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Home My WebLink AboutUtilities 2010-03-23 COMPLETE AGENDA PACKETItem Current Agenda Review Presentation(s) Business Agenda City of Tukwila Utilities Committee Kathy Hougardy, Chair Joe Duffie Allan Ekberg A. Ordinance for Franchise Renewal AboveNet Communications B. Ordinance for Franchise Agreement PAETEC Holding Corp. AGENDA TUESDAY, MARCH 23, 2010 Time: 5 :00 PM Place: Conference Room #1 C. 2010 Annual Small Drainage Program Design Consultant Selection Agreement D. NPDES Program 2010 Stormwater Management Program 2009 Annual Report IV. Old Business Distribution: B. Giberson K. Hougardy F. Iriarte J. Duffle R. Tischmak A. Ekberg P. Brodin D. Robertson G. Labanara Mayor Haggerton R. Larson S. Lancaster M. Cusick K. Matej P. Lau D. Speck M. Mathia C. O'Flaherty S. Anderson M. Hart J. Howat S. Norris B. Still N. Olivas R. Still IV. Recommended Action A. Forward and the B. Forward and the C. Forward and the D. Information Only Future Agendas: Next Scheduled Meeting: Tuesday, April 13, 2010 to 4/12/10 C.O.W. 4/19/10 Regular to 4/12/10 C.O.W. 4/19/10 Regular to 4/12/10 C.O.W. 4/19/10 Regular Committee Goals: Study the feasibility and implementation of televised City Council meetings. Continue to foster relationships within local, regional, and state entities that encourage opportunities for joint partnership and outreach. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206 433 -0179 for assistance. S. Hunstock S. Kerslake M. Miotke J. Pace C. Parrish B. Arthur File Copy Single side to Ana 3 Extra Copies e -mail to B. Saxton, M. Hart, C. O'Flaherty, K. Narog, S. Norris and S. Kirby Page Pg. 1 Pg. 13 Pg. 25 Pg. 37 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: March 15, 2010 SUBJECT: AboveNet Communications Franchise Ordinance ISSUE AboveNet Communications Franchise Agreement renewal ordinance. BACKGROUND On December 12, 2006, City Council passed Ordinance No. 2145 (Franchise Agreement) authorizing AboveNet Communications to install, operate, and maintain a telecommunications system in the City's right -of -way. Ordinance No. 2145 expired on 12/12/09. AboveNet Communications (formerly Metromedia Fiber Network Services, Inc) is a telecommunications company that provides customized network solutions and high bandwidth connectivity. AboveNet's network is widely used in financial institutions, healthcare, government and businesses with significant bandwidth requirements. DISCUSSION AboveNet's fiber optic system was constructed in 2000 through joint fiber optic construction projects with 360 Networks, McLeodUSA Incorporated, and Williams Communications. As depicted in Exhibit A of the Franchise ordinance, AboveNet has an extensive fiber optic infrastructure in the City. AboveNet has no immediate construction plans to expand its infrastructure in Tukwila, but will need to continue operating in the City's right -of -way. The Franchise Agreement has been coordinated with the City Attorney's office. This Ordinance will grant AboveNet a franchise agreement with the City for an additional three years. RECOMMENDATION Approve Ordinance for a Franchise Agreement with AboveNet Communications and consider this item at the April 12, 2010 Committee of the Whole Meeting and subsequent April 19, 2010 Regular Meeting. Attachment: Draft Franchise Ordinance W:\PW Eng\PROJECTS \Franchise \Infomation Memo AboveNet Franchise.doc Jim Haggerton, Mayor DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO ABOVENET COMMUNICATIONS, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF- WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, AboveNet Communications, hereinafter referred to as "AboveNet," is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound region; and WHEREAS, AboveNet's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning and management of the City's rights -of -way 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 non exclusive franchises for the use of public streets, right -of -ways and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non exclusive Franchise Granted. A. The City hereby grants to AboveNet, subject to the conditions prescribed in this ordinance "Franchise Agreement the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City -owned rights -of -way, generally described in Exhibit A, and hereinafter referred to as the "franchise area." B. Such franchise shall not be deemed to be exclusive to AboveNet and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this franchise has been granted to AboveNet; provided, that such other franchises do not unreasonably interfere with AboveNet's exercise of franchise rights granted herein as determined by the City. This franchise 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 W:\ Word Processing Ordinances AboveNet Franchise Agreement.doc F1:ksn 03/17/2010 Page 1 of 9 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 AboveNet shall have no rights under this franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If AboveNet 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 AboveNet 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 AboveNet to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. 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, AboveNet shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. B. Coordination. All capital construction projects performed by AboveNet within the franchise area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance and restoration activities performed by or for AboveNet within the franchise area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. E. Relocation. 1. Whenever the City causes a public improvement to be constructed within the franchise area, and such public improvement requires the relocation of AboveNet's facilities, the City shall provide AboveNet with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and AboveNet shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. 2. To ensure timely execution of relocation requirements, AboveNet shall, upon written request from the City, provide at AboveNet's expense, base maps, current as- built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation W: \Word Processing Ordinances \AboveNet Franchise Agreement.doc Fl:ksn 03/17/2010 Page 2 of 9 procedures), and other design, technical or operational requirements within the timeframe specified by the City. 3. AboveNet may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights of way. The City shall evaluate such alternatives and advise AboveNet in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, AboveNet shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by AboveNet full and fair consideration. In the event the City ultimately determines there is no other reasonable alternative, AboveNet shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, AboveNet shall, at its own expense, unless otherwise prohibited by statute, and at the timeframe specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal,, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. 5. If during the construction, repair, or maintenance of City's public improvement project an unexpected conflict occurs from AboveNet's facilities, AboveNet shall upon notification from the City, respond within 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities, AboveNet shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by AboveNet may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, AboveNet shall, upon the request of the City, furnish a bond executed by AboveNet and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of AboveNet's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by AboveNet in the City rights -of -way. At AboveNet's sole option, AboveNet may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that AboveNet shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective AboveNet work or materials discovered in the City's roads, streets or property. H. "One -Call" Location Liability. AboveNet shall subscribe to and maintain membership in the regional "One- Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to AboveNet's system components or for interruptions in service to AboveNet customers which are a direct result of work performed for any City project for which AboveNet has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call The City shall also not be liable for any damages to the AboveNet system components or for interruptions in service to AboveNet customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. AboveNet shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close -out of any permits issued by the City and any work undertaken by AboveNet W:\ Word Processing \Ordinances \AboveNet Franchise Agreement.doc Fl:ksn 03/17/2010 Page 3 of 9 pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. AboveNet shall be subject to all permit fees associated with activities 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, AboveNet shall pay such reasonable costs and expenses directly to the City. K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of 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 AboveNet, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to AboveNet by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by AboveNet to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If AboveNet has not attained full compliance at the end of the 30- day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of AboveNet's actions, or any failure by AboveNet to act to correct a situation caused by AboveNet, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order AboveNet to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify AboveNet and give AboveNet an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. AboveNet shall be liable for all costs, expenses and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by AboveNet and shall further be liable for all costs, expenses and damages resulting to the City from such situation 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 AboveNet to take appropriate action to correct a situation caused by AboveNet and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of franchise terms. 2. If during construction or maintenance of AboveNet'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, AboveNet 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 AboveNet'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 this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, AboveNet shall, at its sole W:\ Word Processing Ordinances \AboveNet Franchise Agreement.doc FI:ksn 03/17/2010 Page 4 of 9 expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow AboveNet to abandon its facilities in place. Section 7. Insurance. A. AboveNet shall maintain liability insurance written on a per- occurrence basis during the full term of this franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and 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 thereunder; and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve AboveNet from any obligation to obtain approvals or necessary permits from applicable federal, state and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title or interest provided by this franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in AboveNet's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from AboveNet to another person or entity controlling, controlled by, or under common control with AboveNet. B. In any transfer of this franchise which requires the approval of the City, AboveNet shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any administrative costs associated with a transfer of this franchise which requires the approval of the City, shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the RCW, the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. AboveNet does hereby warrant that its operations, as authorized under this franchise, are those of a telephone business as defined in RCW 82.04.065. B. AboveNet shall be subject to 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. W:\ Word Processing Ordinances AboveNet Franchise Agreement.doc F1:ksn 03/17 /2010 Page 5 of 9 C. In the event AboveNet submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, AboveNet shall reimburse City for franchise amendment and expenses associated with the project. AboveNet shall pay such costs within 30 days of receipt of bill from the City. D. Failure by AboveNet to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or AboveNet shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 AboveNet 360 Hamilton Avenue 7th Floor White Plains NY 100601 Section 12. Indemnification. A. AboveNet shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation and maintenance of its structures and facilities. AboveNet shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable 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 AboveNet, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to AboveNet by this franchise. In the event any claim or demand is presented to or filed with the City which gives rise to AboveNet's obligation pursuant to this section, the City shall