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HomeMy WebLinkAboutCOW 2006-11-27 COMPLETE AGENDA PACKET J►.�wq.., Tukwila City Council Agenda o r: s •COMMITTEE OF THE WHOLE Y 4 o Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez (0 vim Rhonda Be rry, City Administrator Pam Carter Jim Haggerton 1908 Dennis Robertson, Council President Pamela Linder Verna Griffin Monday, November 27, 2006; 7 :00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda (please limit your comments to, five minutes). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL ISSUES a. Vacant Structures Ordinance. Pg.3 b. Tukwila's pedestrian and bicycle systems. Pg.19 c. Above Net Communications Franchise Agreement. Pg.23 d. T- Mobile West Corporation Franchise Agreement. Pg.37 e. Fort Dent Park /Interurban Ave. Sewer Extension Bid Award. Pg.49 f. Fort Dent Park /Interurban Ave. Sewer Extension Construction Pg.55 Management Services. g. Discussion of Council iniated changes to the 2007 Proposed Pg.65 Budget and CIP. 4. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. w Go UNGIL AGENDA SY1VOPSIS 4 Initials .ITEMNO. V E 9 A'eeting Date Prepateay N Ma }•or's review until cevieiv 4 E o 1 11/27/06 )CT III 1 rsoa 1 1 I 1 1 I 3, Ok ITEM INFORMATION 1 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 Date11 -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 PW SPONSOR'S The International Property Maintenance Code requires that vacant structures be SUMiiIARY 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 emeraencv responders. REVIEWED BY COW Mtg. 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 EXPENDI'T'URE 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 properly- MTG. DATE RECORD OF COUNCIL ACTION 11/27/06 MTG. DATE ATTACHMENTS 11/27/06 Information Memo from Steve Lancaster, dated November 27, 2006 Draft Ordinance CAP Minutes dated 8/15/06 and 10/24/06 vJ kLA, Gity of Tukwila 10: Steven M. Mullet, Mayor Q E rf4,/ ■9W f or Department of Community Development t p f Steve Lancaster Director 1908 TO: Tukwila City Council Committee of the Whole FROM: Steve Lancaster, Director Dept. of Community Development L 5 19-)- 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 inspebt 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 STRUCTURE HAS BEEN VACANT 2 -3 YEARS, WINDOWS COVERED WITH PAINTED PLYWOOD, HOUSE IS SECURE BUT UNSIGHTLY. ROOF IN VERY BAD CONDITION. VACANT FOR 10+ YEARS, SUBJECT OF TRESPASS, DUMPING, GRAFFITI VACANT HOME, BOARDED UP WITH PLYWOOD, SUBJECT OF ILLEGAL TRESPASS VACANT HOME BOARDED WITH PLYWOOD - USED AS CAR STORAGE GARAGE PERMIT EXPIRED WITHOUT COMPLETION OF WORK. UNFINISHED BLDG. IS EYESORE AND SAFETY RISK. DRAFT 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; AMENDING ORDINANCE NO. 2057 §1, AS CODIFIED AT TMC 8.28.020, ADOPTING CHANGES TO THE INTERNATIONAL PROPERTY CODE, ESTABLISHING ADDITIONAL SPECIFIC 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, land 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: Ordinance No. 2057, as codified at TMC 8.28.020, is hereby amended, adding regulations for vacant structures, to read as follows: 8.28.020 International Property Maintenance Code Adopted. A. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the 2003 edition of the International Property Maintenance Code "IPMC as published by C:\Documents and SettingslAll Users\Desktop \\Kelly vISDATA:Ordinance_s\Vacant Structures.doc JT :ksn 11/20/2006 Page 1 of 5 the International Code Council and as amended in subsection (B) below, to be the Property Maintenance Code of the City of Tukwila. Three copies of the adopted IPMC are on file in the office of the City Clerk of the City of Tukwila, and have been marked and designated as such. B. The City of Tukwila hereby adopts the following changes to the IPMC as adopted in TMC 8.28.020A: 1. IPMC Section 101.1 shall reflect that the name of the jurisdiction is the City of Tukwila. 2. The last sentence of IPMC Section 102.3 (Application of other codes) is hereby deleted in its entirety. IPMC Section 102.3 shall now read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Existing Building Code. 3. IPMC Section 103.5 (Fees) is hereby repealed in its entirety. 4. IPMC Section 111 (Means of Appeal) is hereby repealed in its entirety. Any person directly affected by a decision of the code official or a notice or order or a civil citation issued under this code or Tukwila Municipal Code Chapter 8.45 shall have the right to appeal to the City Hearing Examiner or the municipal court as set forth in TMC Chapter 8.45. In addition to, or in lieu of, any other state or Local provisions for the recovery of costs or penalties incurred or assessed under TMC Chapter 8.45, the City Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer an assessment amount equal to the costs of abatement, removal, or repair of the property and/ or any associated penalties and collections to the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020. 