HomeMy WebLinkAboutReg 2009-02-02 COMPLETE AGENDA PACKET 1
Tukwila City Council Agenda
t S-k REGULAR MEETING
Jim Haggerton, Mayor Councilmembers. Joe Duffie Pamela Linder
Rhonda Berry, CityAdministrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
Monda
February 2 2009.7:00 PM Ord 2224
Monday, y Res #1676
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Community Oriented Policing Citizens' Advisory Board (COPCAB) awards to a
PRESENTA- citizen and a Police Department employee, to include an overview of 2008 activities;
TIONS Lynn Churchill, COPCABMember.
3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please
COMMENT limit your comments tofive minutes per citizen). To comment on an item listed
on this agenda, please save your comments until the issue is presented for discussion.
4. CONSENT a. Approval of Minutes: 1/5/09 (Regular).
AGENDA b. Approval of Vouchers.
c. Accept as complete the 2008 Overlay and Repair Program with Watson Asphalt, Pg.l
Contract #08 -078; authorize release of retainage, subject to the standard claim and
lien release procedures (final cost of project, including retainage: $690,996.40).
5. BID a. Award a contract to Precision Earthworks, Inc. for the Foster Golf Links Reclaimed Pg.7
AWARDS Water Pipeline Extension project in the amount of $103,385.41 (see 1126109 C.O. W.).
b. Award a contract to Pacific NW Earthworks, LLC for the Tukwila Village Northfield Pg.9
Car Wash Demolition in the amount of $35,109.34 (see 1126109 C. 0. W.).
6. UNFINISHED a. A resolution establishing a City Clerk's Office change fund level. Pg.11
BUSINESS b. A resolution supporting the continuation of the South County Area Transportation Pg.15
Board (SCATBd) and authorizing the Mayor to sign the 2009 -2012 Interlocal
Agreement.
c. Authorize the Mayor to sign an agreement with Harris Associates for construction Pg.29
management services for Tukwila International Boulevard Phase II and III in the
amount of $1,275,049.00 (see 1126109 C, 0. W.).
d. Authorize the Mayor to sign Supplement #7 to Contract #02 -108 with KPG, Inc. for Pg.31
construction management support for Tukwila International Boulevard Phase II and
III in the amount of $385,000.00 (see 1126109 C, 0. W.).
e. Authorize the purchase of a mobile field trailer for Tukwila International Boulevard Pg.33
Phase II and III in the amount of $30,000.00 (see 1126109 C, 0. W.).
f. A resolution fixing the time for a public hearing for vacation of right -of -way, Pg.35
dedicated for street purposes, along 13911 Tukwila International Boulevard.
g. A resolution adopting a legislative agenda for use in the 2009 Washington State Pg.39
Legislative Session.
7. NEW An ordinance granting a cable television system franchise extension to Comcast Pg.43
BUSINESS of Washington IV, Inc.
8. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 433 1800 /TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us, and
in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taued.
CAS NUMBER: 09-017
DATE
1 02/02/09
MTG.-DATE
1 02/02/09
ti t 01 7
EXPENDITURE REQUIRED
$690,996.40
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayor's review Council review
02/02/09 JM J;)
Fund Source: 103 RESIDENTIAL AND 104.02 ARTERIAL STREET FUNDS
Comments:
a
ITEM INFORMATION
I ORIGINAL AGENDA DATE: FEBRUARY 2, 2009
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 01/13/09
State of WA Dept of Revenue Notice of Completion 08 -078
Minutes from the Transportation Committee meeting of 01/20/09
firm No,
AGENDAITEMTITLE Accept as complete 2008 Overlay and Repair Program and release retainage
CATEGORY Discussion Motion Resolution [J Ordznance (i Bid Award Public Hearing Other
Mtg Date Mtg Date 02/02/09 Mtg Date Arts Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adrie Svcs DCD Finance Fire LI Legal Pe9R n Police ®PIYI
SPONSOR'S The contract with Watson Asphalt Company is complete for the 2008 Overlay and Repair
SUMMARY Program. Construction began September 2, 2008 and was completed on November 14,
2008. Two change orders were issued for a utility vault and paving fabric and less
construction materials caused unit price underruns. The Council is being asked to accept
and finalize the contract in the amount of $690,996.40.
REVIEWED BY COW Mtg. CA &P Cmte U F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DALE:: 01/20/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COM1i fIIT E Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$940,000.00 $0.00
TO:
City of Tukwila
Mayor Haggerton
Transportation Committee
FROM: Public Works Director
ISSUE
Attachment: Dept of Revenue Notice of Completion
INFORMATIONAL MEMORANDUM
DATE: January 13, 2009
SUBJECT: 2008 Overlay and Repair Proaram
Project No. 08 -RW01, Contract 08 -078
Project Completion and Acceptance
Accept contract as complete and authorize for release of the retainage.
BACKGROUND
The Notice to Proceed for Contract No. 08 -078 with Watson Asphalt Co. of Maple Grove,
Washington, was issued on September 2, 2008 for construction of the 2008 Overlay and
Repair Program. Project 08 -RWO1 provided pavement repairs and overlays on nine road
segments in the City.
Construction was physically completed on November 14, 2008. Two Change Orders were
issued during construction. Change Order No.1 installed a utility vault on East Marginal Way
South (Site #5) for the traffic signal system for a fee of $29,300.00. Change Order No. 2
placed approximately 900 lineal feet of 12.5 -foot wide paving fabric underneath the new
asphalt layer at a proposed cost of $9,000.00 and deleted approximately 1,500 square
yards of pavement planing at a savings of $3,225.00, resulting in a net additional cost of
$5,775.00.
ANALYSIS
The finalized project cost is under the authorized construction budget. Minor unit price
underruns stated below were primarily due to fewer construction materials used than
originally estimated:
Contract Award Amount
Change Orders No. 1 and 2
Unit Price Underruns
Sales Tax (N /A)
Total Amount Paid (incl. retainage)
697,322.75
35,075.00
(41,401.35)
0.00
690.996.40
Jim Haggerton, Mayor
RECOMMENDATION
The Council is being asked for formal acceptance and retainage release authorization,
subject to standard claim and lien release procedures, for the contract with Watson Asphalt
in the amount of $690,996.40 and consider this item on the consent agenda of the February
2, 2009 Regular Meeting.
P:\PROJECTSW- RW RS Projects \08RW01 2008 Overay Repair%Construction PhaseWFler ConsWcucn \INFO f.1Ek1O Closeout 2008 Overlay 1 -14 -09 gl.dcc
From:
State of Washington
Department of Revenue
2 PO Box 47474
REUENOE Olympia WA 98504 -7474 Contractor's Registration No. I No.
gi No.) 179017188
Date 11/26/08
City of Tukwila
Attn: Diane Jaber
6200 Southcenter Boulevard
Tukwila, WA 98188
'NOWT, (1F Cf i ,TTUT LTTfN (IF UTTRT TC WrIPKQ e TWTRA ('`T
,Naive &:Address`if <Public AgeGy.
2008 Annual Overlay and Repair Project
Contractor's Name
Watson Asphalt Paving Co., Inc.
Contractor's Address
P.O. Box 845 Redmond WA 98073 -0845
Date Work Commenced Date Work Completed
9/2/08 10/31/08
Surety or Bonding Company
Travelers Indemity Co. c/o Hub International Northwest
Agent's Address
P.O. Box 3018 Botthell, WA 98041 -3018
Sub -Total 690,996.40
Amount of Sales Tax Paid at 0.0 0.00
(If various rates apply, please send a breakdown.)
TOTAL 690,996.40
Comments:
Retainage Bond Info Only
Tax Rule 171 Applies
Finance Approval
REV 31 0020e (6 -27 -01)
Contract Amount 697,322.75
Additions 35,075.00
Reductions 41,401.35
Assigned To
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
Signature
Type or Print Name Diane Jaber
Phone Number 206 -433 -1871
Liquidated Damages
Amount Disbursed
Amount Retained
Depart CJse.O
08 -078
Telephone Number
425- 868 -4377
Date Work Accepted
Y:
0.00
690,996.40
0.00
TOTAL 690,996.40
DisbursingOfficer_.
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http. /dor.wa.gov.
TRANSPORTATION CO1VIMIITTEE
Meeting Minutes
Januafy 20, 2009 5:00 p.m. Conference Room 1
PRESENT
Councilmembers: De' Sean Quinn, Chair; Dennis Robertson and Verna Griffm
Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin Peter Lau, Mike
Ronda, Gail Labanara, Mike Mathia, Jack Pace, Jon Harrison and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:08 p.m.
I. PRESENTATIONS
No presentations.
City of Tukwila
Transportation Committee
II. BUSINESS AGENDA
A. Boeing Access Road Bridge Replacement
Staff returned to the Transportation Committee to report out on the status of a grant application that was
submitted to Washington State Department of Transportation (WSDOT) for replacement of the Boeing
Access Bridge (see Transportation Committee minutes dated June 10, 2008). The City was not awarded any
grant monies through this funding period, but staff will continue to submit applications for this project when
funds become available. During this first funding stage, WSDOT had a total of $31 million available for
project funding and our grant request totaled $24.8 million. Staff briefly reviewed project submissions that
did receive funding. Hopefully, future funding cycles will support larger projects. INFORMATION
ONLY.
B. 2008 Overlay and Repair Program Project Completion and Acceptance
Staff is seeking full Council approval for contract closeout and authorization to release retainage for
completed construction of the 2008 Overlay and Repair Program. The project required two change orders,
but was still completed under budget due to unit price underruns. The final contract cost is $690,996.40; a
savings of approximately $6,300. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 2
CONSENT AGENDA.
