HomeMy WebLinkAboutReg 2006-03-06 COMPLETE AGENDA PACKET Tukwila City Council Agenda
REGULAR MEETING
i o Steven M. Mullet Mayor Counczlmembers: Joe Duffie Joan Hernandez
R honda Berry, Ci Administrator Pam Carter Jim Haggerton
19O8 Dennis Robertson, Council President Pamela Linder Verna Griffin
Monday, March 6, 2006; 7:00 PM Ord 2114 Res #1603
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL a. Certificate of Recognition honoring the owner of Park Avenue
PRESENTA- Aparintents; presented by a representative from the Highway 99
TIONS Action Committee.
b. Code EnforcementUpdate;
Kathy Stetson and Joyce Trantina, Code Enforcement Officers, DCD.
c. Haz -Mat Equipment Update; Nick Olzvas, Fire Chief.
3. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
4. CONSENT a. Approval of Minutes: 2/21/06 Regular.
AGENDA b. Approval of Vouchers.
c. Accept as complete the Tukwila Pool High Performance Coating
Project with Long Painting Company; authorize release of
retainage subject to standard claim and lien release procedures
(final cost of contract: $53,981.12).
5. BID AWARD Award a contract to Buno Construction, in the amount of $566,504.19
(including sales tax), for construction of the Maule Avenue /Campbell
Hill /58th Avenue South Waterline Project (see 2 -27 -06 COW).
6. UNFINISHED a. Authorize Mayor to sign a Consultant's Agreement with W &H Pacific
BUSINESS in the amount of $99,656.35 for design of the 2006 Annual Overlay and
Repair Program (see 2 -27 -06 COW).
b. Authorize Mayor to sign a Supplemental Agreement to Contract
#05 -071 with HN'1'13 Corporation in the amount of $1,982,996.00 for the
final engineering design and PS &E services for roadway improvements
on Khckitat and Southcenter Parkway (see 2 -27 -06 COW).
c. An ordinance granting a Non exclusive Franchise Agreement to Time
Warner Telecom of Washington, LLC.
7. NEW
BUSINESS
8. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. 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.
'411LA. yi;�.. CO UNCIL AGENDA SYNOPSIS
:�p r `s2�' Initials ITEM NO.
Q I AO O 1 Meeting Date 1 Prepared by 1 Mayor's review Council review
s
v 3 3/6/06 0 ,4— ,A
622 D
ITEM INFORMATION
CAS NUMBER: 06-029 I ORIGINAL AGENDA DATE: March 6, 2006
AGENDA ITEM TITLE Briefing on 2005 Code Enforcement Activities
CATEGOR Discussion Motion Resolution Ordinance Bid Award Public Other
Y Mtg Date 6 0 6 Mtg Date Mtg Date Mtg Date Mtg Date lltg .6 a Mtg Date
SPONSOR Council Mayor
Adm DCD Finance Fire Legal PAR Police PW
z
SPONSOR'S V riefing on 2005 Code Enforcement Activities
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte I Transportation Cmte
Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE: January 23, 2006
RECOMMENDATIONS:
SPONSOR /ADMIN. N/A
COMMITTEE N/A
I COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments:
1 MTG. DATE RECORD OF COUNCIL ACTION
3/6/06
MTG. DATE ATTACHMENTS
6/06 Memo dated March 3, 2006 from Steve Lancaster
Community Affairs and Parks Committee Minutes, January 24, 2006
City of Tukwila
Steven M. Mullet, Mayor
Department of Community De1Ielopment
Steve Lancaster, Director
TO:
Committee of the Whole
FROM:
Steve La~caster, Director of Dept. of Community Development
DATE:
March 3, 2006
SUBJ:
Briefing on 2005 Code Enforcement Activities
Attached is a copy of the information that was presented by Code Enforcement on
January 23, 2006 to the Community Affairs and Parks Committee.
On March 6, 2006, Code Enforcement staff will present an informative review of
activities that occurred last year, as well as a look forward.
6300 South center Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone. 206-431-3670 · Fax: 206-431-3665
City of Tu1<Jfi/ila
Steven lvI. jylullet} ivJayor
Department of Community Development
Steve LancasteJ; Director
Date:
Community Affairs and Parks Committee
Steve Lancaster, Di~~tor - Department of Community Developmen~
January 19, 2006
To:
From:
Re:
Briefing on 2005 Code Enforcement Activities
The purpose of this paper is t9 provide a brief overview of2005 Code Enforcement activities, and
outline some of our activities for 2006.
In 2005, several steps were taken to make positive impacts on the conditions and
appearance of Tukwila residential neighborhoods.
SUMMARY OF 2005
In 2005, as in previous years, Code Enforcement worked on a complaint driven basis.
These issues come from residents, City employees and others, and are received via
telephone, email, or personal visits at the Building Department counter. In 2005, there
were 293 new cases opened, reported and investigated. The majority of cases continue to
involve building issues, trash/debris, and junk vehicles. As in the past, these issues make
up more than half of all municipal code violations.
Types of Complaints Received
2003
2004
2005
Building Violations
Trash and Debris
Junk Vehicles
Signs
Housing
Other
Use
Weeds
Parking
18%
25%
12%
16%
3%
11%
8%
7%
26%
17%
16%
13%
5%
1%
1%
10%
23%
19%
13%
9%
9%
10%
6%
5%
5%
New Ordinance
Code Enforcement receives many inquiries and complaints regarding vehicles on private
property. On March 1,2005, the City's Residential Property Parking Ordinance went
into effect. This ordinance requires that all vehicles in residential zones be parked on an
improved surface and limits the overall size and location of the parking area. A new
brochure was distributed, articles were written in the Hazelnut, and information was
shared at Tukwila Days and other forums in an effort to communicate the implications of
the new ordinance, well before tqe effective date, and as a result, little or no negative
feedback has been received since; it's implementation.