within a reasonable time notify AboveNet thereof and AboveNet shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to AboveNet's obligation pursuant to this section, the City shall promptly notify AboveNet thereof, and AboveNet shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, AboveNet may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require AboveNet to: 1. protect and 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 AboveNet and the City, AboveNet's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this franchise 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, AboveNet expressly waives its immunity under Title 51 of the RCW, the Industrial Insurance Act, for injuries to its officers, agents and W:\ Word Processing \Ordinances \AboveNet Franchise Agreeunent.doc FL:ksn 03/17/2010 Page 6 of 9 employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of AboveNet's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by AboveNet, to enforce the remaining provisions of the ordinance, AboveNet shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this 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. AboveNet shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations and Specifications. AboveNet acknowledges that the City may develop rules, regulations and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to AboveNet, shall thereafter govern AboveNet's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect AboveNet's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to AboveNet and other similar user of such facilities. Section 17. Effective Date. This ordinance or a surrunary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A Description Exhibit B Acceptance Form W:\ Word Processing Ordinances \AboveNet Franchise Agreement.doc FI:ksn 03/17/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 7 of 9 EXHIBIT A AboveNet route descriptions within the City of Tukwila (2) 1 1/4" conduits within the 360 Networks joint build beginning at the south City limits on West Valley highway northerly approximately 2.22 miles to the intersection of West Valley Highway, Grady Way and Interurban Ave. Populated with (1) 432ct fiber optic cable. (2) 1 1/4" conduits within the 360 Networks joint build continuing westerly along SW Grady Way approximately .2 miles to the eastern City limits. Populated with (1) 432ct fiber optic cable (2) 1 '/4" conduits within the 360 Networks joint build from the intersection of SW Grady Way, West Valley Highway and Interurban Ave northerly approximately 3.16 miles to the intersection of Interurban Ave and E Marginal Way S. Populated with (1) 864ct fiber optic cable. Note: There is no cable placed between S 133 St and E Marginal Way S along Interurban Ave. (2) 1 1/4" conduits within the 360 Networks joint build from the intersection of Interurban Ave and E Marginal Way S northerly approximately .63 miles to the intersection of E Marginal Way S and S Boeing Access Rd. Populated with (1) 432ct fiber optic cable. (2) 1 1/4" conduits within the 360 Networks joint build from the intersection of S Boeing Access Rd easterly approximately .23 miles to the intersection of S Boeing Access Rd and Airport Way S at the northern City limits. Populated with (1) 432ct fiber optic cable. (8) 1 /2" conduits within the McLeod joint build from the intersection of Interurban Ave and S 133 St westerly approximately .36 miles, then continuing northerly along E Marginal Way S approximately 1 mile to the intersection of E Marginal Way S and Interurban Ave. Populated with (1) 864 ct fiber optic cable. Note: There is no cable placed between S 124 St and S 120 St along E Marginal Way S. (8) 1 1/4' conduits from the intersection of E Marginal Way S and S 124 St westerly approximately .13 miles. Populated with (1) 864 Ct fiber optic cable. (4) 1 /2" conduits within the Williams joint build from the intersection of S 130 St and Pacific Highway S northerly approximately 1.41 miles to the intersection of Pacific Highway S and E Marginal Way S, then continuing northerly on E Marginal Way S approximately 1.9 miles to the north City limits. ABOVENET Fiber Optic System Map Exhibit A-1 Date: City of Tukwila City Clerk's Office 6200 Southcenter Blvd Tukwila, WA 98188 Re: Ordinance Adopted Dear Ms. O'Flaherty, In accordance with and as required by Section 4.A of City of Tukwila Ordinance No. (the "Ordinance passed by the City Council and approved by the Mayor on AboveNet hereby accepts the terms, conditions and obligations to be complied with or performed by it under the ordinance. Sincerely, Signature Printed Name Title EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORM ABOVENET COMMUNICATIONS W:\ Word Processing Ordinances \AboveNet Franchise Agreement.doc Fl:kst 03/17/2010 Page 9of9 TO: Mayor Haggerton Utilities Committee J FROM: Public Works Director 6- DATE: March 12, 2010 SUBJECT: PAETEC Holding Cora Franchise Agreement Ordinance ISSUE PAETEC Holding Corporation (PAETEC) requests franchise approval to install, operate, and maintain a fiber optic system in the City's right -of -way. BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor PAETEC is a telecommunications company that provides an extensive suite of data, Internet protocol (IP) based solutions, voice communications, network security, customer premises equipment and managed services. Founded in 1998, the company expanded its services nation -wide and currently serves over 80 percent of the nation's top 100 metropolitan areas. DISCUSSION In 2008, PAETEC acquired the fiber optic assets of McLeodUSA Incorporated. The fiber optic system is described in Exhibit A of the proposed Franchise Agreement. PAETEC currently has no immediate construction plans, but will need to operate in the City's right -of -way to access hand holes, pull fiber and perform maintenance operations. The Franchise Agreement has been coordinated with the City Attorney's Office. This Ordinance will grant PAETEC a franchise agreement with the City for three years. RECOMMENDATION Approve Ordinance for a Franchise Agreement with PAETEC Holding Corporation and consider this item at the April 12, 2010 Committee of the Whole Meeting and subsequent April 19, 2010 Regular Meeting. Attachment: Draft Franchise Ordinance W:\PW Eng \PROJECTS \Franchise \Infomation Memo PAETEC Franchise.doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO PAETEC HOLDING CORPORATION, AN IOWA CORPORATION LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, PAETEC Holding Corporation, hereinafter referred to as "PAETEC," is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound region; and WHEREAS, PAETEC'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 system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local business and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning and management of the City's rights -of -way 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 non exclusive franchises for the use of public streets, right -of -ways and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non exclusive Franchise Granted. A. The City hereby grants to PAETEC, 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 PAETEC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this franchise has been granted to PAETEC; provided, that such other franchises do not unreasonably interfere with PAETEC'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 W: \Word Processing \Ordinances \PAETEC Franchise Agreenent.doc FI:ksn 03/17/2010 Page 1 of 9 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 PAETEC shall have no rights under this franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If PAETEC 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 PAETEC 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 PAETEC 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, PAETEC shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. B. Coordination. All capital construction projects performed by PAETEC within the franchise area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance and restoration activities performed by or for PAETEC 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. Whenever the City causes a public improvement to be constructed within the franchise area, and such public improvement requires the relocation of PAETEC's facilities, the City shall provide PAETEC with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and PAETEC shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. 2. To ensure timely execution of relocation requirements, PAETEC shall, upon written request from the City, provide at PAETEC's expense, base maps, current as- built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation W: \Word Processing Ordinances \PAETEC Franchise Agreement.doc F1:ksn 03/17/2010 Page 2 of 9 procedures), and other design, technical or operational requirements within the timeframe specified by the City. 3. PAETEC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within the time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights of way. The City shall evaluate such alternatives and advise PAETEC 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, PAETEC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by PAETEC full and fair consideration. In the event the City ultimately determines there is no other reasonable alternative, PAETEC shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, PAETEC shall, at its own expense, unless otherwise prohibited by statute, and at the timeframe specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. 5. If during the construction, repair, or maintenance of City's public improvement project an unexpected conflict occurs from PAETEC's facilities, PAETEC shall upon notification from the City, respond within 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities, PAETEC 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 PAETEC 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, PAETEC shall, upon the request of the City, furnish a bond executed by PAETEC 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 PAETEC's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by PAETEC in the City rights -of -way. At PAETEC's sole option, PAETEC 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 PAETEC 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 PAETEC work or materials discovered in the City's roads, streets or property. H. "One- Call" Location Liability. PAETEC 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 PAETEC's system components or for interruptions in service to PAETEC customers which are a direct result of work performed for any City project for which PAETEC 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 PAETEC system components or for interruptions in service to PAETEC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. PAETEC 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 PAETEC W: \Word Processing Ordinances \PAETEC Franchise Agreement.doc FI:ksn 03/17/2010 Page 3 of 9 pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. PAETEC 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, PAETEC shall pay such reasonable costs and expenses directly to the City. K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of 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 PAETEC, 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 PAETEC by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by PAETEC 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 PAETEC has not attained full compliance at the end of the 30- day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of PAETEC's actions, or any failure by PAETEC to act to correct a situation caused by PAETEC, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order PAETEC to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify PAETEC and give PAETEC an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. PAETEC 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 PAETEC 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 PAETEC to take appropriate action to correct a situation caused by PAETEC and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of franchise terms. 