5. The following definitions shall be added to IPMC Section 202 (Definitions) as follows: "Department of Property Maintenance" is deemed to refer to "Code EnforcementDivision." "Code Official" is deemed to refer to "Building Official." The remainder of IPMC Section 202 shall remain in effect as currently adopted. 6. The first sentence of IPMC Section 302.4 (Weeds) is hereby amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of 24 inches. The remainder of IPMC Section 302.4 shall remain in effect as currently adopted. 7. The first sentence of IPMC Section 303.2 (Enclosures) is hereby amended to read as follows: Private swimming pools, hot tubs and spas, containing water more than 24 inches (610mm) in depth shall be completely surrounded by a fence or barrier at least 60 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. The remainder of IPIvIC Section 303.2 shall remain in effect as currently adopted. 8. References to "ICC Electrical Code," "International Plumbing Code" and "International Zoning Code," that appear in the index of Chapter 8 (Referenced Standards) shall be deleted. C:\Documents and SettingsA1I lisers\Desktop\Kell) _MSDATA\Ordinances\Vacant Structures.doc JT:ksn 11/20/2006 Page 2 of 9. The first sentence of IPMC Section 304.14 (Insect screens) is hereby amended to read as follows: During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any other areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 24 mm) and every swinging door shall have a self closing device in good working condition. The remainder of IPMC Section 304.14 shall remain in effect as currently adopted. 10. The first sentence of IPMC Section 602.3 (Heat supply) is hereby amended to read as follows: Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from January 1 to December 31 to maintain a temperature of not less that 68° (20 °C) in all habitable rooms, bathrooms, and toilet rooms. The remainder of IPMC Section 602.3 shall remain in effect as currently adopted. 11. The first sentence of IPMC Section 602.4 (Occupiable work spaces) is hereby amended to read as follows: Indoor occupiable work spaces shall be supplied with heat during the period from January 1 to December 31 to maintain a temperature of not less than 65 °F (18 °C) during the period the spaces are occupied. C. The City of Tukwila hereby adopts the following changes to the Vacant Structures section of the IPMC as adopted in subsection (A) above: 3.01.3.1 "Vacant Building" Defined 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: Unoccupied and unsecured; 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; Unoccupied and secured by boarding or other similar means; Unoccupied and a dangerous structure; Unoccupied and condemned by the Building Official; Unoccupied and has multiple Code violations; Unoccupied, and the building or its premises has been the site of alleged unlawful activity within the previous 12 months; 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 Unoccupied for over two years. C :\Documents and Settines\All Users\Desktop \KellyNISDATA \Ordinances \Vacant Structures.doc JT:ksn 11/22/2006 Page 3 of 3 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 vacant building. 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. The requirements of the above 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: Extended use of non architectural panels (Architectural panels may be used to secure windows and doors, provided they are cut to fit the opening and match the characteristics of the building. They may be of exterior -grade finished plywood or medium density overlaid plywood that is painted to match the building exterior or covered with a reflective material such as plexiglass.); Extended use of temporary security fencing; Extended time before the demolition of a building is required; or 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. 3.01.3.2 Appearance. Vacant buildings shall, in the opihion of the Code Official, appear to be occupied, or appear able to be occupied with little or no repairs. 3.01.3.3 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. 3.01.3.4 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. C:\Documents and Settings\All Users' Desktop\ Kell ytNISDATA'•.Ordinances Structures.doc JT:ksn 11/20/2006 Page 4 of 3.01.3.5 Weather Protection. The exterior roofing and siding shall be maintained as required in Section 304 of the International Property Maintenance Code. 301.3.6 Fire Safety. A. Fire protection systems. All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the Fire Department. B. 