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AG 90-014King County Property Services Division Department of Executive Administration King County Administration Building 500 Fourth Avenue Room 500 Seattle, Washington 98104 (206) 296-7470 FAX 296-0196 January 6, 1992 • k/ 2_ e-70 `4°./4 Carolyn A. Lake, City City of Federal Way 33530 1st Way So. Federal Way, WA 98003 °4 Attorney 1-7"1 RE: Transfer of Drainage Sites to the City of Federal Way Dear Ms. Lake: Cljy 4hT�vNw/ttl, EY Enclosed are copies of the fully executed and recorded agreement and deeds for the transfer of the County -owned drainage sites to the City. We are also providing the plat files which include all agreements, permits and easements affecting the subject sites. It is our understanding that the Surface Water Management Division has already provided you with the "as built" files. Thank you for your assistance in completing this transfer. If you have any questions, please call Carol Thompson, Inventory & Sales Officer, at 296-7470. Since el Pearl McElheran, Manager CT Enclosures CJ 9212311858 ;fir C , itope ty .arvi�es Division • AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR TRANSFER OF THE OWNERSHIP, OPERATION, AND MAINTENANCE OF DRAINAGE PROPERTIES AND FACILITIES • This Agreement is made and entered into this day by and between the City of Federal Way (hereinafter "City") and King County (hereinafter "County"). WHEREAS, the City of Federal Way was incorporated on February 28, 1990, by residents of the area in previously unincorporated King County known as Federal Way; and WHEREAS, the City desires to own, operate and maintain drainage facilities and other municipal programs, facilities and property inside its boundaries; and WHEREAS, the County desires to divest itself of ownership, management, and financial responsibility for drainage facilities located inside the City boundaries; and WHEREAS, it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW, THEREFORE, The City and the County hereby agree as follows: 1. Conveyance of Title/Existing Agreements, Contracts, Conditions or Maintenance Obligations. A. King County shall convey to the City by deeds attached to and incorporated by reference into this Agreement, the drainage facilities listed on Exhibit "A", incorporated herein by this reference. The deeds shall include all access easements,- all reservations of record known to the County, and any specific covenants pertaining to use and maintenance of the sites. The City agrees to abide by and enforce all the terms, conditions, reservations, restrictions, and covenants to title. Unless otherwise specified in this Agreement, title to the property shall be free of all monetary encumbrances. The County agrees to remove at its sole expense any such encumbrance before conveyance of the property. C. The County shall provide the City with a list of any and all contracts or other agreements, conditions or maintenance obligations, or dedications related to the use, or other restrictions on the conveyed properties and a copy of each such contract, agreement, permit or dedication, to the extent known and available to the County. 2. Responsibility for Operation, Maintenance, Repairs and Improvements. Except as provided otherwise in this section, on the effective date of conveyance of the properties, the City shall have full_ and complete responsibility for the operation, maintenance, repairs and any improvements to the sites listed in Exhibit "A". This shall include the responsibility for the City's personnel, payroll and purchasing. 3. Duration. This Agreement shall be effective on June 1, 1992, or that date upon which it has been signed by both Parties, if such date is later, and shall continue in force unless both parties mutually consent in writing to its termination. 4. Indemnification and Hold Harmless. A. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the non-existence, existence, validity or effect of City ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. B. In executing this Agreement, the City does not assume liability or responsibility for or in any way release the County from any liability or responsibility which arises in whole or in part from the non-existence, existence, validity or effect of County ordinances, rules or regulations. In any such cause, claim, suit, action or administrative proceeding is commenced, the County shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the County, the City, or both, the County shall satisfy the same, including all chargeable costs and reasonable attorney's fees. -2- C. The County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent action or omission of the County, its officers, agents and employees in performing services pursuant to this Agreement, or that arose prior to the effective date of transfer of title of this property to the City. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and the County and their respective elected officials, officers, agents and employees, the County shall satisfy the same. D. The City shall indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the County or the County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against the County and its officers, agents and employees or jointly against the County and the City and their respective officers, agents and employees, the City shall satisfy the same. E. Each Party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the sites identified in Exhibit "A". F. The City's and County's indemnification in this section shall survive this Agreement. 5. Records. The County shall provide the City at the earliest opportunity, but no later than December 31, 1992, with all warranties, maps, titles, "as builts", and any and all other records related to all properties and facilities, both real and personal, to the extent known and available to the County. -3- For information purposes, the County shall provide the City with a copy of all claims, actions or lawsuits pending against the County for all properties set forth in Paragraph 1. 6. Non -Discrimination. The City and the County are Equal Opportunity Employers. The City and the County shall comply with all applicable non-discrimination laws or requirements. 7. Audits and Inspections. In addition to the requirements set forth in Section 5 above, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting Party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 8. Waiver and Amendments. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto. 9. Default. A. In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement. B. In the event the County violates any of the conditions of this Agreement, including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement. c. Unless otherwise provided for herein, in the event either Party should commence legal proceedings to enforce any provisions of this Agreement, each Party shall be responsible for all of its costs and expenses incurred in connection with such proceedings, including attorney's fees. 10. Entire Agreement and Modifications. This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this Agreement as though fully set forth herein. -4- 11. Partial Invalidity. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 12. Administration of Acireement. The City and County shall each appoint a representative to review compliance with this Agreement and to resolve any conflicts. The City and County shall notify the other in writing of its designated representative. The administrators of the Agreement shall meet as needed. Either Party is authorized to convene a meeting with a minimum of ten (10) calendar days written notice to the other. Any conflict that is not resolved by the Agreement administrators within ten (10) working days of the meeting held to discuss the conflict shall be referred to the Federal Way City Manager and the King County Director of Public Works, who shall resolve the conflict. IN WITNESS WHEREOF, the Parties have executed this Agreement. KING COUNTY ILifivi (A) Tim Hill King County Executive 400 King County Courthouse Seattle, WA 98104 / 2 ./ 'i 2, Date Approved as to Form: \>1/4 King County Prosecuting Attorney Acting under authority of Motion Ord-i-fta1ec No. 8839 la\kathleer\agree\kingco.drn -5- CITY OF FEDERAL WAY Is .37/Brent Mc 11 Federal Way City Manager 33530 1st Way South Federal Way, WA 98003 Date App oved as to Form: Carolyn A.Lake City Attorney PLACE ADELAIDE BEACH ESTATES A ALDERBROOK DIV. NO. 2 M ALDERBROOK DIV. NO. 3 F APPLEWOOD A ATHLONE A BROOKFIELD COUNTRY ESTATES C BROOKLAKE MANOR DIV. 2 CORONADO A D DASH POINT GLEN A DASH. POINT HIGHHLANDS DIV. 1 A DASH POINT HIGHLANDS DIV. 2 A & II DUMAS BAY ESTATES A DUMAS BAY ESTATES NO. 3 A EVERGREEN CREST A GLENEDEN ESTATES GROUSEPOINTE A A HILLSIDE HEIGHTS 100 MADRONA MEADOWS CS C MADRONA TRAILS DIV. 1 B A MARINE VIEW FOREST A MARLBROOK DIV. 1 C MARLBROOK NORTH A MC ALPINE ADDITION MEADOWS AT PANTHER LAKE DIV 1 A MIRROR LAKE EAST A MIRROR WOOD A B NINE FIRS A NORTH SHORE II OLYMPIC PLAIN A REDONDO WEST A JOHN ROE ADDITION X ROSELLA LANE A SCARBOROUGH DIV. NO. 1 A SCARBOROUGH DIV. NO. 3 A SHORT PLAT 77600S SHORT PLAT 1077140 A SHORT PLAT 888040 A STEEL LAKE GLEN A STONEBROOK X Y VIEW POINT AT REDONDO A VIRGINIA HILLS II WEDGEWOOD WEST NO. 3 B J WEST CAMPUS BUS & OFFICE PARK 3 6 9 WEST CAMPUS DIV. NO. 4 A A "Exhibit A" COUNTY -OWNED PROPERTY USED FOR DRAINAGE PURPOSES WITHIN CITY OF FEDERAL WAY TRACT el WEST MARC TOTAL PARCELS - - 54 TAX ACCOUNT 005050-0110 -0120 010451-0600 010452-0340 025130-0340 029450-0210 113780-0480 114001-0170 176110-0550 -0570 189820-0140 189830-0320 189831-0470 211570-0270 211572-0580 241260-0150 279150-0570 294450-0730 -0740 337530-0710 502860-2300 502945-1290 515330-0230 516200-0460 516210-0860 525980-0500 542350-0620 555960-0170 556050-0430 -0440 609330-0070 615100-0130 638515-0220 720582-0250 738700-0110 742800-0430 757560-0700 757562-0780 0821'04-9254 182104-9041 '132103-9111 798380-0320 802950-0660 - 0670 891420-0440 894720-0130 921152-0580 - 0600 926470-0030 - 0040 - 0060 - 0090 926493-1000 926975-0920 KROLL ASSESSED PAGE VALUE 700 $ 1,000 700 $ 500 725 $ 100 725 $ 1,000 365 $ 1,000 703 $ 1,800 744 $ 1,000 744 $ 1,000 734 $ 500 734 $ 100 723 $ 4,700 722 $ 1,900 722 $11,200 711 $ 1,900 500 727 $ 4,200 734 $ 1,200 734 $ 1,000 734 $ 500 714 $29,400 743 $ 5,700 734 $ 5,600 702 $ 4,900 702 $ 2,400 702 $ 5,300 713 $ 9,800 734 $ 500 714 $ 2,900 713 $ 4,500 713 $ 9,000 794 $ 100 733 $ 1,000 733 $ 1,000 712 $ 5,000 743 $ 1,000 734 $ 1,000 366' $ 1,000 366 $15,000 714 $29,400 725; $ 1,500 724 $ 8,700 703 $10,000 723 $ 1,000 723 $ 1,000 702 $87,300 734 $18,800 733 $ 1,000 733 $ 500 726 $ 3,800 726 $ 3,800 736 $ 3,800 736 $ 3,800 725 $15,200 742 $ 1,000 ASSESSED VALUE - - $330,800 Filod For Record Athe Request Of King County Property Services Division 9212311858 DEDICATED SITES DEED The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, pursuant to King County Motion No. 8839, does hereby grant, sell and convey unto the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, all its right, title and interest in, and to, those certain rights in the following described lands created by reason of the dedications as shown on the face of the plat thereof: Tracts A & B, Adelaide Beach Estates, as recorded in Volume 143 of Plats, pages 37-39, records of King County, Washington. Tract M, Alderbrook Division No. 2, as recorded in Volume 120 of Plats, pages 18-20, records of King County, Washington. Tract F, Alderbrook Division No. 3, as recorded in Volume 120 of Plats, pages 21-23, records of King County, Washington. Tract A, Applewood, as recorded in Volume 142 of Plats, pages 56-59, records of King County, Washington. Tract A, Athlone, as recorded in Volume 107 of Plats, pages 5 & 6, records of King County, Washington. Tract C, Brookfield County Estates, as recorded in Volume 139 of Plats, pages 27-30, records of King County, Washington. Tract A, Brooklake Manor Division No. 2, as recorded in Volume 113 of Plats, pages 74-76, records of King County, Washington. Tracts A & D, Coronado, as recorded in Volume 121 of Plats, pages 86-88, records of King County, Washington. Tract A, Dash Point Glen, as recorded in Volume 143 of Plats, pages 87-89, records of King County, Washington. Tract A, Dash Point Highlands Division 1, as recorded in Volume 123 of Plats, pages 24-26, records of King County, Washington. Tract A, Dash Point Highlands Division 2, as recorded in Volume 126 of Plats, pages 29 & 30, records of King County, Washington. Tracts A & B, Dumas Bay Estates, as recorded in Volume 109 of Plats, pages 41 & 42, records of King County, Washington. Tract A, Dumas Bay Estates No. 3, as recorded in Volume 130 of Plats, pages 27 & 28, records of King County, Washington. Tract A, Evergreen Crest, as recorded in Volume 111 of Plats, pages 66-57, records of King County, Washington. Tract A, Gleneden Estates, as recorded in Volume 134 of Plats, pages 45-47, records of King County, Washington. Tracts A & B, Grousepointe, as recorded in Volume 144 of Plats, pages 71-74, records of King County, Washington. Tract 100, Hillside Heights, as recorded in Volume 113 of Plats, pages 54 & 55, records of King County, Washington. Tract C, Madrona Meadows, as recorded in Volume 141 of Plats, pages 61-71, records of King County, Washington. Tracts B & C, Madrona Trails Division 1, as recorded in Volume 111 of Plats, pages 33-35, records of King County, Washington. Tract A, Marine View Forest, as recorded in Volume 138 of Plats, pages 65-67, records of King County, Washington. Tract C, Marlbrook North, as recorded in Volume 117 of Plats, pages 69-71, records of King County, Washington. Tract A, Mc Alpine Addition, as recorded in Volume 122 of Plats, pages 49-52, records of King County, Washington. Tract A, Meadows at Panther Lake Division. 1, as recorded in Volume 123 of Plats, pages 20-22, records of King County, Washington. Tract A, Mirror Lake East, as recorded in Volume 137 of Plats, pages 6 & 7, records of King County, Washington. Tracts A & B, Mirror Wood, as recorded in Volume 127 of Plats, pages 11-13, records of King County, Washington. Tract A, Nine Firs, as recorded in Volume 122 of Plats, pages 4 & 5, records of King County, Washington. Tract B, North Shore, as recorded in Volume 152 of Plats, pages 74-76, records of King County, Washington. Tract A, Olympic Plain, as recorded in Volume 108 of Plats, pages 16-17, records of King County, Washington. Tract A, Redondo West, as recorded in Volume 117 of Plats, pages 89-90, records of King County, Washington. Tract X, John Roe Addition, as recorded in Volume 118 of Plats, pages 80 & 81, records of King County, Washington. Tract A, Rosella Lane, as recorded in Volume 136 of Plats, pages 26-28, records of King County, Washington. Tract A, Scarborough Division No. 1, as recorded in Volume 131 of Plats, pages 92-95, records of King County, Washington. Tract A, Scarborough Division No. 3, as