C. 2009 -2012 SCA'1'Bd Interlocal Agreement and Resolution,
Staff is seeking full Council approval to enter into an interlocal agreement for continued participation in the
South County Area Transportation Board (SCATBd). Annual dues are $100 per voting member, and
Tukwila currently has one represented voting member per the interlocal agreement. SCATBd can serve as a
unified voice to advocate for transportation issues and programs that affect South King County.
UNANIMOUS APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION.
D. Tukwila International Boulevard Phase II and 111 Construction Management Services Agreement
In December 2008, the City Council awarded the construction contract to Gary Merlino Construction
Company for Tukwila International Boulevard (TIB) Phases II and III (see Council minutes dated 12/15/08).
Staff is now seeking full Council approval to enter into a contract with Harris Associates in the amount of
$1,275,049 for construction management services for TIB Phases II and TIT. The City has not worked with
Harris Associates before; however, they scored highest in the City's selection process. Staff has
negotiated a lower than usual overhead and profit margin to keep costs within budget for the project. TIB
Phase II and III construction is anticipated to run on a 21 -month project schedule. UNANIMOUS
APPROVAL. FORWARD TO JANUARY 26 COW FOR DISCUSSION.
I CAS NUMBER: 09-009
I MTG. DATE
1 01/26/09
02/02/09
COUNCIL A GEIVDA SYNOPSIS
Meeting Date
01/26/09
02/02/09 1 JM
Inttzals
Prepared by 1 Mayor's review 1 Council review
n A 1 LA- 1
1 1 1
ITEM= INFORMATION
ORIGLNAL AGENDA DA'Z'E: JANUARY 26, 2009
AGENDA ITEM TITLE Bid Award for Interurban Water Reuse
Foster Golf Links Reclaimed Water Pipeline Extension Project
REVIEWED BY COW 1vltg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm Parks Comm.
DA'IE: 01/13/09
RECOMMENDATIONS:
SPONSOR /ADMLN. Public Works
COMMI'TEE Unanimous Approval; Forward to Committee of the Whole
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
MTG. DATE ATTACHMENTS
01/26/09 Informational Memorandum dated 01/07/09
City Clerk Bid Opening Results
Bid Tabulation
Exhibit B from Agreement 08 -062 with King County (for reimbursement)
CIP Page 90 (2009 CIP)
Minutes from the Utilities Committee meeting of 01/13/09
02/02/09 I No attachments
I
CATEGORY Discussion Motion Resolution Ordinance Bic Award Public Hearing Other
Mtg Date 01/26/09 Mtg Date Mtg Date Mtg Date Mtg Date 02/02/09 Mtg Date Mtg Date
SPONSOR Council Mayor 1 1 Adm Svcs DCD Finance Fire Legal P &R Police ®PW
SPONSOR'S
SUMMARY
This project will allow Foster Golf Links to use King County reclaimed water for irrigation.
The project was advertised on November 17 and 28, 2008 and seventeen bids were opened
on December 31, 2008. The low bid of $103,385A1 was from Precision Earthworks, Inc. of
Mukilteo, Washington, who has previously done this type of work satisfactorily for public
agencies. The Council is being asked to award the contract to Precision Earthworks, Inc.
f Transportation Cmte
Planning Comrn.
COST�IMPACT. FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$103,385A1 $110,000.00 $0.00
Fund Source: 401 WATER FUND (PAGE 90, 2009 CIP)
Comments: Construction costs will reimbursed in full by King County.
CAS NUMBER: 09-010
0G- oI
Meeting Date
01/26/09
02/02/09
AGENDA I "LEM TITLE Bid Award for Tukwila Village Northfield Car Wash Demolition
CALEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other
Mtg Date 01/26/09 Mtg Date Mtg Date i Yltg Date
Mtg Date 02/02/09 Mtg Date Mtg Date
SPONSOR Council Mayor U Adm Svcs DCD Finance Fire U Legal J 1 P &R Police PW
SPONSOR'S
SUMMARY
This project will demolish the Northfield Car Wash at the Tukwila Village site. The project
was advertised on November 24 and December 1, 2008 and twenty -one bids were opened
on December 31, 2008. The tow bid of $35,109.34 was from Pacific NW Earthworks, LLC.
of Fall City, Washington, who has previously done this type of work satisfactorily. The
Council is being asked to award the contract to Pacific NW Earthworks, LLC.
REVIEWED BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. n Planning Comm.
DA1'E: 01/13/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COM MIIT1sE Unanimous Approval; Forward to Committee of the Whole
_COST IMPACT I- :FUND SOURCE
EXPRNDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$35,10934 $40,000.00 $0.00
Fund Source: 302 FUND (PAGE 74, 2009 CIP)
Comments:
MTG. DATE
01/26/09 (Forward to next Regular Meeting
02/02/09
COUNCIL AGENDA SYNOPSIS
Prepared by Mayor's review
Council review
6
M INFORMATION
I ORIGINAL AGENDA DALE: JANUARY 26, 2009
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
01/26/09 Informational Memorandum dated 01/07/09
City Clerk Bid Opening Results
Bid Tabulation
Minutes from the Utilities Committee meeting of 01/13/09
02/02/09 No attachments
IIEMNo.
0,
CAS NUMBER 09-008
C 11tC,( )RV Dzscusiion Motion
Altg Date 01/21/09 Aitg Date
COUNCIL AGENDA SYNOPSIS
Initials
t1/Ieetznq Date Prepared by 1 Mayor's review I Council review
01/26/09 SH Ate- I JA
02/02/09 SH I (/2Yh-
1'
ITEM INFORMATION
09 'ORIGINAL AGENDA DATE: JANUARY 26, 2009
Establishment of a new $100.00 Change Fund Level for the City Clerk's Office and
Repeal of Resolution No. 1664.
Resolution n Ordinance
t1ltg Date 02/02/09 Mtg Date
Mtg Date
ITEM NO.
(o
Bzd Award I I Public Heanng I I Other
tlltg Date Alto Date
SPC)'SOR Council Ma_yor I I Adm Svcs n DCD Finance Fire U Legal P &R Police n PW
SPONSOR'S
)R'S
Sl \ILL \RY
I
1 MTG. DATE
01/26/09
ExPI?NDr1'uRI: REQUIRED
$n /a
Fund Source:
Comments
MTG. DATE
01/26/09
02/02/09
Due to the upcoming implementation of a new cashiering system to provide greater
operational efficiency and enhanced customer service, it is necessary to establish a
$100.00 change fund for the City Clerk's Office. Council is being asked to adopt a
resolution establishing the change fund.
RI IIAV! 1) BY COW Mtg n CA &P Cmte F &S Cmte 1 1 Transportation Cmte
n Utilities Cmte Arts Comm. Parks Comm. 1 Planning Comm.
AMOUNT BUDGETED
$n /a
DALE: 01/21/09
RECOMMENDATIONS:
SPONSC)R /ADMIIN. Adoption of resolution
CO\IMIYfEE Unanimous approval; forward to next Committee of the Whole
COST IMPACT FUND SOURCE
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 01/14/09
Resolution in draft form
Copy of Resolution No. 1664 to be repealed
Minutes from the Finance and Safety Committee meeting of 01/21/09
Resolution in final form
APPROPRIATION REQUIRED
$n /a
City of Tu ila
Resolution No.
Washington
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A CITY CLERK'S
OFFICE CHANGE FUND LEVEL; AND REPEALING
RESOLUTION NO. 1664.
WHEREAS, the Tukwila City Council previously established Change Funds and
Petty Cash Fund Ievels, most recently by Resolution No. 1664, passed June 23, 2008, and
WHEREAS, for the implementation of a new cashiering system for operational
efficiency and improved customer service, associated with City Clerk operations, there
is a need to establish a new change fund level in the amount of $100.00 for the City
Clerk's Office;
NOW, THEREFORE, THE CITY COUNCIL OF THE CI I Y OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Change Fund levels are hereby set as follows:
Finance Department Water Fund
1 City Clerk's Office I General Fund
Municipal Court 1 General Fund
1 Parks and Recreation I General Fund
1 Golf Course !Foster Golf Course Fund
Section 2. The Petty Cash Fund levels are hereby set as follows:
Finance Department
Police Investigation /Tukwila
Fire Department
Parks and Recreation
Public Works Div. II
Public Works Div. I
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY.
Office of the City Attorney
000 100.001
000 1 100.00 1
000 1 300.00
000 300.00 1
411 I or less s as needed)
General Fund 0001 800.00 1
General Fund 000 10,000.00
General Fund 000 350.00 1
General Fund 000 1 500.001
General Fund 000 350.001
General Fund 000 1 200.00 1
Section 3. Resolution No. 1664 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this day of 2009
ATTEST/ AUTHENTICATED:
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number
C: \Documents and Settings \Use s \Desktop\ Kelly \MSDATA \Resolutions \Change Fund City Clerkdoc
LJ:KSI 1/27/2009
Page 1 of 1
CAS NUMBER: 09-011
AGENDAITEMTITLE Resolution to continue participation in the South County Area Transportation Board
(SCATBd) for 2009 through 2012.
CATEGORY
EXPENDITURE REQUIRED
$100.00 Annually
Fund Source:
Comments:
MTG. DATE
01/26/09
02/02/09
MTG. DATE
01/26/09
02/02/09
Discussion
Meeting Date
01/26/09
02/02/09
Co UNCIL AGENDA SYNOPSIS
Prepared by
3M
3
Motion Resolution Ordinance Bid Award Public Hearing Other
NItg Date 01/26/09 ilftg Date -Mtg Date 02/02/09 Mtg Date tlMftg Date
SPONSOR Council Mayor Adm Svcs DCD n Finance n Fire U Legal P &R U Police PW
SPONSOR'S
SUMMARY
Since 1992, SCATBd has been an effective South King County forum for information
sharing, consensus building, and providing valuable input on regional and state
transportation planning and implementation decisions. Annual SCATBd dues are $100.00.
