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Home My WebLink AboutTIC 2020-01-13 Item 2B - Permit - Temporary Construction Permit for Public Works Fleet and Facilities Building with Seattle City LIghtCity of Tukwila Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director /4- BY: Hari Ponnekanti, Deputy Public Works Director CC: Mayor Ekberg DATE: January 10, 2020 SUBJECT: Public Works Fleet and Facilities Building Project No. 91630601 Seattle City Light Temporary Construction Permit ISSUE Approve Seattle City Light (SCL) temporary construction permit for the use of SCL's fee - owned transmission line corridor property located at the Public Works Fleet and Facilities Building (next to Heiser). BACKGROUND In 2018, the City purchased the Heiser property adjoining the SCL's transmission line corridor. In 2019, we started negotiations with Seattle City Light for the use of the property. The SCL fee owned property was rented on a month to month lease by Heiser (previous owner). They were using this area to park vehicles. ANALYSIS Seattle City Light is allowing the temporary use of their fee -owned transmission line corridor property beginning in January 1, 2020 and shall continue on a month -month basis until December 31, 2022 or until cancelled by either party. FISCAL IMPACT The temporary construction permit with Seattle City Light has the initial base rent of $17,700.00 for 2020, with a 3% escalation per year through 2023. As the total temporary construction permit is over $40,000, Council approval is needed. RECOMMENDATION Council is being asked to approve Seattle City Light (SCL) temporary construction permit for the use of SCL's fee -owned transmission line corridor property located at the Fleet and Facilities Building for January 1, 2020 through December 31, 2022 and consider this item on the Consent Agenda at the January 27, 2020 Special Meeting. Attachments: Seattle City Light Temporary Construction Permit Map of property location WTW EngTROJECTSW- 8G ProjedsW1 Pubk Safety PIan1PW Shops First Phase (91630601 iUnfo Memo SCL Temp Canst Pemi107102020.doax CITY OF SEATTLE - CITY LIGHT DEPARTMENT TEMPORARY CONSTRUCTION PERMIT P.M. 4230409-1-403 THIS PERMIT is issued by THE CITY OF SEATTLE, a Washington Municipal Corporation acting through its CITY LIGHT DEPARTMENT ("City"), to CITY OF TUKWILA, a Washington municipal corporation ("Permittee"), for temporary use of a portion of the City's fee -owned transmission line corridor property ("Premises") described as follows: Permitted Area: That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M., described as follows: Beginning at the northeast corner of said Section; thence North 89'18'51" West, along the north line of said Section, 150.50 feet to the TRUE POINT OF BEGINNING; thence continuing North 89018'51" West, along said north line, 64.43 feet; thence southeasterly, in a straight line, to a point on the east line of said Section which is South 1°45'39" West, 138.62 feet from the northeast corner of said Section, and is the intersection of the east line of said Section with the southwesterly line of the City of Seattle Transmission line right-of- way; thence northwesterly, in a straight line, to the true point of beginning. TERMS AND CONDITIONS 1. Use. Permittee's temporary use of the Premises shall be as follows: Access, parking and the right to fence. 2. Term. The term of this Permit shall begin on January 1, 2020 and shall continue on a month -to -month basis until December 31, 2022, or until cancelled by either party as provided in Section 23 herein, whichever occurs first. The term may be extended by mutual written agreement of the Parties through amendment to this Permit. 3. Rent. The Permittee agrees to pay the following fees for its temporary use of the Premises as above stated: a. Initial Base Rent. The initial base rent for the Premises shall be Seventeen Thousand Seven Hundred Dollars ($17,700.00) per year, payable in advance. b. Base Rent Annual Escalation. The Base Rent for this Permit shall increase 3% per year beginning January 1, 2023 and every July 1st thereafter. Below is the escalated rent for years one through three. f. o Z-k January 1, 2021 - $18,231.00 January 1, 2022 - $18,777.93 January 1, 2023 - $19,341.27 c. To assure proper posting of payments, Permittee shall note on its checks "City Light Permit P.M. #230409-1-403 and include the payment stub from the invoice. d. Permittee hereby agrees that, in case of an increase in rent or other fees, all other provisions of this Permit shall remain in full force, changed only by such alterations in amount of rent or other fees and not otherwise. Permittee further agrees to pay the correct amount of total rent due irrespective of any billing statement Permittee may receive from the City. Permittee Initials 17. Warning Signs. The City reserves the right to require the Permittee to place signs or other warning devices of hazards if any governmental agency or the City determines such hazards exist. 18. Laws and Regulations. The Permittee agrees to comply with all Federal, State and local electrical safety laws and regulations. 19. Indemnification and Insurance. a) Permittee agrees to indemnify and hold harmless The City of Seattle from all claims, actions or damages of every kind and description, including all claims, actions or damages brought by Permittee's employees, contractors, agents, representatives, tenants, or invitees, which may accrue from or be suffered by reason of Permittee's use of the Premises, the performance of any work in connection with such use, or Permittee's breach of any of its obligations under this Permit. In case of any suit or action brought against the City arising out of or by reason of any of the above causes, Permittee shall, upon notice to Permittee of the commencement of such action, defend the same at no cost or expense to the City, and Permittee will fully satisfy any judgment rendered in said action adversely to the City, except to the extent of the negligence or willful misconduct of the City, its agents or representatives. By this indemnity provision, the Permittee expressly waives any immunity its businesses may have from claims by its businesses' employees under any workers' compensation or industrial insurance law arising out of workplace injuries, as defined under RCW 51.24.030, in connection with Permittee's use of the Premises. b. The Permittee shall provide sufficient self-insurance coverage from WCIA. Such insurance shall include "the City of Seattle" as an additional insured for primary and non-contributory limits of liability, and shall not canceled unless no less than thirty (30) days prior written notice is provided to the City, except ten (10) days' notice with respect to cancellation for non-payment of premium. Failure to maintain required insurance shall be considered a material breach of contract, subject to the remedies laid out in Paragraph 25 below. The permittee shall send certification of insurance meeting the minimum coverages, limits and terms as specified above to: Seattle City Light, Real Estate Services 700 Fifth Avenue, Room 3325 P.O. Box 34023 Seattle, Washington 98124-4023 Such certification shall include an actual copy of the policy provision(s) documenting that "The City of Seattle" is an additional insured for primary and non- contributory limits of liability. 20. Inspection. The CEO and General Manager of City Light, or his representatives, shall have the right at all times to inspect said Premises for the purpose of observing the conditions thereof, and the manner of compliance by the Permittee with the terms and conditions of this Permit. 21. Right to Suspend. The CEO and General Manager of City Light shall have the right at all times to suspend any or all operations on the Premises which he deems to be detrimental to the best interest of the City or the public. 22. Hazardous Materials. Permittee covenants and agrees that neither they, nor their employees, contractors, agents, or invitees will store, dump, bury or transfer any hazardous substances, flammable materials, inoperable vehicles, chemicals, oils, fuels, or containers for said substances, chemicals, oils, fuels, etc., on the Premises, and shall comply with all Federal, State and local environmental laws and regulations. Permittee Initials GRANTED this day of 2019. FOR THE CITY OF SEATTLE CITY LIGHT DEPARTMENT: [I William Devereaux Director, Environmental Management and Real Estate Division, Land, and Licensing Unit ACCEPTED this day of 2019. PERMITTEE: City of Tukwila By: Print Name: Title: Permittee Initials l 7