\
Code Enforcement also began implementation of an Ordinance (passed in October, 2004)
that amended TMC 8.45 (Enforcement) which enables the City Improvement Officer to
conduct hearings with owners of unsafe structures, and gives the City the ability to abate
these nuisances and attach a lien directly to the taxes on the property. These hearings
give the property owner and City officials an opportunity to discuss the violations on an
informal basis and in most cases, a mutually agreeable timeline for remedy can be
developed, eliminating the requirement for further legal action. Seven Improvement
Officer hearings were conducted iIi 2005 with the City prevailing in each case.
The Division also began utilizing the Seattle Hearing Examiner for appeal cases. Both
Examiners have been very timely and responsive to requests for hearings which can be
conducted at City offices and during evening hours if needed. Five of these hearings
were also held during the year, with the City prevailing in each case.
Additional Resources
In August 1, 2005, Code Enforcement was able to add .5 FTE in a Code Enforcement
Officer role, providing an additional resource for reducing the case backlog. Specifically,
from January to August, 139 cases were resolved and closed - from September to
December, 152 cases were closed, During this period, more efficient processes and
procedures were also developed to effectively measure the impacts of additional staff and
a proactive approach in addressing code violations.
p:codeenforcemelltlCAPII-18-06
2
Some "Successes"
RFA02-181 Southgate lVlobile Home Park
The new owners have been very responsive in resolving nuisance violations,
12-14 old dilapidated trailers have been removed and any "replacement"
trailers are being inspected by the Building Department prior to
installation. Trash and debris have been removed from the site, and there is an
on-site manager present. In addition, the TPD have reported a 20% reduction in
the number of calls to the property,
\ -
p:codeenforcementlCAPIl-18-06
"Before" photos show multiple
dilapidated, unsafe structures,
abandoned junk v~hicles, trash and
debris.
"After" photos show that l2-15 trailers
have been removed from the site. The
remaining trailers have been painted,
junk cars and debris removed, and an
on-site manager ensures property is
being maintained.
"
-'
RFA04-027 3430 S. 146 St. Victoria Arms
Meetings were held with Fire, Human Services, Building, and Police to develop a plan
for bringing this sub-standard apartment complex into compliance. During the course of
investigations, several units were posted "Do Not Occupy" due to substandard
conditions. The property came under new ownership mid-2004, and efforts continued
with new owner to resolve issues, This fall, Code Enforcement conducted a final
investigation and closed the file.
-
Building, Fire, Police, Code
Enforcement, Labor and Industries were
active in identifying violations and
working with new owners. Violations
included unsafe decks/supports/stairs,
electrical and plumbing issues, trash and
debris, and criminal activity (drugs,
prostitution).
Police calls to the property have been
reduced by 60%!
p:codeenforcementlCAP/1-18.06
'c"
Property was sold in
2004 and new owners
invested significant
resources in the
property. In the fall of
2005, compliance had
been achieved and the
file was closed. An on-
site manager is actively
working with the owner
and City groups to
maintain the property
4
RFAOS-134, RFA05-135, RFA05-136 50148. l1Sth 81.
Three separate parcels (one owner) each had a derelIct, unfit building/structure, debns,
and overgrowth, Meetings were held with the property owner, permits were obtamed,
and the demolition and removal has been completed.
p:codeenforcementlCAP/I-18-06
This structure was removed in the
fall of2005,
This structure and piles of debris
were removed in the fall, 2005.
5
..
Other
This fall, Code Enforcement conducted on-site inspections with Human Services,
Building, and other staff to assess the conditions of several city-owned properties. As a
result, one of these homes will be cleaned up and refurbished by the Way Back Inn
organization, and utilized as transitional housing for women in need. Other properties
have been identified for similar "projects" with other agencies.
A significant amount of time and\ effort was also utilized to share information regarding
the rollout of proactive code enfgrcement. Our NE.A.T. program (Neighborhood
Enhancement Around Tukwila) was developed to help Tukwila residents understand the
positive impacts code enforcement can have in cleaning up our neighborhoods and
reducing crime.
WORKPLAN FOR 2006
In 2006, Code Enforcement staff will be focusing their work in the following areas:
1. Unresolved Cases
Each unresolved (open) code enforcement case has been identified with a "lead" code
enforcement officer. Kathy is the lead officer for several complicated and complex
issues, and Joyce continues to act as lead on the "dirty dozen" cases. Some of these files
date back 6-8 years, and have already been filed in Superior Court for City abatement.
Coordination with the City Attorney's office will keep these cases moving forward. The
officers will work together on many of the larger, complex issues. The addition of a
second full-time code enforcement officer will provide the resources to reduce the
backlog in a more timely manner.
2. Proactive Code Enforcement
Utilizing 2004/2005 violation data, the City has been divided geographically into 9 areas.
Proactive code enforcement will begin in Areas 3, 4, and 5 (Riverton, Cascade View, and
Foster Heights). In addition, 144th Street has been used as a "soft" dividing line - one
officer will conduct inspections north of l44th, the other - south, Multi-family
(apartments) and other areas will be handled jointly, keeping safety as our number one
priority .
p:codeenforcementlCAPII-18-06
6
3. Streamlined Processes
More streamlined processes and forms have been developed in order to expedite
communication with owners, and while the forms may seem less "friendly", our process
for handling complaints has not changed. \Ve will continue to work with owners in a
friendly but firm way, in order to resolve issues, and are always willing to provide
additional time or resources when appropriate.
4. Focus on Tukwila International Boulevard
Code Enforcement continues to build strong relationships with other City departments.