The Council is being asked to approve the resolution authorizing the Mayor to enter into
the interlocal agreement with SCATBd for 2009 through 2012.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. n Parks Comm.
DATE: 01/20/09
RECOMMENDATIONS:
SPONSOR /ADMAN Public Works
COMMfI I E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT. FUND SOURCE
R ECORD .OF COUNCIL ACTION
Forward to next Regular Meeting
ITEM INFORMATION
Initials
Mayor's review I Council review
ORIGINAL AGENDA DATE: JANUARY 26, 2009
ITEM NO.
Transportation Cmte
Planning Comm.
0.
ilitg Date 1M4tg Date
AMOUNT BUDGETED APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 01/12/09
Draft Resolution with Exhibit A (map) and Exhibit B (2009 2012 SCATBd Agreement)
SCATBd Letter to Mayor (12/30/08)
2008 SCATBd Annual Report and Work Program Goals
SCATBd Letter to Senator Prentice (12/30/08)
Minutes from the Transportation Committee meeting of 01/20/09
Resolution in final form with attachments
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, SUPPORTING THE CONTINUATION OF THE SOUTH
COUNTY AREA TRANSPORTATION BOARD (SCATBD) AS THE SOUTH
KING COUNTY FORUM FOR INFORMATION SHARING, CONSENSUS
BUILDING AND COORDINATING TO PROVIDE ADVICE ON
REGIONAL TRANSPORTATION ISSUES AND APPROVE CONTINUED
PARTICIPATION BY THE CITY OF TUKWILA; AND AUTHORIZING THE
MAYOR TO SIGN THE ENTERLOCAL AGREEMENT.
WHEREAS, the South King County subarea has been involved in multi-
jurisdictional transportation planning to develop coordinated plans for transportation
improvements and programs for this area, and
WHEREAS, these plans have been approved and efforts continue to be made to
work cooperatively to implement the recommended projects; and
WHEREAS, the SCATBd has been an effective forum for information sharing,
consensus building and providing valuable input on transportation planning and
implementation decisions; and
WHEREAS, the City of Tukwila has participated in the past as a member and finds
it to be in the interest of the City of Tukwila to continue to be a member of said South
County Area Transportation Board,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Mayor is hereby authorized to sign the 2009 -2012 Interlocal Agreement,
attached hereto as Exhibit B, to continue to participate in the South County Area
Transportation Board, including identifying representatives and providing dues, and
authorizes the Mayor to enter into this Interlocal Agreement.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Council Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY
Office of the City Attorney
Resolution No_
City of Tukwila
Washington
Filed with the City Clerk:
Passed by the City Council.
Resolution Number
Attachments: Exhibit A, SCATBd Map
Exhibit B, 2009 -2012 Agreement for the South County Area
Transportation Board
C:\Documents and SeningNAJI Users lDukt opt KellMSDATA\Resolutions'SCATBd 2009- 2012.doc
BG:ksn 1/2712009
Joan Hernandez, Council President
Page 1 of 1
Normandy Park
D
The information included on this nap has been compied by Kelp
County staff from a variety of sources and is sufejed to change
without notice Keg County makes no representations or
warranties, expressed or implied, as to accuracy, completeness,
timeliness or rights to the use of such information. Kitg County shall
not be Gable for any general, special, indirect, incidental, or
consequential damages including, but not limited to. lost revenues
or lost profts resulting from the use or misuse of the information
contained on this map. Any sale of this nap or information on this
map is prohibited except by written permission of fling County.
Exhibit A
MuckIeshoot Tribe
South King County Subarea 2008
South County Area Transportation Board (SCATBd)
IA King County
00.51 2 3 4
imam own Miles
Male Valley
l
Enumclaw
4Y�
Black Diamond
1)
Cedar River
Roads
SCATBd
SCATBD and ETP
Parties to Agreement:
City of Algona
City of Auburn
City of Black Diamond
City of Burien
City of Covington
City of Des Moines
City of Enumclaw
City of Federal Way
City of Kent
City of Maple Valley
City of Milton
City of Normandy Park
City of Pacific
2009 -2012 AGREEMENT
FOR THE
SOUTH COUNTY AREA TRANSPORTATION BOARD
City of Renton
City of SeaTac
City of Tukwila
King County
Muckleshoot Tribe
Pierce County
Pierce Transit
Port of Seattle
Puget Sound Regional Council
Sound Transit
Transportation Improvement Board
Washington State Department of Transportation
Washington State Transportation Commission
Exhibit B
Transmittal date to participating members for approval: December 30, 2008
THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter
called "Algona the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK
DIAMOND, hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called `Burien the
CITY OF COVINGTON, hereafter called "Covington the CITY OF DES MOINES, hereafter called
"Des Moines the CITY OF ENUMCLAW hereafter called "Enumclaw the CITY OF FEDERAL
WAY, hereafter called "Federal Way the CITY OF KENT, hereafter called "Kent the CITY OF
MAPLE VALLEY, hereafter called "Maple Valley CITY OF MILTON, hereafter called "Milton
the CITY OF NORMANDY PARK, hereafter called "Normandy Park the CITY OF PACIFIC,
hereafter called "Pacific the CITY OF RENTON, hereafter called "Renton the CITY OF SEATAC,
hereafter called "SeaTac the CITY OF TUKWILA, hereafter called "Tukwila"; the
MUCKLESHOOT TRIBE; KING COUNTY, a legal subdivision of the State of Washington, hereafter
called "King County PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter
called "Pierce County; the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC the
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound
Transit PIERCE TRANSIT; the WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, hereafter called "WSDOT the WASHINGTON STATE
TRANSPORTATION COMMISSION, hereafter called the "Transportation Commission the
TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB and the PORT OF
SEATTLE.
WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning
and coordinated transportation plans benefit their citizens; and
WHEREAS, the South County Area Transportation Board (SCATBd) has effectively served as the
central forum for information sharing, consensus building, and coordination to develop
recommendations for transportation policies, projects and programs for the South King subarea; and
1
WHEREAS, the King County Comprehensive Plan for Public Transportation Long Range Policy
Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of
allocating new transit subsidy; and
WHEREAS, the Six -Year Transit Development Plan, adopted in 1995, called for the three subarea
transportation boards (the Eastside Transportation Partnership, South County Area Transportation
Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the
King County Executive; and
WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend
Sound Transit plans and implementation of projects and services; and
WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented
on the attached map (Exhibit A);
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1.0 Purpose of Agreement
The purpose of the Agreement is to provide for the continuation of the South County Area
Transportation Board (SCATBd) as the South forum for Local governments to share information, build
consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on
plans, programs, policies and priorities for regional transportation decisions.
2.0 Role of Subarea Transportation Boards
1. The South County Area Transportation Board (SCATBd) is the forum established for the
South subarea of King County for elected officials to provide advice into the following
decisions:
a. The King County Metro six -year transit development plan, and implementation of
transit service priorities.
b. Sound Transit plans and implementation of projects and services.
2. The SCATBd may also provide input on other countywide and regional transportation issues.
3. The three subarea transportation boards shall hold at least one joint meeting annually to
address issues of mutual interest and concern and promote regional decisions.
2
3.0 Voting and Non voting Members
3.1 The voting members of SCATBd and their voting rights shall be as follows:
Voting Members
I Algona
Auburn
Black Diamond
Burien
Covington
Des Moines
Enumclaw
I Federal Way
I King County
Kent
I Maple Valley
Milton
Muckleshoot Tribe
Normandy Park
Pacific
Renton
SeaTac
Tukwila
Pierce County
Number of Reps.
1
1
1
1
1
1
1
1
3
1
1
1
1
1
1
1
1
1
1
Sound
Transit
Yes
Yes
No
Yes
No
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
No
Yes
Yes
No
3.2 The non voting members of SCATBd shall be as follows:
3
Voting Rights
Metro Transit' Regional
Competition'
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes. Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes*
Yes Yes
Yes Yes
No No
Non Voting Member 1 Number of Representatives
I Sound Transit 1
I PSRC 1
WSDOT 1
TIB 1
Pierce Transit 1
Port of Seattle 1
Washington State Transportation Commission 1
I Private sector representation (if approved by SCATBd) 1
Other'
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
I Recommendations on Sound Transit capital and service plans and implementation
2 Recommendations on Metro Transit service plans
3 Identification of projects for the regional competition, if prescribed by the process approved by the King County members of the Transportation
Policy Board (*projects in Renton south of the Cedar River)
4 Other recommendations including:
Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and
analyses conducted; on criteria; on funding policies; and on regional priorities.
Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations
from commissions; and on transportation budgets and priorities.
Recommendations to WSDOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on
tolling on transportation demand management on Commute Trip Reduction; on active traffic management; and on state transportation plans.
Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding.
Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities.
3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound
Transit capital and service plans and implementation, Metro Transit service plans, and identification
of projects for the regional competition, if prescribed by the process approved by the King County
caucus of the Transportation Policy Board. The results shall be recorded by jurisdiction.
4.0 Representation and Conduct
4.1 The representation on the South County Area Transportation Board (SCATBd) shall be as
follows:
1. Elected officials appointed for a one -year term from each of the participating counties and
cities, in the number specified above. King County representation shall be a maximum of two
Councilmembers and the King County Executive or his designee.
2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King
subarea board member of Sound Transit; the Director of the TIB; and a representative
designated by the Washington Transportation Commission.
3. A representative of a private sector group or groups as determined by SCATBd.
4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place
of designated voting representatives in the absence of the designated representative.
4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its
representatives and alternates and provide the appropriate contact information for each.
4.4 The SCATBd will be responsible for overall program direction, approving Technical Advisory
Committee recommendations and providing direction for input on transportation decisions
4.5 The SCATBd may establish its own bylaws and rules of procedures and may modify these as
appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and
modifications to such bylaws and rules will not alter this Agreement.