recorded in Volume 142 of Plats, pages 31 & 32, records of King County, Washington. Tract A, Steel Lake Glen, as recorded in Volume 115 of Plats, pages 90-91, records of King County, Washington. Tracts X & Y, Stone Brook, as recorded in Volume 140 of Plats, pages 57-60, records of King County, Washington. Tract A, View Point at Redondo, as recorded in Volume 146 of Plats, pages 63-66, records of King County, Washington. Tract B, Virginia Hills, as recorded in Volume 115 of Plats, pages 35-36, records of King County, Washington. Tracts B & J, Wedgewood West No. 3, as recorded in Volume 140 of Plats, pages 91-93, records of King County, Washington. Tract A, West Marc, as recorded in Volume 117 of Plats, pages 72 & 73, records of King County, Washington. The City of Federal Way shall have full and complete responsibility for the operation, maintenance, repairs and any improvements to the sites listed above for drainage purposes in perpetuity in accordance with the Agreement between King County and the City of Federal Way for Transfer of the Ownership, Operation, and Maintenance of Drainige Properties and Facilities dated the Zg'1 day of 'i 1R�`F4.tiJy Y.„ , 19 f'k . Dated this STATE OF WASHINGTON ) SS COUNTY OF KING day of P.f`� 17Li? �1� , 19 °It,: KING COUNTY, WASHINGTON BY �LN2,'a TIM HILL COUNlY E ECUTIVE I certify that '71V1L/i()e\AVIr signed this instrument, on oath stated that he was authorized by the King County Executive to execute the i strument and acknowledged it as the lMY�onoi M�It 1C-�/a tysel:V'i'+vY OG Mb]►+i4'� Ti of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated •ry,••:Tl'T Tr,' I:" "' P"Y"s'cJ33{,ri.. i ' K ;l+i++};t, o. 7 — `` Irk -1dOTA� II�UjBLIC An and for thSt to ,� -of_W shi gton,_residing at k(J• My appointment expires 1 Filott Per Record At 11, flog e i 01 IL t.. l King County Property Services Division SPECIAL WARRANTY DEED DEEDED SITES The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, pursuant to King County Motion No. 8839, does hereby convey and warrant unto the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, the following described lands, situate in King County, Washington: 9212311858 Tract A, Marlbrook Division 1, as recorded in Volume 99 of Plats, pages 93 & 94, records of King County, Washington. Lot 2, LESS Road, King County Short Plat No. 77600S, as recorded under Auditor's File No. 7811020640, said short plat described as follows: Beginning 30 ft. North and 1160.41 ft. West of the S.E. corner of the West 1/2 of the SE 1/4 of the NW 1/4 of Section 8, Township 21 North, Range 4 East, W.M.; thence West 165 ft.; thence North 630 ft.; thence East 165 ft.; thence South 630 ft. to point of beginning. (Tax Lot 254, Section 8, Township 21 North, Range 4 East, W.M.) Tract A, King County Short Plat No. 1077140, as recorded under Auditor's File No. 7804170604, said short plat described as follows: Portion of NE 1/4 of Section 18, Township 21 North, Range 4 East, W.M., described as following: Beginning at S.E. corner of said NE 1/4 said point being on centerline of 1st Ave. So.; thence along said centerline and East line of short plat NE 1/4 N.01-02-38 E. 247.08 ft.; thence N.88-57-22 W. 42 ft. to Wly margin N.88-57-22 W. 375.25 ft; thence N.10-34-27 E. 142.15 ft. to angle point; thence NWly & along East line of West Campus Div. No. 1 N.05-33-39 W. 416.95 ft. to a point on the South margin of S.W. 325th P1.; thence along South margin S.88-57-22 E. 369.68 ft.; thence on a tangent curve to the right a radius of 30 ft. on a central angle 90-00-00 an arc distance of 47.12 ft. to a point on said Wly margin; thence South along said Wly margin S.01-02-38 W. 524.38 ft., M/L, to the true point of beginning. (Tax Lot 41, Section 18, Township 21 North, Range 4 East, W.M.) Tract A, King County Short Plat No. 888040, as recorded under Auditor's File No. 8912211175, said short plat being a portion of Lot 2, King County Short Plat No. 1178051R, as recorded under Auditor's File No. 8501140624, described as follows: Beginning at the S.W. corner of the SE 1/4 of Section 13, Township 21 North, Range 3 East, W.M.; thence N.0-57-39 E. 42 ft. to a point on Nly line of S.W. 336th St.; thence S.88 -4C-50 E. 150 ft. to true point of beginning; thence continuing S.88-56-50 E. 464.82 ft.; thence N.0-58-28 E. 47.22 ft.; thence N.89-01-32 W. 19 ft.; thence N.0-58-28 E. 240 ft.; thence N.88-47-49 W. 502.89 ft.; thence S.0-57-39 W. 103.5 ft.; thence S.43-53-00 E. 15.6 ft.; thence S.0-57-39 W. 70 ft.; thence S.23-10-03 E. 112.5 ft. to point of beginning. (Tax Lot 111, Section 13, Township 21 North, Range 3 East, W.M.) Tracts 3, 4, 6 & 9, West Campus Business & Office Park, as recorded in Volume 96 of Plats, pages 50-53, records of King County, Washington. Tract A, West Campus Division No. 4, as recorded in Volume 113 of Plats, pages 89-91, records of King County, Washington. The warranty herein is limited to the acts of the Grantor, and against claims and demands of all persons claiming by, through