In 2005, we conducted a.m. briefings with Police Department patrol officers; worked
with the City Clerk's office to enforce business license violations, and partnered with
building inspectors much more effectively. On-site meetings and inspections with staff
from Police, Fire, Building, Human Services, and Code Enforcement were conducted
with property owners and apartment managers. These "discussions" clearly demonstrate
to property owners, the breadth ofthe City's concern, and provide a unified and powerful
approach in abating violations.
5. Business Licenses for lVlulti-Family Property/Accessory Dwelling Units
This year we will take a closer look at the potential benefits for requiring owners of rental
property _ to obtain a business license. We will also consider some
type ofregistrahon for accessory dwelling units in the City.
6. Universal Trash P l ( {C - up
Code Enforcement will be working with Public Works and Planning Departments to
address mandatory trash for residential neighborhoods. Residents currently have the
option of utilizing weekly curb service, or self-hauling. Some of our neighboring cities
require residential curbside trash removal, and code enforcement staff in these
jurisdictions have indicated there is a significant reduction in trash-related violations
since the implementation of mandatory trash.
p.codeenforcementlCAPIl-18-06
7
~~
Community and Parks
January 24,2006
Present:
Joan Hernandez, Joe Duffie, Pam Linder
Rhonda Berry, Kathy Stetson, Joyce Tramer, Nora Glerloff, Steve Lancaster,
Derek Speck, Jane Cantu, Lucy Lauterbach, Chuck Pamsh
* 1. Code Enforcement Briefing Joyce talked of all she and Kathy have done m 2005. Their
activities included openmg and resolvmg 293 new cases as well as workmg on umesolved cases
from past years, WhICh are usually complex and contammg legal Issues. They have gotten nd of
much derelict housmg vlOlatIOns, and have started enforcmg the reqUIrement for parking vehIcles
on a legal parking pad. They had pIctures of some of the areas they had cleaned up, with very
clear "before" and "after" pictures, The work plan for 2006 mcludes more proactive
enforcement, and Kathy and Joyce will work on one or two of the nme areas m the City at a time
They wIll work to clean up some of the more ObVIOUS code vIOlatlOns and completely clean up an
area, house by house, and street by street. Tills wIll prove to be more eqUItable than when
complaints are enforced when another vIOlatlOn could be nearby the one code enforcement IS
called for. Code enforcement staff will work separately on their assigned areas, though they
always team up at apartments or at housmg that appears to be unsafe. Joan noted there has been
trash at the top of the staIrs that go behind Denny's from Southcenter Boulevard to S 152nd
Street. The comrmttee members expressed great apprecIatIOn for Kathy's and Joyce's work, and
said the rest of the Council would also like to hear this informatIOn. Recommend briefine: to
entire Council at a CO\V.
2. GIS Mapping The City has been evaluatmg a product called CityGIS5 from DIgItal Map
Products for the last few months. DMP hosts a custom web sIte for the CIty that provIdes basic
Geographic Information System (GIS) functlOnality (vIewmg, searchmg, printing), our aenal
photos, Tukwila plammetric layers (zonmg, wetlands etc,), Kmg County property information
and digital King County Assessor maps Nora demonstrated the program for the Committee,
showmg how to search by address and owner name, add informatIOn to the map and generate a
pdf file
The site makes it possible to see not only streets and neighborhoods, but also plat lines, wetlands
and watercourses and their buffers, addresses, water and sewer dlstncts and other mformatlOn, It
can be very helpful to developers, and to anyone gettmg various kinds of ownership and physical
boundary mfonnation. If the City GIS program works well for the City'S needs we could also
have Digital Map Products develop a lmk to the PermIts Plus database so that it would be
possible to geographically search and dIsplay pennit mfonnatlOn.
Another idea would be to eventually make a similar program available to the publIc through the
City's web site. ThIS would allow people to view and pnnt mformation and photos of properties
m Tukwila. The committee members were very mterested m the maps, and enjoyed seemg all the
mformation that could be garnered quickly with the system. Information.
cA,\.
li CommIttee chair approval
Minutes by LL
COuINCIL AGENDA SYNOPSIS
ITEM NO.
O Z Lrtttalr
44•01 %:I 1911 I Meeting Date l Prepared by l Ma yor' eviety Council review
6 i 1 s r"
I) 1 i2 3/06/06 I RS 1 A AA- 1 zn Z r
I I I 1 C
1 1 I I
I I I
ITEM INFORMATION 1
CAS NUMBER. 06-030 (Ref. 05-108) I ORIGINAL AGENDA DATE. Ma rch 6, 2006 (Ref. 7-25-05)
AGENDA II'F.MTITLE Tukwila Pool High Performance Coating Proiect Completion and Acceptance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor
Adm Svcs DCD Finance Fir-e 111 Legal P&R Police PTV
SPONSOR'S Long Painting Company has completed the City of Tukwila Pool High Performance
SUMMARY Coating Project and fulfilled their contract obligations. As part of the project close-
out process, the City Council needs to accept the Project as Complete, and authorize
the Retainage to be released.
REVIEWED BY COW Ivltg CA &P Cmte 11 -15 -05 F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/15/05
RECOMMENDATIONS:
Accept the Project as Complete and authorize the Retainage to be
SPONSOR /ADMIN. Released.
COMMITTEE Same as Sponsor
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$53,981.12 $70,000
Fund Source: Capital Improvement Program, 301.00.594.760.64.68
Comments. These forms include a corrected error of $474.37 (including 8.8% tax) that was found in
the contractor's calculations to the benefit of the City. The project was completed on time and on
budget.
MTG. DATE RECORD OF COUNCIL ACTION
11/15/05 I CAP moved item to 11 -21 -05 Concent Agenda at a Regular City Council meeting.
