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HomeMy WebLinkAboutReg 2006-08-21 COMPLETE AGENDA PACKET i ~"f..~l~~_l1'-9. Tukwila City Council Agenda I I ~ ,.......-::..u ......& I I k~~ .:. REGULAR MEETING .:. I Of. ~ I 1 -,i ' ,G) .c(\ i iO Steven M. Mullet, Mnyor Colllzcilnzembers: . Joe Duffie. Joan Hernandez I ~\ "<:, 1 (j).... '.!./ ...~ ,.' /, Rhonda Berry, City Administrator . Pam Carter. Jim Haggerton . ~. ...--.-.. 1908 Dennis Robertson, Council President . Pamela Linder . Verna Griffin EXECUTIVE SESSION -- 6:30-7:00 PM I Pending Litigation; pl/rsl/ant to RCW 42.30.110(I)(i) I Mondm/, Awmst 21, 2006; 7:00 PM · Ord # 2128 . Res #1610 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL a. Oath of offic~ administered to: PRESENTATIONS Officer Brian Jordan, Tulcwila Police DeparbnEl1t. b. Introduction of new employee: Kate Frandsen, Police Records Specialist. I 3. APPOINTMENTS Reappointment of NanC1} Damon to: Pg.3 Position #6 of the ElIlIihl & Diversihl Commission. 4. CITIZEN At this time, you are invited to comment on items not included I COM1'vIENT on this agenda. To comment on an item listed on this agendll, please save your comments until the issue is presented for discussion. I 5. CONSENT a. Approval of minutes: 8/7/06 (Regular). I AGENDA b. Approval of vouchers. I 6. BID AWARD Award a contract to Lakeside Industries in the amount of $723,105 for Pg.7 I I the 2006 Overlav and Repair Program (see 8/14/06 COW) 7 U1\1FINISHED a. An ordinance granting a non-exclusive franchise to AT&T Pg.9 BUSI1'JESS Corporation. b. Authorize the Mayor to initiate a Government Access Channel with Pg.21 Comcast and determine a funding option for payment of capital costs (see 8/14/06 COW). c. Authorize the Mayor to sign Supplemental Agreement #1 with Pg.23 KBA, Inc., not to exceed $114,054 for construction management and inspection services for the 2006 Overlay and Repair Program (see 8/14/06 COW). d. Authorize the transfer of funds to allow construction of the Fort Pg.25 Dent Park Sanitary Sewer System, for a total project cost of $917,500 (see 8/14/06 COW) I 8. NEW BUSINESS I 9 REPORTS a. Mayor c. Staff e. Intergovernmental I b. City Council d. City Attornev I 10. MISCELLANEOUS I 111. EXECUTIVE SESSION I I \12. ADJOURt'JMEI\.1T I I Tukwila City Hall is 'wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice I I I I to the City Oerk's Office 206-433-1800fTDD 206-248-2933. This notice is available at www.cLtukwila.wa.us, and in alternate I I formats ,vith advance notice for those ,vith disabilities. Tukwila Council meetings are audio taped I I COUNCIL AGENDA SYNOPSIS .c................../nilYJs P, ,,,db,- so' .M ITEI;I No. 3, CAS NUMBER; 06-092 1000GINALAGENDADA1E: AUGUST 21,2006 AGENDAI1EMTITIE Reappointment to Equity & Diversity Commission G\1EGORY D Disa/SSU:.n D Mction D Reschaioo DOdimnx o BidA wm o pzdiicHearing !8J Okr MtgD"'" UzgDzze MtgDzze UzgDzze UzgDzze l~ftgD.;;te utgllire8/21/0 SPO~OR OCazmJ. i:8J Map D AdmSm ODCD DFimnx o Fire OLcgd DP&R o Pdi<e OPIV SPONioR's Reappointment of Nancy Damon to Position #6 on Equity & Diversity Commission - term to SillL\!ARY expire July 31, 2008. REVIEWED BY D mwMtg. D O\.&P Gnre D F&S Gnre o Transportation Gnte D Urilines Gnte DAmCo=. o Parks Co=. o Planning Co=. DATI: RECOMMENDATIONS: SPONSOR! ADMIN. Confirm reappointment. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUJRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION 8/21{06 MTG. DATE ATTACHMENTS 8/21/06 Memo to Council dated 8{7/06. ITEM INFORMATION City of Tukwila 6200 Southcenter Boulevard. Tukwila, Washington 98188 Steven M. Muliet, lvfayor To: From: Re: Date: .,j Y' \" ~ jT JtO City Council --;f( VI Y . &NVlaYOr Munet~<, A - \ Reappointment to Equity & Diversity Commission August 7, 2006 Two positions on our Equity & Diversity Commission have tenns that expired on July 31, 2006. They are Position #4 - Bruce Linton (City Representative) and Position #6 - Nancy Damon (Business Representative). Bruce has decided to step dowl1. Kancy has expressed a desire to be reappointed. Her new tenn wiJI expire July 3], 2008. Unless I hear otherwise ITom members of the City Council before August] 5, I win invite Ms. Damon to the ReguJar City Council meeting on August 21,2006 to have her reappointment confinned. Thank you. Iso encJ. cf: City Clerk Phone: 206-433-1800 . City Hall Fax: 206-433-1833. y/'.'