and under the Grantor herein. The City of Federal Way shall have full and complete responsibility for the operation, maintenance, repairs and any improvements to the sites listed above for drainage purposes in perpetuity in accordance with the Agreement between King County and the City of Federal Way for Transfer of the Ownership, Operation, and Maix�}}tenance of Drainage Properties and Facilities dated the J.q"day of(OUP.t:YrA,k/ , 19L Dated this day of Y'�k)000-'X1 KING COUNTY, WASHINGTON , 19 41-7--? TIMMLi TITLE KtWG COU STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that` t4fY1 cA/M/ i signed this instrument, on oath stat d that c)he was authorized by the King County Executive to execute the instrument, and,acknowledged it as the le1,s F Ol BCL{Iw; i° O Nib 11 41t'hu1 of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated I''/2 i f 61 � M�J:R�t•}MR wI!axl'�: aRr•YauetlYi.'�N.n .a NOTARY BI(IC in and'for the Stade oWas ington, residing at My appointment expires Orn 9'61.. /9 AN INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOf C AJI PROVISION OF ROADS' SERVICES This agreement is made and entered into this day by and between the City of Federal Way, hereinafter called "City," and King County, hereinafter called "County." WHEREAS, residents of the unincorporated King County area known as Federal Way have voted to become an incorporated city, and WHEREAS, the City desires to provide quality road maintenance and traffic control services for its residents from the date of incorporation, and WHEREAS, the City will not have the organization and personnel to provide such services for some period of time after incorporation, and WHEREAS, the County is able to provide such roads and traffic services for the City, and WHEREAS, it is in the public interest that the jurisdictions cooperate to provide effective and cost efficient transportation services, and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the parties are each authorized to enter into an agreement for cooperative action; NOW THEREFORE, the County and City hereby agree: 1. Base Level Services. The County will provide roadway and traffic maintenance services, as identified in Exhibit 1, within the City limits, rendering such services at the same level, degree and type as is customarily provided by the County in unincorporated King County, as generally described in the goals identified in the King County Manual for Roads Maintenance Management, Chapters 3 and 6. 2. Discretionary Services. At the request of the City, the County will pro- vide discretionary services listed in Exhibit 2. Exhibit 2 may be amended from time to time by a mutual written agreement of the County Road Engineer and the City Manager. The amendment shall be appended to this agreement. The City's requests for discretionary services will be converted to work orders by the appropriate County liaison. Such work orders will be reviewed by the County liaison with the City liaison prior to scheduling the work. 3. County and City Coordination. The County will identify specific liaisons for both roadway and traffic maintenance services to handle day-to-day operational problems related to basic and discretionary services. The City will identify a liaison for the same purposes. Emergency work to protect public safety and/or property will be handled as the County liaison deems necessary. Emergency work may include, but is not limited to, snow and ice control, slide removal, flood damage to roads and road rights-of-way. The City liaison will be informed within twelve hours of the occurrence. Page 1 ORIGINAL Federal Way Interlocal Agreement: Roads January 1990 Citizen inquiries shall be handled pursuant to the administratively adopted King County Citizen Action Request process (see Exhibit 4 for request form). 4. Personnel and Equipment. A. The County is acting hereunder as an independent contractor so that: 1. Control of personnel standards of performance, discipline and all other aspects of performance shall be governed entirely by the County; 2. Except as described in 4C below, all persons rendering service hereunder shall be for all purposes employees of the County; B. The County shall furnish all personnel and such resources and materials deemed by the County as necessary to provide the level of roadway and traffic services herein described. C. In the event the County uses contract services to perform one or more of the basic or discretionary services for the City, the appropriate supervision and inspection of the contractor's work will be performed by the County. 