MTG. DATE 1 ATTACHMENTS
11/15/05 November 8, 2005 Memorandum Project Completion and Acceptance.
11/15/05 November 15, 2005 CAP Minutes
3/6/06 Notice of Completion
Memo from Rick Still dated 11/8/05; CAP minutes dated 11/15/05
State of Washington
Department of Revenue
PO Box 47474
REVENUE Olympia \VA 98504-7474
Contractor's Registration No (UBI No,) 578 090 687
Date 1 1/16/05
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
/. .~> ~ -.-;~,,~al11~~;%~~d<J.re~s dfP~filic''A:ift;ncY"1ii;~\0tc -~~'~':;t,
City OfTukwila
6200 Southcenter Blvd
Tukwila, Wa 98188
< " ....~\PepartmenttJse OliI)'
Assigned To
.'
Date Assigned
Notice is Itereby given relative to tlte completion of contract or project described below
Description of Contract Contract Number
City of Tukwi1a Pook High Performance Coating Project AG 05-095
Contractor's Name Telephone Number
Long Painting Company 253-234-8050
Contractor's Address
21414 - 68th Avenue South, Kent, WA 98032-2416
Date Work Commenced Date Work Completed Date Work Accepted
8/29/05 10/6/05
Surety or Bondfng Company
Travelers Casualty and Surety Company
Agent's Address
Willis of Seattle, Inc. 505 Fifth Ave. S., Ste 200 Seattle, W A 98104
Reductions
$ 49,615,00
$+ 0.00
$- 0.00
$ 49,615.00
$ 4,366.12
Liquidated Damages
$
0,00
Contract Amount
Additions
Sub-Total
Amount of Sales Tax Paid at 8.8 %
(Ifvarious rates apply, please send a breakdown.)
TOTAL $
Amount Disbursed
Amount Retained
$
$
51,500.37
2,480,75
53,981.12
TOTAL
$
53,981.12
I - '<'<""'_<C""oc.'
~2~lf;~~~~'ti~.J?*:' ...,;~.
~ -~- --~ ,: ':'-'?Disbtlr~lJig~Offi~-~r_
Comments:
()\(
~
Signature
Type or Print Name Diane Jaber
Phone Number 206-433-1871
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS untIl receipt of Department's certIficate, and then only 111
accordance with said certificate
To inquire about the availability of this document in an alternate format for the visually impaired, please cal\ (360) 753-3217 Teletype
(TTY) users please call (800) 451-7985. You may also access tax information on our Internet home page at http.//dor.wa.gov.
REV 31 0020e (6-27-01)
Parks and Recreation Department
Bruce Fletcher, Director
MEMORANDUM
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: ~S Rick Still, Assistant Director of Parks and Recreation
DATE: November 8, 2005
\
SUBJECT: City of Tukwila Pool High Performance Coating Project
Project Number POOL 8-05, Contract No. 05-095
Proiect Completion and Acceptance
BACKGROUND
As per the 2005 Capital Improvement Project Budget, the City of Tukwila Pool has been
painted, also referred to as "High Performance Coated." This special application process will
withstand the interior and exterior environmental conditions of the pool allowing for a longer
"paint" life and better moisture control performance for the Concrete Masonry Unit (CMU)
walls.
The contract was awarded to Long Painting Company in the amount of $53,981.12 (WSST
included). The project began on Monday, August 29,2005 and was completed on Thursday,
October 6, 2005. The contract costs are summarized as follows:
Contract Award
Change Orders
Subtotal
8.8% Sales Tax
Total Contract Amount
$ 49,615.00
o
$ 49,615.00
4.366.12
$ 53,981.12
DISCUSSION:
The action recommended below will authorize the release of the 5% retention amount
($2,480.75) to Long Painting Company,
RECOMMENDATION
Recommend completion and acceptance of the City of Tukwila Pool High Performance
Coating Project and authorize release of 5% retention bond subject to standard claim and
lien release procedures.
cc: City Administrator
Director of Parks & Recreation
Community and Parks Committee
November 15, 20oif.5
.I
Present.
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Rick Still, Jack Pace, Lynn Miranda, Lucy Lauterbach
.~
1. Project Completion and Acceptance-Tukwila Pool A high perfonnance coatmg of paint
was applied at the TukwIla Pool, and it should extend the lIfe of the paintmg job longer than
nonnal paint. The job has been fimshed since early October, and the contractor Long Pamtmg IS
ready to receive Ius retainage payment. Recommend project acceptance and release of
retainage to consent agenda of a ~egular JVleeting.
\
2. Third Quarter Reports The Committee members had not questions about the reports,
though if they find any later, they will refer questIOns tq the department. Review completed.
3. Renewing lVloratorium on TOD Planning Area Jack and Lynn explained that the current
moratorium expires January 13,2006. Staffis recommendmg movmg forward now with
renewing the moratorium because of the uncertainties regardmg CIty Council's meeting schedule
III early January. Council and the City Attorney will consider the date upon which the renewed
ordmance becomes effective. It was anticipated that the Tukwila Urban Center Plan would be
completed by now. However, other projects such as the TVS contract have taken priority over
the reView and adoption of the Plan. One rp.odIfication to the current moratorium is that the
( \ ordinance would reserve a 100' corridor ofland adjacent to the BNSF nght-of-way necessary for
relocating the Union Pacific right-of-way. The comdor would be preserved by prohibiting any
development in this area, unless the property is developed under an approved developer
agreement with the City. Recommend forwarding the ordinance for a public hearing at the
CO'V meeting on November 28th.
~) CO'mmittee chair approval
rl
iIinutes by LL
.~~
COUNCIL AGENDA SYNOPSIS
Q C ITEM NO.
