vacant structures will
have a positive effect on the appearance of our neighborhoods and streets, and
may reduce criminal activity.
Improved appearance can lead to improved property values, more community
pride and greater stability in our residential areas.
Tukwila's proposal is based on Sea -Tac's ordinance adopted in 2003.
Options:
Recommend no change
Recommend adoption of the proposed ordinance
Modify the draft ordinance
Next Step:
COW forward their recommendation to the next Regular Council meeting for hearing and
adoption.
VACANT STRUCTURE ORDINANCE WILL
ADDRESS THESE TYPES OF STRUCTURES
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City 1908
Tijkwll
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1837,
AS CODIFIED AT TMC 18.28.010, DECLARING CERTAIN
VACANT STRUCTURES AS PUBLIC NUISANCES; ESTABLISHING
CRITERIA FOR THE MAINTENANCE AND ABATEMENT OF
VACANT STRUCTURES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the International Property Maintenance Code contains minimum provisions
related to vacant buildings and land; and
WHEREAS, it is the City Council's desire to regulate vacant buildings beyond the provisions
set forth in the International Property Maintenance Code, to provide for the health, safety and
welfare of its citizenry; and
WHEREAS, vacant buildings in general, but specifically those that contain hazardous
materials or that are unknowingly occupied, may pose an extraordinary danger to police officers or
firefighters entering the premises in time of emergency; and
WHEREAS, it is in the City's best interest to discourage property owners from allowing their
properties to remain indefinitely vacant and /or in a state of disrepair, and to provide an incentive
for the return of vacant properties to the housing stock; and
WHEREAS, the abatement of nuisances caused by vacant buildings, repair and rehabilitation
of vacant properties, and their subsequent occupancy is in the best interest of the citizens of
Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1: Ordinance No. 1837, as codified at TMC 18.28.010, is hereby amended to read
as follows:
8.28.010 Declaration of nuisance
A. All violations of development, Iand use, licensing and public health ordinances are
found and declared to be nuisances.
B. The following are declared to be public nuisances: buildings and structures that are
determined by the City's Building Official to be vacant and so old, dilapidated or have become so
out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure (collectively referred to as a
"Vacant Building
Section 2: Requirements for the maintenance and abatement of vacant structures are hereby
adopted as follows:
8.28.030 Vacant Structures
A. "VACANT BUILDING" DEFINED:
1. Definition: The Code Enforcement Officials or Building Official (otherwise
referred to as "Code Official") may evaluate buildings in the City they believe to be unoccupied,
and make a determination for each as to whether the building is a. "vacant building." A "vacant
building" is a building, structure or portion thereof, which is:
Vacantstructures.doc 11/29/2006 Page 1 of 3
a. Unoccupied and unsecured;
b. Unoccupied, unsecured, and so old, dilapidated, or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure;
c. Unoccupied and secured by boarding or other similar means;
d. Unoccupied and a dangerous structure;
e. Unoccupied and condemned by the Building Official;
f. Unoccupied and has multiple code violations;
g. Unoccupied, and the building or its premises has been the site of alleged
unlawful activity within the previous 12 months;
h. Unoccupied for over 180 days, during which time Code Officials have
issued an order to correct public nuisance violations and those violations have not been corrected;
or
i. Unoccupied for over two years.
2. Exceptions: Vacant buildings which are undergoing construction, renovation or
rehabilitation and which are in compliance with all applicable ordinances, codes and regulations,
and for which construction, renovation or rehabilitation is proceeding diligently to completion.
New buildings and those buildings undergoing renovation that do not receive final inspections, or
whose permits expire due to lack of diligent progress, may be deemed to be a vacant building.
3. Inspection: Whenever the Code Official has reason to believe that a building is
vacant, the Code Official may inspect the building and surrounding premises. If the Code Official
determines that a vacant building violates any provision of this section, the Code Official shall
notify in writing the owner of the building or real property upon which the building is located,
stating the violations and required corrections, and shall provide a timeframe to comply.
4. Plan of Action: The exception requirements listed in exceptions may be modified
under an approved Plan of Action. Within 30 days of notification that a building or real property
upon which the building is located is in violation of this Section, an owner may submit a written
Plan of Action for the Building Official to review and approve if found acceptable. A Plan of Action
may allow:
a. Extended boarding of openings;
b. Extended use of temporary security fencing;
c. Extended time before the demolition of a building is required; or
d. For substandard conditions to exist for a specific period of time, provided
the building is secured in an approved manner.
When considering a Plan of Action, the Building Official shall take into consideration
the magnitude of the violation(s) and the impact to the neighborhood and public.
B. APPEARANCE: Vacant buildings shall, in the opinion of the Code Official, appear to
be occupied, or appear able to be occupied with little or no repairs.
C. SECURITY All vacant buildings shall at all times be secured against outside entry,
which shall include the provision of windows and doors with adequate strength to resist intrusion.
All doors and windows must remain locked. There shall be at least one operable door into every
building and into each housing unit. Exterior walls and roofs must remain intact without holes.
Untreated plywood or similar structural panels may be used to secure windows, doors and other
openings for a maximum period of 30 days from the date the building becomes unoccupied or
vacant. Where it is impractical to secure the building by normal building amenities, the Code
Official may permit the use of medium density overlay or other approved materials, installed in
window frames and painted with a color which is consistent with the rest of the structure.
D. SECURITY FENCES Temporary construction fencing shall not be used as a method to
secure a building from entry, but in the event the property owner is repairing or remodeling the
structure, temporary construction fencing may be used for a maximum period of 30 days from the
date the building becomes unoccupied or vacant.
E. WEATHER PROTECTION The exterior roofing and siding shall be maintained as
required in Section 304 of the International Property Maintenance Code.
F. FIRE SAFETY
1. Fire protection systems: All fire suppression and alarm systems shall be
maintained in a working condition and inspected as required by the Tukwila Fire Department.
Vacant structures. doc 11/29/2006 Page 2 of 3
2. Flammable liquids: No vacant building or premises or portion thereof shall be
used for the storage of flammable liquids or other materials that constitute a safety or fire hazard.
3. Combustible materials: All debris, combustible materials, litter and garbage shall
be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building
and premises shall be maintained free from such items.
4. Fire inspections: Periodic fire inspections may be required at intervals set forth
by the Fire Chief or his designee.
G. TERMINATION OF UTILITIES
1. Termination: The Code Official may, by written notice to the owner and to the
appropriate water, electricity or gas utility, request that water, electricity or gas service to a vacant
building be terminated or disconnected.
2. Restoration of service: If water, electricity or gas service has been terminated or
disconnected, no one except the utility may take any action to restore the service, including an
owner or other private party requesting restoration of service, until written notification is given by
the Code Official that service may be restored.
H. ABATEMENT: As determined by the Code Official, a vacant building is declared to be
a public nuisance as set forth in 18.28.O10B. The Code Official is hereby authorized to summarily
abate the violation by closing the building to unauthorized entry. The cost of abatement shall be
collected from the owner in the manner provided by law.
I. UNSAFE BUILDINGS AND EQUIPMENT: Any vacant building declared unsafe is
subject to the provisions of IPMC Section 108 and the demolition provisions of Section 110.
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
Special Meeting thereof this day of 2006.
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Vacant structures. doc 11/29/2006 Page 3 of 3
Community Affairs and Parks Committee
August 15, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder, council members.
Rhonda Berry, City Administrator; Steve Lancaster, Director of Department of Community
Development (DCD); Jack Pace, Deputy Director DCD; Derek Speck, Economic Development
Administrator; Kathy Stetson, and Joyce Trantina, Code Enforcement Officers; Diane Jenkins,
Administrative Assistant to the Council; and Chuck Parrish, community member.
Business Agenda:
A. Proactive Code Enforcement Update
Mr. Lancaster reported that beginning in January of this year, two full -time code enforcement officers
began proactive efforts to address certain violations across the City instead of a complaint- driven
model. Data was gathered to assess which neighborhoods had the most violations. Ms. Trantina
explained how the city was divided into nine zones and assigned to each officer. However, by using
a computerized program, it will allow either officer to address issues or answer questions outside their
designated area. Normally, the officers handled 200 -300 cases per year; they have now tripled their
case load. It is anticipated that there will be 700 -800 cases in 2006. As of today, approximately 35%
of the City has been examined for such items as junk vehicles, garbage and debris, graffiti,
unsafe /derelict structures, and illegal parking of more than three vehicles. The response from
property owners has been positive. Also, the code enforcement officers have been working on the
backlog. In 2003, there were 60 cases that dated back five years or more; this list has been reduced
to 10 and by the end of the year, it should be reduced to four. Some of the difficulties arise in trying
to locate a property owner. Ms. Trantina noted that last year the City established an abatement fund
which has been utilized to clear two residential properties; tax liens will be placed on the property to
recover these monies. In three years, the lien becomes due and payable. Forward presentation to
future Committee of the Whole. Information only.
B. Discussion of Vacant Structures Ordinance /Proposal
Ms. Trantina pointed out that there are approximately 40 -50 identifiable vacant structures in
residential neighborhoods. They are not attractive; can be targets for vandalism, arson, crime, and
trespass; and undermine the aesthetic character of a neighborhood. Some cities have developed or
are developing ordinances regarding vacant structures. Many of the ordinances require that the
property not look vacant and /or limit the amount of time it can be left vacant. Ms. Trantina reviewed
efforts by neighboring cities to improve the overall appearance of vacant structures (no boarded -up
structures). City of SeaTac has adopted an ordinance; the cities of Des Moines and Federal Way are
in the process. The committee members agreed that a more aggressive approach is needed and that
a proposed ordinance should be drafted to address this situation Ms. Hernandez noted that the City
must lead by example and referred to an abandoned house owned by the city; Mr. Speck indicated
that the house was scheduled for demolition later in the week. Mr. Lancaster indicated that an
ordinance would be drafted for review. Return to future CAP with a DRAFT Ordinance.
C. Discussion of Rental Housing Licensing Ordinance /Proposal
Ms. Stetson referred to a report, "Housing Needs Assessment and Condition Survey," conducted in
June 2004. Should the City require a Rental Housing License and inspection for all rental dwelling
units? There are more multi family rentals than single family units, more renters than homeowners,
over 40% of the renter occupied housing units are rated as needing maintenance, and a large
number of housing units are overcrowded. Currently, City of Tukwila requires a license for five or
more units. Ms. Stetson researched this issue and provided case studies from cities across the
United States on programs that have been implemented. She reviewed the program implemented in
the City of Hopkins, Minnesota which is similar to the demographics of the City of Tukwila. The
implementation of this program assisted the city in ensuring minimum housing standards and helped
bring structures into compliance. A 20 -page educational packet was developed to present the
information in a clear and concise manner. it addresses all items address numbering, debris,
landscape maintenance, junk vehicles, fire protection standards and outlines the inspection program
and penalties. Since its inception in Hopkins, Minnesota, all buildings have come into compliance
and they have not had to revoke one license. Tenants no longer have to be fearful of landlord
reporting code violations because of the routine inspections. It has improved the substandard living
conditions of many units. Tenants are more aware of their rights. Ms. Stetson indicated that many
tenants living in Tukwila do not exercise their rights and are afraid to complain. This is even more
difficult if there is a language barrier. Ms. Hernandez commented that if everyone is expected to
comply with the same standards, it is easier to understand and enforce. Mr. Duffie noted that this
1
Community Affairs and Parks Committee
October 24, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder, council members.