5. Compensation. A. Costs. In consideration for both base and discretionary services provided by the County as set forth herein, the City promises to pay the County for actual costs, (including direct labor, employee benefits, equipment rental, materials and supplies, utilities, permits) and annual administrative overhead costs. The County will report monthly on roadway and traffic maintenance services provided by major category as listed in Exhibits 1 and 2. B. Billing. The cost of services will be billed monthly. The monthly bill will reflect actual costs plus the annual administrative overhead rate, which is 28 percent in 1990. Payments are due within 30 days of invoicing by the County. C. Extraordinary Costs. The City shall be responsible for any extraordinary costs resulting from the City's decision to modify services. 6. City Responsibilities. In support of the County providing the services described in Sections 1 and 2 above, the City shall: A. Confer hereby the authority on the County to perform the roads and traffic maintenance services within the City limits for the purposes of carrying out this agreement. B. The City agrees that when the County provides engineering and administrative services for the City, the County Road Engineer may exercise Page 2 Federal Way Interlocal Agreement: Roads January 1990 all the powers and perform all the duties vested by law or by resolution in the City Engineer or other officer or department charged with street administration. C. The City will adopt by reference all of the County codes necessary to provide authority for the County to perform the services of this contract, for example, road standards, speed limits and parking regulations. 7. Duration. This Agreement is effective on February 28, 1990, provided the agreement has been duly authorized and signed by both parties. The agreement shall renew automatically from year-to-year unless either party provides written notice by April 1 of its intent to terminate the agreement effective January 1 of the next calendar year. Both parties agree to commence by June 30, 1990 work on a transition plan to provide for an orderly transition of selected responsibilities from the County to the City on January 1, 1991. 8. Indemnification: A. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence, validity or effect of city ordinances, rules or regulations. In any such cause, claim, suit, action or administrative proceeding is comme'i, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. B. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the County, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the County and their respec- tive officers, agents, and employees the County shall satisfy the same. C. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents, and employees. Page 3 Federal Way Interlocal Agreement: Roads January 1990 In the event that any suit based upon such a claim, action, loss, or damage is brought against the County or the City and the County, the City shall defend the same at its sole cost and expense; and if final judgment be rendered against the County, and its officers, agents, and employees or jointly against the County and the City and their respec- tive officers, agents, and employees the city shall satisfy the same. 9. Non-discrimination. The County and the City certify that they are Equal Opportunity Employers. The County has developed and implemented Affirmative Action Programs in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. The City will develop and implement Affirmative Action Programs which meet the applicable federal standards. 10. Audits and Inspections. The records and documents with respect to all matters covered by this contract shall be subject to inspection, review or audit by the County or City during the term of this contract and three (3) years after termination. 11. Amendments. The Agreement may be amended at any time by mutual written agreement of the parties. 12. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and an oral representations or understandings not incorporated herein are excluded. 13. Contract Administration. The parties shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by the County's and City's liaisons. Each party shall notify the other in writing of its designated representatives. The representatives from the County will include the Roads Division and the Office of Financial Management. The contract administrators will meet at least quarterly, with either party authorized to call additional meetings with ten days written notice to the other. Any problem which cannot be resolved by the parties' designated representatives shall be referred to the City Manager and the King County Director of the Public Works Department for settlement. Page 4 Federal Way Interlocal Agreement: Roads January 1990 14. Invalid Provisions. If any provision of this contract shall be held invalid, the remainder of the agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. IN WITNESS WHEREOF, the parties have executed this agreement. KING COUNTY FEDERAL WAY King County Executive at gate Approved as to Form Approved as to Form King County Cit'torney Prosecuting Attorney JBC:jwr JC:K.90.12/A Budget Division 1/90 Page 5 EXHIBIT I Federal Way Base Level Services King County will provide roadway and traffic maintenance services within the city limits of Federal Way at the levels described in Section 1 of the agreement as follows: Roadway Maintenance 1. Traveled Way/Roadway Surface: Patching, crack pouring, prelevel, pavement replacement, grading, and dust control. 