G Meeten2 Date I Prepared by Mayor's review I Council review
ov tf t= 2/27/06 MC �l�.t- %�✓v r
3/6/06 j E t A
7908 I y�r�
ITEM INFORMATION
ICAS NUMBER. 06-028 I ORIGINAL AGENDA DAIP. FEBRUARY 27, 2006
AGENDA ITEIer TITLE Bid Award for the Maule Ave /Campbell Hill /58 Ave S Waterlines Project
CATEGORY Dzscitsszon illotzon `Resolutzon Ordinance Bzd Award Public Hearing Other
Mtg Date 2/27/06 Mtg Date Mtg Date i14tg Date Mtg Date 3/06/06 Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs El DCD Finance Fire Legal P&R ['Police P1Y/
SPONSOR'S This waterline project is for three separate locations (and CIP pages) but have been
SUMMARY combined into one construction project. The project was advertised on January 11 and 18,
2006 and nine bids were received and opened on February 10, 2006. The low bid of
$566,504.19 was from Buno Construction. References indicate that Buno Construction has
performed well on similar type projects.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte El Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1E. 2/22/06
RECOMMENDATIONS:
SPONSOR /ADMIN Award contract to Buno Construction.
COMMII'I'EE Forward to COW and Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$566,504.19 $825,000.00
Fund Source. 401.02 Water Fund (pages 78, 80, and 81, 2006 CIP)
Comments. The amount budgeted is the total construction budget from the three CIP pages
MTG. DATE 1 RECORD OF COUNCIL ACTION
2/27/06 I Discussed at COW; forwarded to 3/6/06 Regular Meeting for final action.
3/6/06 I
MTG. DATE 1 ATTACHMENTS
2/27/06 I Information Memo dated February 15, 2006
Bid Tabulation
Map noting the Maule Ave /Campbell Hill /58 Ave S waterline project locations.
Utilities Committee Meeting Minutes from February 22 2006
3/6/06 I No attachments
CouNcIL AGENDA Swosis (0-- am~ 0 gsti i2':
Initials ITEM NO.
'X I9S Meeting Date Prepared by 1 Mayor's review 1 Council review 1
3/6/06
cs) 2/27/06 I RT„ t I i vi l Y/1 I
1 �k
1
rsoa I I I I
I I I
ITEM INFORMATION
CAS NUMBER. 06-025 ORIGINAL AGENDA DAIS. FEBRUARY 27, 2006
AGENDA Ili M TITLE 2006 Annual Overlay and Repair Consultant's Agreement with W &H Pacific.
CATEGORY Discussion Motion Resolution Ordinance BtdAward Public Hearing Other
Mtg Date 2/27/06 /tits Date 3/6/06 Mtg Date Mtg Date kits Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PLY(
SPONSOR'S The contract is for design of the 2006 Annual Overlay and Repair Program. The street
SUMJARY improvements include overlay for S 144 St (Macadam Rd /51 Ave S), Southcenter Blvd
(Macadam to 53r1), s 158 St (42 47 Slade Way (S 160 to 53 P1 and includes
soldier pile walls), Macadam Rd S (S 128 to S 133 and includes curbs, gutters, sidewalks
for Normed mitigation), S 130 St (EMW to Macadam), Ramps of Boeing Access /Airport
Way and the intersection of Boeing Access Rd /E Marginal /TIB.
REVIEWED BY COW Ivltg CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIB: 2/13/06
RECOMMENDATIONS:
SPONSOR /ADMIN Authorize Mayor to sign the consultant's agreement with W &H Pacific.
COM MIrrE,E Forward to COW and then Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$99,656.35 $100,000.00
Fund Source: 104.02 Commercial Streets (page 44, 2006 CIP)
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
2/27/06 Discussed at COW; forwarded to 3/6/06 Regular Meetina for formal action_
3/6/06 1
MTG. DATE I ATTACHMENTS
I 2/27/06 I Information Memo dated February 9, 2006
I I Maps of site locations
Consultant Selection Rating Sheet
Consultant Contract with Scope of Work
I I Transportation Committee Meeting Minutes from February 13, 2006
3/6/06 I No attachments.
I I
Co UNCIL AGENDA SYNOPSIS
0 I ITEM No.
<I N i G1 zlfeetzng Date I Prepared by 1 Mayor's review I Council review I 2/27/06 CI A,a,- I_ lip /ri c—
3606 S
1908 s I 1 I I
1 1
ITEM INFORMATION
CAS NUMBER: 06-026 I ORIGLNAL AGENDA DATE. FEBRUARY 27, 2006
AGENDA IIEM TITLE Klickitat /Southcenter Pkwy Consultant's Agreement Supplement with HNTB Corp.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other
zlltg Date 2/27/06 Mtg Date 3/6/06 Mtg Date Altg Date Mtg Date Mtg Date Altg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PTV
SPONSOR'S The original contract was for 30% of engineering design and is nearly complete for the
SUMMARY roadway improvements on Southcenter Pkwy at Klickitat. This supplement will finish the
design and prepare plans, specifications, and estimates. Federal funds are expected but
have not been appropriated at this time.
REVIEWED BY COW Mtg CA &P Cmte El F &S Cmte Transportation Cmte
Utiltttes Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/13/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the supplemental agreement with HNTB.
COMMIrrEE Forward to COW and then Regular Council with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,982,996.00 $2,042,359.00 $0.00
Fund Source. 104 Commercial Streets (page 37, 2006 CIP)
Comments Mitigation and additional federal funding is anticipated.
MTG. DATE RECORD OF COUNCIL ACTION
2/27/06 Discussed at COW; forwarded to 3/6/06 Regular Meeting for final action.