Kevin Fuhrer, Director of Finance; Derek Speck, Economic Development Administrator;
Jim Morrow, Director of Public Works; Steve Lancaster, Director of Department of
Community Development; Lynn Miranda, Senior Planner; Joyce Trantina, Code
Enforcement Officer; Evelyn Boykan, Program Manager, Human Services; Bruce
Fletcher, Director of Parks and Recreation; Rick Still, Deputy Director of Parks and
Recreation; Dave Johnson, Rec. Superintendent, Facilities; Marty O'Brien, Main.
Operations Supt., Golf; Curt Chandler, Main. Supervisor, Golf; Paul Surek, Main.
Operations Supt., Parks; Malcom Neely, Aquatics Program Coordinator; Diane Jenkins,
Administrative Assistant to the Council; and Chuck Parrish, community member.
Business Agenda:
1
A. Update on Tukwila Urban Center Plan
Ms. Miranda noted that there has riot been a briefing on the Tukwila Urban Center plan since
May 2004. In 2002, the City received a $1.4 million grant to develop a plan for the Tukwila
Urban Center. A draft of the plan has been received from the consultant that encompasses the
vision of the Planning Commission and Council. This area would be designated an "urban
center" and would allow the City to capitalize on funding options. Ms. Miranda indicated that
the review of the plan should be completed by the end of the year and public process initiated
next spring. Ms. Linder asked about the public process. Ms. Miranda noted that suggestions and
comments from staff will be given to the consultants. Following that, the plan will again be
reviewed internally and then forwarded to the Planning Commission for public hearings and then
submitted to the Council in March/April. Ms. Hernandez asked if a location for the pedestrian
bridge over the Green River had been determined. Ms. Miranda noted that the preliminary
location is via the Bow Lake Pipeline easement to the commuter rail station. Ms. Hernandez
asked if there id w 1 in Westfield's would be a s e a k i Westf eld s plan. Ms. Miranda indicated that a
covered walkway is planned from the Mall to the existing southbound transit center station. This
will help improve pedestrian safety. Information only.
B. Briefing on Tukwila Urban Center Plan Supplemental Environmental Impact Statement
(SEIS) Consultant Contract
Ms. Miranda provided a briefing on the Tukwila Urban Center Plan EIS Consultant Contract. A
contract was issued to Huckell Weinman Associates (HWA) in 2005. After partially completing
the work, the firm dissolved. Therefore, a new contract will be entered into with Richard
Weinman, previous project manager with HWA, to complete the remaining work. Information
only.
C. Renewal of moratorium within the Transit Oriented Development (TOD) planning area
Ms. Miranda noted that the renewal of a moratorium within the Transit Oriented Development
(TOD) planning area surrounding the Sounder Commuter Rail/Amtrak Station has occurred eight
times. Mr. Lancaster noted that there are no limitations on the number of renewals. At this time,
the TUC Plan adoption is anticipated in the summer of 2007. Ms. Hernandez noted that the
Council would hold a public hearing on November 13 and has three options available: renew the
moratorium; modify the proposed ordinance; or take no action. Unanimous approval to
forward to 11/13 COW for Public Hearing.
D. An ordinance establishing specific criteria for maintenance of vacant structures
Ms. Trantina provided a report on the development of an ordinance for the maintenance of
vacant structures. She reviewed some photos of vacant structures within the City of Tukwila
showing how some of them are boarded -up. The proposed ordinance would require that the
Minutes Community Affairs Parks 2
October 24, 2006
property be maintained in such a way as not to appear vacant. The new ordinance will allow the
City to work with property owners. It is estimated that there are approximately 50 vacant
structures. She reviewed the proposed ordinance. Unanimous approval to forward to COW.
E. Continued review of the 2007 Proposed Budget and CIP
The members of the Community and Parks Committee reviewed the following pages of the 2007
Proposed Budget. Mr. Fuhrer highlighted changes from last year and responded to questions of
the council members. This information will be reviewed at the November 6 regular council
meeting.
Mainline Commission 38
Mr. Lancaster noted that the budget is similar to last year's budget.
DCD Dent. DE. 73 82
Mr. Lancaster noted that the most significant issue for next year's budget is assuming
responsibility for electrical inspections and staffing this position. In addition, there are several
construction projects ongoing which may require employing a third building inspector. This
decision will be based on needs; however, sufficient budget capacity has been built into the
budget. Mr. Duffie noted that if the City hires an electrical inspector, a State inspector would no
longer be needed. Mr. Lancaster pointed out that when the City took on the responsibility for
plumbing and building inspections, a more coordinated approach was taken. In referring to
pages 74 and 75, Mr. Lancaster noted that the Mayor was allocating funding for revision of the
City's sign code to fund some consultant work. Referring to page 79, Mr. Fuhrer highlighted the
need to add a full -time permit technician to existing staff. This will consist of a 1 FTE
administrative support position and one .5 FTE administrative support position and equate to
approximately a $26,000 increase in the budget. A budget errata sheet will be provided and the
organizational chart adjusted. Mr. Lancaster pointed out that there is currently a .5 FTE permit
technician. The cost will be offset by permit fees.
Parks
CIP 5 -29
On page 6, Mr. Fletcher referred to the Duwamish River Bend Hill Park and noted that funds are
being solicited through partnerships with Cascade Land Conservancy and citizen's groups. On
page 7, Macadam Winter Garden, the Committee will need to be reconvened to consider the
scope of the project and to decide whether to construct it over two separate periods or wait until
more funding is secured. Mr. Morrow noted that the City cannot do the project in increments.
Whatever is constructed must stand independently. Page 8, Tukwila Pond, is being spearheaded
by DCD. The money allocated is for planning and water quality, not construction. Page 9,
Water Spray Park, the site may be relocated to either the Tukwila Community Center or the
swimming pool. The swimming pool would require permission by the school district. On
page 10, Tukwila City Pool, Mr. Neely highlighted the deficiencies HVAC, pool liner, and
broken tiles and outlined some possible options. Mr. Duffie asked about the cost of the liner.
Mr. Neely responded $150,000- $200,000. Mr. Duffie noted that the property belongs to the
school district. Mr. Fletcher reported that the City is negotiating for an extension of the lease.
The City will not replace the liner without a new lease extension. On page 11, Mr. Fletcher
reviewed efforts to acquire riverfront land next to the 57` Ave. S Park in the Foster Point
neighborhood. He expressed concern with the appraisal and availability of funds. On page 12,
Fort Dent Park, Mr. Fletcher noted that the outdoor restrooms need to be upgraded and the
playground relocated. Mr. Morrow noted that $750,000 was spent to upgrade the surface water
system. Bids for the sewer upgrade should be opened in November. Also, 250 additional
COUNCIL AGENDA SYNOPSIS
t i k y 5 ITEM No.
0 Zs
i 1 Meeting Date Prepared by, 1 Mayor's review ouncz view
I wtE'�� V f i 2 11/27/06 BG I I J
ti. ;61 1 12/04/06 I 1 1.-4-6- IQ, V,
1
I 1
ITEM INFORMATION
' CAS NUMBER: 06-142 I ORIGINAL AGENDA DATE: NOVEMBER 27, 2006
AGENDA ITEM TITLE Bid Award for Fort Dent Park /Interurban Avenue Sewer Extension
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing 111 Other
Mtg Date 11/27/06 Mtg Date Mtg Date Mtg Date Mtg Date 12 /04/06 Mtg Date Mtg Date:
SPONSOR Council Ma3'or Adm Svcs DCD Finance Fire Legal P&R Police PTV
SPONSOR'S This project will reroute the sewer flow from Lift Station #5, which serves Fort Dent
SUMMARY Business Park and Family Fun Center, north to a gravity sewer in Interurban Ave S. The
project was advertised on October 16 and 23, and six bids were opened on November 3,
2006. The low bid of $634,304.00 was from R.L. Alia, which is currently under contract
for the Allentown /Foster Point Water and Sewer project and work on that project is
satisfactory.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA i'E: 11/20/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Award contract to the lowest bidder, R.L. Alia.
COMMA rEE Unanimous approval, forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$634,304.00 $798,000.00
Fund Source: 301 Parks Recreation (page 12, 2007 Proposed CEP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/27/06 Meeting Canceled
12/4/06
MTG. DATE ATTACHMENTS
-11/2-7406- Information Memo dated November 6, 2006
12/04/06. Bid Tabulation
Utilities Committee Meeting Minutes from November 20, 2006
I I
1
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: November 6, 2006
Subject: Fort Dent Park/Interurban Avenue Sewer Extension
Project No. 04-SW02
BID AWARD
ISSUE
Award the bid for the Fort Dent Park/Interurban Avenue Sewer Extension project.
BACKGROUND
The completion of the Starfire Sports Complex at Fort Dent Park has caused the existing sanitary sewer
system at Fort Dent Park to run over capacity during peak use of the park.
In June of 2006, the City of Tukwila contracted with ADS Environmental Services to monitor sewage
flows entering and leaving Lift Station #6, which serves Starfire Sports Complex. The flow monitors
indicated the capacity of Lift Station #6 was exceeded ten times during the opening weekend of the All
Nations Cup, a soccer tournament with 33 teams from around the world. The capacity of the lift
station is based on only one pump running, not two pumps running. This project will reroute the sewer
flow from Lift Station #5, which serves Fort Dent Business Park and Family Fun Center, north to a
gravity sewer in Interurban Ave S.
The contract documents for the sewer system upgrades were completed in the summer of 2006 and
advertised on October 16 and 23, 2006. The project is listed in the Proposed 2007 CIP, page 12.
Six bids were opened on November 3, 2006. The engineer's estimate was $760,381.44. R. L. Alia
Company of Renton, Washington, submitted the low bid of $634,304.00 for the base bid. All bids
included state sales tax, and bonding and insurance was required.
The City of Tukwila currently has R. L. Alia under contract for the Allentown/Foster Point Water and
Sewer Improvement project and work on that project is satisfactory.
BUDGET AND BID SUMMARY
Bid Results Engineer's Estimate Budget
Bid 634,304.00 760,381.44 798,000.00
Contingency (10 58,300.00
Total 692,604.00 760,381.44 798,000.00
RECOMMENDATION
Award the bid for the Fort Dent Park/Interurban Avenue Sewer Extension project to R. L. Alia
Company of Renton in the amount of $634,304.00.
attachment: Bid Tabulation
(P:Pmj,tts/A- SW Pmjcas \O4SW02 \info memo Bid /mud to R L Aka)
CITY OF TUKWILA
Fort Dent Park/Interurban Avenue Sewer Extension
Project No. 04 -SW02
BID TABULATION
Bid Opening Date: 11/3/06
Bid Opening Time: 10:00 a.m.