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. C. 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. D. Fire inspections. Periodic fire inspections may be required at intervals set forth by the fire chief or his designee. 301.3.7 Termination of Utilities. A. 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. B. 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. 301.5 Abatement. As determined by the Code Official, a vacant building is declared to be a public nuisance. 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 Iaw. (IPMC 108.2) 301.6 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 Regular 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 Settines'All Users \Desktop: Kelly \MSDATA \Ordinances:Vacant Structures.doc JT:ksn 11/22/2006 Page 5 of 5 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 Toad. 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. Duffle noted that this 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: ti1 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 would be a covered sidewalk in Westfield'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. Plannine Commission ne.38 Mr. Lancaster noted that the budget is similar to last year's budget. DCD Dent. riff. 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 n2. -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 Siwois Initials /TEMNO. C: 19 Meeting Date Prepared by Mayor's review 1, ottncil review .�s t 11/27/06 1 WB (1 AJ,?,E I I I s.. T968 I I ITEiV 1 INFORMATION CAS NUMBER: 06-139 1 ORIGINAL AGENDA DATE: 11/27/06 AGENDA ITEM TITLE Tukwila's Pedestrian and Bicycle System CATEGORY Discussion Motion Kesolution Ordinance Bid Award Public Hearing Other Mtg Date 11/27/06 Mtg Date Mg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S The City entered into a contract with the Washington State Department of Community, SUMMARY Trade, and Economic Development (CTED) for a city -wide pedestrian and bicycle plan. As part of the requirements of the contract, the City has developed a "Walk and Roll Fair" to generate interest in walking and biking. This is a grant- funded program with no cost to the City. No council action is requred. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/13/06 RECOMMENDATIONS: SPONSOR /ADMIN. DCD COMMITTEE COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1 MTG. DATE ATTACHMENTS 11/27/06 Info memo from S. Lancaster dated November 8, 2006. 1 1 I Attachment III.A. INFORMATION MEMO To: Mayor Mullet t� From: Steve Lancaster, Community Development Director Date: November 8, 2006 Subject: Tukwila's Pedestrian Bicycle System BACKGROUND On December 1, 2005, the City of Tukwila entered into a contract with the Washington State Department of Community, Trade, and Economic Development (CTED) for completion of a City -wide pedestrian and bicycle plan. The City Council reviewed and approved the grant application on September 26, 2005. ISSUE The primary requirement of the contract between the City of Tukwila and CTED is to complete a City -wide pedestrian and bicycle plan, including a set of policies and a prioritized list of capital improvement projects and quantitative and qualitative performance measures for walking and bicycle trips. Under this contract, the City will do the following: 1. Solicit feedback from the residents and employees on policies, facility locations and designs, and priorities for projects. 2. Inventory existing conditions, including sidewalks, bike lanes, trails, and major routes of pedestrian and bike travel. The inventory will describe not only the amount of facilities, such as sidewalks, trails and bike lanes but also provide some form of qualitative /performance rating. 3. Develop a plan made up of: a. Policies and strategies that mesh with those in Tukwila's Comprehensive Plan; b. conceptual models for a variety of facility /project types; and c. projects that are prioritized and can be matched to funding sources at the local, county, and regional levels. 