/w.cl.tukwlla.wa.us COUNCIL AGENDA SYNOPSIS Ini/iab- ITEM lVO. i"\Iutin2 Da!? Prq;!ird IT.' !\Icr,-or's riri~w .t. 1);{f;~7J rr!i~;.v 8/14/06 BG Ii.. 1.1, 8/21/06 4~ 4- II e &= CAS NUMBER 06-088 IORIGINALAG&'JDAD.\TE: AUGUST 14, 2006 AG&''DA ITEM TITLE Bid Award for 2006 Overlay & Repair Program CATEGORY [8] Dismssio/J D l\lo!ion o ~-sollffjOJJ o Ordinance 121 Bid Award D Public Hearir.g o Ofh" Mlg Dal' 8/14/06 MlgDat, .JUg Dal~ jllg Dot, ,\lIg Dolt 8/21/06 jllgDat, MigDat" SPOJo.iSOR o COllllcil o Mq)"or o Adm Sm OVCV D Finance OF;", o ugal 0 P&R o Polic< I2IP!!7 Sroc-iSOR'S This project will provide roadway repairs and overlays on city street segments. The SU~GlL\RY project was advertised on June 30 and July 7, and three bids were opened on July 21, 2006. The low bid of $723,105.00 was from lakeside Industries. Lakeside successfully completed the 2003 Overlay Program and all references contacted provided positive recommendations for their work. REVIEWED BY o COW Mtg. o CA&P Cmte o F&S Cmte [gJ Transportation Cmte o Urilities Cmte o .-\Its Comm. o Parks Comm. o Planning Comm. DATE: 7/24/06 RECOMMENDATIONS: SPONSOR/ADMIN. Award contract to the lowest bidder, lakeside Industries. CmGlITITEE Unanimous approval, forward to COW. COST IMPACT I FUND SOURCE R'G'&'JDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $723,105.00 $900,000.00 $ Fund Source: 104 Commercial Streets (page 44,2006 CIP) Comments: MTG.DATE RECORD OF COUNCIL ACTION 8/14/06 Forward to Regular Meeting 8/21/06 MTG.DATE ATTACHMENTS 8/14/06 Information Memo dated July 24, 2006 Map Bid Tabulation Transportation Committee minutes from July 24, 2006 8/21/06 No attachments ITEM INFORMATION COUNCIL AGENDA SYNOPSIS .i\I.fdiJ1" Dat~ Pr-:-pandb;' FI l1:ifi!1!J J[<<:or's reri~w ITEM No. 8/14/06 8/21/06 1(, (A. CAS NUMBER: 06-086 IORIGINALAGEND,\DATE: AUGUST 14,2006 AGENPA lTE'1 DTI.E AT&T Corporation Franchise Agreement CATEGORY ~ DiJ.C1lssion o };fotion o Resolf/tion [gJ OrdiliOIifi: o Bid Aword o Public Hearing o Otb<r M/g Dak 8114106 MtgD"', J.\l~ Dott M/gD"', 8121106 ..lfig-Dott J[(sDOlt JUg Do:? SPONSOR o COllncil o };fqyor o Adm Sm- DvCV o Fi1Janf~ o Fire o Lgal o Pe>R o Police [gJPI!7 SPONSOR'S AT&T Corporation requests franchise approval to install, operate, and maintain a fiber SU~~L\RY optic system in the City's right-of way. AT&T intends to expand its national fiber optic system and has recently purchased conduits and associated fiber infrastructure from 360 Networks and Touch America. Other than accessing manholes and pulling fiber, no other construction activity is expected in the City's right-of-way. REVIEWED BY o cow Mtg o CA.&P Cmte o F&S Cmte o Transportation Cmte [g] Utilities Cmte o .Arts Comm. o PaIks Comm. o Planning Comm. DATE: 8/08/06 RECOMl\<ffiNDATIONS: SPONSOR/ADMIN. ADDrove Ordinance arantina franchise. Cm.~[]TfEE Unanimous approval; forward to COW. COST IMPACT / FUND SOURCE RXPEl'o.'DITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION 8/14/06 Forward to Regular Meeting 8/21/06 MTG.DATE ATTACHMENTS 8/14/06 Information Memo dated July 25, 2006 Ordinance with Exhibits Utilities Committee minutes from August 8, 2006 8/21/06 Ordinance and attachments in final form ITEM INFORMATION City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANClllSE TO AT&T CORP., LEGALLY AUTHORIZED TO CONDUCT BUSIJI.'ESS 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, AT&T Corp., a New York Corporation, ("AT&T") is a telecommunications company that, among other things, provides voice and data services to customers. incluillng those in the Puget Sound Region; and WHEREAS, AT&T's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a telecommunications s}'stem; and WHEREAS, the City Council has detemlined that the use of portions of the City's rights-of-way for inst1lllation of telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recogniz$ that the use of public rights-of-wa}' 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. plannin~ 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. right-of-ways. and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ~- WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non-excIusive