(P:Pro(octM• SW Prolods104SW 02 \Old Tabulation)
Engineer's Estimate
R. L. Alia Company
Rodarte Construction, Inc.
Wm. Dickson Company
ITEM
NO.
ITEM OR
TASK DESCRIPTION
QUANTITY
NO.
UNITS
UNIT
NO.
UNITS
UNIT
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
1
ALL WORK
1
LS
$663,880.00
20,000.00
10,000.00
$663,880.00
20,000.00
10,000.00
558,000.00
10,000.00
10,000.00
5,000.00
$558,000.00
10,000.00
10,000.00
5,000.00
791,550.00
1.00
10,000.00
5,000.00
$791,550.00
1.00
10,000.00
5,000.00
883,121.00
6,350.00
10,000.00
5,000.00
$883,121.00
6,350.00
10,000.00
5,000.00
2
Trench Excavation Safety System
1
LS
3
Unforeseen Utility Conflict Resolution
10,000.00
FA
4
Miscellaneous Work and Restoration
FA
5,000.00
5,000.00
Subtotal
Sales Tax 8.8%
TOTAL
$698,880.00
61,501.44
$760,381.44
$583,000.00
51,304.00
$634,304.00
$806,551.00
70,976.49
$877,527.49
$904,471.00
79,593.45
$984,064.45
(P:Pro(octM• SW Prolods104SW 02 \Old Tabulation)
Gary Merlino Construction
Westwater Construction
Construct Company, LLC
ITEM
NO.
ITEM OR
TASK DESCRIPTION
QUANTITY
NO.
UNITS
UNIT
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
1
ALL WORK
1
LS
885,685.00
10,000.00
$885,685.00
10,000.00
1,201,414.00
20,000.00
$1,201,414.00
20,000.00
1,525,000.00
50,000.00
$1,525,000.00
50,000.00
2
Trench Excavation Safety System
1
LS
3
Unforeseen Utility Conflict Resolution
FA
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
4
Miscellaneous Work and Restoration
FA
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
5,000.00
Subtotal
Sales Tax 8.8%
TOTAL
$910,685.00
80,140.28
$990,825.28
$1,236,414.00
108,804.43
$1,345,218.43
$1,590,000.00
139,920.00
$1,729,920.00
(P:Pro(octM• SW Prolods104SW 02 \Old Tabulation)
Utilities/Committee
November 2006 5:00 p.m.
Present: Jim Haggerton, Chair; Pam Linder and Verna Griffin, Council members.
Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Mike Cusick, Senior Engineer; Gail
Labanara, Public Works Analyst; Diane Jenkins, Administrative Assistant to the Council; Chuck Parrish,
Community Member; and Vic Peterson and Dan Walla, AboveNet Communications.
Business Agenda
A. AboveNet Communications.. Inc. Franchise Agreement
AboveNet currently has a fiber optic system in Tukwila. Previously, the City had granted a three -year franchise
agreement to Metromedia Fiber Network Service who went bankrupt; they filed a Chapter 11 and changed its name to
AboveNet. AboveNet has submitted a permit to construct a new connection to the existing route along TIB. The
connection will serve a business located in the Sabey Data Center. Mr. Iriarte reviewed the route. He pointed out that
this packet was prepared well within the State regulations of 120 days. Ms. Linder asked if this would use directional
bore. Mr. Iriarte indicated that it would which will cause minimal impact to traffic. Unanimous approval to
forward to Committee of the Whole.
B. T- Mobile West Corporation Franchise Agreement
On October 15, 2003, T- Mobile, through its subsidiary VoiceStream Corporation, was granted a franchise agreement
which expired on October 15, 2006. T- Mobile West Corporation is requesting a franchise renewal to install,
maintain, and operate wireless facilities within the City's right -of -way. There is no proposal for any new cell towers
or antenna systems. Mr. Haggerton asked if there was a time limit for when an additional $5,000 administrative fee is
paid. Mr. Iriarte noted that the fee is valid during the three year franchise period. Unanimous approval to forward
to Committee of the Whole.
C. Fort Dent Park/Interurban Avenue Sewer Extension Bid Award
Mr. Iriarte reported that the City would like to award a bid in the amount of $634,304 for the Fort Dent
Park/Interurban Avenue Sewer Extension. The completion of the Starfire Sports Complex at Fort Dent caused the
existing sanitary sewer to run over capacity during peak use of the park. The City contracted with ADS
Environmental Services to monitor sewage flows. During the All Nations Cup, the capacity at Lift Station #6 was
exceeded 10 times during the opening weekend. The contract documents were completed in summer of 2006. The
engineer's estimate was $760,381.44; the base bid submitted by R. L. Alia Company was $634,304. This company is
currently doing the work for the Allentown/Foster Point Water and Sewer project; the work on that project is
satisfactory. Mr. Cusick noted that the Family Fun Center will now be serviced by Lift Station #5, and this will free
up some extra capacity for any development. Unanimous approval to forward to Committee of the Whole.
D. Fort Dent/Interurban Avenue Sewer Extension Construction Management Services
Mr. Giberson indicated that an amount of $97,897.58 had been negotiated with Jacobs Civil to provide construction
management (CM) services on the proposed bid award with R. L. Alia for the Fort Dent Park/Interurban Avenue
Sewer Extension Bid Award. Jacobs Civil is currently under a two -year contract to provide CM services. This fee is
within the overall project budget. Unanimous approval to forward to Committee of the Whole.
Old Business
Mr. Giberson indicated that a $5 million grant was received from the State Transportation Improvement Board for the
Klickitat Project. Mr. Haggerton asked about funding for the entire project. Mr. Giberson reported that all funding for the
project has been secured except for the proposed $5 million LID. In early 2007, council will receive an overview of the
LID process. This is a 12 -18 month process and staff has been working on it for 6 -7 months thus far. Ms. Linder recalled
that construction was to begin in 2008. Mr. Giberson also related that the city received the permit from Dept. of Fisheries
so work can begin to cut the trees down on the levee. In view of the recent crane accident in Bellevue, Mr. Haggerton
asked about the safety of construction projects within Tukwila and there were no issues.
Adjournment: 5:30 p.m.
i
Co mmittee Chair Approval
Minutes by D3. Reviewed by GL.
COUNCIL AGENDA SYNOPSIS
Initials ITEM No.
i 1 Meeting Date 1 Prepared by 1 Mayor's review I Council review 1
o
r,T1 y1 t el 1 11/27/06 1 Diane I
12/04/06 1 J� 1 4k.J,LiP cL
1 1 1 t
ITEM INFORMATION
CAS NUMBER: 06-144 I ORIGINAL AGENDA DATE: 11/27/06
AGENDA ITEM TITLE Discussion of council- initiated changes to 2007 Proposed Budget CIP
CATEGORY Discussion Motion 'Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/27/06 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PWY/
SPONSOR'S This item has been placed on the November 27 Committee of the Whole to allow Council
SUMMARY members an opportunity to propose changes to the 2007 proposed budget CIP.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Dennis Robertson
COMMI'i nE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
11/27/06 1 Meeting Canceled
MTG. DATE ATTACHMENTS
1 =7� -/-06.- Memo from D. Robertson dated 11/21/06
17 /flLL /0h
MEMORANDUM
November 21, 2006
TO: Members, Tukwila City Council .v
FR: Dennis Robertson, Administrative Assistant
RE: Council initiated changes to 2007 Proposed Budget CIP
This item has been placed on the November 27 Committee of the Whole to allow
council members an opportunity to propose changes to the 2007 proposed budget
CIP.
To: City Council
Mayor
From: Dennis Robertson, Council President
Re: Proposed Changes for 2007 Budget
Date: November 21, 2007
Proposed Changes to the Draft 2007 Budget
1. Tukwila Community Schools Collaboration
Change: I would propose that we add $100,000. to the budget annually for TCSC, as
long as it continues to provide the same or better services. The money would come from
the Carryover from 2006.
Rational: TCSC provides nationally recognized benefits to the school children in
Tukwila School District. It also provides benefits to the city such as:
Significantly lower turnover for the families with children registered in the
program.
-A place from which informal human service needs can be quickly met.
Increased sense of belonging to the City for our immigrant community.
Stable direct funding from the City of Tukwila would aid TCSC in challenging the school
district and King County to match the new funding as well as aid in grant requests.
2. Residential Street Program
Change: I would propose that we do not zero out the Residential Street program as the
Draft Budget for 2007 does. Instead, I propose that we budget $750,000. out of
Carryover from 2006 to the Residential Street program.
Rational: The Residential Street program has been around since before 1989. It has
provided significant benefits to our citizens, helping to revitalize many of our
neighborhoods. The sidewalks provided by the program have not only increased citizen
safety, they have a substantial impact on the `sense of neighborhood' where they exist.
It would be grossly unfair to cut the Residential Street program while continuing to fund
the Commercial Street program.
499
Special
Meeting
A
.:,,:_r_...„,____:__0--,„„„....
-7._.:„.,.,„0..,:._
COUNCIL AGENDA SYNOPSIS
<C t' '•ti Initials ITEM NO. of 1
Q ,t Meeting Date Prepared by Mayor's review Council review
n j •,i 12/04/06 1 KAF 1 iLR
1908
1 1
ITEM INFORMATION
CAS NUMBER: 06-146 I ORIGINAL AGENDA DATE: 12/04/06
AGENDA II'EM Public Hearing on the 2007 Proposed Budget and Financial Planning Model and
Capital Improvement Program
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date kitg Date Mtg Date Mtg Date Mtg Date Mtg Date 12/04/06 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&&R Police PW
SPONSOR'S Per RCW 35A.33.07 "The Council shall meet on the day fixed by RCW 35A.33.060 for the
SUMMARY purpose of fixing the final budget of the city at the time and place designated in the notice
thereof. Any taxpayer may appear and be heard for or against any part of the budget..." A
public hearing notice was published in the City's official newspaper, The Seattle Times, for
two consecutive weeks (November 8 and November 15).
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. N/A
COMMITTEE N/A
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Cornnzents:
MTG. DATE I RECORD OF COUNCIL ACTION
12/04/06 1:
MTG. DATE I ATTACHMENTS
12/04/06 Copy of Notice of Public Hearing
'05 I
!,‘•I's if
VI I C r
I
1
's,, 790$
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Tukwila City Council will hold a Public Hearing on
the Proposed 2007 Budget and the 2007 2012 Capital Improvement Program on
Monday, December 4. 2006, besinnins at 7 v.m. in the Council Chambers at Tukwila
City Hall, 6200 Southcenter Blvd., 'Tukwila, Washington.
THE PROPOSED 2007 BUDGET
Budget Summary:
000 General Fund $48,214,324
100 Special Revenue 32,163,827
200 Debt Service 2,764,030
300 Capital Projects 6,951,540
400 Enterprise 25,697,437
500 Internal Service 11,330,819
600 Trust and Agency 1,410,004
TOTAL ALL FUNDS $128,531,981
Copies of the proposed budget may be obtained from the Office of the City Clerk
during normal business hours. Citizens are invited to provide written and oral comments
and ask questions concerning the budget. Those unable to attend the meeting in person
may submit written testimony to the City Clerk's office until 5 p.m. on Monday,
December 4, 2006.