2. If during construction or maintenance of PAETEC'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, PAETEC 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 PAETEC'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 this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, PAETEC shall, at its sole W:\ Word Processing \Ordinances \PAETEC Franchise Agreement.doc FJ:ksn 03/17/2010 Page 4 of 9 expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow PAETEC to abandon its facilities in place. Section 7. Insurance. A. PAETEC 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 thereunder; and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve PAETEC from any obligation to obtain approvals or necessary permits from applicable federal, state and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title or interest provided by this franchise shall not be sold, transferred, assigned or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title or interest in PAETEC's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from PAETEC to another person or entity controlling, controlled by, or under common control with PAETEC. B. In any transfer of this franchise which requires the approval of the City, PAETEC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any administrative costs associated with a transfer of this franchise which requires the approval of the City, shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the 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. PAETEC 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. PAETEC 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. W: \Word Processing \Ordinances \PAETEC Franchise Agreement.doc Fl:ksn 03/17 /2010 Page 5 of 9 C. In the event PAETEC submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, PAETEC shall reimburse City for franchise amendment and expenses associated with the project. PAETEC shall pay such costs within 30 days of receipt of bill from the City. D. Failure by PAETEC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or PAETEC shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 PAETEC Attn: ROW Department One Martha's Way Hiawatha IA 52233 Section 12. Indemnification. A. PAETEC 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. PAETEC 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 PAETEC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to PAETEC by this franchise. In the event any claim or demand is presented to or filed with the City which gives rise to PAETEC's obligation pursuant to this section, the City shall within a reasonable time notify PAETEC thereof and PAETEC 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 PAETEC's obligation pursuant to this section, the City shall promptly notify PAETEC thereof, and PAETEC 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, PAETEC 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 PAETEC 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 PAETEC and the City, PAETEC'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, PAETEC expressly waives its immunity under Title 51 of the RCW, the Industrial Insurance Act, for injuries to its officers, agents and W:\ Word Processing Ordinances \PAETEC Franchise Agreement.doc FI:ksn 03/17/2010 Page 6 of 9 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 PAETEC'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, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by PAETEC, to enforce the remaining provisions of the ordinance, PAETEC 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. PAETEC 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. PAETEC 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 PAETEC, shall thereafter govern PAETEC's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect PAETEC's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to PAETEC 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachments: Exhibit A Description Exhibit B Acceptance Form W: \Word Processing Ordinances \PAETEC Franchise Agreement.doc FI:ksn 03/17/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 7 of 9 EXHIBIT A PAETEC HOLDING CORPORATION Fiber Optic System PAETEC's primary Fiber Optic System in Tukwila begins at the northern City limit on Airport Way and continues south to Boeing Access Road. On Boeing Access Road, the System heads west to East Marginal Way South then south on East Marginal Way to Interurban Avenue South where it continues south on West Valley Highway to the southernmost limit of the City. PAETEC also has a Fiber Optic System that begins 300 feet north of the intersection of Interurban Avenue South and East Marginal Way South. On Interurban Avenue South, the System travels south on Interurban Avenue South to the intersection of Interurban and East Marginal Way then continues south on East Marginal Way to South 133 Street to the intersection of South 133 Street and Interurban Avenue South tying into the primary Fiber Optic System described above. PAETEC Fiber Optic System Map Exhibit A-1 Date: City of Tukwila City Clerk's Office 6200 Southcenter Blvd Tukwila, WA 98188 EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORM PAETEC HOLDING CORPORATION Re: Ordinance Adopted Dear Ms. O'Flaherty, In accordance with and as required by Section 4.A of City of Tukwila Ordinance No. (the "Ordinance passed by the City Council and approved by the Mayor on PAETEC hereby accepts the terms, conditions and obligations to be complied with or performed by it under the ordinance. Sincerely, Signature Printed Name Title W: \Word Processing Ordinances \PAETEC Franchise Agreement.doc FI:ksn 03/17/2010 Page 9 of 9 City of Tukwila Mayor Haggerton Utilities Committee FROM: Public Works Director-''/* TO: Attachments: Location Map Consultant Rating Sheet Consultant Agreement INFORMATIONAL MEMORANDUM DATE: March 15, 2010 SUBJECT: 2010 Annual Small Drainage Program Project No. 10 -DR01 Consultant Recommendation Agreement ISSUE Approve KPG, Inc. to design the 2010 Annual Small Drainage Program. Jim Haggerton, Mayor BACKGROUND The Annual Small Drainage Program repairs surface water projects that are identified through maintenance activities as well as citizen complaints. This year, we are proposing the design of three projects for construction in 2010. DISCUSSION The Public Works staff reviewed the list of known system deficiencies and compiled a list of three projects for design and construction in 2010. The three projects selected are: 1. Gilliam Creek Regional Detention Facility Install safety railing and access platform. 2. Gilliam Creek, S 154 Street Crossing Reconstruct existing rack structure and provide ramp access. 3. Tukwila International Blvd Replace existing failed 18" CMP with new pipe. The current consultant roster was reviewed and three firms were short- listed to design the selected three projects. The firms were: KPG Inc., PACE Engineers, and RW Beck. The firm's Summary of Qualifications were evaluated and scored. KPG, Inc. was selected as the firm that best met the requirements of this type of project. KPG, Inc. has designed the Annual Small Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG, Inc. has a good working relationship with the Washington Department of Fish and Wildlife, is knowledgeable of City requirements, remains flexible to design changes, and continues to complete design within the budget. It is recommended that KPG Inc. design the 2010 Annual Small Drainage Program for a fee of $47,990.16. BUDGET SUMMARY Contract Budaet Design 47,990.16 50,000.00 RECOMMENDATION The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $47,990.16 for the 2010 Annual Small Drainage Program and consider this item at the April 12, 2010 Committee of the Whole meeting and subsequent April 19, 2010 Regular Meeting. W \PW Eng \PROJECTSW- DR Projects \10 -DR01 (2010 SDP) \Design \INFORMATION MEMO Storm Ordinance doc 2010 Annual Neighborhood Drainage Program Map e V`eW h= -co, Gholce. 2 second P Qualifica 20'I 0 S ,rd Ghoicel cho ;ce. vant Project Experience Rel� Creek work Experie with NPA Small S cale Projects schedule an d within Bu project on Ability to keep prof Mem b e rs Availability of Key Team Project Team Plan P rocess Braina9e System Knowledge of City TOTA` otal score is best) Firm Rik_ Best) 1 1 gala 1 2 3 2 2 8 10 2 2 2 3 CONSULTANT AGREEMENT FOR DRAINAGE DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and KPG, Inc., hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform drainage design services in connection with the project titled 2010 Annual Neighborhood Drainage Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 365 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $47,990.16 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its 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 any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall 2 be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc. 753 9th Avenue N. Seattle, WA 98109 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2010 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Nelson Davis, KPG Principal Title: Attest /Authenticated: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney 4 Exhibit A City of Tukwila 2010 Annual Small Drainage Program Scope of Work March 3, 2010 KPG The Consultant shall prepare base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: Gilliam Creek Regional Detention Facility Install safety railing and access platform on existing detention outlet structure. Site 2: Gilliam Creek, S 154 Street crossing Remove and replace existing trash rack on inlet structure immediately south of S 1 54 1 Street. Regrade channel and /or provide ramp to improve access for maintenance. Site 3: Tukwila International Boulevard Existing drainage from the west of TIB and south of lntergate Gate West frequently plugs and causes flooding across TIB. Remove existing 18" CMP and replace with 18" HDPE pipe with debris barrier for inlet protection. Work on these projects shall include any necessary survey, alternative analyses, quantity estimating and cost estimating to complete the projects. Surveyed base maps and horizontal utility locations will be provided for sites 2 and 3. Asbuilt drawings and field measurements will be used for base conditions on the outlet structure for Site 1. Project horizontal and vertical datum's will be assumed on all projects. The Consultant shall assist the City with a SEPA checklist and JARPA application for Sites 1 and 2. It is our understanding that none of the projects will require biological assessments, additional permits, detention facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with no special studies or extensive coordination. It is anticipated that the projects will be bid as one package for the 2010 Small Drainage Program. The Consultant shall perform base mapping, permit agency coordination, utility coordination, and preliminary design and cost estimating for each of the project sites to assist the City with prioritization for the bid package. Projects will be prioritized based on available budget and other factors (such as permit complexity, utility City of Tukwila 2010 Annual Small Drainage Program 1 of 2 KPG March 3, 2010 relocation needs, easements, etc.) to achieve a realistic schedule and project listing for the 2010 Small Drainage Program. Exhibit A For the 2010 Small Drainage Program, the Consultant shall submit 50% (plans and estimate only) and 90% plan, specification, and estimate submittals for City review prior to bidding. The City may reprioritize the projects based on estimated costs and available budget. Deliverables: The Consultant shall provide the following deliverables: Distribution of 50% Plans to utilities 2010 Small Drainage Program: 10 copies, 50% Plans and Estimates 5 copies, 90% Plans, Specifications and Estimates Full size mylar copy of Final Plans 10 copies, 1 /2 size Final Plans (Bond) 10 copies, Final Specifications 1 copy, Final Engineers Estimate Coordination and upload to BXWA.com The City shall provide the following items: Property owner contact information As built drawings for Site 1 detention structure Plan reviews and comments Easement negotiations, if required. Fees associated with advertisement on BXWA.com City of Tukwila 2010 Annual Small Drainage Program 2 of 2 KPG March 3, 2010 HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila 2010 Annual Small Drainage Program Task Description Task 1 '2OiO Small Drainage Program 1.1 Management/Coordination/Administration 8 0 1.2 Topographic survey utility locates 1.3 Field reviews 4 8 1 1.4 Prepare Plano 8 sheets) Gilliam C Regional Dt Gilliam Creek, 5 154th Street Crossing 7�w@a��nn��xm/8ou�vond Prepare Detail Sheets Subconsultant coordination 1.5 2009 Smalt Drainage Program Prepare 50% 90% Review Submittals Utility coordination Quantity and Cos Estimating Prepare Specifications Finalize Bid Documents Reimbursable expenses see breakdown for details Labor Hour Estimate Project Project Survey Manager i Engineer Field Crew Technician Clerical i 2 10 2 10 2 20 u 8 8 4 4 8 0 4 2 8 1 2 8 2 4 Task Totals 34 124 03/16/2010 0 0 8 24 16 O 0 4 `O 0 24 0 0 16 0 i$ 0 16 J 0 10�— U- 0 i 4 0 8 —4 8 4$ 0 2 8 0 r 8 4 24 120 22 0 O O 0 O Architecture Landscape Architecture Civil Engineering Total Fee Fee 1,971.68 6,686.56 1,995.72 4,436.18 3,681.46 4,135.74_ 2,772.90 1,995.72 2,649.12 592.30 2,018.18 1,539.50 1,839.94 6,200.00 HOUR AND FEE ESTIMATE City of Tukwila ram Program -Total Fee Project: 2010 Annual Small Drains Labor Hour Estimate P roject Survey Clerical Project Fee Engineer Field Crew i Technician j rival Manager 113.57 140.00 tion 177 A5 Description 1,916.$5 4 t_ 4 2,156. Task 2J 8 8 2 1,302. 1 8 0 2 100.00_ 0 75.16 Task 2 Perm Ctt 5 with SEPA checklist 4 2.1 Assist City licattons 0 12 t with JA_RPA app 20 47,990. 2.2 Assist City FW. coordination Assist City with W see breakdown for details Fee: 2.3 Y expenses Total Estimated F Reimbursable exp Task Totals Task 2 Permitting Mileage Reproductio EXHIBIT B Reimbursable Breakdown Task 1 2010 Small Drainage Program Mileage Reproduction o f Site 1 Fabr Task 1 Total Gravitec Technical supp Task 2 Total ICI. Cr Architect Landscape Architecture C4vil Engineering Cost 200.00 1,000. 