4.6 The SCATBd may establish subcommittees as it determines appropriate.
4.7 With a simple majority of voting members as shown in Section 3.1, the SCATBd can adopt
resolutions, authorize correspondence, request studies, or provide other advisory input to member
jurisdictions or regional and state activities, including plans policies, programs, projects or legislative
issues.
4.8 Any voting member may request that a minority statement be included in communications or
otherwise distributed with the adopted majority position.
5.0 Chair and Vice Chair
5.1 The chair and vice chair of SCAT 13d shall be representatives of a member county or city
located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a
majority of the voting representatives from jurisdictions within the subarea's geographic boundaries.
4
5.2 The chair and vice chair shall be nominated by a nominating committee established in
November of each year, and nominated in December of each year.
5.3 The chair and vice chair shall serve a teiiu of one year from February 1 through January 31 of
the following year.
5.4 The chair and the vice chair shall conduct the SCATBd activities within adopted procedures
and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair
opportunity for discussion, signing correspondence, and speaking on behalf of the SCATBd.
6.0 Technical Advisory Committee (TAC)
6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or
intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups
shall not participate in TAC activities. Each member jurisdiction and agency is expected to contribute
such staff as is necessary to accomplish the work program adopted by the SCATBd.
6.2 The TAC shall provide technical assistance as requested by the SCATBd and shall advise the
SCA1Bd and their respective members on emergent transportation issues, and be responsible for
overall program development including drafting of the work program. The TAC shall also review
consultant work, and coordinate its activities with adjacent jurisdictions, including the other subarea
transportation forums
6.3 When appropriate, the TAC will make recommendations for consideration of the SCATBd. The
TAC's recommendations shall be arrived at by consensus of a majority of the TAC members present.
If the Technical Advisory Committee is unable to reach consensus on a particular issue, TAC members
may present discussion questions or a dissenting opinion to the SCATBd for consideration.
7.0 Lead Agency
7.1 King County will be the lead agency for the purposes of receipt of funds, contract
administration, and disbursement of funds associated with consultant contracts and study- related
expenses. King County shall appoint a staff member to serve as Project Manager for special projects.
King County shall also provide general administrative and program support for the SCATBd. King
County assumes wage and benefits cost of its staff performing Lead Agency responsibilities.
7.2 Lead Agency responsibilities include administrative and technical support for meetings and
ongoing operations; collection, administration and distribution of dues; support to the chair and vice
chair; preparation of correspondence and other materials; development and monitoring of work
program; and coordination of consultant services or other special projects as directed by the SCAI'Bd.
8.0 Annual Work Program
The SCATBd may undertake activities consistent with its purposes and shall prepare an annual
progress report and work program for the following year for submittal to its members.
5
9.0 Financing and Cost Sharing Guidelines
9.1 Yearly Dues Each member city will contribute $100.00 annually per vote awarded to remain
members in good standing. The designated Lead Agency shall not be required to pay yearly dues.
This revenue shall be used for special events, including an annual joint meeting of the subarea
transportation boards, public education, or other expenses authorized by the SCATBd.
9.2 The following guidelines shall generally apply:
1. Annual Review of Financing: The SCATBd shall determine by June 30 of each year whether
an additional financial contribution will be requested of the SCATBd jurisdictions.
2. Voting Members: If additional financial contributions are determined to be necessary, costs
shall be shared among member jurisdictions other than King County by a method as determined
by action of the SCATBd. Unless agreed to otherwise, King County's share shall be limited to
the costs of providing staff support.
3. Non voting Members: The member agencies shall not be expected to make a direct funding
contribution.
4. Modification to Agreement Required: A modification to this agreement specifying cost
sharing, purpose, scope of work and other details is required to obligate a member jurisdiction
to funding participation.
10.0 Withdrawal of a Party from this Agreement
Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from
participation in this Agreement by providing written notice, sent certified mail, return receipt required,
to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A
withdrawing party shall not be entitled to a refund of any payments to SCATBd but shall make any
contributions required to be paid to other parties under this Agreement for costs which had been
obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining
parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and
revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that
party but shall continue in effect with respect to the remaining parties. However, the termination of
this Agreement with respect to one or more parties shall not affect any of the parties' rights or
obligations, including any rights or obligations of a withdrawing party, that are expressly intended to
survive termination.
Each party's funding to perform its obligations under the Agreement, beyond the current appropriation
year, is conditional upon appropriation by the party's governing body of sufficient funds to support
said obligations. Should such an appropriation not be approved for a future year, a party may exercise
its right to withdraw as provided herein.
11.0 Duration
This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and
executed by the authorized representatives of all parties. This Agreement shall remain in effect until
all the tasks have been completed to the satisfaction of the SCATBd or until such time as the
6
participating members choose to conclude the program for other reasons, but in no case shall the
program extend beyond December 31, 2012, unless terminated earlier or extended in accordance with
Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall
execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31,
2014.
12.0 Termination
All parties to this Agreement must agree to teiminate this Agreement in order for such termination to
be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of
Termination. Upon termination, no party shall be required to make any additional contributions. Any
remaining funds shall be refunded to the parties to this Agreement according to Section 13.0.
13.0 Real and Personal Property
The acquisition of real property is not anticipated under this Agreement. Any personal property
acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement
expires or is terminated in accordance with Section 11.0, any personal property other than cash shall
remain with the Lead Agency.
14.0 Return of Funds
At such time as this Agreement expires or is teiluinated in accordance with Section 11.0, any
unexpended and uncommitted funds shall be distributed proportionately to those parties to this
Agreement at the time of termination based on each party' s percentage share of the original
contribution.
15.0 Filing
This Agreement shall be filed with the King County Department of Records and Elections.
16.0 Legal Relations
16.1 The parties shall comply with all applicable state and federal laws and regulations.
16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other
party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents
of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees of any other party.
16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials,
employees, principals and agents from all claims, demands, suits, actions, and liability of any kind
whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first
party, its contractor, and/or employees, agents, and representatives in performing the first party's
obligations under this Agreement. The parties agree that their obligations under this paragraph extend
to claims made against one party by the other party's own employees. For this purpose, the parties, by
mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise
be available against such claims under the industrial insurance provisions of RCW Title 51. In the
event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this
7
section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing
party.
16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a party's
withdrawal from this Agreement.
17.0 Entirety and Modifications
17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements
between the parties relating to the subject matter hereof and constitutes the entire agreement between
the parties.
171 This Agreement may be modified or extended only by written instrument signed by all the
parties hereto.
18.0 Counterparts
The signature pages of this Agreement may be executed in any number of counterparts, each of which
shall be an original.
8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized
officer or representative as of the date set forth below its signature.
City of Algona
By: By: By:
Date: Date: Date:
City of Burien
City of Enumblcaw
City of Maple Valley
City of Pacific
City of Tukwila
Pierce County
Puget Sound Regional Council
City of Auburn City of Black Diamond
City of Covington City of Des Moines
By: B By:
Date: Date: Date:
City of Federal Way City of Kent
By: By By:
Date: Date: Date.
City of Milton City of Normandy Park
By By: By
Date: Date: Date:
City of Renton City of Sea Tac
By: By: By
Date: Date: Date:
King County Muckleshoot Tribe
By B By:
Date. Date: Date:
Pierce Transit Port of Seattle
By: B By:
Date: Date: Date:
Sound Transit Transportation Improvement Board
By: By: By:
Date: Date: Date:
Washington State Department of Washington State Transportation
Transportation Commission
By: By:
Date: Date.
9
SUMMARY
MTG. DATE
01/26/09
02/02/09
MTG. DAT
01/26/09
02/02/09
i'vleetzng Date
01/26/09
02/02/09
COUNCIL AGENDA SYNOPSIS
Discussion Motion Resolution
Mtg Date 01/26/09 Mtg Date 02/02/09 Mtg Date
Council Mayor U Adm Svcs
Inittalr
Mayor's review
A
M INFORMATION
Council rtvzev
CAS NUMBER: 09-012
ORIGNAL AGENDA DATE: JANUARY 26, 2009
AGENDA ITEM TITLE Tukwila International Boulevard Phase II III
Construction Management Services with Harris Associates
Ordinance
Mtg Date
DCD U Finance
Ftre Legal P&R
IThMNo.
Bid Award Public Hear Other
Mtg Date Mtg Date Mtg Date
Police Pt/
Requests for construction management proposals were advertised with seven proposals
submitted and four firms interviewed. Harris and Associates rated the highest with the
most qualified teamto deal with the complex construction issues of this project. The Harris
contract will supplement in -house construction management capabilities for a fee of
$1,275,049.00. Council is being asked to approve the contract with Harris Associates.
REVIEWED BY COW Mtg. n CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm Parks Comm.
DATE: 01/20/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
CO- irrrEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$1,275,049.00 $2,115,000.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 16 17 2009 CIP)
Comments:
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 01/14/09 (revised after TC)
Consultant Selection Rating Sheet
Consultant Contract with Scope of Work and Fee
Minutes from the Transportation Committee meeting of 01/20/09
No attachments
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
I CAS NUMBER: 09-013
CATEGORY
Su MARY
REVIEWED BY
Fund Source:
Comments
MT DATE
01/26/09
02/02/09
MTG: DATE
01/26/09
02/02/09
Meetinx Date
01/26/09
02/02/09
Discussion Motion Resolution
Mtg Date 01/26/09 Mtg Date 02/02/09 Mtg Date
Council Mayor Adm Svcs DCD
?nitialr
Prepared by 1 Mayor's review
3M)
No attachments
CO UNCIL AGENDA SYNOPSIS
Ordinance
Mtg Date
1 Finance
1 Council review
J M` I
�f I
I_ EM__ JNF.ORMATION
1 ORIGINAL AGENDA DATE. JANUARY 26, 2009
Bid Award
Alltg Date
Fire Legal
COW Mtg.