The City of Tukwila strives to accommodate people with disabilities. Please contact
the City Clerk's office by noon on Monday, December 4, if we can be of assistance (206-
433 -1800 OR TDD 1- 206 248 2933).
Dated this day of (V l 4--- i 2006.
City of Tukwila
JantkE. Cantu, &IC, City Clerk
Date of Publication: Seattle Times, November 8, 2006 and November 15, 2006
;��11t.... 9s
COUNCIL AGENDA SYNOPSIS
ITEM No.
Z --Initials
11,A 1G) S Meeting Date 1 Prepared by 1 Mayor's review ncil review 1
f wd t ea r' 1 11/27/06 FI l o` I
I 12/4/06 1 ,,t_-_&-' ICk. 1
ma's I I I I 1 (O t a
ITEM INFORMATION
CAS NUMBER: 06-140 I ORIGINAL. AGENDA DATE: NOVEMBER 27, 2006
AGENDA I1LM TITLE AboveNet Communications Inc. Franchise Agreement
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 11 /27/06 Mtg Date Mtg Date Mtg Date 12/04/06 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PLY/
SPONSOR'S AboveNet Communications, Inc. (formerly Metromedia Fiber Network Services) is
SUMMARY requesting a franchise to install, operate, and maintain a fiber optic system in the City's
right -of way. The ordinance will renew their current locations and construct a new
connection to the existing route at 12301 Tukwila Int'I Blvd at the Sabey Data Center.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA YE: 11/20/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance granting franchise.
COWlITEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
11/27/06 1 Meeting Canceled
12/4/06 1
MTG. DATE 1 ATTACHMENTS
11/27106 1 Information Memo dated November 15, 2006
12 /n4 /n Ordinance with Exhibits
Utilities Committee Meeting Minutes from November 20, 2006
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: November 15, 2006
Subject: AboveNet Communications, Inc., Franchise Agreement
ISSUE
AboveNet Communications, Inc., requests franchise approval to install, operate, and maintain
a fiber optic system in the City's right -of -way.
BACKGROUND
AboveNet (formerly Metromedia Fiber Network Services, Inc.) is a publicly traded
telecommunications company that provides technologically advanced, high- bandwidth, fiber
optic communications infrastructure to businesses. Through its extensive metro network, data
centers and managed services, AboveNet provides seamless and secure managed Gigabit
Ethernet connectivity.
Shortly after the City granted a three -year franchise in September 2000 to Metromedia Fiber
Network Services, Inc., (MFNS), MFNS filed for Chapter 11. MFNS has emerged from
bankruptcy and has changed its name to AboveNet Communications, Inc.
DISCUSSION
AboveNet currently has a fiber optic system in the City of Tukwila. The system is depicted at
Exhibit A of the franchise document. AboveNet's system was constructed in late 2000 through
joint builds with 360 Networks, McLeod, and Williams Communications. The 360 Networks
Joint Build starts at the south city limits on West Valley Highway, and continues north on
Interurban Ave S to Airport Way S. The McLeod Joint Build begins at the intersection of
Interurban Ave S and S 133` St. That system heads westerly to East Marginal Way S, then
northerly to the intersection of East Marginal Way S and Interurban Ave S. The Williams Joint
Build starts at the intersection of S.130 St and Tukwila International Blvd (TIB). The system
continues on a northerly direction to the intersection of TIB and E Marginal Way S, then
northerly on E Marginal Way S to the north city limits.
AboveNet has submitted a permit to construct a new connection to the existing route along
TIB at 12301 TIB. The connection will serve a business located in the Sabey Data Center.
Construction is expected to be via directional bore and will not impact the travel lanes.
RECOIVIlVIENDATION
Present to Utilities Committee, then to the next Committee of the Whole and Regular Council
meetings for discussion and approval.
attachment: franchise ordinance packet
(P:3(ICClAtonNG U[171CC5 CO miii Iufo M. o)
1
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of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO ABOVENET
COMMUNICATIONS, A DELAWARE CORPORATION, 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; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, AboveNet Communications Inc., herinafter referred to as "AboveNet," is a telecommunications
company that, among other things, provides communications services to customers, including those in the Puget
Sound region; and
WHEREAS, AboveNet's desired route through the City of Tukwila, hereinafter referred to as "the 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 installa-
tion and maintenance of a telecommunications system is appropriate from the standpoint of the benefits to be
derived by local businesses 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 nonexclusive
franchises for the use of public streets, rights -of -way, 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 AboveNet, 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 AboveNet and shall in no way prohibit or limit
the City's ability to grant other franchises, permits or rights along, over .ozunder the areas to which this franchise
has been granted to AboveNet; provided, that such other franchises do not unreasonably interfere with AboveNet's
exercise of franchise rights granted herein as determined by the City. This Franchise Agreement 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 three years from the
effective date of this ordinance. This Franchise Agreement shall not take effect and AboveNet shall have no rights
under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this
Franchise Agreement. If AboveNet requests a Franchise Agreement renewal prior to the expiration date, the City
may, at the City's sole discretion, extend the term of this Franchise Agreement 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 Agreement,
written notice of the extension shall be provided to AboveNet prior to the Franchise Agreement expiration date.
Section 4. Acceptance of Terms and Conditions.
The full acceptance of this Franchise Agreement 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 AboveNet 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.
AboveNet franchise agreement.doc Page 1 of S
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's Department
of Public Works. In case of an emergency, AboveNet 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 AboveNet 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. CONS7RUCTIONSTANDARDS. Any construction, installation, maintenance and restoration activities
performed by or for AboveNet 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. Within 90 days following written notice from the City, AboveNet shall, at its own expense,
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, underground
ing, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety,
or operation of any City or other public improvement in or upon the rights -of -way.
2. AboveNet 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 AboveNet 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, AboveNet shall submit additional information to assist the City
in making such evaluation. The City shall give each alternative proposed by AboveNet full and fair consideration.
In the event the City ultimately determines that there is no other reasonable alternative, AboveNet shall relocate its
facilities as otherwise provided in this section.
F. REMOVAL OR ABANDONMENT Upon the removal from service of any service antennas or other
associated structures, facilities and amenities, AboveNet 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 AboveNet 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, AboveNet shall upon the request of the City,
furnish a bond executed by AboveNet 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 AboveNet's
.obligations under this Franchise Agreement. At AboveNet's sole option, AboveNet 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 AboveNet shall observe all
the covenants, terms and conditions, and shall faithfully perform all of the obligations of this Franchise Agreement,
and repair or replace any defective work or materials discovered in the City's roads, streets, or property.
H. 'ONE-CALL" LOCATION 8. LIABILITY. AboveNet 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 AboveNet's system components or for interruptions in service to AboveNet customers
that are a direct result of work performed for any City project for which AboveNet 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 AboveNet system components or for interruptions in service to AboveNet customers
resulting from work performed under a permit issued by the City.
I. AS -BUILT PLANS REQUIRED. AboveNet 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
AboveNet pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built
submittals provided under this section.
J. RECOVERY OF COSTS. AboveNet shall be subject to all permit fees associated with activities under
taken 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,
AboveNet shall pay such reasonable costs and expenses directly to the City.
AboveA'etfranchise agreement.doc Page 2 of S
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, arid said vacation shall be for the purpose of acquir-
ing 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
AboveNet, 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 AboveNet by reason of such termination other
than those provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. FRANCHISE VIOLATIONS. The failure by AboveNet 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 30 days of receipt of such notice. If AboveNet 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 AboveNet's actions, or any failure by AboveNet to act to correct a situation caused by
AboveNet, is deemed by the City to create a threat to life or property, the City may order AboveNet to immediately
correct said threat or, at the City's discretion, the City may undertake measures to correct said threat itself; provided
that, when possible, the City shall notify AboveNet and give AboveNet an opportunity to correct said threat before
undertaking such corrective measures. AboveNet 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 AboveNet, and shall further be liable for all costs, expenses and damages resulting to the City from such
situation; 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 AboveNet to take appropriate
action to correct a situation caused by AboveNet and identified by the City as a threat to public or private safety or
property shall be considered a violation of franchise terms.
2. If during construction or maintenance of AboveNet's facilities any damage occurs to an under-
ground facility and the damage results in the release of natural gas or other hazardous substance or potentially
endangers life, health, or property, AboveNet or its contractor shall immediately call 911 and any other local emer-
gency response number.
C. OTHER REMEDIES Nothing contained in this Franchise Agreement shall limit the City's available
remedies in the event of AboveNet's failure to comply with the provisions of this Franchise Agreement, including
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 viola
tions of the terms of this Franchise Agreement, AboveNet shall, at its sole expense, promptly remove all system
components and facilities, provided that the City, at its sole option, may allow AboveNet to abandon its facilities in
place.
Section 7. Insurance.
A. AboveNet 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 condi-
tions 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 Franchise Agreement shall relieve AboveNet from any obligation to obtain approvals or neces-
sary 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 or any rights, title or interest in AboveNet'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, or if such transfer is from AboveNet to another person
or entity controlling, controlled by, or under common control with AboveNet
B. In any transfer of this franchise which requires the approval of the City, AboveNet 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 requires the approval of
the City shall be reimbursed to the City within 30 days of such transfer.
AboveNet franchise agreenrent.doc Page 3 of 5
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. AboveNet 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. AboveNet shall be subject to and pay the City a one time -only $5,000.00 administrative fee for reim-
bursement of City's 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 asso-
ciated 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 AboveNet submits a request for work beyond scope of original franchise, or submits a
complex project that requires significant comprehensive plan review or inspection, AboveNet shall reimburse the
City for a franchise amendment and expenses associated with the project. AboveNet shall pay such costs within 30
days of receipt of bill from the City.
D. Failure by AboveNet 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 6A of this ordinance.
Section 11. Notices.
Any notice to be served upon the City or AboveNet shall be delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
AboveNet Communications, Inc.
360 Hamilton Avenue
7t Floor
White Plains, NY 10601
Section 12. Indemnification.
A. AboveNet 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. AboveNet shall
indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorneys 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 AboveNet, its officers, agents, servants or
employees, carried on in the furtherance of the rights, benefits and privileges granted to AboveNet by this Franchise
Agreement. In the event any claim or demand is presented to or filed with the City which gives rise to AboveNet's
obligation pursuant to this section, the City shall, within a reasonable lime, notify AboveNet thereof, and AboveNet
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 AboveNet's obligation pursuant to this section, the City shall promptly notify AboveNet thereof, and
AboveNet shall, at its sole cost and expense, defend such the
or action by attorneys of its own election. In defense
of such suit or action, AboveNet 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 AboveNet to:
1. protect and hold 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 AboveNet and the City, AboveNet'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 Agreement 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 Agreement and as to claims against the City, its
officers, agents and employees, AboveNet 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 AboveNet's officers, agents or employees. This waiver is mutually negotiated by the parties.