3/6/06
MTG. DATE ATTACHMENTS
2/27/06 Information Memo dated February 21, 2006 (revised after TC)
Spreadsheet of Funding
Consultant's Scope of Work
Transportation Committee Meeting Minutes from February13,2 006
I 3/6/06 No attachments
COUNCIL AGENDA SYNOPSIS
ti
ITEMNO.
C tii ____��_��______I
N i t S Meeting Date Prepared by 1 .Mayor's review I Council review 1
VOr n` 2/27/06 I FI.tt''► _Aar' I rte,,
i 3/6/06 1 CCSS 1 �LR
ITEM INFORMATION
CAS NUMBER: 06-027 I ORIGINAL AGENDA DATE: FEBRUARY 27, 2006
AGENDA ITEM TITLE Time Warner Telecom Franchise Agreement
CATEGORY Dzscussion Motion Pesolutzon Ordinance Bzd Award Public Hearing Other
Mtg Date 2/27/06 Mtg Date Mtg Date Mtg Date 3/06/06 Mtg Date Mtg Date Alts Date
SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S Time Warner Telecom is requesting a franchise to install, operate, and maintain a fiber
SUMMARY optic system in the City's right -of way. The ordinance will renew their current locations
and add the route along E Marginal Way S from Interurban Ave S to S 133 St and then
continues east on S 133 St to Interurban Ave S. Other than accessing manholes and
pulling fiber, no other construction activity will occur in the City's right -of -way.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utihttes Cmte Arts Comm. Parks Comm. Planning Comm.
DALE: 2/22/06
RECOMMENDATIONS:
SPONSOR /ADMIN Approve Ordinance granting franchise.
CoMMrrrEE Forward to COW and then Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments
MTG. DATE I RECORD OF COUNCIL ACTION
2/27/06 1 Discussed at COW: forwarded to 3/6/06 Regular Meeting for final action.
3/36/06
MTG. DATE I ATTACHMENTS
2/27/06 1 Information Memo dated February 23, 2006 (revised after UC)
Ordinance with Exhibits
Utilities Committee Meeting Minutes from February 22, 2006
3/6/06 Qndi.nanr a rai Exh i hi f c
"
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE
FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON, LLC,
LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE
OF WASHINGTON,; FOR THE PURPOSE OF CONSTRUCTING,
OPERATING, AND MAINTAINING A TELECOMMUNICATIONS
TRANSMISSION LINE IN CERTAIN PUBLIC RIGHTS-OF-WAY IN
THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Time Warner Telecom of Washington, LLC hereinafter referred to as
"TWTC" is a competitive telecommunications company providing voice, data and
internet broadband access services; and
WHEREAS, TWTC's desired route through the City of Tuhvila, hereinafter
referred to as "City," requires the use of certain portions of City rights-of-way for the
installation, operation, and maintenance of a telecommunications system that includes
fiber-optic cables; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights-of-way for installation of telecommunications transmission lines 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, right-of-ways and
other public property, for transmission of communications, and
WHEREAS, TWTC was previously granted a three-year nonexclusive franchIse
(Ordinance 1961), which has since expired,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non-exclusive Franchise Granted.
A. The City hereby grants to TWTC, 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 an underground telecommunications transmission system, which includes
fiber-optic cable, 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 TWTC and shall III 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 TWTC provided,
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that such other franchIses do not unreasonably interfere with T\VTC's exercise of
franchise rights granted herein as determined by the City This Franchise shall in no
way interfere with existing utilities or in any way limit, prohibit or prevent the City
from using the franchise area, or affect the City's jurisdiction over such area in any way
Section 2, Authority The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement, and may develop such 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 TWTC shall have no rights under this Franchise
unless a written acceptance with the City is received pursuant to Section 4 of this
agreement. If TWTC requests a Franchise renewal prior to the expiration date, the City
may, at the City's sole discre,tion, 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 TWTC
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 TWTC to file said consent within 30 days of the effective date of
this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall
be considered mandatory and failure to abide by any conditions described herein shall
be deemed as non-compliance with the terms of this Franchise Agreement and may
result in some or all of the penalties specified in Section 6
A. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of
an emergency, TWTC shall within 24 hours of the emergency, obtain a permit from the
City of Tukwila Department of Public Works.
B. Coordination. A City inspector shall inspect all capital construction projects
performed by TWTC within the franchise area. 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 TWTC 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, TWTC 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
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City has determined that such removal, relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any City or other public improvement in or upon the
rights-of-way
2. TWTC 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 TWTC 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, TWTC shall
submit additional information to assist the City in making such evaluation. The City
shall give each alternative proposed by TWTC full and fair consideration. In the event
the City ultimately determines that there is no other reasonable alternative, TvVTC shall
relocate its facilities as otherwise provided in this section.
F Removal or Abandonment. Upon the removal from service of any fiber optic
system or other associated structures, facilities and amenities, TWTC 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 TWTC 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, TWTC shall upon the request of the City, furnish a bond executed by
TWTC 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 TWTC's obligations under this Franchise Agreement. At TWTC's sole
option, TWTC 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 shah be in the
form reasonably acceptable to the City The bond shall be conditioned so that TWTC
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 work
or materials discovered in the City's roads, streets, or property
H. "One-Call" Location & Liability. TWTC 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 TWTC's
system components or for interruptions in service to TWTC customers which are a
direct result of work performed for any City project for which TWTC 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 TWTC
system components or for interruptions in service to TWTC customers resulting from
work performed under a permit issued by the City .
1. As-Built Plans Required. TWTC 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 TWTC
pursuant to this Franchise Agreement. The City shall determine the acceptability of any
as-built submittals provided under this section.