Franchise Granted. A The City hereby grants to AT&T, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City-owned rights-of-way generally described in Exhibit A and hereinafter referred to as the "franchise area." B. Such Franchise shall"not be deemed to be exclusive to AT&T and shall in no way prohibit or limit the City's ability to grant other franchises. permits. or rights alon~ over. or under the areas to which this Franchise has been granted to AT&T; provided. that such other franchises do not unreasonably interfere with AT&T's exercise of franchise rights granted herein as determined by the City This Franchise shall in no way interfere with existing utilities or in an}' way limit, prohibit, or prevent. the City from using the franchise area or affect the City's jurisdiction over such area in any way C:\DocumenIs and 5..:"'itings\AD t:rers\~p\..Xety\1!5DATA \Orcl.in3..'1LC'S\..\T &:T Frar.dL~doc FI:ksn 8/1712006 Page 1 of7 Section 2. Authority The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise, Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and AT&T shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If AT&T requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to AT&T prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of AT&T to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The follO\ving 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 s.,ction 6. A Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, AT&T shall within 24 hours of the emergency, obtain a permit from the City of Tukwila Deparbnent of Public Works. B. Coordination. All capital construction projects performed by AT&T within the franchise area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Deparbnent to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for AT&T within the franchise area shall be constructed and located so as to produce the least amOurlt 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, AT&T shall, at no expense to the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right- of-way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repairr maintenancer installation)' public safety.. or operation of any City public C:\~51.G and S;ttings\}l!! t:~\~'<..tcp\Keh'y\~.5D.-\TA \Ordh-~_res\AT&T FP....r.c.~~doc FJ:ksn 8/11/2006 Page 2 of 7 improvement in the City's governmental, non-proprietary capacity in or upon the rights-of-way 2. AT&T may, after receipt of written notice requesting a relocation of its facilities, submit to the City ...vritten alternatives to such relocation. Such alternatives shall indude the use and operation of temporary transmitting facilities in adjacent rights of way The City shall evaluate such alternatives and advise AT&T in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, AT&T shall submit additional information to assist the City in making such evaluation The City shall give each alternative proposed by AT&T fuJJ and fair consideration In the event the City ultimately determines that there is no other reasonable alternative, AT&T 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, AT&T shall comply with all applicable siandards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by AT&T may be abandoned ,vithout the express written consent of the City G. Bond. Before undertaking any of the work, instailation, improvements, construction" repair" relocation,. or maintenance authorized by this Franchise Agreement, AT&T shall upon the request of the City, furnish a bond executed by AT&T and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of AT&T's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the teIecorrununications system to be instailed by AT&T in the City rights-of-way At AT&T's sole option, AT&T may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City The bond shall be conditioned so that AT&T shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective AT&T work or materials discovered in the Citts roads, streets, or property H. "One-Call" l""cation & Uabillty. AT&T shall subscribe to and maintain membership in the regional "One-caIl" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to AT&T's system components or for interruptions in service to