AboveNet franchise agreement.doc Page 4 of 5
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 AboveNet, to enforce the remaining provisions of the ordinance, AboveNet shall
have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this Franchise Agreement is intended to satisfy the
requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any
provision of this Franchise 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 Franchise Agreement, it being the
intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this
Franchise 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. AboveNet 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. AboveNet 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 AboveNet, shall thereafter
govern AboveNet's activities hereunder; provided, however, that in no event shall regulations:
(a) materially interfere with or adversely affect AboveNet's rights pursuant to and in accordance with this
Franchise Agreement; or
(b) be applied in a discriminatory manner as it pertains to AboveNet and other similar user of such facilities.
Section 17. 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 2006.
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Attachments: Exhibit A: AboveNet Route Descriptions within the City of Tukwila
Exhibit Al: Map, AboveNet Fiber Optic System
Exhibit B: Franchise Agreement Acceptance Form
AboveNet franchise agreement. doc Page 5 of 5
EXHIBIT A
AboveNet route descriptions within the City of Tukwila
(2) 1 %4" conduits within the 360 Networks joint build beginning at the south City limits
on West Valley highway northerly approximately 2.22 miles to the intersection of West
Valley Highway, Grady Way and Interurban Ave. Populated with (1) 432ct fiber optic
cable.
(2) 1 'A" conduits within the 360 Networks joint build continuing westerly along SW
Grady Way approximately .2 miles to the eastern Cityiimits. Populated with (1) 432ct
fiber optic cable
(2) 1 conduits within the 360 Networks joint build from the intersection of SW Grady
Way, West Valley Highway and Interurban Ave northerly approximately 3.16 miles to
the intersection of Interurban Ave and E Marginal Way S. Populated with (1) 864ct fiber
optic cable. Note: There is no cable placed between S 133 St and E Marginal Way S
along Interurban Ave.
(2) 1 'A" conduits within the 360 Networks joint build from the intersection of Interurban
Ave and E Marginal Way S northerly approximately .63 miles to the intersection of E
Marginal Way S and S Boeing Access Rd. Populated with (1) 432ct fiber optic cable.
(2) 1 'A" conduits within the 360 Networks joint build from the intersection of S Boeing
Access Rd easterly approximately .23 miles to the intersection of S Boeing Access Rd
and Airport Way S at the northern City limits. Populated wittr(1) 432ct fiber optic cable.
(8) 1 conduits within the McLeod joint build from the intersection of Interurban Ave
and S 133 St westerly approximately .36 miles, then continuing northerly along E
Marginal Way S approximately 1 mile to the intersection of E Marginal Way S and
Interurban Ave. Populated with (1) 864 et fiber optic cable. Note: There is no cable
placed between S 124 St and S 120 St along E Marginal Way S.
(8) 1 'A' conduits from the intersection of E Marginal Way S and S 124 St westerly
approximately .13 miles. Populated with (1) 864 Ct fiber optic cable.
(4) 1 'A" conduits within the Williams joint build from the intersection of S 130 St and
Pacific Highway S northerly approximately 1.41 miles to the intersection of Pacific
Highway S and E Marginal Way S, then continuing northerly on E Marginal Way S
approximately 1.9 miles to the north City Limits.
Propose build: Install one (1) 4" PVC conduit from existing manhole on the west side of
Tukwila International Boulevard. Construction will connect an existing manhole in the
roadway shoulder to the property line at 12301 TIB.
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EDIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
ABOVENET COMMUNICATIONS, INC.
Date:
Ms. Jane Cantu
Office of the City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No.
Adopted
Dear Ms. Cantu:
In accordance with and as required by Section of City of Tukwila Ordinance No.
passed by the City Council and approved by the Mayor on
(the "Ordinance AboveNet Communications, Inc., hereby accepts the terms,
conditions and obligations to be complied with or performed by it under the Ordinance.
Sincerely,
Signature
Printed Name
Title
2 0
Utilities ommittee
November 2006 5:00 p.m.
Present: Jim Haggerton, Chair; Pam Linder and Verna Griffin, Council members.
Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Mike Cusick, Senior Engineer; Gail
Labanara, Public Works Analyst; Diane Jenkins, Administrative Assistant to the Council; Chuck Parrish,
Community Member; and Vic Peterson and Dan Walla, AboveNet Communications.
ic Business Auenda
A. AboveNet Communications. Inc. Franchise Aureement
AboveNet currently has a fiber optic system in Tukwila. Previously, the City had granted a three -year franchise
agreement to Metromedia Fiber Network Service who went bankrupt; they filed a Chapter 11 and changed its name to
AboveNet. AboveNet has submitted a permit to construct a new connection to the existing route along TIB. The
connection will serve a business located in the Sabey Data Center. Mr. Iriarte reviewed the route. He pointed out that
this packet was prepared well within the State regulations of 120 days. Ms. Linder asked if this would use directional
bore. Mr. Iriarte indicated that it would which will cause minimal impact to traffic. Unanimous approval to
forward to Committee of the Whole.
B. T- Mobile West Corporation Franchise Aereement
On October 15, 2003, T- Mobile, through its subsidiary VoiceStream Corporation, was granted a franchise agreement
which expired on October 15, 2006. T- Mobile West Corporation is requesting a franchise renewal to install,
maintain, and operate wireless facilities within the City's right -of -way. There is no proposal for any new cell towers
or antenna systems. Mr. Haggerton asked if there was a time limit for when an additional $5,000 administrative fee is
paid. Mr. Iriarte noted that the fee is valid during the three year franchise period. Unanimous approval to forward
to Committee of the Whole.
C. Fort Dent Park/Interurban Avenue Sewer Extension Bid Award
Mr. Iriarte reported that the City would like to award a bid in the amount of $634,304 for the Fort Dent
Park/Interurban Avenue Sewer Extension. The completion of the Starfire Sports Complex at Fort Dent caused the
existing sanitary sewer to run over capacity during peak use of the park. The City contracted with ADS
Environmental Services to monitor sewage flows. During the All Nations Cup, the capacity at Lift Station #6 was
exceeded 10 times during the opening weekend. The contract documents were completed in summer of 2006. The
engineer's estimate was $760,381.44; the base bid submitted by R. L. Alia Company was $634,304. This company is
currently doing the work for the Allentown/Foster Point Water and Sewer project; the work on that project is
satisfactory. Mr. Cusick noted that the Family Fun Center will now be serviced by Lift Station #5, and this will free
up some extra capacity for any development. Unanimous approval to forward to Committee of the Whole.
D. Fort Dent/Interurban Avenue Sewer Extension Construction Management Services
Mr. Giberson indicated that an amount of $97,897.58 had been negotiated with Jacobs Civil to provide construction
management (CM) services on the proposed bid award with R. L. Alia for the Fort Dent Park/Interurban Avenue
Sewer Extension Bid Award. Jacobs Civil is currently under a two -year contract to provide CM services. This fee is
within the overall project budget. Unanimous approval to forward to Committee of the Whole.
Old Business
Mr. Giberson indicated that a $5 million grant was received from the State Transportation Improvement Board for the
Klickitat Project. Mr. Haggerton asked about funding for the entire project. Mr. Giberson reported that all funding for the
project has been secured except for the proposed $5 million LID. In early 2007, council will receive an overview of the
LID process. This is a 12 -18 month process and staff has been working on it for 6 -7 months thus far. Ms. Linder recalled
that construction was to begin in 2008. Mr. Giberson also related that the city received the permit from Dept. of Fisheries
so work can begin to cut the trees down on the levee. In view of the recent crane accident in Bellevue, Mr. Haggerton
asked about the safety of construction projects within Tukwila and there were no issues.
Adjournment: 5:30 p.m.
Committee Chair Approval
Minutes by D.I. Reviewed by GL.
COUNCIL AGENDA SYNOPSIS
k J `r y Initials ITEM NO.
X 11, k 1!�' C+� Meeting Date 1 Prepared by 1 Mayor's review 1 ,4ouncil review �n +:r ,0> 11/27/06 I FI I� I
to 1 12/4/06 1 1 h.4-6- I Jk
ITEM INFORMATION
CAS NUMBER: 06-141 I ORIGINAL AGENDA DATE: NOVEMBER 27, 2006
AGENDA ITEM TITLE T- Mobile West Corporation Franchise Agreement
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date 11 /27/06 Mtg Date Mtg Date Mtg Date 12/04/06 Mtg Date Mtg Date 1Vitg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S T- Mobile West Corporation is requesting a franchise to install, maintain, and operate
SUMMARY wireless facilities within the City's right -of way. The ordinance will renew their current
location that had been previously granted through its subsidiary VoiceStream Coporation.
T- Mobile currently operates a wireless facility located at 14403 51 Ave S and has no
immediate plans to install additional facilities.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/20/06
RECOMMENDATIONS:
SPONSOR /ADMEN. Approve Ordinance granting franchise.
COIM MTi i E Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/27/06 Meeting Canceled
12/4/06
MTG. DATE ATTACHMENTS
-1-1-/-27106- Information Memo dated November 16, 2006
12/04/06 Ordinance with Exhibits
Utilities Committee Meeting Minutes from November 20, 2006
1
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directorttl
Date: November 16, 2006
Subject: T- Mobile West Corporation Franchise Agreement
ISSUE
T- Mobile West Corporation requests' a franchise renewal to install, maintain, and operate
wireless facilities within the City's right -of -way.
BACKGROUND
On October 15, 2003, T- Mobile, through its subsidiary VoiceStream Corporation, was granted
a franchise to construct, maintain, and operate facilities necessary for a wireless
telecommunications facility. That franchise expired on October 15, 2006.
Based in Bellevue, Washington, T -Mobile is one of the fastest growing wireless service
providers, offering all- digital voice, messaging, and high -speed wireless data services to
residential and commercial customers nationwide.
DISCUSSION
To support its wireless system, T- Mobile installed wireless facilities within the City's right -of-
way and private properties. T -Mobile currently operates a wireless facility located at 14403
51' Ave S. The facility consists of panel antennas attached to a QWEST utility pole located in
the right -of -way. The antenna system has associated coaxial cable running down the pole to a
base transceiver station. The associated equipment cabinets and power generation system are
located in adjacent private property.
T -Mobile currently has no immediate plans to install additional facilities in the right -of -way.
RECOMMENDATION
Present to Utilities Committee, then to the next Committee of the Whole and Regular Council
meetings for discussion and approval.
attachment: franchise ordinance packet
(P:alic \T .Mobile Uuloes Committee Info Memo)
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Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING
TON, GRANTING A NON EXCLUSIVE FRANCHISE TO T- MOBILE WEST
CORPORATION, A DELAWARE CORPORATION, LEGALLY AUTHORIZED TO
CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF
INSTALLING, OPERATING AND MAINTAINING A WIRELESS TELECOMMUNICA-
TIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, T- Mobile West Corporation, hereinafter referred to as "T- Mobile," is a wireless telecommuni-
cations company that, among other things, provides advanced wireless voice and data services to customers,
including those in the Puget Sound region; and
WHEREAS, T- Mobile's desired route through the City of Tukwila, hereinafter referred to as "the City,"
requires the use of certain portions of City rights -of -way for the installation, operation and maintenance of a wireless
system that includes antennas mounted on utility poles; and
WHEREAS, the City Council has determined that the use of portions of the City's rights -ofway for installa-
tion of a wireless system is appropriate from the standpoint of the benefits to be derived by local businesses 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 nonexclusive
franchises for the use of public streets, rights-of-way, 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 Franrhise Granted.