5,000. 6,200 50.00 50.0 100.00 City of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Director. DATE: March 16, 2010 INFORMATIONAL MEMORANDUM SUBJECT: NPDES Proaram Project No. 93 -DR10 2010 Stormwater Management Program and 2009 Annual Report RECOMMENDATION Information only. Attachment: 2010 Stormwater Management Program (SWMP) 2009 Annual Report W: \PW Eng \PROJECTS\A- DR Projects \93 -dr10 (NPDES Program)\2009 Annual Report\INFO MEMO 2010 SWMP 8 2009 Annual Report gl.doc Jim Haggerton, Mayor ISSUE Review the City's 2010 Stormwater Management Program and the 2009 National Pollutant Discharge Elimination System (NPDES) Annual Report. BACKGROUND The National Pollutant Discharge Elimination System (NPDES) requires the City to implement a comprehensive Stormwater Management Program (SWMP), which complies with the requirements outlined in the City's NPDES Phase II permit that became effective February 16, 2007. The conditions of the permit require that the City develop a SWMP and submit annual reports to the Department of Ecology outlining our progress by March 31 of each year. DISCUSSION The Stormwater Management Program is updated annually to reflect any required changes and to provide greater detail as various programs are fully developed. Once submitted to the Department of Ecology, this plan will be used to determine whether permit obligations are being met. Attached is the updated 2010 Stormwater Management Program. The final program will be completed by August 19, 2011. In addition, staff completed the 2009 Annual Report that reflects activities completed by the City in 2009. The annual report must be signed by the City Administrator and both documents must be sent to the Department of Ecology by the reporting deadline of March 31, 2010. City of Tukwila Stormwater Management Program 2010 Annual Update City of Tukwila Stormwater Management Program March, 2010 City of Tukwila Stormwater Management Program Table of Contents 1. INTRODUCTION 3 2. NPDES PHASE II PROGRAM COMPONENTS 4 2.1 Public Education and Outreach 4 2.2 Public Involvement and Participation 6 2.3 Illicit Discharge Detection and Elimination 7 2.4 Controlling Runoff from New Development, Redevelopment, and Construction Sites 10 2.5 Pollution Prevention and Operation and Maintenance for Municipal Operations 11 2.6 Monitoring 14 3. CONCLUSION 16 City of Tulnaila Stormwater Management Program 2 of 16 March, 2010 1. INTRODUCTION The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies. In Washington, the NPDES delegated permit authority is the Washington State Department of Ecology (DOE). The City must comply with the Phase II Municipal Stormwater Permit. This document was prepared by the City of Tukwila to meet the requirements for a Stormwater Management Program (SWMP) as required by the NPDES Phase II Permit issued by DOE. The SWMP was developed to outline the reduction of pollutant discharges from the City's Municipal Separate Storm Sewer System (MS4). The Permit allows discharge of stormwater runoff from municipal drainage systems into the state's waterbodies (i.e., streams, rivers, lakes, wetlands, etc.) as long as municipalities implement programs to protect water quality by reducing the discharge of "non -point source" pollutants to the "maximum extent practicable" (MEP). In addition, the City must meet "all known and reasonable treatment" (AKART) through application of Permit specified "best management practices" (BMPs). The practices specified in the Permit are collectively referred to as the SWMP and grouped under the following program components: o Public Education and Outreach o Public Involvement and Participation o Illicit Discharge Detection and Elimination o Controlling Runoff from New Development, Redevelopment and Construction Sites o Pollution Prevention and Operation and Maintenance for Municipal Operations The Permit requires that the City report annually (by March 31 of each year) on the SWMP implementation from the prior year. The Permit also requires submittal of documentation that describes proposed program activities for the coming year. As of December 31, 2009, the City meets the initial Permit requirements. City of Tukwila Stormwater Management Program 3 of 16 March, 2010 2. NPDES PHASE II PROGRAM COMPONENTS Tukwila is defined as a Phase II community by the Washington State Department of Ecology, and therefore, is required to comply with the requirements of the Phase II National Pollution Discharge Elimination System Stormwater (NPDES) Permit. Phase II communities are those that: o Own and operate a storm drain system o Discharge to surface waters of the state o Are located in urbanized areas o Have a population of more than 1,000. Phase II communities were required to complete a NPDES Phase II Stormwater Permit Application and submit to DOE by March 10, 2003. The NPDES Phase II Permit (Permit) was issued to Tukwila on January 17, 2007 and went into effect on February 16, 2007. The Permit was modified on June 17, 2009 and expires on February 15, 2012. As stated, the major program components listed in the Permit are as follows: o Public Education and Outreach. o Public Involvement and Participation. o Illicit Discharge Detection and Elimination. o Controlling Runoff from New Development, Redevelopment and Construction Sites. o Pollution Prevention and Operation and Maintenance for Municipal Operations. The following sections describe each of the program components and how the City is currently addressing each requirement and the City's future planned activities. In general, the City of Tukwila is currently performing all required NPDES Phase II Permit activities and has programs in place to address future requirements. 2.1 PUBLIC EDUCATION AND OUTREACH 2.1.1 Permit Requirements Section S5.C.1 of the Phase II permit requires that the City provide an educational and outreach program for the area served by its MS4 no later than 2/15/2009. The purpose of this program is to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. The educational program will target audiences including: the general public, businesses, industries, elected officials, policy makers, planning staff, engineers, maintenance staff, and other City employees. Records of public education and outreach activities including measurements of understanding and adoption of targeted behaviors need to be tracked and maintained throughout the Permit's duration. City of Tukwila Stormwater Management Program 4 of 16 March, 2010 2.1.2 Current Activities The City currently has an active public educational and outreach program that uses a variety of approaches to inform residents and businesses about stormwater related pollution- prevention activities. The City uses many resources for educational information such as DOE's Hazardous Waste and Toxics Reduction Program, Environmental Protection Agency's Region 10 Pacific Northwest, King County's Department of Natural Resources and Parks, Water Resource Inventory Area 9, and local environmental organizations. The City's current educational activities consist of the following activities: 1. Water Course Signing The City has placed and maintains signs at all stream crossings to educate pedestrians and motorists of the location of local streams. Signs read "This Stream Is In Your Care 2. Catch Basin Labeling All new public or private catch basins are required by City standards to be labeled with a torch down pavement decal stating "Dump No Waste Drains to Stream All paving projects, both private and public, that pave around an existing catch basin are required to label all catch basins with a torch down pavement decal stating "Dump No Waste Drains To Stream All inlet castings are required by City standards to be labeled "Outfall to Stream Dump No Pollutants 3. City Newsletter Article The City of Tukwila publishes a newsletter 5 times a year and includes articles concerning stormwater related topics at least 4 times a year. Typical topics covered include: o Car Washing o Illegal dumping of materials in storm drains o Landscape chemicals o Proper disposal and methods of reducing household hazardous wastes 4. Water Quality Brochures The Public Works Department has brochures and publication handout materials available and on display that include the following topics: o Spill Kit Pilot Program, Stormwater Education for Businesses o Puget Sound Shoreline Stewardship Guidebook o Disposing of Hazardous Wastes Information Card o Hazardous Waste Directory o Ecology Shoptalk, Spills -Who do you call? City of Tukwila Stormwater Management Program 5 of /6 March, 20 /0 5. User Surveys The City will conduct annual surveys to targeted audiences that measures the public's understanding of surface water related topics. Information obtained from the survey will be used to guide future education and outreach programs. 6. Regional Outreach Participate in the King County's regional outreach forum, STORM, on an ongoing basis to share ideas on public education efforts. 2.1.3 Planned Activities The City will continue all current public education and outreach activities listed above and will add the following activities in 2010: 1. Additional Water Quality Brochures o Ecology Five Steps to Natural Yard Care. o Pet waste brochures that specifically address stormwater pollution prevention. o Environmental Protection Agency's information sheet regarding oil /water separators. 2.2 PUBLIC INVOLVEMENT AND PARTICIPATION 2.2.1 Permit Requirements This program component requires that the City include ongoing opportunities for public involvement through advisory councils, committees, and participation in developing rate structures, and environmental activities. In addition, the public will have opportunities to aid in the development of the City's SWMP, annual report(s) and other submittals. 2.2.2 Current Activities The City has several ongoing public involvement and participation activities that compliment and work with the City's public education and outreach activities. These activities include the following: 1. City Website The City makes available all required pennit submittals as well as stormwater planning documents for public information and comment. Posted information includes: o General NPDES information o Annual NPDES Reports o Annual SWMP updates o City Infrastructure Design and Construction Standards o Surface Water Studies o Illicit discharge contact information City of Tukwila Stormwater Management Program 6 of 16 March, 2010 o Council and Committee agenda o City news articles 2. Public Meetings The City uses the following public meetings for all contracts, required submittals, programs, and budgets related to NPDES: o City Council o Committee of the Whole o Utilities Committee 2.2.3 Planned Activities The City will continue all current public involvement and participation activities listed above. No additional activities are planned at this time. The City will update all required NPDES information including the 2010 SWMP and 2009 Annual Report on its website (www.ci.tukwila.wa.us /nubwks /nudes /Tukwila) by March 31 of each year. Any other submittals required by the Permit will also be posted as necessary on the website. 2.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE) 2.3.1 Permit Activities The City is required to implement an ongoing program to detect and remove illicit connections, discharges, and improper disposal, including any spills not under the purview of another responding authority, into the MS4 owned or operated by the City. The goals and requirements of the program are as follows: o Develop a municipal storm sewer system map that includes information on the City's MS4 (e.g. outfalls, receiving waters, connection points, areas that don't discharge to surface water, etc.). o Effectively prohibit, through ordinance or other regulatory mechanism, non stormwater, illegal discharges, and dumping into the City's MS4, including locating priority areas likely to have illicit discharges. o Develop and implement a program to detect and address non stormwater discharges, spills, illicit connections, and illegal dumping into the City's MS4. o Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper waste disposal. o Implement procedures for program evaluation and assessment which includes a program to track spills and illicit discharges (both number and type), record inspections made and any feedback received from public education effort. o Provide appropriate training to City employees on IDDE into the City's MS4. o Establish a hotline number for public reporting of spills and other illicit discharges. Maintain a record of all calls received and actions taken. City of Tukwila Stormwater Management Program 7 of 16 March, 2010 2.3.2 Current Activities The City currently has several of the elements required for an IDDE program in place and others will be developed as required. Current activities include the following: 1. Outfall Mapping The City began a geographic information system (GIS) mapping program in 2003 that has mapped approximately 80% of the City. All receiving water body outfalls have been mapped. The City has funding in place to complete mapping by the required permit deadline of 2/15/2011. This program includes mapping all public surface water pipes 8" and larger and obtaining system information such as pipe invert, condition, and material. All GIS information is then added to the City's GIS Database and is available for staff use. The information is also provided upon request to the public. 