AT&T cu.stomers which are a <!irect result of work performed for any City project fer which AT&T has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One-Call. The qty shall also not be liable for any damages to the AT&T system components or for inteIruptiOns in service to AT&T cu.stomers resulting from- work performed under a permit issued by the City 1. As-Built Plans Required. AT&T shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close-out of any permits issued by the City and any work undertaken by AT&T pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-built submittals provided under this section. J. Recovery of Costs. AT&T shaJJ be subject to all permit fees associated with acth~ties undertaken through the authority granted in this Franchise Agreement or under ordinances of the City \Vhere the City maus costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, AT&T shall pay such reasonable costs and expenses direcHy to the City C:\Dxum.w.tsar..:iSetlir1,y\Ali t.~\~\...~y\~~ATA\o.diru.~'--'T&TFl"'..r.c:"\io.e.do;; FI:ksn 8/11/2006 Page 3 of7 K. Vacation. It at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use ot the City, in either its proprietary or governmental capactty, then the City may, at its option and by giving 30- days written notice to AT&T, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to AT&T by reason of such termination other than those provided for in RCW 35.99 Section 6. Franchise Compliance. A. Franchise Violations. The failure by AT&T to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City, that describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If AT&T has not attained full compliance at the end of the 3O-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 3O-day period. B. Emergency Actions. 1. If any of AT&T's actions, or any failure by AT&T to act to correct a situation caused by AT&T, is deemed by the City to create a threat to life or property, the City may order AT&T 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 AT&T and give AT&T an opportunity to correct said threat before undertaking such corrective measures. AT&T shall be liable for all costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by AT&T and shall further be liable for all costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City The failure by AT&T to take appropriate action to correct a situation caused by AT&T and identified by the City as a threat to public or private safety or property shall be considered a violation of franchise terms. 2. If during construction or maintenance of AT&T's facilities any damage occurs to an underground facility, and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, AT&T or its contractor shall immediately call 911 or other local esnergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies ,in the event of AT&T's failure to comply with the_ provisions of this Franchise Agreement, to include but not limited to, the City's right to a Iawsu.it for specific performance and/ or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, AT&T shall at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow AT&T to abandon its facilities in place. Section 7 Insurance. A. AT&T shall maintain liability insurance written on a per-occurrence basis during the full term of this franchise for persona! injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specificaIIy name as additiona! insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no msurance affected by the City will be called on to contribute to a loss covered C:\Dxume:n.::s ar'.d S:llings\All UX5\Desl:W?\XEy\~.!$DATA \O!di.""