J Recovery of Costs. TWTC shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise Agreement or
under ordinances of the City Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
been established, TvVTC shall pay such reasonable costs and expenses directly to the
City
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K. Vacation. If, at any time, the City shall vacate any City road, nght-of-way or
other City property which is subject to rights granted by this Franchise Agreement and
said vacation shall be for the purpose of acquiring the fee or other property interest in
said road, right-of-way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30
days written notice to TWTC, 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 TWTC by reason of such termination other than those
provided for in RCW 35.99
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by TWTC 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 notictt. If TWTC has not attained full compliance at the end of
the 3D-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 3~-day period.
B Emergency Actions.
1. If any of TWTC's actions, or any failure by TWTC to act to correct a
situation caused by TWTC, is deemed by the City to create a threat to life or property,
the City may order TWTC 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 TWTC and give TWTC an opportunity to correct said
threat before undertaking such corrective measures. TWTC 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 TWTC 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 TWTC to take appropriate action to correct a situation caused by
TWTC 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 TvVTC'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, TWTC
or its contractor shall immediately call 911 or other local emergency response number
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit
the City's available remedies in the event of TWTC's failure to comply with the
provisions of this Franchise Agreement, to include but not limited to, the City's right to
a lawsuit for specific performance and/ or damages.
D Removal of System. In the event that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, TWTC shall at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow TWTC to abandon its facilities in place.
Section 7. Insurance.
A. TWTC shall maintain liability insurance written on a per occurrence basis
during the full term of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B Such insurance shall specifically name, as additional insured, the City, its
officers, and employees; shall apply as primary insurance, shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
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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 \Nritten
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 \\'ritten notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve
TWTC 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 otheYVI'ise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No
such consent shall be required for a transfer in trust, by other hypothecation, or by
assignment or any rights, title, or interest in TWTC s fiber optic 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 TWTC to another person or entity controlling,
controlled by, or under common control with TWTC. TWTC may license fibers to other
users without the consent of the City provided that TWTC remains solely responsible
for the terms and conditions outlined in this Franchise Agreement.
B In any transfer of this franchise which requires the approval of the City, TWTC
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 actual and
reasonable 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.
TWTC 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 TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs
associated with the preparation, processing, and approval of this Franchise Agreement.
These costs shall include but not be limited to wages, benefits, overhead expenses,
equipment, and supplies associated with such tasks as plan review, site visits, meetings,
negotiations, and other functions critical to proper management and oversight of City's
right-of-way Administrative fees exclude normal permit fees as stipulated in Title 11 of
the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30
days after franchise approval.
C. In the event TWTC submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review, or inspection, TWTC shall reimburse City for franchise amendment and
expenses associated with the project. TWTC shall pay such costs within 30 days of
receipt of bill from the City
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D Failure by TWTC to make full payment of bills within the time specified shall
be considered sufficient grounds for the termination of all rights and privileges existmg
under this ordinance utilizing the procedures specified in Section 6 of this ordmance.
Section 11. Notices. Any notice to be served upon the City or TWTC shall be
delivered to the following addresses respectively-
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, W A 98188
TIME WARNER TELECOM
Attn. Tina Davis
10475 Park Meado'ws Dr
Littleton, CO 80124
Section 12, Indemnification.
A. TWTC 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\ TWTC 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 TWTC, its
officers, agents, servants or employees, carried on in the furtherance of the rights,
benefits, and privileges granted to TWTC by this Franchise. In the event any claim or
demand is presented to or filed with the City which gives rise to TWTC's obligation
pursuant to this section, the City shall within a reasonable time notify TvVTC thereof
and TWTC 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
TWTC's obligation pursuant to this section, the City shall promptly notify TWTC
thereof, and TWTC 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, TWTC 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 TWTC 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 TWTC and the City,
TWTC'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, TIVTC 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 TWTC's officers, agents or employees. This waiver is mutually negohated
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 juri?diction,
the City may, at its sole option, deem the entire ordinance to be affected and thereby
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nullified. However, in the event that a determmation 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, TWTC shall have the option to terminate the
Franchise Agreement.
Section 14, Reservation of Rights. The parties agree that this agreement is
intended to satisfy the requirements of all applicable laws, administrative guidelines,
rules, orders, and ordinances. Accordingly, any provision of this agreement or any
local ordinance which may conflict with or violate the law shall be invalid and
unenforceable, whether occurring before or after the execution of this agreement, it
being the intention of the parties to preserve their respective rights and remedies under
the law, and that the execution of this agreement does not constitute a waiver of any
rights or obligations by either party under the law
Section 15. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. TWTC 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. TWTC 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 TvVTC, shall thereafter govern TIVTC s
activities hereunder; provided, however, that in no event shall regulations:
A. materially interfere with or adversely affect TWTCs rights pursuant to and
in accordance with this Franchise Agreement; or
B be applied in a discriminatory manner as it pertains to TI^1TC 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 (5) days after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2006.
ATIE5T/ AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
Office of the City Attorney
ATTACHMENTS. EXHIBIT A, Time Warner Telecom Fiber Optic Systems
Project Description
EXHIBIT B, Franchise Agreement Acceptance Form,
Time Warner Telecom
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EXHIBIT A
Time Warner Telecom Fiber Optic System
Project Description: TIme Warner Telecom currently has a fiber optic system along
Interurban Avenue South. On Interurban Avenue South, the system continues east to
Boemg Access Road and heads north on Airport Way South mto Seattle
Time Warner Telecom intends to purchase conduit from McLeod USA and deploy fiber
optics. The conduit system is lOFated on East Margmal Way from Interurban Avenue
South to South 133rd Street, The system continues on South 133rd Street and travels east
to Interurban Avenue South. McLeod and Time Warner Telecom fiber optIc systems
are in common manholes at each tie-in points on Interurban Avenue South.