A. The City hereby grants to T- Mobile, 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 wireless 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 T- Mobile 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 T- Mobile; provided, that such other franchises do not unreasonably interfere with T- Mobile's
exercise of franchise rights granted herein as determined by the City. This Franchise Agreement 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 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 Agreement shall not take effect and T- Mobile shall have no rights
under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this
Franchise Agreement. If T- Mobile requests a Franchise Agreement renewal prior to the expiration date, the City
may, at the City's sole discretion, extend the term of this Franchise Agreement 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 Agreement,
written notice of the extension shall be provided to T- Mobile prior to the Franchise Agreement expiration date.
Section 4. Acceptance of Terms and Conditions.
The full acceptance of this Franchise Agreement 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 T- Mobile 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.
T-Moblle franchise agreement dcc Page 1 of 5
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's Department
of Public Works. In case of an emergency, T- Mobile 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 T- Mobile 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 T- Mobile 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. Within 90 days following written notice from the City, T- Mobile shall, at its own expense,
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, underground
ing, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety,
or operation of any City or other public improvement in or upon the rights -of -way.
2. T- Mobile 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 T- Mobile 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, T -Mobile shall submit additional information to assist the City in
making such evaluation. The City shall give each alternative proposed by T -Mobile full and fair consideration. In
the event the City ultimately determines that there is no other reasonable alternative, T- Mobile shall relocate its
facilities as otherwise provided in this section. T- Mobile may seek reimbursement for relocation expenses if such
reimbursement is available pursuant to RCW 35.99.
F. REMOVAL OR ABANDONMENT. Upon the removal from service of any wireless service antennas or
other associated structures, facilities and amenities, T- Mobile 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 T -Mobile may be abandoned without the express writ-
ten consent of the City.
G. BOND. Before undertaking any of the work, installation, improvements, construction, repair,
relocation or maintenance authorized by this Franchise Agreement, T- Mobile shall upon the request of the City,
.furnish a bond executed by T -Mobile 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 T- Mobile's
obligations under this Franchise Agreement. At T- Mobile's sole option, T -Mobile 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 T- Mobile shall observe all
the covenants, terms and conditions, and shall faithfully perform all of the obligations of this Franchise Agreement,
and repair or replace any defective work or materials discovered in the City's roads, streets, or property.
H. "ONE CALL° LOCATION LIABILITY. T -Mobile 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 T- Mobile's system components or for interruptions in service to T- Mobile customers
that are a direct result of work performed for any City project for which T -Mobile 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 T -Mobile system components or for interruptions in service to T -Mobile customers
resulting from work performed under a permit issued by the City.
I. AS BUILT PLANS REQUIRED. T -Mobile 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
T- Mobile pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals
provided under this section.
J. RECOVERY OF COSTS. T -Mobile shall be subject to all permit fees associated with activities under-
taken 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,
T -Mobile shall pay such reasonable costs and expenses directly to the City.
TMobile franchise agreement doc Page 2 of 5
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 acquir-
ing 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
T- Mobile, 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 T- Mobile by reason of such termination other
than those provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. FRANCHISE VIOLATIONS. The failure by T- Mobile 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 30 days of receipt of such notice. If T- Mobile 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 T- Mobile's actions, or any failure by T- Mobile to act to correct a situation caused by
T- Mobile, is deemed by the City to create a threat to life or property, the City may order T- Mobile to immediately
correct said threat or, at the City's discretion, the City may undertake measures to correct said threat itself; provided
that, when possible, the City shall notify T- Mobile and give T- Mobile an opportunity to correct said threat before
undertaking such corrective measures. T- Mobile 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
T- Mobile, and shall further be liable for all costs, expenses and damages resulting to the City from such situation;
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 T -Mobile to take appropriate action to correct a
situation caused by T- Mobile and identified by the City as a threat to public or private safety or property shall be
considered a violation of franchise terms.
2. If during construction or maintenance of T- Mobile's facilities any damage occurs to an under-
ground facility and the damage results in the release of natural gas or other hazardous substance or potentially
endangers life, health, or property, T- Mobile or its contractor shall immediately call 911 and any other local emer-
gency response number.
C. OTHER REMEDIES. Nothing contained in this Franchise Agreement shall limit the City's available
remedies in the event of T- Mobile's failure to comply with the provisions of this Franchise Agreement, including 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 viola-
tions of the terms of this Franchise Agreement, T- Mobile shall, at its sole expense, promptly remove all system
components and facilities, provided that the City, at its sole option, may allow T -Mobile to abandon its facilities in
place.
Section 7. Insurance.
A. T -Mobile 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 condi-
tions 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 notbe 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 Franchise Agreement shall relieve T- Mobile from any obligation to obtain approvals or neces-
sary 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 or any rights, title or interest in T- Mobile's wireless 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, or if such transfer is from T -Mobile to another person or entity
controlling, controlled by, or under common control with T- Mobile.
B. In any transfer of this franchise which requires the approval of the City, T- Mobile 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
T -Mobil franchise agreement. doc Page 3 of 5
the City Council. Any administrative costs associated with a transfer of this franchise which 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. T- Mobile 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. T- Mobile shall be subject to and pay the City a one time only $5,000.00 administrative fee for reim-
bursement of City's 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 asso-
ciated 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 T -Mobile submits a request for work beyond scope of original franchise, or submits a
complex project that requires significant comprehensive plan review or inspection, T -Mobile shall reimburse the
City for a franchise amendment and expenses associated with the project. T- Mobile shall pay such costs within 30
days of receipt of bill from the City.
D. Failure by T -Mobile 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 speci-
fied in Section 6A of this ordinance.
Section 11. Notices.
Any notice to be served upon the City or T- Mobile shall be delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
T- Mobile West Corporation With copy to: T- Mobile West Corporation
Attn: PCS Lease Administration Attn: Lease Administrator
12920 SE 38 Street 19807 N. Creek Parkway North
Bellevue, WA 98006 Bothell, WA 98011
Section 12. Indemnification.
A. T -Mobile 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. T -Mobile 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 T- Mobile, its officers, agents, servants or employees, carried on
in the furtherance of the rights, benefits and privileges granted to T -Mobile by this Franchise Agreement. In the
event any claim or demand is presented to or filed with the City which gives rise to T- Mobile's obligation pursuant
to this section, the City shall, within a reasonable time, notify T -Mobile thereof, and T- Mobile 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
T- Mobile's obligation pursuant to this section, the City shall promptly notify T- Mobile thereof, and T- Mobile 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, T -Mobile 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 T -Mobile to:
1. protect and hold 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 T- Mobile and the City, T- Mobile'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 Agreement 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 Agreement and as to claims against the City, its
officers, agents and employees, T- Mobile 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 T- Mobile's officers, agents or employees. This waiver is mutually negotiated by the parties.
TMobiteitanctase ao eernent.doc Page 4 cf 5
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 parry 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 T- Mobile, to enforce the remaining provisions of the ordinance, T- Mobile shall
have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this Franchise Agreement is intended to satisfy the
requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any
provision of this Franchise 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 Franchise Agreement, it being the
intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this
Franchise Agreement does not constitute a waiver of any rights or obligations by either party under the Iaw.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise
its police powers. T- Mobile 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. T- Mobile acknowledges that the City may develop
rules, regulations and specifications, including a general ordinance or other regulations governing telecommunica-
tions operations in the City. Such regulations, upon written notice to T-Mobile, shall thereafter govern T- Mobile's
activities hereunder; provided, however, that in no event shall regulations:
(a) materially interfere with or adversely affect T- Mobile's rights pursuant to and in accordance with this
Franchise Agreement; or
(b) be applied in a discriminatory manner as it pertains to T- Mobile and other similar user of such facilities.
Section 17. 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 Special Meeting
thereof this day of 2006.
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Attachments: Exhibit A: Franchise Agreement Project Description /Facilities Location and Standards
Exhibit B: Franchise Agreement Acceptance Form
T-Mobile franchise agreement. doc Page 5 of 5
EDIT A
FRANCHISE AGREEMENT
T- MOBILE WEST CORPORATION
Proiect Descrintion: T- Mobile plans to install wireless facilities within the City right
of -way (ROW). Installations will generally consist of antennas placed on top of new or
existing structures (i.e. utility poles) in the ROW. Average height above ground of the
antennas is approximately 30 -120 feet. The antennas will have associated coax running
down the pole to a base transceiver station (BTS). The BTS will be placed either in the
ROW or on adjacent property to the ROW. Each installation will require power and
telephone or microwave connectivity. Individual installations will vary depending on
location and specific engineering criteria.
T- Mobile wireless facilities are designed to be the least visually obtrusive design while
meeting the coverage objectives and compliance with all applicable codes. The sites will
be unmanned and will not require water, waste treatment or management of hazardous
waste. Minimal traffic would be generated during the construction phase while the crew
is traveling to and from the site. Existing access and parking will be utilized; no
vehicular access to the equipment area is necessary after completion of construction.
After construction is completed, there would be approximately one visit per month by a
field engineer for routine maintenance.
Facilities Location and Standards: T- Mobile wireless facility is located in the vicinity
of S 144th and 51 Avenue S. The need for new sites is dictated by market demand,
capacity, coverage requirements for a particular geographic area, and the radio frequency
hand -off from one site to another in order to achieve seamless communications coverage.
The selection and design of a specific PCS site is further refined by considering local
topographic and geographic factors, tree canopy, buildings, mountains, water bodies, the
ability to mitigate the antenna support structure's visual impact, compatibility of the
facility with existing land uses, and space availability. Because PCS signals must travel
in an unobstructed path from the facility to the user, the presence of any one or all of
these factors can negatively influence the quality of transmission and reception. The
height and location of each T- Mobile site is based upon the ability of the site to
effectively function despite those obstacles. In addition, Federal Aviation Administration
requirements regulate the height of an antenna support structure near or on major airport
facilities.
In the event T- Mobile decides to construct new wireless facilities, T- Mobile shall submit
plans and obtain permits as required by the Tukwila Municipal Code. City reserves the
right to approve siting, construction standards, and specifications of the new wireless
facilities.
EDIT B
I FRANCHISE AGREEMENT ACCEPTANCE FORM
T- MOBILE WEST CORPORATION
Date:
Ms. Jane Cantu
Office of the City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No.
Adopted
Dear Ms. Cantu:
In accordance with and as required by Section of City of Tukwila Ordinance No.
passed by the City Council and approved by the Mayor on
(the "Ordinance"), T- Mobile West Corporation hereby accepts the terms, conditions
and obligations to be complied with or performed by it under the Ordinance.
Sincerely,
Signature
Printed Name
Title
1
.ye a
Utilitie ommittee
November 1, 2006 5:00 p.m.
Present: Jim Haggerton, Chair; Pam Linder and Verna Griffin, Council members.
Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Mike Cusick, Senior Engineer; Gail
Labanara, Public Works Analyst; Diane Jenkins, Administrative Assistant to the Council; Chuck Parrish,
Community Member; and Vic Peterson and Dan Walla, AboveNet Communications.
Business Agenda
A. AboveNet Communications. Inc. Franchise Agreement
AboveNet currently has a fiber optic system in Tukwila. Previously, the City had granted a three -year franchise
agreement to Metromedia Fiber Network Service who went bankrupt; they filed a Chapter 11 and changed its name to
AboveNet. AboveNet has submitted a permit to construct a new connection to the existing route along TIB. The
connection will serve a business located in the Sabey Data Center. Mr. Iriarte reviewed the route. He pointed out that
this packet was prepared well within the State regulations of 120 days. Ms. Linder asked if this would use directional
bore. Mr. Iriarte indicated that it would which will cause minimal impact to traffic. Unanimous approval to
forward to Committee of the Whole. 1
B. 1 Mobile West Corporation Franchise Agreement
un October 15, 2003, T- Mobile, through its subsidiary VoiceStream Corporation, was granted a franchise agreement
which expired on October 15, 2006. T- Mobile West Corporation is requesting a franchise renewal to install,
maintain, and operate wireless facilities within the City's right -of -way. There is no proposal for any new cell towers
or antenna systems. Mr. Haggerton asked if there was a time limit for when an additional $5,000 administrative fee is
paid. Mr. Iriarte noted that the fee is valid during the three year franchise period. Unanimous approval to forward
to Committee of the Whole.
C. Fort Dent Park/Interurban Avenue Sewer Extension Bid Award
Mr. Iriarte reported that the City would like to award a bid in the amount of $634,304 for the Fort Dent
Park/Interurban Avenue Sewer Extension. The completion of the Starfire Sports Complex at Fort Dent caused the
existing sanitary sewer to run over capacity during peak use of the park. The City contracted with ADS
Environmental Services to monitor sewage flows. During the All Nations Cup, the capacity at Lift Station #6 was
exceeded 10 times during the opening weekend. The contract documents were completed in summer of 2006. The
engineer's estimate was $760,381.44; the base bid submitted by R. L. Alia Company was $634,304. This company is
currently doing the work for the Allentown/Foster Point Water and Sewer project; the work on that project is
satisfactory. Mr. Cusick noted that the Family Fun Center will now be serviced by Lift Station #5, and this will free
up some extra capacity for any development. Unanimous approval to forward to Committee of the Whole.
D. Fort Dent/Interurban Avenue Sewer Extension Construction Manaiement Services
Mr. Giberson indicated that an amount of $97,897.58 had been negotiated with Jacobs Civil to provide construction
management (CM) services on the proposed bid award with R. L. Alia for the Fort Dent Park/Interurban Avenue
Sewer Extension Bid Award. Jacobs Civil is currently under a two -year contract to provide CM services. This fee is
within the overall project budget. Unanimous approval to forward to Committee of the Whole.
Old Business
Mr. Giberson indicated that a $5 million grant was received from the State Transportation Improvement Board for the
Klickitat Project. Mr. Haggerton asked about funding for the entire project. Mr. Giberson reported that all funding for the
project has been secured except for the proposed $5 million LID. In early 2007, council will receive an overview of the
LID process. This is a 12 -18 month process and staff has been working on it for 6 -7 months thus far. Ms. Linder recalled
that construction was to begin in 2008. Mr. Giberson also related that the city received the permit from Dept. of Fisheries
so work can begin to cut the trees down on the levee. In view of the recent crane accident in Bellevue, Mr. Haggerton
asked about the safety of construction projects within Tukwila and there were no issues.
Adjournment: 5:30 p.m.
\ij G.i oi,
j Committee Chair Approval
Minutes by DJ. Reviewed by GL.
CO UNCIL AGENDA SiwoPsis
tt ry
N i� I Meeting Da te Prepared by .11 11 fayor review ouncil review
�0
fi' 11/27 ITEM No.
BG 1
r
12/ 0 4 /06 -,c-�-
1 1 1
ITEM INFORMATION
CAS NUMBER: 06-143 I ORIGINAL AGENDA DATE: NOVEMBER 27, 2006
AGENDA ITEM TITLE Fort Dent Park /Interurban Avenue Sewer Extension
Construction Management Services Supplement No. 1. with Jacobs Civil Inc.
CA r'LGORY Discussion Motion Resolution 111 Ordinance Bid Award Public Hearing 111 Other
Mtg Date 11/27/06 Mtg Date 12 /04/06 Mtg Date Mtg Date Mtg Date bits Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PW 1
SPONSOR'S Construction Management Services have been negotiated with )acobs Civil, Inc. for the Fort
SUMMARY Dent Park /Interurban Avenue Sewer Extension Project in the amount of $97,897.58. The
scope of work includes a full -time on -site construction inspector, construction survey control
and spot checking, part -time project management and contract administration.
REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
BY Utilities Cmte 111 Arts Comm. Parks Comm. Planning Comm.
DA1±: 11/20/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplement with Jacobs Civil.
CON Irl rrE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$97,897.58 $130,000.00 $0.00
Fund Source: 301 Parks Recreation (page 12, 2007 Proposed CIP)
Comments.
MTG. DATE I RECORD OF COUNCIL ACTION
11/27/06 1 Meeting Canceled
I 1 I
12/4/06 1
MTG. DATE I ATTACHMENTS
-1-127/06- 1 Information Memo dated November 15, 2006
12/04/06 1 Supplement No. 1 with Jacobs Civil, Inc.
Utilities Committee Meeting Minutes from November 20, 2006
1
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: November 15, 2006
Subject: Fort Dent Park/Interurban Avenue Sewer Extension
Project No. 04 -SW02
Construction Management Services
ISSUE
Supplemental Agreement No. 1 has been negotiated with Jacobs Civil, Inc., for construction
management (CM) services on the subject project for the not to exceed amount of $97,897.58.
BACKGROUND
Concurrently, the construction contract bid award to R. L. Alia Company is moving forward
in the amount of $634,304.00. Jacobs Civil, Inc., is currently under a blanket two -year
contract for CM services where supplements to the contract will be necessary when specific
projects are to be assigned and fees negotiated. The supplements with the scope and fees will
require Council approval when over $25,000.
ANALYSIS
A contract supplement for CM services has been negotiated for a fixed fee not to exceed
$97,897.58. The scope of work includes a full -time on -site construction inspector,
construction survey control and spot checking, part-time project management and contract
administration. This fee is reasonable and within the overall project budget.
RECOMMENDATION
Authorize the Mayor to sign Supplemental Agreement No. 1 (City funded) to Contract No.
06 -061 with Jacobs Civil, Inc., in the not to exceed amount of $97,897.58.
attachments: Supplemental Agreement No. 1 with Exhibits A and B
(P.Pmjecs\A- SW Pmjects103SWO2 FD N Sewer EctU cobs Civil CM Supplem<miln(o Memo Jacobs Sapp Agrm[ 1)
SUPPLEMENTAL AGREEMENT NO. 1
TO
CONSULTANT AGREEMENT NO. 06-061
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, hereinafter referred to as "the City," and Jacobs Civil, Inc., hereinafter referred to as
"the Consultant," in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
The City desires to supplement the agreement entered into with the Consultant and executed on,
May 26, 2006, and identified as Agreement No. 06 -061. All provisions in the basic agreement
remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
1. Scope of Services, is hereby changed to include reimbursement for costs associated with
Construction Management for the Fort Dent Park Interurban Avenue Sewer Extension
project per attached Exhibit A.
2. Payment, shall be amended as follows: The amount paid to the Consultant for work
under this Supplement No. 1 shall be computed as set forth in Exhibit B, attached hereto
and made part of this Supplement.
3. Time for Performance, shall be amended as follows: The Time for Performance for
work under this Supplement No. 1 shall not exceed December 31, 2007.
Payment for the work provided by the Consultant as part of this supplement shall be
made and the total amount of payment to the Consultant for this work shall not exceed
$97,897.58 without express written modification of the Agreement signed by the City.
The maximum amount payable under this agreement as supplemented inclusive of all
fees and other costs is now $97,897.58.
DATED this day of 20
CITY OF TUKWILA CONSULTANT
By:
Steven M. Mullet, Mayor
Printed Name: Gary Van Wieringen
Title: Manager, Seattle Onerations
Exhibit A
Scope of Services
Fort Dent Park Interurban Avenue Sewer Extension
City Project No. 04 -SW02
11/07/2006
City of Tukwila
Construction Services
1. INTRODUCTION
This work will provide construction services for the construction contract to
inspect the Fort Dent Park Interurban Avenue Sewer Extension project.
The Fort Dent Park Interurban Avenue Sewer Extension is to upgrade the
sewer system and provide adequate sewage to residents and business owners
within the community. The project is to be completed within 120 calendar days.
The project includes 2100 lineal feet of 8 -inch sanitary sewer in Interurban
Avenue, running northwest from Fort Dent Way; and 700 lineal feet of 4 -inch
force main sanitary sewer in the center of the cul -de -sac at Fort Dent Way,
running southwest to Interurban Avenue. All lines are run at shallow depths and
the soil is Newberg Silt Loam, which should adequately support the manholes
and 8 -inch sewer line.
The construction services for this project will include project management,
inspection, as required during the construction of the project, as detailed below:
2. ASSUMPTIONS
The Consultant will perform the following scope of construction services on the
Fort Dent Park Interurban Avenue Sewer Extension. The scope of services and
associated cost of services (Exhibit B) are based upon the assumptions outlined
below:
The accompanying budget for the services detailed below is based on the
services of one full -time Inspector /PM during a 120 calendar day
construction contract based on 8 -hour days. An increase or decrease in
the number of working days or hours affects the time the Inspector will be
required to work on the project.
Mileage: the accompanying budget for mileage will assume daily trips for
the Inspector and weekly visits for the CM for meetings and job site visits.
No project office is anticipated. The City will provide use of copy
machines and general needs to the Inspector /PM.
The Contractor will add Jacobs as additional insured during the course of
construction in event of theft, vandalism, or other incident(s), including
third party liability.
The City will have a separate agreement with the design team for
consultation regarding design changes and conflicts, which may affect
system performance.
3. DETAILED SCOPE OF WORK
Task 1 Project Management
Provide overall project management, coordination with the City. This effort will
include the following elements:
1.1 Organize and layout work for project staff. Prepare project contract
administration procedures to be used during construction.
1.2 Review monthly expenditures, prepare invoice and submit project
progress letter to City.
Task 2 Construction Survey
2.1 Visually check to estimate the location of the new sewer is
approximately where shown on the plans.
Task 3 Preconstruction Services
3.1 Preconstruction Conference. Attend with PM, Inspector and
Construction Administrator.
Task 4 Construction Services Field
4.1 Provide the services of one full -time Inspector /PM on the project
site who will observe the technical conduct of the construction,
including providing day -to -day contact with the Contractor and the
City. By providing such assistance, the Consultant shall assume no
responsibility for proper construction techniques and job site safety.