2. Shoulders: Restoration construction, paving, curb and gutter repair, restoration, spraying, and extending pavement edge. 3. Drainage: Installation of drainage pipe, curb, catch basins, culvert headers/trash racks; hand ditching, drainage pipe repair, catch basin, man- hole cleaning, blade ditching/shoulder pulling, drainage systems cleaning, pipe marking drainage preparation, catch basin repair, culvert header/trash rack replacement and repair, bucket ditching, catch basin replacement, erosion control, catch basin/manhole cover replacement, silt removal, Ditchmaster ditch cleaning. 4. Structures: Installation of rock, gabion and rip -rap walls, guardrails, fencing, median barrier walls; bridge tending, rock wall repair or replace- ment, guidepost installation, guardrail repair, retaining wall repair, median barrier replacement, guardrail post removal, fencing repair, bridge repair. 5. Traffic and Pedestrian Facilities: Concrete sidewalk installation; sidewalk/walkway repair, hazardous material cleanup, street sweeping, street flushing, snow and ice control, traffic control barricades. 6. Roadside: Landscape restoration; slope/shoulder mowing, litter pickup, hand brushing, danger tree removal, landscape maintenance, slide removal, ornamental tree maintenance, tree trimming, hand mowing, roadside and spraying, tansy ragwort spraying, washout repair. Traffic Maintenance 1. Sign Maintenance: Replacing faded sign faces and rotten posts, straightening leaning posts, cleating uncleated posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs damaged by vehicle accidents, inspection of signs to check for reflectivity, cutting or trimming bushes or limbs blocking visibility, removal of signs when appropriate. 2. Crosswalks: Refurbishing with thermoplastics and temporary tape, and removal when appropriate. 3. Stop Bars: Refurbishing with thermoplastics and temporary tape, and removal when appropriate. 4. Arrows/Legends: Remarking worn arrows, removing when appropriate. 5. Curb Painting: Maintenance of curbing, islands, and parking stalls. 6. Buttons: Removal and replacement of buttons or rumble bars. 7. Stripping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, and removal of line, stripes or symbols from the pavement. 8. Street lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles or wiring. 9. Utility locating: Locating underground traffic facilities for utilities or other digging operations. 10. Signal Maintenance: replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays, supports or wiring external to controller cabinet, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair and preventative maintenance. 11. Flasher/crosswalk preventative maintenance: examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies. Budget Division TH:JC:jwr JC Disk: K.90.12X 1/90 • • Exhibit 2 Federal Way Discretionary Services King County will provide road discretionary services within the city limits of Federal Way at the same level, degree and type as is customarily provided by the County in unincorporated King County as follows: - Inspection of construction by utility companies to ensure that road restoration is done to County/City standards. Annual inspection and reporting for the bridge over Hylebos Creek as required by the federal government. Continuously update approximately 21 engineering section maps within the city boundaries to reflect new roadways and plats. - Complete the research and recommendations for any road vacations filed prior to the date of incorporation. JC Disk:K.90.12X1 Budget Division EXHIBIT 4 Federal. Way Discretionary Services Request Process 1. Request received or identified by City 2. City determines it is a discretionary service. If the City liaison wishes a preliminary cost estimate, he or she telephones the County liaison. 3. City fills out a Request for Discretionary Road Maintenance Service Form A. 4. City Manager or designee signs Form A under the authorization for the County to proceed. 5. Form A is faxed to the appropriate County liaison. 6. County liaison determines whether or not the County can accommodate the request for investigation. If not, Form A is faxed back to the City along with a written denial containing a short explanation. If yes, the Request is delegated to the appropriate employee for investigation. 7. Following the investigation, the Recommended Action portion of Response to Request for Discretionary Road Maintenance Service Form B is completed. This includes the recommended action, a cost estimate, and a proposed schedule for when the work can be accomplished. 8. -A copy of Form B is faxed to the City. 9. Form B is signed by the County Road Engineer or designee, thereby confirming that the County is willing to proceed with the discretionary service. If the Road Engineer turns down the request, the County liaison informs the Federal Way liaison. 