Utihties Cmte
DATA: 01/20/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIT EE Unanimous Approval; Forward to Committee of the Whole
_COST=IMPACT -=1 =FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$385,000.00 $2,115,000.00
104 ARTERIAL STREET FUND (PAGE 16 17, 2009 CIP)
CORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 01/14/09
Contract 02 -108 Supplement No. 7 with Scope of Work and Fee
Minutes from the Transportation Committee meeting of 01/20/09
ITEM
Cod
AGENDA ITEM TITLE Tukwila International Boulevard Phase II III
Supplemental Agreement No. 7 for Construction Management Services with KPG.
Public Hearing n Other
Mtg Date Mtg Date
P &R n Police PW
Base Contract 02 -108 with KPG, Inc. included design services for the Tukwila
International Blvd Phase II and III Project. Supplement No. 7, for construction
management services, has been negotiated with KPG in the amount of $385,000. The
scope of work includes construction management support to augment the field team of
City personnel and Harris Assoc. The Council is being asked to approve Contract 02 -108
Supplement No. 7 with KPG.
CA &P Cmte F &S Cmte Transportation Cmte
Arts Comm. Parks Comm. L Planning Comm.
APPROPRIATION REQUIRED
1 CAS NUMBER: 09-014
EXPENDITURE REQUIRED
MTG. DATE
01/26/09
02/02/09
MTG. DATE
01/26/09
02/02/09
COUNCIL AGENDA SYNOPSIS
Initials
Prepared by 1 Mayor's review Council review
q ./t A 0
1 Meeting Date
01/26/09
02/02/09
AGENDA IIF,M TITLE Tukwila International Boulevard Phase II III
Purchase a Construction Management Field Trailer
$30,000.00 $2,115,000.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 16 17 2009 CIP)
Comments:
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
No attachments
ITEM INFORMATION
ORIGINAL AGENDA DATE: JANUARY 26, 2009
IJJMNo.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing (J Other
i'Itg Date 01/26/09 tbltg Date 02/02/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR 111 Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PI/
SPONSOR'S The City has typically provisioned a field office for the management of large construction
SUMMARY projects through the construction contract. Valuable field time is used to get the trailer set
up at the start of each project. A review of the purchase vs. lease costs show that the City
would pay for the $30,000.00 trailer in approximately 5 years. The trailer has a 10 -15 -year
life span. The Council is being asked to approve the purchase of a mobile field trailer for
the TIB Phase II III Project.
REVIEWED BY COW Mtg. CAM') Cmte F &S Cmte Transportation Cmte
LI Utilities Cmte Arts Comm. n Parks Comm. Planning Comm.
DATE: 01/20/09
RECOMMENDATIONS:
SPONSOR /ADMIT. Public Works
COM MJ1'I'EE Unanimous Approval; Forward to Committee of the Whole
"COST IMPACT /_:FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 01/14/09
General Trailer specifications with approximate picture
Minutes from the Transportation Committee meeting of 01/20/09
$0.00
COUNCIL AGENDA SYNOPSIS
1Lq h (0. Q Initial IlM NO.
1 Meeting Date Prepared by 1 Mayor's rim 1 Council„review
01/26/09 1 JM JAL 1 Qyt /1 62 02/02/09 I JNTINII 1 U
29(y. 1 1
ITEM INFORMATION
I CAS NUMBER: o q 0 5 I ORIGINAL AGENDA DATE: JANUARY 26, 2009
AGENDA ITEM TITLE Resolution setting a Public Hearing date of February 23, 2009
for the 13911 Tukwila International Blvd Street Vacation Request
CATEGORY Discussion Motion x Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 01/26/09 Mtg Date Mtg Dat2 2/09 Mtg Date Il ftg Date Mtiltg Date Mtg Date
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal n PdlR Police PIS
SPONSOR'S Petitioner, 139 LLC, provided a complete request for a street vacation of the property
SUMMARY abutting 13911 Tukwila International Boulevard (TIB) and a comprehensive appraisal.
139 LLC is the only abutting property owner. The Council is being asked to approve the
resolution setting a Public Hearing date for February 23, 2009.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DALE: 01/20/09
RECOMMENDATIONS:
SPONSOR /ADMN. Public Works
COI‘af T1EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
01/26/09 Forward to next Regular Meeting
I
I 02/02/09
I
MTG. DATE ATTACHMENTS
01/26/09 Informational Memorandum dated 01/13/09
Draft Resolution
Petition for Vacation of Streets 3.40.71
Vicinity maps and Right -of -Way Vacation Exhibit
Minutes from the Transportation Committee meeting of 01/20/09
02/02/09 Resolution in Final Form
J:
rQh �y f0�'
C ity of Tuk
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR
VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA
DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS
APPROXIMATELY 128 FEET BY 10 FEET ALONG 13911 TUKWILA
INTERNATIONAL BOULEVARD.
WHEREAS, the property owner abutting the right -of -way has petitioned the City
to vacate a portion of Tukwila International Boulevard; and
WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution;
NOW, THEREFORE, THE CFI Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing upon the vacation of a portion of Tukwila International
Boulevard, adjacent to 13911 Tukwila International Boulevard, shall be held before the
Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200
Southcenter Boulevard, Tukwila, Washington, on February 23, 2009, which is not less
than 20, nor more than 60 days from the date of passage of this resolution, at which time
all persons interested in said right -of -way vacation are invited to appear and be heard.
Section 2. The City Clerk is directed to post written notice of pendency of the public
hearing in three public places in the City of Tukwila and in one additional conspicuous
place on the right -of -way sought to be vacated at least 20 days prior to the date set for
hearing.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this day of 2009.
ATTEST AUTHENTICA TED:
Joan Hernandez, Council President
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
C:.Documents and Settings'.A1l Users\ DesftopMCelly \MSDATAUtesolutions \T(B Street Vacation.doe
ML:ksn 1n72oo9 Page 1 of 1
CAS NUMBER 09-018
fleeting Date
01/26/09
02/02/09
AG END I I'IiM Tr1'I,E 2009 Legislative Priorities
COUNCIL AGENDA SYNOPSIS
Iiriiials
Prepared by Mn or's review 1 Counat review
KAM I ionJzJ
KAM
ITEM INFORMATION
'ORIGINAL AGENDA DATE. JANUARY 26, 2009
11JMNo.
c
1
C.\ I'l )12Y Discussion Motion Resolution n Ordinance Bid Awanl
kltg Date 01/26/09 21Itg Date kits Date 2/2/09 kits Date
SPC )NSOR Council Ilrlayor Adin Svcs n DCD Finance Fire 1 I Legal Pe7R Police 1 1 PIV
Si NS()R'S
Sl'MM \Rl'
Rr. I 'AXED BY COW Mtg. CA &P Cmte
Utilities Cmte n Arts Comm.
DALE:
RECOMMENDATIONS:
SP()NS()R /ADMIN. Council President
CC )MMITfEE
Fund Source.
Comments:
dltg Date
Staff has prepared a DRAFT 2009 Legislative Agenda for Council consideration. The agenda l
is intended to be utilized as a tool for Councilmembers when they meet with State
legislators in Olympia this February.
The Council is being asked to adopt a Resolution that identifies the agreed upon priorities.
F &S Cmte
MTG. DATE RECORD OF COUNCIL ACTION
1/26/09 Discussion and identification of priorities; forward to regular meeting
MTG. DATE I ATTACHMENTS
01/26/09 DRAFT 2009 Legislative Agenda.
02/02/09 1 Resolution in final form, with 2009 Legislative Agenda
U Public Hearing U Other
kits Date kltg Date
Fl Parks Comm. I 1 Planning Comm.
U Transportation Cmte
COST IMPACT FUND SOURCE
ESPI ?NDI"I'URI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
City of Tu ila
Resolution No.
Washington
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE IN
THE 2009 WASHINGTON STATE LEGISLATIVE SESSION.
WHEREAS, the City Council has agreed to pursue certain Legislative issues for
2009; and
WHEREAS, a legislative agenda outlines these issues, which elected officials may
discuss when speaking to members of the Washington State Legislature; and
WHEREAS, the City Council agreed to this legislative agenda at the Regular
Council Meeting on February 2, 2009;
NOW, THEREFORE, THE C11. Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council has identified priorities for the 2009 Legislative Session
that are integral to serving the Tukwila community in the manner in which the
residents and businesses have come to expect. The City of Tukwila 2009 Legislative
Agenda is hereby incorporated by reference hereto as Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment A. City of Tukwila 2009 Legislative Agenda
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council.
Resolution Number:
C:\Documents and Sctlings All Users Desktop\ Ke11yMSDAT AU2esolutions\Legislative Agenda 2009.doc
DJ :ksn 1/28/2009
Page 1 of 1
ATTACHMENT A
City of Tukwila 2009 Legislative Agenda State Issues
The City of Tukwila seeks sustainability of services, flexibility in local decision making and transparency in
government in order to continue serving our community in the ways our residents and businesses need and
expect. During questionable economic times, this desire can be more difficult to achieve. Solutions to challenges
can be identified more quickly when local leaders retain the ability to manage their resources in a manner that
works best in their community. During the first year of the Washington State Legislature's biennium legislative
cycle, the City will focus on the following legislative priorities:
City Fiscal Health
MONITOR: Streamlined Sales Tax
Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that
source and are not utilized to balance the state budget. Also, insure transparency in the mitigation calculation
process and consistent application of mitigation policies among all cities, counties and transit districts.