2. Reporting Hotline The City has an advertised reporting phone number, (206) 433 -1860, where illegal dumping and spills can be reported. 3. Training Program The City has implemented a training program that consisted of the following activities: o Staff training was conducted on August 25, 2009 for 33 employees, which consisted of office engineers, field engineers, inspectors, and code enforcement personnel. o Staff training for street, stone, sewer, and water department personnel. 4. Video Inspection The City's Surface Water Maintenance's video inspection program is divided into four zones. Zone three was inspected in 2009 using video equipment to inspect the areas storm water piping. Illegal pipe connections and questionable discharges are investigated and corrective measures are taken when warranted. 5. Car Wash Program As part of the City's ongoing public education program, a SudSafe Car Wash program is in place. All organized car charity car washing events must use this program. 6. Spill Response Kit The City has a Spill Response Kit Program that targets potentially polluting activities. City of Tukwila Stormwater Management Program 8 of 16 March, 2010 2.3.3 Planned Activities The City will continue all current IDDE activities listed above. In addition to these activities, the City will implement the following activities in 2010: 1. Outfall Mapping The City will complete Area 6 of our GIS mapping program. 2. IDDE Ordinance The City adopted a new IDDE Ordinance that fully complied with NPDES Permit requirements on 2/16/2010. 3. Prioritize Receiving Waters for Visual Inspection The City has prioritized three outfalls, one within the Green River and two within the Duwamish River, for visual inspection and for potential future testing. The characteristics of the outfalls are: o Strander Blvd This outfall drains a portion of the Tukwila Urban Center which is a highly developed commercial center. The discharge area contains primarily office and retail businesses as well as City storm drainage. o Allentown (S. 122 outfall) This outfall drains the majority of the Allentown neighborhood which is primarily made up of single family residents and City roadways. The area is an older neighborhood and surface waters are discharged directly into the Duwamish River without treatment. o South 104 Outfall This outfall drains industrial facilities along a portion of East Marginal Way South. Surface waters are discharged into the Duwamish River without treatment. 4. Training Program The City will continue a staff training program that will consist of the following activities: o Staff training for all new employees and any additional field personnel missed during the last training session. o Staff training review for all field personnel directly involved with IDDE. 5. Reporting Hotline The City will evaluate the existing hotline procedures to determine if this method is working as intended. City of Tukwila Storniwater Management Program 9 of 16 March, 2010 2.4 CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES 2.4.1 Permit Requirements The Phase II Permit requires that the City develop, implement, and enforce a program to reduce pollutants in stormwater runoff to its MS4 from any new development, redevelopment, and construction site activities that result in a land disturbance of greater than or equal to one acre including projects less than one acre that are part of a larger common plan of the development or sale. The minimum elements included in this program are: o An ordinance or other regulatory mechanism to address runoff from new development, redevelopment, and construction site projects. City codes, ordinances and development specifications may require smaller sites to comply with these requirements as well. o Develop and implement a permit process with plan review, inspection, and enforcement capability including adequate long -term operation and maintenance of the stormwater facilities and infrastructure. o Develop and implement procedures for documenting inspections and enforcement actions. o Make available copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity for representatives of new developments and redevelopments. o Develop and implement a training program for staff responsible for implementing the program to control stormwater runoff from new development, redevelopment and construction sites including permitting, plan review, construction site inspections and enforcement. 2.4.2 Current Activities The City has an active program to reduce pollutants in stormwater runoff from new development, redevelopment, and construction site activities. The existing program applies to both public and private projects, including roads. The current compliance activities associated with the above permit requirements are summarized below: 1. Construction Site Inspection All sites are inspected by the City prior to the start of construction and track and maintain inspections and enforcement actions by staff. 2. Design Standards The City uses the minimum design standards of the 1998 King County Surface Water Design Manual with an option to use DOE's Surface Water Management Manual for Western Washington. City of Tukwila Stormwater Management Program /0 of 16 March, 2010 3. Construction Standards The project plans, City's Infrastructure Design and Construction Standards, and WSDOT Standard Specifications for Road, Bridge, and Municipal Construction are used for construction standards. 4. Enforcement TMC 8.45 provides for a system of escalating enforcement procedures necessary to sustain the existing codes and standards throughout the construction and development process. 5. Notice of Intent The City provides Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development or redevelopment projects. 2.4.3 Planned Activities The City's NPDES Stormwater Permit requires that the City adopt new stormwater design standards that are equivalent to the Department of Ecology's 2005 Surface Water Design Manual. The City's planned 2010 activities will include this requirement. Specific activities that will be accomplished in 2010 are: 1. Adopt through ordinance the 2009 King County Surface Water Design Manual by 2/15/2010. Subtasks involved with this process include: o Complete consultant tasks of analyzing existing City codes and procedures to determine what needs to be changed to adopt the 2009 King County Surface Water Design Manuel. o Updating the TMC and engineering components to reflect the new King County manual. o Update the City's Public Works Standards to reflect standard changes. o Reviewing and updating the City's plan review, inspection, and enforcement procedures as necessary. o Conducting staff training on implementing the City's plan review, inspection, and enforcement procedures. 2. When visiting sites, create an open forum for: o Discussing types of pollution- prevention techniques. o Educating project personnel of impacts of pollution. City of Tukwila Storniwater Management Program 11 of 16 March, 2010 2.5 POLLUTION PREVENTION AND OPERATION AND MAINTENANCE FOR MUNICIPAL OPERATIONS 2.5.1 Permit Requirements This minimum control measure requires that the City provide a pollution prevention and operation and maintenance program including a training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. All elements of the operations and maintenance program must be in place by February 16, 2010. The minimum elements included in this program component are: 1. Establishinent of maintenance standards that are as protective, or more protective, of facility functions than those specified in Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western Washington. The purpose of the maintenance standards is to determine if maintenance is required on a particular facility or structure. If maintenance is deemed necessary during inspection, the following schedule is required for completion of the required maintenance: o Within 6 months for typical maintenance o Within 9 months for maintenance requiring re- vegetation o Within 1 year for wet pool facilities and retention /detention pond o Within 2 years for maintenance that requires capital construction of less than $25,000. 2. The City will develop an annual inspection program for flow control facilities and will do spot checks after major storm events for damage. 3. The inspection program will include inspections of all catch basins and inlets in the MS4 before the Permit expiration date. 4. Inspections will be documented with the work needed or completed on the stormwater facilities according to the Permit requirements for reporting. 5. The City will develop and implement a program to reduce the stormwater impacts from streets, parking lots, roads, highways, and other lands owned, operated or maintained by the City, including road maintenance. 6. The City will develop and implement a training program for City employees whose job functions may impact stormwater quality. 7. The City will develop a Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment maintenance yards and material storage facilities owned or operated by the City that is not required to have coverage under the Industrial Stormwater General Permit. City of Tukwila Stormwater Management Program 12 of 16 March, 2010 2.5.2 Current Activities The City has an active pollution prevention and operation and maintenance program implemented by the City's Surface Water Maintenance Division. This program includes the following activities: 1. Catch Basin Inspection The City will inspect all catch basins and inlets owned and operated by the City at least once before the end of the permit term (minimum 5 -year rotating schedule). If the catch basin has over 6 inches of deposited sediment in the sump, it will be cleaned. 2. Conveyance System Inspection/Cleaning The City's piped stone drainage system has been delineated into zones by the Public Works staff. Pipe system maintenance is scheduled by zone, and each zone is maintained on a 3 to 5 -year cycle. This includes repair of all pipes and catch basins, with particular attention given to chronic problem areas and areas for which complaints have been received from citizens. 3. Flow /Water Quality Facilities The City inspects all surface water flow control and water quality facilities on an annual basis. Maintenance is performed as needed and includes vegetative control, structure repair, and sediment removal. Maintenance is performed at least once every 10 years, or as needed through the current inspection and compliant processes. 4. Drainage Complaints The City responds to all stormwater- related complaints. Complaints are submitted to the City through Requests for Action (RFAs), Environmental Report Tracking System (ERTS), City Council meetings, letters, e- mails, and telephone calls. These complaints are forwarded to the appropriate division and /or to the respective property owner /project site. 5. Problem Areas Maintenance staff keeps an informal list of problem areas occurring in the City's ditch system. These problem areas are maintained every 3- to 5- years. 6. Video Inspection The City maintains an annual closed circuit television (CCTV) inspection schedule of its existing pipeline system to help identify illegal connections to drainage systems and damaged sections of pipe. This information is used to schedule repairs and further investigate illicit discharges and connections. 7. Hazardous Material Spills Tukwila Fire Department responds to hazardous material spills. Though City maintenance crews are often the first group to respond to spill complaints, they are limited to the use of absorbent pillows and oil absorbing particulate materials. City of Tukwila Stortnwater Management Program 13 of 16 March, 2010 2.5.3 Planned Activities The City will continue with all programs and procedures currently in place. In addition to these the City will conduct the following activities in 2010: 1. Procedural Review o The City will review and revise, when necessary, all current practices that reduce impacts from runoff or maintenance activities associated with municipally owned or operated streets, parking lots, and roads. o The City will develop and implement a more formalized plan for inspection and documentation of all catch basins, inlets, stormwater treatment and flow control facilities owned and operated by the City. The plan will include performing spot checks on potentially damaged permanent treatment and flow control facilities after major storm events. 2. SWPPP for Tukwila Golf Links The City will develop a SWPPP for the Tukwila Golf Links. This SWPPP will implement measures to reduce stormwater impacts including pollutant discharges from all the areas owned by the City. The City will also implement on -going training programs for employees and document the completed training. 