10. The County liaison initiates a Work Order and schedules the project. 11. Once the project has been finished, a copy of a completed Work Order is mailed or faxed to the City. 12. The County liaison maintains a file of completed Work Orders, and copies of Forms A & B. 13. Every month, the County liaison sends the City liaison originals of Form B. The City liaison maintains a file of originals of Forms A & B, and copies of completed Work Orders. REQUEST FOR DISCRETIONARY ROAD MAINTENANCE SERVICE -•- FEDERAL WAY Form A Request Number: Date: Nature of Request: Location: Requestor Name: Address Telephone: Authorized for County to Perform Discretionary Service: Federal Way City Manager/Designee • REQUEST FOR DISCRETIONARY ROAD MAINTENANCE SERVICE -- FEDERAL WAY Form B Request Number:. Date: Recommended Action: Cost Estimate: Proposed Schedule: Authorization to Proceed: County Road Engineer/Designee loll LUUr i f TRAFFIC SIGNALS INVESTIGATION REQUEST REPORT 41, DATE: TIME: SIGNAL NUMBER: REFERENCE NO: LOCATION: REPORTED BY: TIME REPORTED: TELEPHONE: TIME TECH. NOTIFIED: TECH. CODE: DATE: TECH. WORK ARRIVAL TIME: DATE: COMPLETION TIME: DATE: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NATURE OF COMPLAINT: ACTUAL ISSUE: ACTION TAKEN TO CORRECT ISSUE: ********************************************* FURTHER ACTION REQUIRED: YES NO W.O. REQ'D: TIMING SHEET REQ'D: INVENTORY CHANGED: ACTION CODES: TECHNICIAN'S NAME: DATE: APPROVED BY: DATE: • KING COUNTY TRAFFIC SIGNALS PREVENTIVE MAINTENANCE RECORDS field sheet This location was last cheoked by: Signal Number: -• - Location: Time of Completion: Checklist Date: Condition HEAD ALIGNMENT, FOCUS. & BACK PLATES -• HEAD HEIGHTS N/Bft in E/B„-.ftin S/C3 ft in W/B ft in CONDUIT & BRACKETS PEDESTRIAN PUSH BUTTONS & SIGNS (ACTIVATE EACH BUTTON) PEDESTRIAN HEAD ALIGNMENT, EGG CRATES, LENSES, & DISPLAY GENERAL APPEARANCE & CONDITION OF EXTERNAL EQUIPMENT SECURITYOF CABINET & POLICE PANEL VENTILATION MOTORS, THERMOSTAT & CABINET FILTERS RELAYS, LOAD SWITCHES, & FLASHERS (SECURE IN THEIR SOCKETS) CHECK ALL SCREWS & NUTS ON FIELD WIRING & GROUND TERMINALS OPERATION OF VEHICLE DETECTORS, INDICATOR, & TEST SWITCHES GENERAL CONDITION'OF LOOPS & LEAD IN REMOTE CABINET CONDITION CONDITION OF FIELD JUNCTION BOXES CONTACT CONDITION OF ELECTRO -MECHANICAL EQUIPMENT -��--- TIMING OF CONTROLLER (PER TIMING SHEET) EMERGENCY PREEMPTION (USE MANUAL TEST SWITCHES) CHECK'GROUND FAULT CIRCUIT ON AUX. AC OUTLET CLOCKS & BATTERY BACKUP CIRCUITS SERVICE BOX (AC POWER) & PADLOCK CONDITION ON POLE OPERATIONAL EFFICIENCY BY OBSERVATION (TRAFFIC MOVEMENT) OTHER ACTION TAKEN: FURTHER ACTION REQUIRED Y/N W. 0. REO'D:Y/N TIMING SHT. CHG'D:_ , Y/N INV. CHG'D: Y/N ACTION CODES: TECHNICIAN NAME: APPROVED BY: . .. DATE :......./.._./.. lIkIi COUNTY TRAFFIC SIGNALS 411 PREVENTIVE MAINTENANCE RECORDS field sheet This location was last checked, by: ROBERTS/SHOEMAKER Signal Number: 1003 REF4;:PM25410 Location: 99 AVE SW & SW 196 ST, VASHON Time of Completion: Date: 08/2I/89 Date: / / Checklist Condition HEAD ALIGNMENT, FOCUS, & BACK PLATES IIEAD HEIGHTS N/B ft in E/B ft in S/Bft in W/Bft in CONDUIT & BRACKETS PEDESTRIAN PUSH BUTTONS & SIGNS (ACTIVATE EACH BUTTON) PEDESTRIAN HEAD ALIGNMENT, EGG CRATES, LENSES, & DISPLAY GENERAL APPEARANCE & CONDITION OF EXTERNAL EQUIPMENT SECURITY OF CABINET & POLICE PANEL VENTILATION MOTORS, THERMOSTAT & CABINET FILTERS RELAYS, LOAD SWITCHES, & FLASHERS (SECURE IN THEIR SOCI%ETS) CHECK ALL SCREWS & NUTS ON FIELD WIRING & GROUND TERMINALS OPERATION OF VEHICLE DETECTORS, INDICATOR, & TEST SWITCHES GENERAL CONDITION OF LOOPS & LEAD IN REMOTE CABINET CONDITION CONDITION OF FIELD JUNCTION BOXES CONTACT CONDITION OF ELECTRO -MECHANICAL EQUIPMENT TIMING OF CONTROLLER (PER TIMING SHEET) EMERGENCY PREEMPTION (USE MANUAL TEST SWITCHES) CHECK GROUND FAULT CIRCUIT ON AUX. AC OUTLET CLOCKS & BATTERY BACKUP CIRCUITS SERVICE BOX (AC POWER) & PADLOCK CONDITION OK POLE OPERATIONAL EFFICIENCY BY OBSERVATION (TRAFFIC- MOVEMENT, OTHER ACTION TAKEN: FURTHER ACTION REQUIRED: Y/N W. 0. REQ' D : Y/N TIMING SHT. CHG' D : Y/N INV. CIIG' D : Y/N ACTION CODES: TECHNICIAN NAME: DATE: / / APPROVED BY: DATE: / Doug Mattoon Maint Engr 296-8100 Bob Gaunt Henry Kuga Division Supt Sp Ops Supt John Loutsis Division 1 Gordy Mayrand Dvision 2 Jeri Malgrarini I ! Dvision 3 Tod Reeve Division 4 Bob Napier Division 5 Joe Faccone Division 5 Tom Henry ! Utility Inspection i �---' Tom Rountree Bridges !--� Bill Bowman Construction CR Haulman Landscape �--+ George Bray Drainage Bob McMannus Paving Jay Fulwider Douglas W. Mattoon Maintenance Engineer Maintenance Section KING COUNTY Roads Division Department of Public Works 155 Monroe Avenue N.E. Renton, WA 980564199 (206) 296-8100 Ibll-free 1-800-527-6237 ' 4K 496 - 8/98 Rod Matsuno Maint Admin Manager �Kathy Brown I I Management systems 1 SwangMRims 61,-,v(-- 96 z,�. , OWO IO - <;2 e)2 atere4e6i'Ua� Are tfie �s