The presence of the Consultant's personnel at the construction site
is for the purpose of providing to the City a greater degree of
confidence that the completed work will conform generally to the
Contract Documents and that the integrity of the design concept as
reflected in the Contract Documents has been implemented and
preserved by the construction contractor(s). The Consultant's
personnel shall act in accordance with Section 1 -05.1 and 1 -05.2 of
the current WSDOT Standard Specifications. The Consultant will
endeavor to protect all parties against defects and deficiencies in
the work of the Contractor(s), but cannot guarantee the
Contractors' performance and shall not be responsible for
construction means, methods, techniques, sequences of
procedures, or for safety precautions and programs in connection
with the work performed by the construction contractor(s) and any
subcontractors. Inspection time is based upon an 8 -hour work day.
4.2 Prepare daily construction reports, detailing the contractor's
operations performed for each day the Consultant is on site; log
equipment and staff used, and other items.
4.3 Decide questions, which may arise as to the quality and
acceptability of material furnished, work performed, and rate of
progress of work performed by the Contractor.
4.4 Prepare field as -built red -lined drawings during construction.
Upon completion of construction, submit to the City of Tukwila.
4.5 Provide periodic photographs during the course of construction.
Photographs to be labeled with date taken and subject matter.
4.6 Upon substantial completion of work, coordinate with the City and
perform a project inspection and develop a comprehensive `punch
list' of items to be completed. This will be issued with the
Certificate of Substantial Completion, which will be issued by the
Consultant. Punch list follow -up will be performed by the
Consultant until all items are complete and accepted.
4.7 Coordinate materials testing subconsultants for construction
services. Materials testing services are to be provided by the
Contractor.
Task 5 Construction Services Office
5.1 Day to day project management. Project status update with City
on a weekly basis to discuss project issues and status.
5.2 Plan interpretations and change orders. Provide technical
interpretations of the drawings, specifications, and contract
documents, and evaluate deviations from the approved design or
specifications.
5.3 Record drawings. Review contractor prepared record drawings.
Task 6 Additional Services
The services described under this task, and any other additional services
requested by the (owner), will be performed only when authorized by the City.
Authorization to perform additional services will be in the form of an addendum to
this agreement, specifying the work to be performed, and basis of payment.
6.1 Provide contract administration, materials testing and other
services.
Deliverables
i. Daily Reports on a weekly basis
ii. Weekly meeting minutes
iii. As -built red -lined drawings upon completion of construction.
General Notes
It is further understood and agreed that because Consultant did not
prepare the Contract Documents for the project, Client waives all claims
against Consultant arising from or in any way connected with errors,
omissions, conflicts or ambiguities in the Contract Documents prepared by
others. In addition, Client agrees, to the fullest extent permitted by law, to
indemnify and hold Consultant harmless from any damage, liability or cost,
includin g reasonable attorneys' fees and defense costs, arising from any
errors or omissions contained in the plans, specifications or other Contract
Documents prepared by others, except for the negligence or willful
misconduct of the Consultant.
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Utilities ommittee
November 2006 5:00 p.m.
Present: Jim Haggerton, Chair; Pam Linder and Verna Griffin, Council members.
Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Mike Cusick, Senior Engineer; Gail
Labanara, Public Works Analyst; Diane Jenkins, Administrative Assistant to the Council; Chuck Parrish,
Community Member; and Vic Peterson and Dan Walla, AboveNet Communications.
Business Agenda
A. AboveNet Communications. Inc. Franchise Agreement
AboveNet currently has a fiber optic system in Tukwila. Previously, the City had granted a three -year franchise
agreement to Metromedia Fiber Network Service who went bankrupt; they filed a Chapter 11 and changed its name to
AboveNet. AboveNet has submitted a permit to construct a new connection to the existing route along TIB. The
connection will serve a business located in the Sabey Data Center. Mr. Iriarte reviewed the route. He pointed out that
this packet was prepared well within the State regulations of 120 days. Ms. Linder asked if this would use directional
bore. Mr. Iriarte indicated that it would which will cause minimal impact to traffic. Unanimous approval to
forward to Committee of the Whole.
B. T- Mobile West Cornoration Franchise Aereement
On October 15, 2003, T- Mobile, through its subsidiary VoiceStream Corporation, was granted a franchise agreement
which expired on October 15, 2006. T- Mobile West Corporation is requesting a franchise renewal to install,
maintain, and operate wireless facilities within the City's right -of -way. There is no proposal for any new cell towers
or antenna systems. Mr. Haggerton asked if there was a time limit for when an additional $5,000 administrative fee is
paid. Mr. Iriarte noted that the fee is valid during the three year franchise period. Unanimous approval to forward
to Committee of the Whole.
C. Fort Dent Park/Interurban Avenue Sewer Extension Bid Award
Mr. Iriarte reported that the City would like to award a bid in the amount of $634,304 for the Fort Dent
Park/Interurban Avenue Sewer Extension. The completion of the Starfire Sports Complex at Fort Dent caused the
existing sanitary sewer to run over capacity during peak use of the park. The City contracted with ADS
Environmental Services to monitor sewage flows. During the All Nations Cup, the capacity at Lift Station #6 was
exceeded 10 times during the opening weekend. The contract documents were completed in summer of 2006. The
engineer's estimate was $760,381.44; the base bid submitted by R. L. Alia Company was $634,304. This company is
currently doing the work for the Allentown/Foster Point Water and Sewer project; the work on that project is
satisfactory. Mr. Cusick noted that the Family Fun Center will now be serviced by Lift Station #5, and this will free
up some extra capacity for any development. Unanimous approval to forward to Committee of the Whole.
D. Fort Dent/Interurban Avenue Sewer Extension Construction Management Services
Mr. Giberson indicated that an amount of $97,897.58 had been negotiated with Jacobs Civil to provide construction
management (CM) services 011 the proposed bid award with R. L. Alia for the Fort Dent Park/Interurban Avenue
Sewer Extension Bid Award. Jacobs Civil is currently under a two -year contract to provide CM services. This fee is
within the overall project budget. Unanimous approval to forward to Committee of the Whole.
Old Business
Mr. Giberson indicated that a $5 million grant was received from the State Transportation Improvement Board for the
Klickitat Project. Mr. Haggerton asked about funding for the entire project. Mr. Giberson reported that all funding for the
project has been secured except for the proposed $5 million LID. In early 2007, council will receive an overview of the
LID process. This is a 12 -18 month process and staff has been working on it for 6 -7 months thus far. Ms. Linder recalled
that construction was to begin in 2008. Mr. Giberson also related that the city received the permit from Dept. of Fisheries
so work can begin to cut the.trees down on the levee. In view of the recent crane accident in Bellevue, Mr. Haggerton
asked about the safety of construction projects within Tukwila and there were no issues.
Adjournment: 5:30 p.m.
"cr\ )Vf4v,..1 i
Committee Chair Approval
Minutes by DJ. Reviewed by GL.
Tentative Agenda Schedule
MONTH EETING 1- MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
December 4 11 18 25
25t11
Christmas Day See agenda packet
SPECIAL MEETING City offices closed
(City offices closed) cover sheet fon,this
week's agenda
(December 4, 2006 Unfinished Business:
Special Committee of An ordinance
the Whole meeting), regarding the
to be immediately
and
followed by a enforcement of the
Special Meeting. State Electrical Code
within Tukwila
New Business:
Proposed
Interurban Court
project.
Proposed 2007
legislative items.
January 2 (Tuesday) 8 16 (Tuesday) 22
1 st
New Years Day
(City offices closed)
15t COMMI l l'hE OF THE
M.L. King, Jr. Day WHOLE MEETING TO
(City offices closed) BE FOLLOWED BY A
29th SPECIAL MEETING
Fifth Monday of the
month no Council
meeting scheduled
February 5 12 20 (Tuesday) 26
19tH
Presidents' Day
(City offices closed)
Upcoming Meetings Events
DECEMBER 2006
4th (Monday) 5th (Tuesday) J 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday)
>Finance Chamber of Sister City Cmte, Equity Human Services
Safety Cmte, Commerce Gov't. 5:30 PM Diversity Providers,
5:00 PM Community (CR #3) Commission 11 :30 AM
(CR #3) Affairs Cmte., NO REGULARLY- (Community
12:00 NOON SCHEDULED Center)
City Council (Chamber Office) Walk and Roll Fair MEETING IN
6:30 to 8:00 Pmt
Special (The Commons at DECEMBER.
Committee of Arts Commission, Showalter Middle
the Whole Mtg., No REGULARLY- School)
7:00 PM SCHEDULED
(Council t'
MEETINGIN s a a Court
Chambers) DECEMBER.
[TO BE
IMMEDIATELY Utilities Cmte, CO s ':7 s
FOLLOWED BY
A SPECIAL 5:00 PM
MEETING, (CR #1) First public meeting
related to the City's
(including a Walk and Roll Plan
Public Hearing (improvements for
on the Proposed wallcing and
2007 Budget bicycling)
and 2007 -2012
CIF.]
-11th (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday)
>Transportation Community Planning Chipper
Cmte, Affairs Parks Commission, Day
5:00 PM Cmte, 7:00 Pm 10:00 AM to
(CR #I) 5: 00 PM (Council
(CR #3) Chambers) 1:00 PM
Civil Service t.
Commission, Highway 99 rap➢
5:00 PM Action Cmte,
(CR #3) 7:00 PM
(Community
City Council Center)
Special Mtg.,
7:00 PM
(Council
Chambers)
>Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206 -575 -1633.
Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 Am to 1:00 PM, Foster HS main parking lot.
Dispose of prunings and plant materials from the Ionghomed beetle quarantine area. Drive your truckload of materials to the lot and
help will be provided to unload, chip, and dispose of materials free of charge. Be sure to bring ID with quarantine area address.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844.
Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #3.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Marja Murray (206 -433- 7175).
Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room #5. Contact Marja Murray at 206- 433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Evie Boykan or Stacy Hansen at 206 -433 -7180.
Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Contact Diane Jenkins at 206 -433 -1834.
Finance Safety Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #3. Agenda items for 12/4/06 meeting: (A) Work crew
alternative concept and proposal. (B) Year -end budget documents: (1) Ordinance amending the 2006 Budget. (2) Ordinance
adopting the 2007 Budget. (3) Resolution approving the 2007 -2012 Financial Planning Model and Capital Improvement Program
>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave ffay nes at 206 -433 -1812.
>Human Services Advisory Brd: 2nd Fri. of even months, 10:00 Am I, Human Services Office. Contact Evie Boykan at 206- 433 -7180.
Human Services Providers: Quarterly, 11:30 AM, TCC (2006 3/17, 6/16, 9/15, and 12 /8). Contact Stacy Hansen at 206 -433 -7181.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343
>Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertrman at 206- 575 -2489.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Kimberly Matej at 206 -767 -2342.
Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7 :00 Pmt,
Council Chambers at City Hall. Contact Wynetta Bivens at 206 431 -3670.
Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206- 433 -1844.
>Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #1.
>Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #1. Agenda items for 12/5/06 meeting: (A) Solid waste contract
proposal. (B) 2007 annual neighborhood drainage program consultant recommendation. (C) Private storm system adoption and
rehabilitation program consultant recommendation.
Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).