1 Mayor Mullet Page 2 November 8, 2006 First Steps A Walk and Roll Fair is organized as part of item #1 above and share the information gathered from item #2. The goal of the fair is to generate interest in walking and biking as well as to gather information from residents and employees within the City. Existing condition information will also be shared with attendees. The event will be held at Showalter Middle School on Wednesday, December 6, 2006, from 6:30 -8:00 p.m. A page on the City's website'(www.ci.tukwila.wa.us) has been created and a survey is posted to gather information and collect a data base of interested citizens who would like to be involved in pedestrian and bicycle planning. RECOMMENDATION Report to Committee of the Whole for information only, no other action is required at this time. cc: Public Works Director Parks and Recreation Director (P.ilia1TC 111306 Ped Bicycle System) 2 COUNCIL AGENDA S1'NoPsI \14ILA, yy9s k f *IP .y Initials ITEM No. J 1 i ro 1 illeeting Date I Prepared by 1 Mayor's review 1 /C2,uncil review ns' 01 t o 1 11/27/06 1 FI I I I 12/4/06 1 IAA 1 rsoa I I, I C ITEM INFORMATION CAS NUMBER: 06-140 I ORIGINAL AGENDA DA 1E: NOVEMBER 27, 2006 AGENDA ITEM TITLE AboveNet Communications Inc. Franchise Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11127/ 05 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 PW/ 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 Intl 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. DATE: 11/20/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinance granting franchise. COMMITTEE 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 1 1 12/4/06 1 MTG. DATE ATTACHMENTS 11/27/06 Information Memo dated November 15, 2006 Ordinance with Exhibits Utilities Committee Meeting Minutes from November 20, 2006 1 12/4/06 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 133r 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. 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:alxxIAbo .Na Utiliva Commit= Info Macro) Ci ty o f Tu kwil a 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 or under 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 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, 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. CONSTRUCTION STANDARDS. 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 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. L 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. AboveNet 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 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 agreement.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 7"' 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 time, 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 suit 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 agreementdoc 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, the City may, at its sole option, 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 City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects 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.: AboveNet franchise agreement.doc Page 5 of 5 EXHIBIT A AboveNet route descriptions within the City of Tukwila (2) 1 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 City limits. Populated with (1) 432ct fiber optic cable (2) 1 %4" 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 %4" 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 1/4" 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 with (1) 432ct fiber optic cable. (8) 1 %2" 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 ct fiber optic cable. Note: There is no cable placed between S 124 St and S 120 St along E Marginal Way S. (8) 1 %2' 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 %2" 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. 1 1 $85 P, AB OV E.114ET a syStern $87 Pt 7 .1. P f ber 84 PI f� ,p N i r'"•-• 1\ 4 5/ 0 St 4 ell St t N et- "122 t` liz.5 N 128 0 I 4 f St 41- 41- 1 137 i39 sok ii N a. Q A S143S r 4 N N' NA S. t N 6 4 Q i s $,44 o r� VI r0 s i, st m' 47 S 4 A 9 S 148{St ;0 3 0 s Rl `4 �f... S 152 $t 1 u�¢e 0 1 n f'�21"4 a S 1 St A 7r 1 0 f $153 St 1 l bi t‘ 17A: r t u l i i 56 St u 1 f s 8 tl 1y{ Lea ti L a Cl f r I f Str and I B 1 LLL��� 1 ..,01/ 1 a a l t` t b b ea;_ o CorPotate Or y v s o mY s corPo r a te� Gt r j R er 6 t 1.4 a wand Or r I rtand Or ,:,ostco; 1 S 'Wand Dr S17°5,1 .`t SiSm 1 S 180 St 4 V i al 80 r o Q Q y e 'a 0 t.. ge ed L J LJ1 TVII o d B rp� z� e ABpvENET Fiber 'I 7 �i ber e; ryovem alt wt. pate: L ca m e j B EXhibi Amil �s EXHIBIT 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 ZP G_ 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 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. I. 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. 