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EXIllBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
TIME WARNER TELECOM
Date.
City Of Tukwila
CIty Clerk's Office
6200 Southcenter Blvd
TukwIla W A 98188
Re: Ordinance
Adopted
Dear Ms. Cantu.
In accordance with and as required by Section 4 of City of Tukwila Ordinance
passed by the CIty Council and approved by the Mayor on
(the "Ordinance"), Time Warner Telecom, Inc. hereby accepts the terms, conditIOns and
obligations to be complied with or performed by it under the Ordinance,
Sincerely,
Signature
Printed Name & Title
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Tentative Agenda Schedule
MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4 -
- RE@UThAR C-.O~W. REGULAR C.O.W.
-
March 6 13 20 27
Executive Session Special Presentation.
See agenda packet - CAL'JCELLED - 6'00 PM Way Back Inn
cover sheet for this March 13th meeting (preceding Regular Meeting)
week's agendk cancelled due to Special Presentation.
(March 6, 2006 lack of quorum.
Regular meeting) - Community Pride
Award.
- Update on Tub-vila
Village
Appointments
- Community-oriented
Policing Citizens
Advisory Board
- Parks Commission
Public Hearing'
Zoning code
amendments
Unfinished Business:
- Zoning Code
amendments
- Land Use Permit Fee
Schedule
- Appeal fee ordinance
- Plumbing Code
April 3 10 17 24
Special Presentation.
2nd - Daylight savings Recognition of Gerry
time begins Myklebust, Tukwila
Police Dept., for 30
years of service to the
City
May 1 8 15 22
29th -
Memorial Day
(City offices closed) COMMITTEE OF THE
(also 5th Monday- WHOLE MEETING
no Council meeting TO BE FOLLOWED BY
scheduled) A SPECIAL MEETING
Upcoming Meetings & Events
MARCH 2006 I
6th (Mondav) 7th (Tuesday) 8th (Wednesday) 9th (Thursday) 10th (Fridav) I 11th (Saturday)
~ Finance & ;,. Chamber of I
Safety Crnte, Commerce Gov't. I
5:00 I'M & Community
(CR #3) Affairs Cmte.,
12:00 NOON i
:r City Council (Chamber Office)
Regular Mtg.,
7'00 I'M ;,. Arts Commission,
(Council 5:00 PM
Chambers) (Community
Center)
;,. Utilities Cmte,
5:00 PM
(CR#I)
13th (Monday) 14thCTuesday) l~th.. (Wednesday) 16th (Thursdav) 17th (Friday) I 18th (Saturday)
;,. Transportation ;,. Community ~ Crime Hot Spots ~ Domestic ~ Human Services Chipper Day
Cmte, Affairs & Parks Task Force Mtg., Violence Task Providers, 10'00 AM to
5:00 PM Crnte, 10:00 AM Force, IUO AM 1:00 PM
(CR #1) 5:00 PM (CR #5) 12:00 NOON (Community
(CR #3) (CR #5) Center) ...~
'--J
:r Civil Service > Parks 7Q~=i
Commission, Commission,
5:00 PM )> Highway 99 5.30 PM
(CR #3) Action Cmte, (Community
7:00 PM Center)
~ City COlfficil (Community
Cemmittee af Center) ~ Library Advisory
tile 'NAale Board,
Mtg. 7:00 PM
CANCELLED (Foster Library)
(due to lack of
quonon)
~ Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-431-2197
"Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly lvlatej at 206-767-2342.
~ Chamher of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206-575-1633.
>>Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to I :00 PM, at Foster High School's main
parking lot. Dispose ofprunings and plant materials ftom the long-homed beetle quarantine area. Drive your truckload of materials
to the parking lot and help will be provided to unload, chip, and dispose of materials ftee of charge. Be sure to bring your ID with
quarantine area address.
> City Council Committee of Whole (C.O.W) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
"City Council Regular Meeting: 1st & 3rd Mon., 7'00 PM, Council Chambers at City Hall.
> Civil Service Commission: 2nd Mon., 5:00 PM, Conr. Room #3 Contact Bev Willison at 206-433-1844.
~ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conr. Room #3
:r COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf. Rm #5. Marja Murray (206-433-7175)
:rCrime Hot Spots Task Force: 3rd Wed., 10'00 AM, Conr. Room #5 Contact Marja Murray at 206-433-7175
;;. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conr. Room #5 Contact Evie Boykan or Stacy Hansen at 206-433-7180.
> Equity & Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library
~ Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conr. Room #3 Agenda items for 3/6/06 meeting' (A) Recent grant
acquisitions
~Highway 99 Action Committee: 2nd Tues., 7:00 I'M, Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812.
;.. Human Services Advisory Brd: 2nd Fri. of even months, 10'00 MI, Human Services Office. Contact Evie Boykan at 206-433-7/80.
';.> Human Services Providers: Quarterly (2006 = 3117, 6/16, 9/15, and 12/8), 11.30 AM, TCC. Contact Stacy Hansen at 206-433-7/8/
"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
:r Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Kimberly lvfatej at 206-767-23-12
~ Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206-43/-3670.
> Sister City Committee: 1st Wed., 5.30 PM, Conr. Room #3 Contact Bev Willison at 206-433-1844.
~Transportation Committee: 2nd & 4th Mon., 5:00 PM, Conr. Room #1
:r Utilities Committee: 1st & 3rd Tues., 5:00 1':-'1, Conf. Room #1 Agenda items for 3/7/06 meeting: (A) Allentown/Foster Point
Water and Sewer Improvements Project Bid Award. (B) 2006-2007 construction management services