~-,=\AT&T Fta.......G~OC FI:ksn 8/11/2006 Page 4, of 7 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 3D-days written notice to the City Notice shall be by certified mail, return receipt requested to the City C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve AT&T from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold" transferred, assigned! or othenvise encumbered, without the prior written consent of the City, ,vith such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation. or by assignment of any rights, title, or interest in AT&Ts telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from AT&T to another person or entity controlling. controlled by, or under common control with AT&T. B. In any transfer of this franchise which requires the approval of the City, AT&T shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qua1lfications 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 qua1lfications 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 ,vith a transfer of this franchise which require the approval of the City, shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone bw;inesses" defined in RCW 82.G4.065, except that fees may be collected for administrative expenses related to such franchise. AT&T does hereby warrant that its operations, as authorized under this franchise, are those of a telephone business as defined in RCIN 82.0!.065. B. AT&T shall be subject to a $5,000 administrative fee for reimbursement of costs associated ,vith the preparation. processing, and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of City's right-of-way Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after franchise approval. C. In the event AT&T submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review, or inspection, AT&T shall reimburse City for franchise amendment and expenses associated with the project. AT&T shall pay such costs within 30 days of receipt of bill from the City D. Failure by AT&T to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Q\Docw:nenls and Settings\All Csas\Des\dcp\Ke;J,y\MSDATA \C>rdin.mce5\AT&T Frar.chis.e.doc FI:ksn 8/18/2006 Page50f7 Section 11. Notices. Any notice to be served upon the City or AT&T shall be deli\'ered to the following addresses respectively. City ofTukwila Office of the City Clerk 6200 Southcenter Bo,uJevard Tukwila W A 98188 AT&T Corp. Right-of-Way Engineering 3001 Cobb Parkway, l'-.TW - Room 162 Atlanta GA 30339 with a copy to: AT&T Enterprise Serv:ices, Inc. Law Department 175 East Houston Street - 210 San Antonio, TX 78205 Attention: General Attorney Section 12. Indemnification. A. AT&T shall use reas6nable and appropriate precautions to avoid damage to persons or property in the construction... installationJ repair, operatioI\- and maintenance of its structures and facilities. AT&T shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suHered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of AT&T, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to AT&T by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to AT&T's obligation pursuant to this section, the City shall, within a reasonable time, notify AT&T thereof and AT&T shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit Or action is based on a claim or demand which gives rise to AT&T's obligation pursuant to this section, the City shall promptly notify AT&T thereot and AT&T shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, AT&T may, at its election and at its sole cost and expense... settle or compromise such suit or action. This section shall not be construed to require AT&T to: 1. protect and save the City harmless from any claims, actions, or damages; 2 settle or compromise any claim.. demand.. suit; or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between AT&T and the City, AT&T's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, AT&T expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any cJaim brought by or on behalf of AT&T's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, C:\Dxw:r.a:tls a.."1d ~mngs\.AI! Usas\"IJeskto?\"K<Hi)'\~.5DATA \cr.&ru.r.:=\A Tl.::T:r~~doc FJ:ksn 8/11/2006 Page 6 of7 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, nithout agreement by AT&T, to enforce the remaining provisions of the ordinance, AT&T shali have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of ali applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or ,-tolate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement.. it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. AT&T shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. AT&T ac!mowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City Such regulations, upon written notice to AT&T, shall thereafter govern AT&Ts activities hereunder; provided, however, that in no event shall regulations: A materially interfere with or adversely affect AT&Ts rights pursuant to and in accordance with this Franchise Agreement; or B. be applied in a discriminatory manner as it pertains to AT&T 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 TIffi CITY COUNCIL OF TIffi CITY OE TIJKIVILA, IV ASHINGTON, at a Regular Meeting thereof this day of . 