1 Olofi A's, Committee Chair Approval Minutes by DJ. Reviewed by GL. COUNCIL AGENDA SYNOPSIS Initials ITEM NO. of Q s Meeting Date Prepared by May'or's review (�ounci /review �k r= 11/2 7/06 I FI I� r 1 12/4/06 1 1 Q WC' 1 3 O, ITEM INFORMATION CAS NUMBER: 06-141 IORIGINALAGENDADATE: NOVEMBER 27, 2006 AGENDA ITEM TITLE T- Mobile West Corporation Franchise Agreement CATEGORY Discussion Motion IIesolution 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 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. DA 12E: 11/20/06 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinance granting franchise. COIF vUF1'EE 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 1 12/4/06 1 MTG. DATE ATTACHMENTS 11/27/06 Information Memo dated November 16, 2006 Ordinance with Exhibits Utilities Committee Meeting Minutes from November 20, 2006 12/4/06 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Directors 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 51st 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:atice \T- Mobile UdGua Commit= Info Memo) 0 3 ;2 N.. Y� 21, City of Tukwila 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 -of -way 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 Franchise Granted. A. The City hereby grants to T- Mobile, subject to the conditions prescribed in this ordinance "Franchise Agreement"j, 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- Mobile franchise agreement.doc 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 INSTAALAT!ON 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 closeout 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. T- Mobile franchise agreement.doc Page 2 of 5 e 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 saki threat or, at the City's disc{etion, 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 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 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- Mobile franchise agreement.doc Page 3 of S 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. T-Mobile franchise agreement. doe 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 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 law. 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, Regulatigns, 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 t6 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 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.: T- Mobile franchise agreement. doc Page 5 of 5 EXHIBIT A FRANCHISE AGREEMENT T- MOBILE WEST CORPORATION Project Description: 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. EXHIBIT B 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 Utilitie ommittee sZ 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. i B. T- Mobile West Cornoration 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. l 6 ,1 1 4,,4 Commi Chair Approval Minutes by DJ. Reviewed by GL. w` COUNCIL AGENDA Siiwosis 7 4 s y ----Initials ITEM NO. i2 1 A S I AVIeetinz Date 1 Prepared by, Mayor's review ounc <I s t 11 27 06 1 BG ,IF 12/04/06 I(,), 1V, nos I 1E3 e, I i i i I ITEM INFORMATION I CAS NUMBER: 06-142 I ORIGliNAL AGENDA DA 1 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 Other Mtg Date 11/27/06 Mtg Date Mtg Date Mtg Date Mtg Date 12 /04/06 Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTY/ 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. DATE: 11/20/06 RECOMMENDATIONS: SPONSOR /ADMIN. Award contract to the lowest bidder, R.L. Alia. COMMITTEE 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 1 RECORD OF COUNCIL ACTION I 11/27/06 1 1 12/4/06 I 1 MTG. DATE I ATTACHMENTS 11/27/06 I Information Memo dated November 6, 2006 Bid Tabulation Utilities Committee Meeting Minutes from November 20, 2006 12/4/06 I 1 INFORMATION MEMO To: Mayor Mullet From: Public Works Director Date: November 6, 2006 U Subject: Fort Dent Park/Interurban Avenue Sewer Extension Project No. 04-SWO2 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 $634,304.00. attachment: Bid Tabulation (P.Projects/A -SW Pmjcc stO4SW021iofo m,,o Bid Award to R L Alia) CITY OF TUKWILA Fort Dent Park/Interurban Avenue Sewer Extension Project No. 04 -SW02 BID TABULATION Bid Opening Date: 11/3/06 Bid Opening Time: 10:00 a.m. (P:P,oJ«t A - SW ProJ ct \04$WO2\ed Tobmmbn) Gary Merlino Construction Engineer's Estimate R. L. Alia Company Rodarte Construction, Inc. Wm. Dickson Company ITEM NO. ITEM OR TASK DESCRIPTION QUANTITY NO. UNITS UNIT UNIT PRICE 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 5,000.00 $663,880.00 20,000.00 10,000.00 5,000.00 $698,880.00 61,501.44 $760,38114 558,000.00 10,000.00 10,000.00 5,000.00 $558,000.00 10,000.00 10,000.00 5,000.00 $583,000.00 51,304.00 $634,304.00 791550.00 1.00 10,000.00 5,000.00 $791550.00 1.00 10,000.00 5,000.00 $806,551.00 70,976.49 $877,527.49 883,121.00 6,350.00 10,000.00 5,000.00 $883,121.00 6,350.00 10,000.00 5,000.00 $904,471.00 79,593.45 $984,064.45 2 Trench Excavation Safety System 1 LS 3 Unforeseen Utility Conflict Resolution FA FA 4 Miscellaneous Work and Restoration $910,685.00 80,140.28 $990,825.28 FA Subtotal Sales Tax 8.8% TOTAL (P:P,oJ«t A - SW ProJ ct \04$WO2\ed Tobmmbn) 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 10,000.00 $885,685.00 10,000.00 10,000.00 1,201,414.00 20,000.00 10,000.00 5,000.00 $1,201414.00 20,000.00 10,000.00 5,000.00 $1,236,414.00 108,804.43 $1,345,218.43 1,525,000.00 $1,525,000.00 2 Trench Excavation Safety System 1 LS 50,000.00 10,000.00 5,000.00 50,000.00 10,000.00 5,000.00 $1590,000.00 139,920.00 $1,729,920.00 3 Unforeseen Utility Conflict Resolution FA 4 Miscellaneous Work and Restoration FA 5,000.00 5,000.00 Subtotal Sales Tax 8.8% TOTAL $910,685.00 80,140.28 $990,825.28 (P:P,oJ«t A - SW ProJ ct \04$WO2\ed Tobmmbn) r Utilities orimittee 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. 