SUPPORT: Flexibility on Use of Existing Revenue Sources
Increased flexibility in the spending of revenues such as locally imposed Real Estate Excises Taxes (REET) will
allow cities to respond more appropriately to growth needs and essential services.
Transportation Infrastructure
SUPPORT: Transportation Enhancement
Support legislation which increases flexibility of use of existing revenues and implements new revenues for use
in expansion, maintenance and repair of transportation mechanisms.
SUPPORT: Federal Stimulus Package
In anticipation of a proposed Federal stimulus package, the City of Tukwila has several projects ready to
implement and eligible for regional, state and federal funding opportunities
Klickitat Project
Tukwila Pond Park
Duwamish Riverbend Hill Phase II
Non- motorized Capital Facilities as Identified in the Tukwila Walk Roll Plan
General Government Operations
OPPOSE: Taping of Executive Sessions
Transparency in government operations and decision- making is extremely important to City of Tukwila elected
officials. There are very few exceptions to the Open Public Meeting Act in which legislative bodies have the
right to discuss matters in an executive session. Limiting these exemptions further by mandating recordings of
executive session can interfere with and hinder the optimization of City processes and candid discussions.
Enhancement of Fundin, for Human Services
The Tukwila City Council is committed to continue funding of human services programs in relation to the cost of
living through consistent review of regional, state and federal budgets affecting such services With that local
commitment, we encourage our State legislators to support human services funding recognizing the need of
these vital services throughout our local communities and the State.
Partnerships
The City of Tukwila recognizes that the fiscal condition of the state budget impacts every city by reducing state
funding opportunities. We also acknowledge that state aid for local governments is becoming increasingly more
difficult to secure. City officials are committed to doing their part to foster relationships within local, regional
and state entities that encourage opportunities for joint partnership and outreach in budget reduction as well as
other activities that address management of local resources.
1/28/2009
CAS NUMBER: 09-019
SPONSOR'S
Fund Source:
Comments:
MTG. DATE 1
02/02/09
nq-- o 1
EXPENDITURE REQUIRED
$0.00
COUNCIL AGENDA SYNOPSIS
Initials
Meettnz Date 1 Prepared by Mayor's review 1 Council revtew
02/02/09 1 JM 111
1
M 'INFORMATION
ORIGINAL AGENDA DATE: FEBRUARY 2, 2009
AGENDA ITEM TITLE Amend Ordinance No. 1688, Comcast Franchise Agreement for a time extension
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/02/09 Mtg Date Mt Date Mtg Date 02/02/09 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal 1 P& R Police PW
Comcast (formerly Telecommunications, Inc.) was granted a 15 -year non exclusive
Franchise for the construction, operation, and maintenance of a cable system within the
City by Ordinance No. 1688. The agreement needs to be significantly changed and a one
year time extension is needed. The Council is being asked to amend Ordinance No. 1688
with a new expiration date of February 1, 2010.
REVIEWED BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAI'E: 01/27/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMrrI E Unanimous Approval; Forward straight to Regular (time constraint)
COST -FUND SOURCE
AMOUNT BUDGETED
$0.00
CORD: =OF -COUNCIL ACTION_
MTG. DATE :ATTACHMENTS
02/02/09 Informational Memorandum dated 01/21/09
Ordinance No. 1688
Ordinance Amendment
Minutes from the Utilities Committee meeting of 01/27/09
ITEM NO.
Mtg Date Mtg Date
APPROPRIATION REQUIRED
$0.00
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM Public Works Direct
DATE January 21, 2009
SUBJECT: Comcast Franchise Aareement
Amend Ordinance No. 1688 for a Time Extension
ISSUE
Approve Comcast Franchise Extension and amend Ordinance No. 1688.
BACKGROUND
DISCUSSION
RECOMMENDATION
Jim Haggerton, Mayor
Comcast, formerly Telecommunications Inc. of Seattle was granted a 15 -year non exclusive
Franchise by the City for the construction, operation, and maintenance of a cable system within
the City by Ordinance No. 1688. Unless the timeline on the franchise agreement is extended,
the franchise agreement will expire on February 1, 2009.
Throughout the Franchise term, Comcast has been a good business partner and has
maintained a professional relationship with the City. Through the Franchise Agreement, the City
received significant benefits; including installation of the City's institutional fiber network, free
cable television services at City facilities and an upgraded cable system infrastructure to
accommodate City Channel 21.
Comcast and the City have begun preliminary discussions for a Franchise renewal. Due to
technological changes and mandates by the Federal Communications Commission (FCC), the
current Franchise Agreement needs to be significantly changed Staff needs more time to
conduct research, evaluate Comcast's proposal and complete negotiations. A one -year
extension on the existing Franchise term to February 1, 2010 will allow staff and Comcast to
complete all tasks associated with the franchise renewal.
The Council is being asked to amend Ordinance 1688 to extend the expiration date to February
1, 2010 and consider this item at the February 2, 2009 Regular Meeting (due to time
constraints).
Attachments: Ordinance No. 1688
Draft Ordinance
PIPROJECTS\Franchisellnfomation Memo- Comcast Franchise Amendment Final.doc
Tukwila
It of
h, ,w(-/ Washington
Ordinance No. 1688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE
FRANCHISE TO TELECOMMUNICATIONS, INC. OF SEATTLE
FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF A CABLE SYSTEM WITHIN THE CITY
LIMITS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is authorized to grant nonexdusive franchises for the
operation of cable systems within the City rights -of -way; and
WHEREAS, Telecommunications, Incorporated of Seattle has applied for such a franchise
to construct, operate, and maintain a cable system within the jurisdictional boundaries of
Tukwila; and
WHEREAS, the City has conducted a Community Needs Assessment to determine how
such a franchise can best address the existing cable services needs for public access, education,
and government within the City; and
WHEREAS, a public hearing has been conducted in accordance with the Master Cable
Ordinance (Section 4), during which any and all interested parties were allowed to provide
statements regarding the grant of the franchise rights contained herein; and
WHEREAS, the terms, conditions, and obligations provided herein are necessary to protect
the safety and welfare of the citizens of Tukwila and provide for the cable services needs of the
community;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1: Purpose.
This Ordinance, shall establish a non exclusive Franchise, which constitutes an agreement
between the City of Tukwila (hereinafter the "City and TCI Seattle, Inc. (hereinafter the
"Operator The Operator agrees to construct, maintain, and operate a cable television system for
the distribution of television and other electronic signals pursuant to the terms of this Franchise.
The City agrees to grant the Operator all necessary rights and privileges to use public rights of way
necessary for a cable television system. This agreement shall, as of its effective date, supersede and
replace all existing franchises previously granted by the City of Tukwila to the Operator or any of
its predecessors, subsidiaries or affiliated companies, and shall incorporate all provisions of
Ordinance #/(7, the Master Ordinance, which is hereby made a part of this ordinance by this
reference.
Section 2: Length of Franchise.
The length of this Franchise shall be for a term of fifteen (15) years from
02 through midnight 00
Section 3: Service Area.
The Operator's service area shall be the entire incorporated area of the City of Tukwila, in its
present incorporated form or in any later reorganized, consolidated, enlarged, or re- incorporated
form.
Page 1
Section 4: Franchise Fee.
The Operator shall pay to the City quarterly, on or before the thirtieth (30th) day of each
January, April, July and October, a sum equal to five percent (5 or greater of gross revenues, for
the preceding three calendar months, as defined in Ordinance /(p g7 Revenues that are derived
as a portion of a national or regional service shall be computed on a per subscriber basis if such
determination cannot be achieved by other means.
The City may raise the franchise fee, if so permitted by Federal and State law. Prior to
implementation of any increase in franchise fees the Operator may request a public hearing by the
City Council to discuss said increases. Following such a hearing the City Council may require the
implementation of such increase in accordance with the provisions of this Ordinance.
(a) Late Payment. Any quarterly franchise fee not paid by the Operator within thirty (30)
days of the end of a quarter shall bear interest at the rate of twelve percent (12 per annum
or whatever maximum amount is allowed under State law, whichever is greater, from the due
date until paid.
(b) Financial Reports. Each franchise fee payment shall be accompanied by a financial report
on a form provided by the City showing the basis for the Operator's computation and
separately indicating revenues received by the Operator within the City from basic service,
pay TV service, other applicable sources of revenue, and such other information directly
related to confirming the amount of the Operator's gross revenues as may be reasonably
required by the City.
(c) Audit bv The City shall have the right, upon reasonable notice or no less than two
(2) working days, to inspect the books and records of the Operator during normal business
hours, for the purpose of ascertaining the actual gross revenues collected by the Operator. In
the event that such audit discloses a discrepancy of more than ten percent (10 between the
financial report submitted by the Operator with a quarterly payment and the actual gross
revenues collected by the Operator, the Operator agrees to pay to the City the costs of such
audit. In the event that such audit results in a determination that additional franchise fees are
due the City, the Operator further agrees to pay any additional franchise fees plus interest as
required for late payment on such additional franchise fees, computed from the date on which
such additional franchise fees were due and payable.
(d) Non waiver. Acceptance of any franchise fee payment by the City shall not be construed
as an agreement by the City that the franchise fee paid is in fact the correct amount, nor shall
acceptance of payment by the City be construed as a release or waiver of any claim the City
may have for further or additional sums payable under the provisions of this Ordinance.
(e) Taxes. Nothing in this Section shall limit the Operator's obligation to pay applicable local,
State, or Federal taxes.
Section 5: Future Provisions
The City and the Operator acknowledge that the City should be provided with a cable
system that has at least the same general capabilities and capacity as those provided other cities
served by the Operator in the King- Pierce Snohomish County area of the State of Washington.