2006. ATTESTI AU1BENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Oerk APPROVED AS TO FORt"! BY Filed n-tth the City Oerk: Passed by the City Cmmcll: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A, Fiber Optic System Exhibit A-l, AT&T Fiber Optic Network ;v!ap, dated 61'}:? 106 Exhibit B, Acceptance Form C:\Docurr.E\t5 a..'1d ~ttings\All Us:exs\~-ktu?\..<C~I)'\~5DATA \Cbfu_~..11ces\AT&T fr.~dDC fI:ksn 8/11/2006 Page? of 7 EXHIBIT A FRAt'tCHISE AGREEiVIE1'\'T AT&T CORPORATION Fiber Optic System AT&T's fiber optic system enters Tukwila fi:om the south on West Valley Highway at S 180th Street. It continues nor1:b, on West Valley Highway to Southcenter Boulevard. From this point it continues north on Interuban Avenue S to East Marginal Way S. On East Marginal Way S, it continues north to Boeing Access Road, then east on Boeing Access Rd to Airport Way S and finally north on Airport Way S to Seattle. AT&T acquired another fiber optic system fi:om Touch America. The system enters Tukwila on Southcenter Boulevard (S 154t!1 Street) at Tukwila International Boulevard. It then continues east along Southcenter Boulevard for a distance of approximately 5,000 feet where it dead ends. ~\c :t f\\:>0{ O\> ~~&. ~e\~O"\<.. "bot A..1 ~~h' ' r ~ ~ 0' EXHIBIT B FRAt'lCHISE AGREEMEi\'T ACCEPTANCE FORM AT&T CORPORATION Date: City OfTukwila City Clerks Office 6200 Southcenter Blvd Tukwila, WA 98188 Re: Ordinance Adopted Dear Ms. Cantu, In accordance with and as required by Section A of City ofTu1.".vila Ordinance No. (the "Ordinance"), passed by the City Council and approved by the Mayor on , AT&T hereby aIXepts the tenns, conditions and obligations to be complied with or perfonned by it under the Ordinance. Sincerely, Signature Printed Name & Title COUNCIL AGENDA SYNOPSIS Aledil12. Dat~ Pr</Mr,d bo' AI<<jO"TS mi~;;.J u:mr.rif R!ir;/ 8/14/06 FI 1..\1 8/21/06 J-. ,j)~ ~L " ImljoLr ITEM No. ,- b. CAS NUMBER 06-087 IORIGINAL\GEND.\D_\TE: AUGUST 14,2006 AGE,,\;TI.-\ lTEM1ITLE City Government Channel CATEGORY {gJ Discrmwn {gJ Motion o &.foutlion o Ordi/NlIiC~ o Bidh;"rd o pJlblir Hf-fJrilig o Othff MI,gDuf,8/14/06 M'J Da!, 8/21/06 ~,ft,g Do!~ .MIg Do/~ _\fIg Dof~ )ftg Dot! ~\Itg Do!! SPONSOR o Collncil o AI,!)"or OAdmSvu ODCD o Fi1JOJ1c.G o Fire o Lgal 0 Pe'-'R o Polic, ~PW SPONSOR'S Staff is working with Comcast to obtain a Tukwila Government Channel. The channel SID~l.\RY allows the City to keep citizens better informed of pUblic meetings, school events, City projects, employment opportunities, and other community events. The estimated capital cost for the cablecasting equipment is approximately $25,000. The two options are for the City to absorb the capital costs or have Comcast pass the cost through to the City's subscribers. REVIE\VED BY o COW]\ftg o CA&P Cmte o F&S Cmte o Transportation Cmre ~ Utilities Cmte DArts Comm. o Parks Comm. o Planning Comm. DATE; 8/08/06 RECOMMENDATIONS: SPONSOR/ .ADMh'!. Initiate Government Access Channel; Mayor to determine funding option COMMITTEE Forward to COW. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $25,000.00 Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION 8/14/06 Forward to Regular Meeting 8/21/06 MTG. DATE ATTACHMENTS 8/14/06 Information Memo dated August 1, 2006 Utilities Committee minutes from August 8, 2006 8/21/06 No attachments ITEM INFORMATION COUNCIL AGENDA SYNOPSIS llIitioLr ITEAf lVO. i\fu/ifJ.2 Dutt Pr,;pard by l\lajors riri~u' ".L-IJJi!:cil rid?];) 8/14/06 BG .~ ILl' 8/21/06 A... /1-,," ~ '/(4 (< C. CAS NUMBER 06-088 I ORIGINM. AGE,,'IB. DATE: AUGUST 14, 2006 AGE;,TIA ITEM Trrr.E 2006 Overlay & Repair Program Construction Management Services Supplement No.1 with KBA, Inc. CATEGORY [8] VisCtlssion [8] Motion o ~Jol!l/ion o Ordjna'ic~ o Bid Award o Public Hemil1g o Other M'g Do!, 8/14/06 Mit Do" 8/21/U6 Jftg Dat' ..lltgDau ..Jltg DaN ~\[.