1 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. 4( 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 6 Comm Chair Approval Minutes by DJ. Reviewed by GL. COUNCIL AGENDA SYNOPSIS Initials o ITENtNo. Meeting Date Prepared by i Mayor's review I „ounci!review 11/27/06 BG Y -e- I .l j 12/04/06 I 1 1 c0i- 7908 i s ITEM INFORMATION I CAS NUMBER: 06-143 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. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/27/06 Mtg Date 12 /04/06 Mtg Date Mtg Date Mtg Date Mtg Date Mg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S Construction Management Services have been negotiated with Jacobs 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 BY ❑Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I E: 11/20/06 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign the supplement with Jacobs Civil. COMMITTEE 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 RECORD OF COUNCIL ACTION 11/27/06 12/4/06 MTG. DATE ATTACHMENTS 11/27/06 Information Memo dated November 15, 2006 Supplement No. 1 with Jacobs Civil, Inc. Utilities Committee Meeting Minutes from November 20, 2006 12/4/06 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;ProjectsU. SW ProjcarW4SW02 FD IU Sewer El[tUYObs Civil CM Supplc�tullnfo Memo Jacobs Supp Agrmt I) 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 Operations 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. r 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, 9 Y including 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. Project Name: Phase Name: Branch No.: City Project No.: • City of Tukwila Fort Dent Park / Interurban Avenue Sewer Extension 04 -SW02 Prepared by: Date: Checked by: Date: JWF 11/07/06 JMK 11/07/06 Exhibit B Jadene Keame Loren Wagnild r'ta, ='YV WORK CODE TASK T61ALS HOURS/ DIRECT SALARY (3) Constr. Mgr. $62.50 (5) Const Admin $38.15 Inspection 538.00 Project Management (Uttice) 1.3% of Direct 5800.Ud 8 Project Management $500.00 8 0 Construction Services (Field) 70.4% of Direct 527,307.14 706 Construction Inspection $27,307.14 20 686 $0.00 0 Construction Services (Office) 22.8% of Direct 58,829.60 174 -• Construction Management $1,478.90 20 6 Weekly meeting/including precon 55,435.10 54 54 Pay estimates 51,110.40 8 16 Force Account $805.20 8 8 Submittal Processing (Office) 5.5% of Direct 52,144.50 46 Submittals /BFI's 52,144.50 16 30 50.00 T iTALS r, i 934 $38,781 24 + 134 r r ''',53,i5.,00 i • 114 1 $444910 686 ,' $28,05714, 0 1 $Qi00 • , i $0 00 ; $Iy.op. { ,;0 $0.00 0 $000 0 $0.00 0 $0.00 Direct Salary (Office) Overhead © 144.28% Direct Salary (Field) Overhead @ 100.48% 511,474.10 516,554.83 $27,307.14 $27,438.22 REIMBURSABLES SUBCONSULTANTS Per Diem 50.00 Lodging 50.00 Mileage /pers. Vehicle ($0.445/mi) 51,907.14 Travel $0.00 Photos 50.00 Supplies $500.00 Reproduction 50.00 Telephone $300.00 Postage /Delivery $0.00 Other 50.00 Markup for Reimb. = 0% 50.00 Mayes $6,000.00 $0.00 $0.00 $0.00 50.00 $0.00 Subtotal Fee @ 15.00% Outside Reimbursables Subconsultants Internal Rate Pay Items (DSC +OH) $82,774.29 $12,416.14 52,707.14 $0.00 Iota/: 5b,UU0 BUDGET TOTAL = 597,897.58 Total = 52,707.14 Sup 1 Exhibit 0,10 Printed 11/16/2006 Page 1 r Dv 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. I. 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 Starf re 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 Manaeement 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. h c Com mi ttee Chair Approval Minutes by D.T. Reviewed by GL. COUNCIL AGENDA SYNOPSIS tc ----Initials ITEM No. i1 19 iVIeetin Date Prepared by I Mayor's review _Council review 6)t .