The City may, at its discretion, require that the Operator provide such interactive services as
addressability, security, computer interaction, banking, shopping, voice and data transmission,
High Definition Television (HDTV), fiber optic and other such features, as well as upgrades
capable of carrying at least fifty -four (54) channels, within twenty -four (24) months of any of the
following occurrences:
Provision by the Operator of any of the same services identified above to a preponderance
of the system;
(a) Within the City of Seattle system; or,
(b) Within any community adjacent to Tukwila; or,
(c) In forty percent (40 of the municipalities in the King, Pierce, and Snohomish Counties.
Notwithstanding the above, the Operator shall complete the upgrade to fifty -four (54)
channels, provide the facilities in Section 8 Regional Public Access, and have the capability of
implementing these enhanced services within forty -eight (48) months from the effective date of
this franchise.
Prior to implementation of any such service, the Operator may request a public hearing by
the City Council, to discuss the benefits of said features to the citizens of the City. Upon a
finding by the City Council that such features are reasonably required to meet community needs,
taking into consideration the expense of providing such services and the potential costs to
Page 2
subscribers, the City Council may require the implementation of such features in accord with the
provisions of this agreement. If the Council deem it necessary, it may, at its own option by a
majority vote, extend the time requirements established in this section.
Section 6: Access Channels
Upon completion of the upgrade conditions the City shall be provided with three (3) access
channels, one of which shall be capable of broadcasting live from City Hall. The City may
initially share a common public access channel with other communities, however, the City may
elect, at its option, to provide programming over an individual public access channel for the
City's sole use.
Additional channels over and above the three (3) designated channels shall be made
available for Public access, Education and Government (PEG) or City purposes when any of the
three (3) designated channels is in use for access purposes with programming during fifty
percent (50 of the hours between 10:00 a.m. and 10:00 p.m., during any consecutive ten (10)
week period. The Operator shall, within six (6) months following a request by the City, subject to
the restrictions above, provide another designated access channel for this purpose.
The Operator shall continue to provide additional channels under the same conditions
described above. Programming on additional channels shall be distinct and non repetitive of the
previous channel. If additional channels are designated for community use, but, after one year,
such channel(s) are not utilized at least twenty-five percent (25 of the hours between 10:00 a.m.
and 10:00 p.m. with programming, the access users will, within six (6) months of receiving
written notice from the Operator, group their programming into one contiguous block of time of
their choosing. The remaining broadcast time on such channel shall then revert to the Operator
for its unrestricted use within the terms and conditions of this ordinance.
Contributions to PEG access will not be considered in lieu of a franchise fee or other
obligations to the City.
Section 7: Government Access Eouivment
The Operator shall provide, maintain, and install the necessary equipment for local
government cablecasting within twelve (12) months of a request of the City, unless extended by
mutual written agreement. Such equipment shall not be less in quantity nor equivalent quality
than those listed in Appendix A, and all pieces shall be in new or like new condition.
Section 8: Regional Public Access
The Operator, upon completion of the upgrade or by the expiration of the forty-eight (48)
month period as prescribed in Section 5 Future Provisions, shall provide, maintain and operate a
regional public access studio to serve South King County at a location mutually agreeable to all
parties. Such facilities shall be subject to approval by the City as suitable. Such approval shall
not be unreasonably withheld.
Section 9: Institutional Networks
Upon completion of the cable system upgrade the Operator's system shall have the capability
of bi- directional Institutional Networks for educational and public safety communications. An
entity desiring activation of such feature(s) will provide the City Council demonstrated need of
such use.
Prior to implementation of any such service the Operator may request a public hearing by
the City Council, to discuss the benefits of said features to the citizens of the City. Upon a
finding by the City Council that such features are reasonably required to meet community needs,
taking into consideration the expense of providing such services and the potential costs to
subscribers, the City Council may require the implementation of such features in accord with the
provisions of this agreement.
Section 10: Emergency Override
Upon completion of the system upgrade subject to the conditions of Section F5, Future
Provisions the Operator shall make provisions for an emergency alert system. The Operator shall
establish a process which will provide a character generated scroll and will make its best effort to
furnish a voice override notifying viewers and listeners of an emergency. Subject to Federal and
State laws and regional planning authorities, control of these emergency override facilities shall
be the responsibility of the City. The City shall hold Operator, its agents, employees, officers,
and assigns harmless from any claims arising out of the emergency use of its transmitting
Page 3
facilities by the City. The City, at its option may elect to share this service with adjoining
communities.
Section 11: Emergency Power
Operator shall provide a standby power system to automatically activate equipment at the
headend and hubs, if applicable, in event of a primary electrical failure.
Section 12: Coverage.
The City shall be provided with cable television service in the entire Franchise area. If such a
condition does not now exist, the Operator shall complete such wiring and be in a position to offer
cable reception to all residents within twelve (12) months from the grant of the Franchise. Areas
subsequently annexed shall be provided with cable availability within twelve (12) months, subject
to the terms in Section F14 Extraordinary Installation.
Section 13: Cable Availability
Cable service shall not be denied to any group of potential residential cable subscribers
because of the income of the residents of the local area in which such group resides.
Section 14: Extraordinary Installation
All residents requesting cable service and living within one hundred fifty (150) feet of existing
cable distribution lines shall have the cable installed at the prevailing published installation rate.
In the event a request is made for service and the residence is more than one hundred fifty
(150) feet from an existing cable distribution line, such installation shall be completed on a time
and material cost basis for that portion of the service line extending beyond one hundred fifty (150)
feet.
Section 15: Distribution Line Extension Charges
Cable Service shall be available to all residents within the City provided there are at least
thirty five (35) dwelling units per street mile.
In the event a request is made for service by a resident(s) living in an area not meeting such
criteria, the Operator shall enter into a contractual agreement with the resident(s) requesting
service wherein the Operator shall be reimbursed for its construction costs. Whenever any
subsequent subscriber who did not contribute to the original cost of the extension connects to the
extended distribution service line, that subscriber shall pay his /her pro rata share directly to the
Operator prior to obtaining cable service. The Operator shall then promptly tender such payment
to the original subscriber so long as the agreement remains in force.
Reimbursement shall be calculated on a front foot basis as a percentage of the total cost of the
service line extension. Reimbursements shall be made to the original subscriber for a period of up
to five (5) years or to the point when the Operator has recovered its incremental costs to construct
the distribution service line.
The Operator may, at its option, record its contractual agreement with the original subscriber
in the office of the King County Recorder prior to the time any subsequent subscriber connects to
the extended service line.
Section 16: Public Buildings.
The Operator shall provide without charge for installation or monthly rate, basic service, one
outlet, and converter, if needed, at such public buildings and schools as specified in Appendix "B"
and "C" as well as other such buildings that may be constructed during the period of the Franchise
that are passed by cable and within one hundred fifty (150) feet of the trunk or distribution system.
Section 17: Penalties.
The City shall notify the Operator in writing stating the nature of a perceived deficiency in the
operation of the cable system and setting forth the time the Operator will be allowed to rectify such
alleged improper condition. The Operator may request an extension of time if construction is
suspended or delayed by the City, or where unusual weather, acts of God (e.g. earthquakes, floods,
etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the
control of the Operator, delay progress.
Page 4
The Operator shall not, through its own actions or inactions, substantially contribute to the
delay and the amount of time allowed shall be reasonable as determined by the City. The
extension of time in any case should not be less than the extent of the actual delay experienced by
the Operator in such cases where the City finds that the delay was beyond the control of the
Operator.
Failure of the Operator to correct these deficiencies, except in those circumstances cited above,
may result in the City calling a hearing to determine if penalties should be imposed upon the
Operator or if a material violation of the franchise has occurred.
If, following such hearing, it is determined by the City Council that the Operator has failed to
comply with the schedule set forth in the Franchise, monetary penalties shall be imposed as set
forth below for each day beyond thirty (30) days that the Operator has not fulfilled the
requirement(s) for:
a. Upgrade improvements and regional PEG facilities required by Section 5 Future
Provisions and Section 8 Regional Public Access, $200.00 per day;
b. Equipment and channels committed by the Operator to the City for access purposes as
well as I -Net activation. Sections 6 Access Channels; 7 Government Access Equipment and 9
Institutional Networks, $200.00 per day; or,
c. Coverage of annexed areas where such is not completed as required by Section 12
Coverage, $200.00 per day.
Any late payment of these penalties shall be subject to the provisions of Section 4 Franchise
Fee, subsection (a) Late Payment, contained herein.
Monetary penalties may be assessed retroactive to the date that notification was provided to
the Operator in such cases where the Operator has been non responsive in correcting the situation
or in the case of flagrant violations.
Termination of the Franchise pursuant to the procedure outlined in Section 32 Removal
Abandonment of Property of Franchisee of Ordinance No.M27 may be imposed for any violation
of one or more of the above listed items. The Operator and the City agree that any of the above
described violations, unless excused, or not corrected by the Operator within the time allotted,
shall constitute failure to comply with a material provision of the Franchise.
No penalty, bond, forfeiture, or termination shall be imposed for delays where such delays are the
result of causes beyond the reasonable control and /or without substantial fault or negligence of
the Operator, as reasonably determined by the City.
Section 18: Independent Contractors.
This agreement shall not be construed to provide that the Operator is the agent or legal
representative of the City for any purpose whatsoever. The Operator is not granted any express or
implied right or authority to assume or create any obligation or responsibility on behalf of or in the
name of the City or to bind the City in any manner or thing whatsoever.
Section 19: Entire Agreement.
This agreement, including the Master Cable Ordinance and exhibits that are attached hereto
and incorporated herein by reference represents all of the covenants, promises, agreements, and
conditions, both oral and written, between the parties. However, the City reserves the right to
waive any of these sections without affecting the applicability of other sections not so specifically
waived. Waiver of any Franchise requirement or Ordinance Sections by the City shall be in writing
in order to be effective.
Section 20: Successors or Assigns.