(s Dd~ JItg Dat~: SPONSOR o Council DM'!J'or DAdmSm- Dvcv o Fil1tJJiU DFirc o Legal 0 P&R o Polic! [8]pw SPONSOR'S Construction Management Services have been negotiated with KBA, Inc. for the 2006 SU1C>L\RY Overlay and Repair Program in the amount of $114,054.00. The scope of work includes all construction management and inspection services during the 45-calendar day construction contract. REVIEW'ED BY o COW Mtg o CA&P Cmte o F&S Cmte ~ Transportation Cmte o Utilities Cmte DArts Comm. o Parks Comm. o Plarullng Comm. DATE. 7/24/06 RECOMMENDATIONS: SPONSOR! ADMIN. Authorize Mayor to sign supplement with KBA, Inc. CmC>fiTIEE Unanimous approvali forward to COW. COST IMPACT I FUND SOURCE RXPE,"TIITURE REQUIRED AMOUNT BUDGETED APPROPRIA TIO;-.r REQUIRED $114,054.00 $150,000.00 $ Fund Source: 104 Commercial Streets (page 44, 2006 CIP) Comments: MTG.DATE RECORD OF COUNCIL ACTION 8/14/06 Forward to Regular Meeting 8/21/06 MTG.DATE ATTACHMENTS 8/14/06 Information Memo dated July 17, 2006 Supplement No.1 with Exhibits Transportation Committee minutes from July 24, 2006 8/21/06 No attachments ITEM INFORMATION COUNCILAcENDA SYNOPSIS IlJifiaiJ- ITEJU1VO. .!\k:fi/;x.Dat.e P1?/>ardb.,. AIa;lJr's rc!i~;;,., GJJlr.ci/ rzLi~ 8/14/06 JM Jl\lP 8/21/06 -' ~[L I \I. \I 1:,1\. i.cf< CAS NUMBER: 06-090 IORlGIN.-\L\G&'iDADATE: AUGUST 14,2006 AGm.a)A ITEM TITLE Fort Dent Park Sanitary Sewer System CATEGORY ~ DiscuuilJl1 [2J Motion o &.soJfdMJI o OrdiMn,< o BidAword o PJlb/ic Hearing o Other MIg D<7k 8/14106 MIg Dpfl 8/21106 i'~Daf~ Mig DatI },[tg Dat~ 1>f1gDak MIg Da', SPO;-;SOR OC()ffficil OMq;w OAdmSvu ODCD o Fi/Jan~~ o Fire o Lgal 0 P6R o Poli,. 18] PIIT SPONSOR'S Staff has calculated that the Fort Dent Sewer Lift Station #6 is over capacity during large SmL\L-\RY events at the Starfire Sports Complex. The best solution is to reroute the flows from Lift Station #5 that serves Family Fun Center and the business park along Interurban Ave S and leave Lift Station #6 to just serve Fort Dent Park. The estimated costs have escalated to $917,500 and a transfer of funds is needed from other projects so that this project can be completed this year. REVIE\\'ED BY o cow Mtg. o G\&P Cmte o F&S Cmte o Transportation Cmte [2J Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. DATE. 8/08/06 RECOMlVIENDATIONS: SPONSOR/ AD11IN. ADDrove transfer of funds and Droceed with Droiect. CmL\ITITEE Unanimous approval; forward to COW. COST IMPACT / FUND SOURCE ExPENTIITURE REQUIRED A\IOUJ\'T BUDGETED APPROPRlA nON REQUIRED Estimate $917,500 $943,000.00 (Amended Budget Request) $0.00 Fund Source: See Information Memo and page 11 of the 2006 ClP Comments: MTG.DATE RECORD OF COUNCIL ACTION 8/14/06 Forward to Regular Meeting 8/21/06 MTG.DATE ATTACHMENTS 8/14/06 Information Memo dated August 91 2006 (revised after UC meeting) Utilities Committee minutes from August 8, 2006 8/21/06 No attachments ITEM INFORMATION Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR c.O.W. August 7 14 21 28 Special Issues: See agenda packet - Boeing Access Road & E. Iv!arginal Way cO\'er sheet for this Intersection Paving week's agenda Project bid rejection (August 21, 2006 - Automated Finger- Regular meeting). print Identification System (AFIS) - Utility tax ordinance (review and reaffir- mation) - Consultant for Shoreline JI.jaster Program update - Wig Properties, LLC development agree- ment for Southcenter Square - Fire Code ordinances September 5 (Tuesday) 11 18 25 411r_ Public Hearing: Special Presentation: Labor Day Wig Properties, LLC Update on All (City offices closed) development agree- Nations Cup event ment Unfinished Busines~: Wig Properties, LLC development agree- ment October 2 9 16 23 30th _ Fifth Monday of the month-no COUl.cil meeting scheduled CmlMITTEE OF THE WHOLE JvfEETIJ\G TO BE FOLLOWED BY ASPECL"L MEEID:G Upcoming Meetings & Events AUGUST & ,SEPTEMBER 2006 i I i I I I , I )> Apartment Managers' Networking Lunch: Periodicallya.s scheduled. Con1acl Robb!e B:ur"s al206-:31~2 /97 )> Arts Commission: 1st Tues., 5:00 P!.i, Tu..tmila Community Center. Cor~t Kimberly \faJaj al206-767-2342. )> Cbamber of Commerce's Tub.'"Wila Goyernment and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Office;;. Cor.lact Nancy Damon at 206-575-/633. :> Chipper Da)-s, sponsored by the Wash. State Dept of Agriculture: 3rd Sat, 10:00 ,J,...,!:tO 1:00 P:!