�a r ro 11/27/06 Diane 1,i5. I �\I. h 1 1 1 7908 3, 9. ITEM INFORMATION CAS NUMBER: 06-144 '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 PI" 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 COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION MTG. -DATE ATTACHMENTS 11/27/06 Memo from D. Robertson dated 11/21/06 MEMORANDUM November 21, 2006 1 TO: Members, Tukwila City Council 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. Tentative Agenda Schedule MONTH ;MEETING1 M EETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. November 6 13 20 27 ZOih See agenda packet Veterans Day cover sheet for this (City offices closed) week's agenda 23^ 24th (November 27, 2006 Thanksgiving, and day Committee of the after Thanksgiving Whole meeting). (City offices closed) December 4 11 18 25 Soecial Presentation: 25th SPECIAL Christmas Recycler of the Year Ctmas Day hris offices closed) award (to be presented to City offices closed (City a local recycler) Unfinished Business: Public Hearing: An ordinance Proposed 2007 Budget regarding the and U administration and enforcement of the Unfinished Business: State Electrical Code Vacant structures within Tukwila ordinance. An ordinance Above Net Commu- establishing nications franchise staggered terms agreement. for Sister Cities T- Mobile West Committee Corporation franchise appointments. agreement. Proposed 2007 Fort Dent Park/ legislative items. Interurban Ave. Sewer New Business: Extension bid award. Proposed Interurban Fort Dent Park/ Court project. Interurban Ave. Sewer Extension construction management services. Discussion of Council initiated changes to the 2007 Proposed Budget and LIP. New Business: An ordinance regarding the adminis- tration and enforce- ment of the State Electrical Code within Tukwila An ordinance establishing staggered terms for Sister Cities Committee appointments. Proposed 2007 legislative items. Upcoming Meetings Events NOVEMBER DECEMBER 2006 27th (Monday) 28th (Tuesday) 29th (Wednesday) 1 30th (Thursday) 1st (Friday) 1 2nd (Saturday) Transportation Community Tukwila Lodging Human Services Breakfast with Crate, Affairs Parks Tax Advisory Advisory Santa 5:00 PM Cmte, Committee Board, (CR 41) 5:00 PM Court 12:00 NOON 10:00 AM 9:00 to 11:00 AM (CR 43) (Doubletree Guest (Human (Community Center) City Council Suites) Services office) Committee of r/ the Whole Mtg., SPECIAL 7:00 PM MEETING (Council of Community Breakfast: S5.00 at Chambers) Affairs Parks the door (limited Committee seating). Photo (meeting jointly with available for an the additional fee. City of SeaTac's Land Use Committee to discuss issues of a 1r mutual concern) 4:40 PM Holiday Craft (SeaTac City Hall, 3rd Floor) Bazaar 9:00 AM 4:00 PM (Community Center) Shop for unique one -of -a -kind gifts! Free admission! 4th (Monday) 5th (Tuesday) 6th- (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) Finance Chamber of Sister City Equity Human Services Safety Cmte, Commerce Gov't. Cmte, Diversity Providers, 5:00 PM Community 5:30 PM Commission 11:30 Am (CR i 3) Affairs Cmte., (CR 43) No REGULARLY- (Community 12:00 NOON SCHEDULED Center) City Council (Chamber Office) Walk and Roll Fair MEETING IN Regular Mtg., 6:30 to 8:00 PM DECEMBER. 7:00 PM Arts Commission, (The Commons at (Council NO REGULARLY- Showalter Middle Chambers) SCHEDULED School) MEETING IN First public Court DECEMBER. meeting related to the City's Walk Utilities Crate, and Roll Plan 5:00 PM (improvements for (CR 41) walking and bicycling) 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. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: lst 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room 43. Contact Bev Willison at 206 433 -1894. Community Affairs Parks Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 43. Agenda items for 11/28106 meeting: (A) Administration and enforcement of the State Electrical Code within Tukwila. (B) An ordinance establishing staggered terms for Sister Cities Committee appointments. (C) Proposed Interurban Court Project. (D) Approval for purchase of non budgeted golf equipment in the amount of S6,000. (E) Proposed 2007 legislative items. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm 45. MYlarja Murray (206- 433 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 45. Contact Marja Murray at 206- 433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room 45. 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 43. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812. >Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, 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 Kertzman 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 PM, Council Chambers at City Hall. Contact l'iynetta Bivensat206 -431 -3670. >Sister City Committee: 1st Wed., 5:30 PM, Conf. Room 43. Contact Bev Willison at 206 433 -1844. Transportation Committee: 2nd 4th Mon., 5:00 PM, Conf Room 41. Agenda items for 11/27/06 meeting: (A) Photo enforcement system. (B) 1 -405 widening project. (C) Tukwila Urban Center Access (Klickitat) update. Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room R1. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).