This Franchise Agreement, including all addenda, and the City's Master Cable Ordinance shall
be binding on the Operator, its heirs, successors, and assigns.
Section 21: Acceptance.
This grant of Franchise and its terms and provisions shall be accepted by the Operator by the
submission of a written instrument, executed and sworn to by a corporate officer of the Operator
before a Notary Public, and filed with the City Clerk within sixty (60) days after the effective date
of this Franchise. Such instrument shall evidence the unconditional acceptance of this Franchise
and the promise to comply with and abide by all its provisions, terms and conditions.
Page 5
Section 22: Effective Date.
This Ordinance shall take effect five (5) days from the date of publication, following adoption
by City Council. The Franchise granted by this Ordinance shall not become effective until the
Operator files written acceptance thereof.
Section 23: Severabilitv.
Each section, subsection or other portion of this Ordinance shall be severable and the
invalidity of any section, subsection, or other portion shall not invalidate the remainder.
Section 24: Notice.
Written notices shall be deemed to have been duly served if delivered in person to the
individual or entity for whom it was intended, or if delivered at or sent by registered or certified
United States mail to the last business address known to the party who gives the notice.
All notices and requests shall be addressed to the City of Tukwila and the Operator as
follows:
CITY:
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this C2 51 day of, ,1994.
ATTEST /AUTHENTICATED:
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By C
Office of the City Attorney
FILED WITH THE CITY CLERK: //c=
PASSED BY THE CITY COUNCIL: //.2 y S l ag
PUBLISHED: .28-15
EFFECTIVE DATE: 2-.2- TY
ORDINANCE NO.: gg
franchis.doc
OPERATOR:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
TCI Seattle, Inc.
15241 Pacific Hwy. S.
Seattle, WA 98188
ADDITIONAL NOTICE: TCI of Washington, Inc.
Attn: Legal Department
P.O. Box 5630
Terminal Annex
Denver, CO 80217
W. Rants, Mayor
Page 6
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; AMENDING ORDINANCE NO. 1688, SECTION 2, LENGTH
OF FRANCHISE, TO GRANT A CABLE TELEVISION SYSTEM FRANCHISE
EXTENSION TO COMCAST OF WASHINGTON IV, INCORPORATED;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on January 24, 1994, the City of Tukwila passed Ordinance No. 1688,
which went into effect on February 2, 1994, granting a 15 -year, non exclusive Franchise to
construct, operate, and maintain a cable system within the City rights -of -way, to
Telecommunications Incorporated of Seattle (TCI); and
WHEREAS, the legal name of the cable system operator changed from TCI to Comcast
of Washington IV, Incorporated (Comcast); and
WHEREAS, the City has determined the need for a one -year extension to evaluate
Comcast's franchise renewal proposal, and complete negotiations; and
WHEREAS, neither party waives any right which it enjoys under Taw as a result of
agreeing to this extension;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Length of Franchise Extended. Ordinance No. 1688, dated January 24, 1994,
which grants a Franchise to Comcast of Washington IV, Incorporated, and sets forth the
terms and conditions of said Franchise to construct, operate, and maintain a cable system
within Tukwila City limits, is hereby amended by granting a one -year extension to extend
the length of the Franchise to a term of 16 years, from February 2, 1994 through 12:00
midnight, February 1, 2010.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not• affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. 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.
Section 4. Written Acceptance. Comcast shall accept this ordinance in its entirety in
writing within 30 days of the effective date. Failure to provide written acceptance within
such time shall render this ordinance voidable.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY
Office of the City Attorney
1908
City of Tukwi_a
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
C: \Documents and S \All Use's \Desktop\ Kelly \MSDATA \Ordinances \Comcast Franduse.doc
1/28/2009
Page 1 of 1
U'i'1LI'1' COMMITTEE
Meeting Minutes
January 27, 2009 5:00 p.m. Conference Room 41
PRESENT
Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Pat Brodin, Ryan Larson and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m.
I. PRESENTATIONS
No Presentations.
City of Tukwila
Utilities Committee
II. BUSINESS AGENDA
A. Comcast Franchise Afreement
Staff is seeking full Council approval to amend Ordinance Number 1688, providing a one -year time
extension to the City's franchise agreement with Comcast, foonerly known as Telecommunications Inc.
of Seattle.
This 15 -year non exclusive franchise agreement between the City and Comcast is for the construction,
operation and maintenance of a cable system within the City. The current agreement is set to expire on
February 1, 2009, and staff is currently in discussions with Comcast regarding terms and conditions of a
new franchise agreement. Due to concerns with changing technology and FCC mandates, staff is
requesting additional time to negotiate a new agreement.
Due to the current agreement expiring on February 1, 2009, staff is requesting this item go directly to the
February 2 Regular meeting for consideration and action. UNANIMOUS APPROVAL. FORWARD
TO FEBRUARY 2 REGULAR MEETING.
B. 2009 Annual Small Drainage Program Consultant Selection and Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of
$58,584.86 for design services for the City's 2009 Annual Small Drainage Program. KPG was chosen
from the City's consultant roster (Municipal Research and Services Center Rosters).
Three projects have been identified for construction in 2009 through maintenance and citizen complaints.
Sites 1 and 3 have been on the construction list for several years, and Site 2 was recently identified and is
causing property damage. Through this design services agreement, KPG, Inc. will be able to tell the City
the most cost effective way to approach and construct this project. KPG has worked with the City on the
City's Small Drainage Program since 1991. Staff will return to the Committee for program bid award at a
later date. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:35 p.m.
Next meeting: Tuesday, February 10, 2009 5:00 p.m. Conference Room No. 1.
Committee Chair Approval
Minufby
Tentative Agenda Schedule
., MONTif'
','i'i'
February
16th -
Presidents' Day
(City Offtces closed)
March
30tl, -
Fifth Monday of the
month-no Council
meeting scheduled
April
'~~_;~l;
. '
2
See agenda packet
cover sheet for this
week's agenda
(February 2, 2009
Regular Meeting)
2
Special Presentation:
Overview of 2008 and
goals for 2009
aulia Patterson,
King County Council}
6
~~!W~;I: ,~~~~j
9 17 (Tuesday)
Special Presentation:
- Introduction of
new police officers
- Starfue charitable
giving report
Special Issues:
Human Services
contracts
9
Special Presentations:
- Federal briefing on
legislative issues
- State of the
Municipal Court
13
Special Presentation:
Seattle Southside
community report
AppOintment
Community-
Oriented Policing
Citizens Advisory
Board (COPCAB)
Unfinished Business:
Human Services
contracts
16
20
.-:,.:-:.:"--,;.".
. "_,.-_-;.." ',c..'
.l!~~W;~L
";'<<.;.,;.;:.;;,):
23
Public Hearing:
Street vacation of a
portion of right-of-way
along 13911 Tukwila
Inn Blvd.
23
COMMlTIEE OF THE
WHOLE MEETING TO
BE FOLWWED BY A
SF..CJAL MEETING
27
2nd (Monda
~ Transportation
Cmte,
5:00 PM
(CR #1)
~ Civil Service
Commission,
5:00 PM
(CR #3)
~ City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
9th (Monda
~ Community
Affairs &
Parks Cmte,
5: 00 PM
(CR #3)
~ City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chambers)
3rd
~ Chamber of
Commerce
Gov't &
Community
Affairs Crnte.,
12:00 NOON
(Chamber
Office)
~ Arts
Commission,
5:00 PM
(Community
Center)
~ Finance &
Safety Crnte,
5:00 PM
(CR #3)
~ Utilities Cmte,
5:00 PM
(CR #1)
~ Highway 99
Action Cmte,
7:00 PM
(Community
Center)
IIp.~ontirigMee1ings & :Events
" " "
-,. .."
FE.BRUARY 2009
4th (Wednesda
~ Sister City Cmte,
6:30 PM
(CR #3)
5th
> Equity &
Diversity
Commission,
5:15PM
(CR #3)
> Planning
Commission
(Work Session
on the Shoreline
Moster
Program),
6:00 PM
(Council
Chambers)
~ Coort
"11th (Wednesda
FREE Local Hoop
Shoot Contest
Free throw shooting
contest open to boys
and girls ages 5 to 14.
(Warm-ups begin at
5:30 PM; contest
starts at 6:00.)
14th (Satlirda
Council CoHee
Chat
10:00 AM to
12:00 NOON
at Starbucks
(13038 Interurban
Ave.)
Human Services
Advisory
Board,
10:00 AM
(Human
Services office)
FREE Local Hot
Spot Competition
Test your basketball
skills shooting from
five "Hot Spots."
Open to boys and
girls ages 7 to 14.
(Starts at 7:00 PM)
Both e:vents will be
held at Tukwila
Community Center.
Call
206-768-2822 for
more information.
Stop by and
informally talk with a
Tukwila City
Councilmember
about anything on
your mind regarding
Tukwila.
}> Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner oJ 206-767-2342.
}> Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices.
Contad Nancy Damon at 206-575-1633.
~ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
> City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
> Civil Service Commission: 1st Mon., 5:00 PM, ConL Room #3. Contad Be:v Willison at 206-433-1844.
> Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #3.
~ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej at 206-433-1834.
~ Finance & Safety Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 2/3/09 meeting: (A) Amendments to the
gambling tax ordinance regarding charitable and non-profit organizoJions. (B) Records storage facility lease. (C) City use of
armored car services.
~Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Cantact Chief Dave Haynes at 206-433-1812.
~ Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan a! 206-433-7180.
> Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206-767-2342.
:> Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206-767-2342.
> Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 7:00 PM,
Council Cbamb-.-rs at City Hall. Contact Wynetta Bivens at 206-431-3670.
> Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206-433-1844.
)> Transportation Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. Agenda items for 2/2/09 meeting: (A) 2009-2010 Overlay
Program consultant selection and agreement.
~ Utilities Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1.
~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).