-.f, Foster HS main parking lot. Dispose ofpnmings and plant materials from the Ionghomoo beetle quarantine area... Dri\"e your trucklocl of materials to the lot md help will be provided to unl~4 chip, and dispose ofma!erials free of charge. B~ sure to bring ID \\ith quarantine area addre:5.S. :> City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 p~{, upJ..Ccil Chambers at City Hall. ,. City Council Regular .Meeting: 1st & 3rd Mon., 7:00 p~{, Council Chambers at City Hall. ,. Ci>.i! Senice Commis::sion: 2nd Mon., 5:00 P:\{, Con[ Room #3. Contact B=,~ Willison at 206-433-18#. ~ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 P:\t, Cont. Room "'-3. ~ COPCAB (Community Oriented Policing Citizens Ady. Board): 4th Wed, 6:30 P~f, ConI. Rm #5. .Harja l,fWTay (206-433-71/5). ~ Crime Hot Spots Task Foree: 3rd Wed.., 10:00 A.\f, Coni. Room #5. Contaf:.t \{arja J,flO7ay aJ 206-433-7175_ ~ Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Coni Room #5. Contact Evig Boy1:on or Stacy Har.sen al 206-433-7180. ~ Equit)' & Diyersity Commission: 1st Thurs., 5:00 P:\f, ShoVtalter Middle School Lfuray. O:ml(Xt DiauJenHr..s!I1 206-433-1834_ ~ Finance & Safety Committu: Is! & 3rd Man., 5:00 P:\t, Coni Room #3. Ager.d!l ilemsfor 8/21/06 mwir.g: fA) Ctility ta>; ordir.:lT.cg (review (md reajfirrnaJion). (Bj Purcr.ase ordu for Falcon digital audioA'fdeo body ',I,ire system from !ei.!.--ure fwds. (C) A resolution supporting tJ-.e AulOmLIled FingerprirJ ldEritificaIionSystem (A.FIS) lay. (dj Anima.! conlTol $el'vices. ~High\\a)' 99 Action Committee: 2nd Tues., 7:00 P~f, Tukv.ila Community Center. Contact ChieflJ!rre Ha;r.es at 20~-433-1812. ~ Human Services Ad\isory Brd: 2nd Fei ofe....en months, 10:00 .-\..\1, HtlIIlZ.D. Ser....ices Office. Cordaa E';ie Bay.~ at 206--433-" 18fJ. ~ Human Senices PrO'oiders: Quarterly, 11:30 .-\J.t, TCC (2006 =3.117, 6.'16, 9/15, and 1218). CornactSra-::y HaJ'limat 206-433-7131. > LibraI')' Ad....isol')' Board: 3rd Wed., 7:00 P~f, Foster Library. CorJact BrdEe Fl&"'.er at 206-767-2343 ~ Lodging Tax AdrisoT). Committee: Every other month (or a;; scheduled), 12:00 Noox. Cordact Kalhlllr.E KertzTr..an aJ 206-575-2489 ~ Parks Commission: 3rd Wed., 5:30 P!,t, Senior Game Room at Community Center. CorJact lGmherly I.{ate; at 206-767-23-.:2. ~ Planning CommissionlBoard of Architectural Re\iew: 4th Thur.s., except 2nd Thur:....day in Nov. & D:;c.. 7:00 P:\L Council Chambers at City Hall Conta-..""l Wyr.etta Bi'iema/206-43/-3670. ~ Sister Cit}. Committee: 1st Wed., 5:30 P~[, Cont: Room :;03. Cordacl Be'; WillisalJ at 206-433-184-:. ~ Transportation Committee: 2nd & 4th Mon., 5:00 P:\[, Com. Room:;'1. ~ Utilities Committee: 1st & 3m TL'e5., 5:00 P~f, Conf, Room =-L 8.122/06 rr.ee.lmg has beEn car~el!ed. 21st ~Ionda...) :> Finance & Safety Cmte, 5:00 P:\I (CR ,3) ! 22nd (Tuesday) '~ t:~!;~--C .:_, ~ CA..'\:CELLED , ; ; , I ~ City Council I Executh.e S-....-"$Sion, I 6:30 P:\( I (Cour.cil C"'~er5) i ~ City Council I Regular ~Itg., i 7:00p!-1 (COUTtCil O.ambersj i 28th 0londay) I ~ Tran:>PQrtation Cmte, I 5:00p.\( I (CR ~J) ! :> Crt;. Council I Committu of i me Vihole Mtg., I 7:00 '" i (C!p.Jr.ci/ ! Chambers) , I ; I-29th {Tuesday} I 3> Community I AffuiI> & p- I Crnte, 5: 00 PM ! (CR =3) I 23rd (Wednesday) j 24th (Thursda~) I FAR..'\IERS i\l..\RKET ! :> PJ"-I'J!ing Corr.er of 1 44th St ar.d j Commis.sion, Tub~ilalli.t'L Bh.d ! (Work Ses.:>i(}:J, EYen-' Wednesday . 2.t 6:00 P~,[ G!ld (now through Sept 27) Public He~ing 3:00 to 7:00 P:\I 2.1 7:00 P~.I) ~ (Cow-",U _ Cl-cl"wm) I www.<Lrn.""""-wa..,", IDUfannersmarket.btm. I :> ~~,er City Cmle, '):,)OP~( (cR n) SPECL-\L ~!EE1'IXG D.-HE TInS ~IO::'\'1H. ; 25th (Frida\.) ! 26th (Saturday) Higbway 99 Trash Pickup Day 9:00 IO:OO.~! For Icanion CQ.!! Dom-,.!l a1 206-242-5556 I I I I I i ! I I ! I I 2nd (Sarurda,.) :> COPCAB, 6:30PM (CR #5) ! 10th .{Wedn.esday) ! 31st (Tbursdav) , F AR.'\IERS lwL.\RKET j Corr.erof144thSt ardi i Tu.b~i!a lril'L Bh.cl EYel'). Wednesda)' (now through Sept 27) 3:00 to 7:00 P:>O( L, ~ ti-;1fF-~ -=- ?t!~~ ~~11f j 1st (Friday) YrITW.ci.tul..-wila...Wa.u!l BUfarmersmukeLbtm ~Court ~ Court= Busy Court andfor Jury Calendar (noted to alert employees and citizens of potential par'ring difficulty).