2.6 MONITORING 2.6.1 Permit Requirements Permittees are required to prepare for the implementation of a comprehensive long -term monitoring program under the next permit term. The program includes two components: stormwater monitoring and targeted SWMP effectiveness monitoring. The Permittees are not required to conduct water quality sampling or other testing during this permit term, with the following exceptions: o Water quality monitoring required for compliance with TMDLs (Total Maximum Daily Pollutant Loads). o Any sampling or testing required for characterizing illicit discharges pursuant to the Illicit Discharge Detection and Elimination section of the permit. 2.6.2 Current Activities The City currently has several of the elements required for a monitoring program in place and others will be developed as required. Current activates include the following: 1. TMDL Monitoring A TMDL has not been established for the City of Tukwila, so monitoring is not required at this time. City of Tulcwila Stormwater Management Program 14 of 16 March, 2010 2. Outfalls The City has developed and maintains a map of all MS4 outfalls as part of our GIS mapping program. 2.6.3 Planned Activities The City will continue with all programs and procedures currently in place. In addition to these the City will conduct the following activities in 2010: 1. Monitoring Plan Develop a monitoring plan for the current and future Permit water quality monitoring conditions that contain the following elements: o Prioritize three receiving waters for visual inspection o Conduct field assessment on at least one high priority water body o Summarize annual monitoring activities for the Annual Report and update the SWMP. City of Tukwila Stormwater Management Program 15 of 16 March, 2010 CONCLUSION This Surface Water Management Program has been prepared to demonstrate compliance with the requirements of the NPDES Phase II Permit and outline planned activities for 2010. This SWMP will be a working document until the final plan is to be completed by August 19, 2011. There are multiple tasks that the City is undertaking to align itself with the Permit requirements and many elements that need to be accomplished and built upon. The Public Education and Outreach Program has been implemented and exciting opportunities exist to be even more creative in developing a program that reaches out with useful information that will benefit the general public, business district, and industrial community. The City has an ongoing Illicit Discharge Detection and Elimination Program in place and will continue to update it with staff training, enforcement of the IDDE ordinance, and distribute additional educational materials. With the knowledge base that the City has in place, controlling runoff from new development, redevelopment, and construction sites will now be more manageable. With the use of various SWPPP's, including the 2009 King County Surface Water Design Manual, the City has a program in place that meets its obligation of pollution prevention for municipal operations. Additional information on the City's NPDES program can be found online at http: /www.ci.tukwila .wa.us /pubwks /npdes.html. (W:PW Eng/Projects /A- DR/93 -dr10 /2009 Annual Report /SWMP 2010) City of Tukwila Stormwater Management Program 16 of 16 March, 2010 I. Permittee Information Permittee Name City of Tukwila Contact Name Greg Villanueva Mailing Address 6300 Southcenter Blvd. City Tukwila Email Adddress gvillanueva @ci.tukwila.wa.us II. Regulated Small MS4 Location Jurisdiction City of Tuklwila Major Receiving Water(s) Green River III. Relying on another Governmental Entity If you are relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and briefly describe the permit obligation(s) they are implementing on your behalf below. Attach a copy of your agreement with the other entity to provide additional detail. Name of Entity: Permittee Coverage Number WAR04 -5544 Phone Number 206 431 -2442 State WA Entity Type: Check the box that applies County City /Town Other X Permit Obligation(s): Zip 4 98188 -8548 IV. Certification All annual reports must be signed and certified by the responsible official(s) of permittee or co- permittees. Please print and sign this page of the reporting form and mail it (with an original signature) to Ecology at the address noted below. An electronic signature will not suffice. I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations. Name Title City Administrator Date Name Title Date Name Title Date Name Title Date Name Title Date Question VI. Status Report Covering Calendar Yr: 2009 Jurisdiction Name: City of Tukwila PLEASE indicate reporting year and your jurisdiction in Line 1, above. PLEASE refer to the INSTRUCTIONS tab for assistance filling out this table. NOTE: Items that have future compliance dates must still be answered to indicate status. NOTE: For clarification on how to answer questions, place cursor over cells with red flags. NOTE: Highlighted items indicate requirements that are due in 2009. PLEASE review your work for completeness and accuracy. Save this worksheet as you go! 1. Attached annual written update of Permittee's Stormwater Management Program (SWMP), including applicable requirements under S5.A.2 and S9? 2. Attached a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee's geographic area of permit coverage during the reporting period, and implications for the SWMP as per S9.E.3? 3. Implemented an ongoing program for gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities? (S5.A.3) 4. Began tracking costs or estimated costs of the development and implementation of the SWMP? (Required no later than January 1, 2009, S5.A.3.a) Y/NI Comments (50 word limit) Name of Attachment NA Page if applicable Y Y Y Y SWMP included with this annual report as well See attached SWMP as posted to the City's website. 2009 annexation and incorporation of Ordinance No. 2241 annexing approximately 259 acres resulting in an "Tukwila South Project increase of permit coverage. Property Implementation of the program has been ongoing since 2008 with continued growth through 2009. Page 1 of 21 Question 5. SWMP includes an education program aimed at residents, businesses, industries, elected officials, policy makers, planning staff and other employees of the Permittee? (Required to begin by February 15, 2009, S5.C.1) 6. Distributed appropriate information to target audiences identified in the area served by the MS4? (Required to begin by February 15, 2009, S5.C.1.a) 7. Tracked the types of public education and outreach activities implemented. (Required to begin by February 15, 2009, S5.C.1.c) 7b. Number of activities implemented: 8. Measured the understanding and adoption of the targeted behaviors among at least one targeted audience in at least one subject area. (Required to begin by February 15, 2009, S5.C.1.b) 9. Provided opportunities for the public to participate in the decision making processes involving the development, implementation and updates of the Permittee's SWMP? (Required by February 15, 2008, S5.C.2.a) 10. Developed and implemented a process for public involvement and consideration of public comments on the SWMP? (Required by February 15, 2008, S5.C.2.a) YIN! Comments (50 word limit) Name of Attachment NA Y Y Education program began in 2008 and is ongoing through 2009. Use of a variety of approaches to educate residents, businesses,employees and policy makers of the implacts of stormwater pollution. Stormwater education for residents and business has started and is ongoing. Y Tracking number of public education activiities began in 2008. 3 Hazelnut newsletter, Spill Kits, Suds Safe. Mailed survey to residential audience for the purpose of measuring the understanding of practices that impact the stormwater system. Y Y Public involvement meetings held as part of the Utility Committee Meeting (3/03/08) and Committee of the Whole (3/24/08). These meetings are always open to the public. Public involvement is encouraged via City web site, Utilities Committee meetings, site visits, and interaction at the Public Works counter. Page 2 of 21 Page if applicable Question Y /NI Comments (50 word limit) Name of Attachment 11. Made the most current version of the SWMP available to the public. (S5.C.2.b) 12. Posted the SWMP and latest annual report on your website. (S5.C.2.b) 12b. NOTE website address in Attachment field: 13. Initiated or implemented an ongoing program to detect and remove illicit connections and illegal discharges into the Permittee's MS4? (Required August 19, 2011, S5.C.3) 14. Developed and currently maintain a map of your MS4? (Required by February 16, 2011, S5.C.3.a) 14b. Initiated a program to develop and maintain a map of all connections to the MS4 authorized or allowed by the Permittee after the Permit effective date? (S5.C.3.a.ii) 15. Map shows the location of all known municipal separate storm sewer outfalls, receiving waters and structural stormwater BMPs owned, operated, or maintained by the Permittee? (Required by February 16, 2011, S5.C.3.a.i) 16. Map shows all storm sewer outfalls with a 24 inch nominal diameter or larger, or an equivalent cross sectional area for non -pipe systems and includes tributary conveyances, associated drainage areas and land use? (Required by February 16, 2011, S5.C.3.a.i) NA Y Y NA NA Y NA NA A copy of the most current SWMP is available both on -line and at City Hall upon request. The SWMP and latest annual report is posted on the City's website and email address is provided for public comment. www.ci. tukwila.wa.us /pubwks /npdes.html This program element is not required until August 2011. Program in process. This program element is not required until February 2011. Information collected to date is available upon request. A consultant has been hired to udate the City's GIS maps and develop a program to ensure the map is kept current. Area 6 of 7 is currently being mapped (Areas 1 through 5 completed). This program element is not required until February 2011. This program element is not required until February 2011. Page 3 of 21 Page if applicable Question Y /N/ Comments (50 word limit) Name of Attachment 17. Map shows geographic areas served by the Permittee's MS4 that do not discharge stormwater to surface waters? (Required by February 16, 2011, S5.C.3.a.iii) 18. Map has been made available upon request? (S5.C.3.a.iv) 19. Developed and implemented regulatory actions necessary to effectively prohibit non stormwater, illicit discharges into the Permittee's MS4? (Required by August 15, 2009, S5.C.3.b) 20. Developed and implemented an ongoing program to detect and address non stormwater illicit discharges, including spills, and illicit connections into the Permittee's MS4? (Required by August 19, 2011, S5.C.3.c) 21. Developed procedures for locating priority areas likely to have illicit discharges, including at a minimum: evaluating land uses and associated business /industrial activities present; areas where complaints have been registered in the past; and areas with storage of large quantities of materials that could result in illicit discharges, including spills? (Required by August 19, 2011, S5.C.3.c.i) NA NA Y N NA NA This program element is not required until February 2011. The most current GIS map of surface and storm water known locations are available upon request. Upon review, the existing Surface Water Management Ordinance did not completely meet the IDDE requirements. A new IDDE ordinance will be adopted by February 2010 that will meet IDDE requirements. This program element is not required until February 2011. This program element is not required until August 2011. Page 4 of 21 Page if applicable Question Y/NI Comments (50 word limit) Name of Attachment 22. Implemented field assessment activities, including visual inspection of priority outfalls identified during dry weather, and for the purposes of verifying outfall locations, identified previously unknown outfalls, and detected illicit discharges? (Required by August 19, 2011, S5.C.3.c.ii) 23. Prioritized receiving waters for visual inspection? (Required by February 16, 2010, S5.C.3.c.ii) 24. Conducted field assessments for three high priority water bodies? (Required by February 16, 2011, S5.C.3.c.ii) 25. Conducted field assessments on at least one high priority water body? (Required annually after February 16, 2011, S5.C.3.c.ii) 26. Developed and implemented procedures for characterizing the nature of, and potential public or environmental threat posed by, any illicit discharges found by or reported to the Permittee? (Required by August 19, 2011, S5.C.3.c.iii) 27. Developed and implemented procedures for tracing the source of an illicit discharge; including visual inspections, and when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, and/or other detailed inspection procedures? (Required by August 19, 2011, S5.C.3.c.iv) NA NA NA NA NA NA NA This program element is not required until August 2011. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until August 2011. This program element is not required until August 2011. Page 5 of 21 Page if applicable YIN' NA Question Developed and implemented procedures for 28. the source of the discharge, ro riate including notification of app p erty owner; authorities; notification of the prop the technical assistance for eliminating discharge; follow -up inspections; and al actions if the escalating enforcement ands e R aired by discharge is not eliminated. q August 19, 2011, S5.C.3.c.v.) businesses, and 29. 'Informed public employees, the general public of hazards associated with es and improper disposal of illegal discharges Augus 19, 2011, waste? (Required by S5.C. anon to target Distributed appropriate inform 30. u audiences identified 19, 2011, S5.C.3.d. pursuant to S5.C• (Required by of spills and other Publicized a hotline or other local telephone 31. public reporting number for p by February 15, illicit discharges (Required 2009, S5.C.3.d.ii) 31b. Number of hotline calks received: ons taken in response 31c. Number of follow to calls: orting number 32 Maintained a hotline f ill c t disphaxge for public reporting February 15, including spills? (Required by 2009, S5.C.3.d.ii) 32b. NOTE hotline number in Comments field 33 Tracked the number of illi� t e aired by including spills, identified. R q A 19, 2011, S5.C.3.e) NA NA NA Comments (50 word limit) This program element is not required until August 2011. 10 19 This program element is not required until August 2011. ram element is not required until This p ro 9 August 2011. However, efforts to in orm targeted audiences are underway. A hotline phone number (206-L33 -1860) has been added to the City b bsite, des.html and ww w_ci.tukwila.w a.uslp the survey. (206) 433 -1860 began June, 20 Tracking illicit discharges beg Page 6 of 21 Name of Attachment Page if applicable Question Y /NI Comments (50 word limit) Name of Attachment NA Page if applicable 33b. Number of illicit discharges identified: 10 34 Tracked the number of inspections made for NA This program element is not required until illicit connections? (Required by August 19, 2011, S5.C.3.e) 34b. Number of inspections: 35 Received feedback from IDDE public NA This program element is not required until education efforts? (Required by August 19, 2011, S5.C.3.e) 36 Attached report on IDDE public education NA This program element is not required until efforts? (Required by August 19, 2011, S5.C.3.d, S5.C.3.e) 37 Municipal field staff responsible for Y Field Staff trained August 15, 2009. identification, investigation, termination, cleanup, and reporting of illicit discharges, improper disposal and illicit connections are trained to conduct these activities? (Required by August 15, 2009, S5.C.3.£i) 37b. Number of trainings provided: 3 Three training sessions provided. 37c. Number of staff trained: 33 38 Provided follow -up training as needed to NA This program element is not required until address changes in procedures, techniques or requirements? (Required by August 15, 2009, S5.C.3.f.i) 38b. Number of trainings provided: 0 38c. Number of staff trained: August 2011. August 2011. August 2011. August 2011. Page 7 of 21 Question 39 Developed and implemented an ongoing training program on the identification of an illicit discharge /connection, and on the proper procedures for reporting and responding to the illicit discharge/ connection for all municipal field staff, which, as part of their normal job responsibilities, might come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system? (Required by February 16, 2010, S5.C.3.f.ii.) 39b. Number of trainings provided: 39c. Number of staff trained: 40 Developed, implemented and enforced a program to reduce pollutants in stormwater runoff to a regulated small MS4 from new development, redevelopment and construction site activities? (Required by February 16, 2010, S5.C.4) 41 Applied stormwater runoff program to all sites that disturb a land area 1 acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (Required by February 16, 2010, S5.C.4) 42 Applied stormwater runoff program to private and public development, including roads? (Required by February 16, 2010, S5.C.4) Y /N/ Comments (50 word limit) Name of Attachment NA Page if aplicable NA This program element is not required until February 2010. NA NA 0 This program element is not required until February 2010. This program element is not required until February 2010. NA This program element is not required until February 2010. Page 8 of 21 Question 43 Applied the Technical Thresholds in Appendix 1 to all sites 1 acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (Required by February 16, 2010, S5.C.4) 44 Adopted and implemented regulatory mechanism (such as an ordinance) necessary to address run -off from new development, redevelopment and construction site activities? (Required by February 16, 2010, S5.C.4.a) 45 Retained existing local requirements to apply stormwater controls at smaller sites or at lower thresholds than required pursuant to S5.C.4? (S5.A.4) 46 The ordinance or other enforceable mechanism includes the minimum requirements, technical thresholds, and definitions in Appendix 1 (or an equivalent approved by Ecology under the NPDES Phase I Municipal Stormwater Permit) for new development, redevelopment, and construction sites? (Required by February 16, 2010, S5.C.4.a.i) Y /N/ Comments (50 word limit) Name of Attachment NA Page if applicable NA This program element is not required until February 2010. NA Y NA 47 The ordinance or other enforceable mechanism NA This program element is not required until includes exceptions and variance criteria February 2010. equivalent to those in Appendix 1? (Required by February 16, 2010, S5.C.4.a.i., and Section 6 of Appendix 1) This program element is not required until February 2010. City requires small sites to provide stormwater plans with required elements and meet stormwater control measures. This program element is not required until February 2010. Page 9 of 21 YIN/ Comments (50 word limit) Page alicable Y! NA element is not required until Question This program bons or Variances to the minimum NA February 2010. 48 Were em Appendix 1 granted? requirements in App 2010, SS.C.4.a.i., (Required by February 16, and Section 6 of Appendix 1) 0 element is not required until anted? This program 4 49 If so, how many were granted? NA February 2010. The ordinance or other enforceable and BMPnrsm 49 planning process includes a site p n criteria that, when used to selection and design in i uirements implement the minimum re q ro ved s by Appendix 1 (or equivalent app will protect Ecology under the Phase I Permit) water quality, reduce the discharge oacticable aximum extent p pollutants to the m requirement under and satisfy the State req l all known Chapter 90.48 RCW to apply available and reasonable methods of prevention, control and treatment F prior to discharg ebruary 16, e? (Required by 2010, S5.C.4.a.ii) 49b. Cite documentation to meet this requirement in Attachment field: e ordinance or other enforceable h the anism NA provides the leg 50 Th legal authority, through ment, to approval process for new develop private stormwater facilities that insp ect p ittee's MS4? (Required discharge to the Perm 4.a.iii} b February 16, 2Q10, S5.C. This program element is not required until February 2010. Question 51 The ordinance or other enforceable mechanism allows non structural preventive actions and source reduction approaches such as Low Impact Development (LID) Techniques to minimize the creation of impervious surfaces and minimize the disturbance of native soils and vegetation? (Required by February 16, 2010, S5.C.4.a.iv) 52 If the ordinance or regulatory mechanism allows construction sites to apply the Erosivity Waiver in Appendix 1, Minimum Requirement #2, does it include appropriate, escalating enforcement sanctions for construction sites that provide notice to the Permittee of their intention to apply the waiver but do not meet the requirements (including timeframe restrictions, limits on activities that result in non stormwater discharges, and implementation of appropriate BMPs to prevent violations of water quality standards) to qualify for the waiver? (If waiver is allowed, the qualification is required by February 16, 2010, S5.C.4.a.v) YIN/ Comments (50 word limit) NA Name of Attachment Page if applicable NA This program element is not required until February 2010. NA This program element is not required until February 2010. Page 11 of 21 Question 53 Developed and implemented a permitting process to address runoff from new development, redevelopment and construction site activities with plan review, inspection, and enforcement capability? (Required by February 16, 2010, S5.C.4.b) 54 Applied permitting process to all sites that disturb a land area 1 acre or greater, including projects less than one acre that are part of a larger common plan of the development or sale? (Required by February 16, 2010, S5.C.4.b) 55 Reviewed Stormwater Site Plans for new development and redevelopment projects? (Required by February 16, 2010, S5.C.4.b.i) 55b. Number of site plans reviewed during the reporting period: 56 Inspected, prior to clearing and construction, all known development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Potential? (Required by February 16, 2010, S5.C.4.b.ii) 56b. Number of qualifying sites inspected prior to clearing and construction during the reporting period: YINI NA NA NA NA 0 NA Comments (50 word limit) Name of Attachment Page if applicable This program element is not required until February 2010. This program element is not required until February 2010. City reviews os stormwater site plans are under current program. City reviews stormwater site plans under current program. This program element is not required until February 2010. City performs similar inspections under current program. This program element is not required until February 2010. City performs similar inspections under current program. Page 12 of 21 Question ected construction -phase stonnwater 57 Insp permitted development controls at all known errnroper sites during construction to verify paired installation and maintenance ontrols? required by erosion and sediment February 16, 2010, S5.C•4.b•iii) 57b. Number of sites inspected during the construction phase for the reporting period: YIN! NA NA based on the inspection 58 Enforced as necessary at new development and redevelopment nt projects? (R by February 16, 2010, S5.C.4.b.iii) Number of enforcement actions taken during 58b 59 Inspected q period: s the reporting p ualifying permitted development NA tesup prior ites upon completion of construction and proper to final approval or occupancy water controls installation of permanent storm water such as stormwater facilities and structural R uired by February 16, 010, BMPs? q S5. C 4.b.iv and v) qualifying sites known during the 59b. Number of reporting period' inspected during 59c. Number of q ualifying sites the reporting p eriod: plan is completed and 60 Verified a maintenance p ed for responsibility for maintenance is a deb ary 16, qualifying projects? (Required by 2010, S5.C.4.b.iv) NA Comments (50 Word limit) element is not required until This program February 2010. City performs similar inspections under current program. element is not required until This program February 2010. element is not required until This program February 2010. ram element is not required until 0 This prop Fe ru uired until This program element is not req February 2010. NA b ary 2010. ram element is not required until This p ro 9 February 2 element is not required until This progra February 2 element is not required until This program February 2010. Page 13 of 2 Name of Attachme►« Page if�applicable Question Y /N/ Comments (50 word limit) Name of Attachment 61 Enforced regulations as necessary based on the inspection? (Required by February 16, 2010, S5.C.4.b.iv) 61b. Number of enforcement actions taken during the reporting period: 62 Developed and implemented an enforcement strategy to respond to issues of non- compliance with the regulations for qualifying projects? (Required by February 16, 2010, S5.C.4.b.vi) 63 Did the Permittee choose to allow construction sites to apply the Erosivity Waiver in Appendix 1, Minimum Requirement #2? (S5.C.4.b.vii) 63b. If yes, how many waivers were allowed 64 Developed and implemented a long -term operation and maintenance (O &M) program for post construction stormwater facilities and BMPs? (Required by February 16, 2010, S5.C.4.c) 65 Adopted an ordinance or other regulatory mechanism that clearly identifies the party responsible for maintenance, requires inspection of facilities and establishes enforcement procedures? (Required by February 16, 2010, S5.C.4.c.i) 66 Inspected post construction stormwater controls, including structural BMPs, at new development and redevelopment projects? (Required by February 16, 2010, S5.C.4.c) NA NA NA N 0 NA NA NA This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. Page 14 of 21 Page if applicable Question 66b. Number of sites inspected during the reporting period: 66c. Number of structural BMPs inspected during the reporting period: 66d. Number of enforcement actions taken during the reporting period: 67 Established maintenance standards that are as protective, or more protective, of facility function as those specified in Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western Washington? (Required by February 16, 2010, S5.C.4.c.ii) 68 Performed timely maintenance as per S5.C.4.c.ii? (Required by February 16, 2010, S5.C.4.c.ii) 68b. Attached documentation of any maintenance delays. (Required by February 16, 2010, S5.C.4.c.ii) 69 Established program to annually inspect all stormwater treatment and flow control facilities (other than catch basins) permitted by the Permittee according to S5.C.4.b. unless there are maintenance records to justify a different frequency? (Required by February 16, 2010, S5.C.4.c.iii) 70 If using reduced inspection frequency, Attached documentation as per S5.C.4.c.iii? (Required by February 16, 2010, S5.C.4.c.iii) Y/NI Comments (50 word limit) Name of Attachment NA NA NA NA NA NA 0 City performs similar inspections under current program. City performs similar inspections under current program. City provides enforcement action under current program. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. This program element is not required until February 2010. Page 15 of 21 Page if applicable watex treatment d l Ins pected all new stoat-twofer or operated, flow contro facilities own residential basins for new ding cat art of a larger including is t h a t are a p sale, ever}' 6 devemopn1elan. of development or Dose neon p d of beavaeSt h common the per o followi mont during 2 e ars 1 to Y m aintena nce subdivision vision ppr to id m su bdivision approval) with com pliance Re wired 'ne eds and enforc needed. standards as by maintenance e ary 16, 2010, ,5.C.4•c•iv) by February the ....---7- ....---7- during er o f facilities inspected �A 1b• Nun b D d k rec repo rting pen procedure for �nplemented as d enforcement actions by 72 a ctions orts warning of inspectio i Te Qther enforcement staff, including notices v iolation s, fetters, of ce inspections and �ebruaxy maintenance (Required Y 'records, m e activities m aintenan ce C 4.d) 16, 2410' S 5 t for Notice of intent t 3 -Provided copies of the Notice of Intent ction Activity and representatives f Ira of f o Ind Activity to rep for Industrial development and n ew proposed SS.0 4 e) re d e velopm ent. i (50 word limit) 'YIN! IGocn NA mm e l is not required until This progra ebruarY 20 10 similar inspections under current urrent City perform unt�i program' of require Thi rogram is is n This p Febru 20 10. readily available and ents are vaib laatila le and These dodcum into a pre -App ill be inserted Y1t31 NA Question 74 the All staff responsible for implement unin from program to control redevelopment, and new development, a permitting, plan construction sites, including p review, construction site inspections, and ese enforcement were trained e wady 16t 2010, activities? (Required by S5.C.4.0 provided: 74b. Number of training s p 74c. Number of staff trained: erations and and implemented an op 75 Developed O &M) program that includes a mainntenten ance training component and has ollutant runoff from of preventing or reducing p municipal o perations? erations? (Required by 16, 2010, S5.C.5) Adopted maintenance standards as protective, 76 A p of facility function as those or more protective, specified in Chapter 4 of Volume V of the Management Manual for 2005 Stormwater M n Re aired by February Western Washington q 16, 2010, S5.C.5.a) 77 performed timely maintenance as per S5.C.5.a.ii? (Required by February 16, 2010, S5 maintenance 77b. Attached documentation February 16, 201 delays. (Requir S5.C.5.a.ii) NA NA Comments (50 word limit) element is not required until This program February 2010. NA NA NA element is not required until This program February 2 element is not required until This program February 2010. element is not required until This program February 2010. ram element is not required until This prog February 2 Name of Atta lica Page i f a NA inspect and program to annually 7w�pesnt1in a p wa twined all stone ter treatment and flow than ca tch basin maintained other C.4.c.iii) control facilities lb, 2010, S5. (Rewired by pebruaty 'known ber of known inspected during the 8b Nu of facilities '78c. period uency' re porting p inspection f ?e 5 .a.ii? g reduced insp ex en 79 if using documentation asp C.5 b) Attached d 16 2 010, S5 Required by February NA �of stonnwat crlities of checks Febru 80 Conducted spot s? (Required by 16, after major storm 2 010, S5.C• f acilitieS� dutingthe bet of known s-. Sob.. Nu m r of facilities inspected NA 80c. oxting period: w end erased catch ox op --jrep Inspected munic f ote the end of the 81 once b b February 16, 2010 SS.C•S.d) basins at least (Required Y permit term? (Req �atchbas 81b. Numb of ctions: 81c. Num bexo f catch basins cleaned= m Comments (5 0 word limit) �YlN! NA ram element is not required until f his pC °g February 2010 NA ram element is not required until This PrOq 2010 February aired until 1 ram element is not req This grog February 2010• ram element is not required until This p Og February 2010. Page if a -9-='" Question 82 Established and implemented practices to reduce stormwater impacts associated with runoff from streets, parking lots, roads or highways owned or maintained by the Permittee, and road maintenance activities conducted by the Permittee? (Required by February 16, 2010, S5.C.5.f) Y /NI Comments (50 word limit) Name of Attachment Page itapplicable NA NA This program element is not required until February 2010. N A This program element is not required until 83 Established and implemented policies and February 2010. procedures to reduce pollutants in discharges from all lands owned or maintained by the Permittee and subject to this Permit, including but not limited to: parks, open space, road right of -way, maintenance yards, and stormwater treatment and flow control facilities? (Required by February 16, 2010, S5.C.5.g) 84 hnplemented an operations and maintenance (O &M) program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations? (Required by February 16, 2010, S5.C.5.h.) 84b. Number of trainings provided: 84c. Number of staff trained: NA This program element is not required until February 2010. Page 19 of 21 Question 85 Implemented a Stormwater Pollution Prevention Plan (SWPPP) for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under the Industrial Stormwater General Permit? (Required by February 16, 2010, S5.C.5.i) 86 Is there an approved Total Maximum Daily Load (TMDL) applicable to stormwater discharges from a MS4s owned or operated by the Permittee? 87 Complied with the specific requirements identified in Appendix 2? (S7.A) 88 Attached status report of TMDL implementation? (S7.A) 89 Where monitoring was required in Appendix 2, did you conduct the monitoring according to an approved Quality Assurance Project Plan? (S7.A) 90 Took appropriate action to correct or minimize discharges into or from the MS4 which may constitute a threat to human health, welfare, or the environment? (G3) 90b. Attached a summary of the status of implementation of any actions taken pursuant to S4.F and the status of any montioring, assessment, or evaluation efforts conducted during the reporting period? (S4.F.3.d) Y/NI Comments (50 word limit) Name of Attachment NA Page if apIicable NA This program element is not required until February 2010. N NA NA NA Y NA Page 20 of 21 Question 91 Notified Ecology of the failure to comply with the permit terms and conditions within 30 days of becoming aware of the non compliance? (G20) 92 Notified Ecology immediately in cases where the Permittee becomes aware of a discharge from the Permittees MS4 which may cause or contribute to an imminent threat to human health or the environment? (G3) 93 Attached a summary of identified barriers to the use of low impact development (LID) and measures to address the barriers (Required to be submitted by March 31, 2011, S9.E.4.a) Y /N/ NA N Y NA 94 Attached a report describing LID practices NA currently available and that can be reasonably implemented, potential or planned non- structural actions and LID techniques to prevent stormwater impacts, goals and metrics to identify, promote, measure LID; and schedules to require and implement non structureal and LID techniques on a broader scale (Required to be submitted by March 31, 2011, S9.E.4.b) Comments (50 word limit) Name of Attachment Page if applicable The City's existing Surface Water Management Ordinance was thought to be in compliance. The City has since then, began drafting a stand alone IDDE ordinance that will meet requirements and be in effect by February, 2010. This program element is not required until March 2011. This program element is not required until March 2011. Page 21 of 21 Evaluation, and Monitoring a dditiona l information in you Information Collection BME' anon to report. VII. Inform °rts have no cell. You may include num b e r. annual rep per ce the p complete Part A for in Row of the table Kara t ens p nc e it below With pomp Please note t characters d refere tries to 2 NOTE: e limit your Cation attachment an 1\101-E.: Please Documentation additional Supplemental D to contact tor ation C Studies, or WhoI% 0 A. inform m onitoring a stolected r m e d during the information? e an y an d a nalyze d describe period._ Briefly eor information collected orting p typ of period. �S$.B•1� h 2 009 rep to p n lace for reporting take p_ Water samples s not VII. Information Collection, BMP Evaluation, and Monitoring Complete Part B for all annual reports. B. SWMP Evaluation You are required to assess the appropriateness of the BMPs you have selected to implement your SWMP. This evaluation is necessary to evaluate whether the MEP standard set by the permit is protective of water quality in your receiving water bodies. This assessment may be entirely qualitative. Answer NA if you are not yet implementing BMPs for a component of the SWMP. (S8.B.2 and S9) Question Are the BMPs selected and implemented for Public Outreach Y 1. appropriate to minimize pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Public Involvement appropriate to minimize pollutants in the MS4 to Y 2. the MEP? Are the BMPs selected and implemented for Illicit Discharge Detection and Elimination appropriate to minimize pollutants Y 3. in the MS4 to the MEP? Are the BMPs selected and implemented for Construction Stormwater Pollution Prevention appropriate to minimize Y 4. pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Post Construction Runoff Management appropriate to minimize Y 5. pollutants in the MS4 to the MEP? Are the BMPs selected and implemented for Good Housekeeping for Municipal Operations appropriate to Y 6. minimize pollutants in the MS4 to the MEP? Y /NINA Comments (50 word limit) The City will continue to monitor and assess the degree of appropriateness. Page 27 of 29 The City will continue to monitor and assess the degree of appropriateness. The City will continue to monitor and assess the degree of appropriateness. The City will continue to monitor and assess the degree of appropriateness. The City will continue to monitor and assess the degree of appropriateness. The City will continue to monitor and assess the degree of appropriateness. uation, and Monitoring e and a justification for the Information Collection, BMP E val VII. Inf 1 reports. P an d o bject'v C for a l l annua the new BM Complete Part Sg.B) P and o bjective e nts in the Comp m BN►ps or ob i e ctives suc attachm es changed list the old B Note C. Crang is be n es to BMPs or o bectives. P or objectives Changes Chang ustifying justification for documen tattion j h additional New Objective New BIA P INiA Old Objective NIA of the BM s and S9' Justificat if any P,.2. change below. tS ma y choose to attach NO-1'E: You d stification for change field. 1 NIA 5 6 VII. Information Collection, BMP Evaluation, and Monitoring D. Preparation for future, long -term monitoring Complete section D for the fourth annual report only. Name of Attachment? Question Y /N /NA Comments (50 word limit) Page Number? Identified outfalls or conveyances for Not required for the 2009 reporting year. long -term stormwater monitoring? NA 1. (S8.C.2.a) Attach site maps and descriptions. 1 b. (S8.C.2.a) Identified at least two questions for NA SWMP effectiveness monitoring and 2. developed monitoring plans? (S8.C.2.b) Attach the proposed questions and monitoring plans for SWMP 2b. effectiveness monitoring. (S8.C.2.a.ii) Monitoring plan developed for each NA 3. question? (S8.C.1.b.iii) 3b. Attach a copy of the monitoring plan. Identified sites in preparation for future, long -term monitoring? (S8.C.1.a., and NA 4. S8.C.2.b) Attach a summary of the status of site identification for long -term stormwater monitoring; proposed questions for SWMP effectiveness monitoring; and status of developing the SWMP 4b. effectiveness monitoring plans. Not required for the 2009 reporting year. Not required for the 2009 reporting year. Not required for the 2009 reporting year. Page 29 of 29