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Council PKT 03-21-2006 Regular ,~ Federal Way Nchtve City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kochmar Eric Faison Dean McColgan CITY MANAGER Derek Matheson, j Interim City Manager ,- OFFICE OF THE CITY CLERK I March 21, 2006 - Regular Meeting , I i I I l_ _ ___ _ _ __ _. . .--.- ---~~,-...~_...__.-.,-,._..._.. - ., _,_.__..,,,. u_. ,. . '","-"-" I L_.______________________m_ ___________ __ -----,-,."--_."._-----,."'.~-.--.,~-_..._.,._. - ....,.....-..----.---..---.-......- -... ......,-...--.-.... . ---,,-."-",-" _J -.... AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 21, 2006 - 7:00 PM (www.cilyojfederalway.com) * * * * * l. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. City Manager/Introduction of New City Employees b. City Manager/Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens mayaddress City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee o/three members and brought before full Councilfor approval; all items are enacted by one motion. Individual items may be removed by a Councilmemberfor separate discussion and subsequent motion. a. Minutes: Approval of March 7,2006 Regular Meeting b, Award of Quote for the Purchase of Replacement Public Safety MobileComputers c. Enactment Ordinance - Council Bill #399-Moditying the Citizen Advisory Committee Requirements in Ordinance No. 95-240 d. Enactment Ordinance - Council Bill #400 - Comeast Cable Franchise Agreement Extension e. Enactment Ordinance - Council Bill #401-Carry-forward Budget Adjustments f. ILA City of federal Way & federal Way School District #210 for School Resource Officers g. 2006 Asphalt Overlay Project Bid A ward h. South 320th Street at I st Ave S Intersection Improvement Project-"" 85% Design Status Report 1. South 373r<1 Street Bridge Replacement - WSDOT &LUD ILA's J. Joe's Creek Habitat Restoration Project - 100% Design Status Report and Authorization to Bid k. 3361h/1 sl Way S Intersection Improvement Projects -- Bid A ward 6. PUBLIC HEARING a. Surplus Proper1y: Parcel No. 0821049273 . Staff Report . Citizen Comment (3-minute limit) . City Council Action -- Resolution Declaring Property Surplus 7. COUNCIL BUSINESS a. Sound Transit Phase II 8. INTRODUCTION ORDINANCES a. Council Bill #402- Ordinance Terminating the AT&T Franchise Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERALWAY, WASHINGTON, TERMIN A UNG AT&T'S FRANCHISE AGREEMENT (TERMINA TING ORDINANCE NO. 03-437). 9. CITY COUNCIL REPORTS 10. CITY MANAGER REPORT 11. EXECUTIVE SESSION a. Collective Bargaining pursuant to RCW 42.30. 140(4)(a) b. Potential Litigation pursuant to RCW 42.30.11 O(I)(i) 12. ADJOURNMENT .. THE COUNCIL MAY ADlJAND TAKE ACTfONON OTHER ITEMS Nor USTED ON THE AUENDA .. THE COMPLETE AGENDA PACKET [S AVAILA8LE FOR RF,VmW AT CITY HALL ANO ALSO ON THE CITY'S WEnSlTE I. !;c MEETING DATE: March 21, 2006 ITEM# _Sa.., ..._...~...y""" ...._.~."........._.......,,,.............._..._..- ...... ..._._-_.,.~,...__........_........."..., ",....,._-~~.~'",.._..........,..,",..,........ ......._.~..,.....,..._.~..,..~"'~.........._.........~......~_......__...,y~",..,...........'........."'.,..__...,',... ,.......,.....,..............--......-.......". . .......-...........,.......,......---...... , ,. ..........~_..._.. . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES .,..,.__~.....~..~...._..~....,"',.....__.. .,..,..,...,"........._~~"',....'_.....,'".........__~,....,...........__._~......."",.__...~ ......._.""'...._,_.._..."",,.,.__.,_~~........."'...,.,.........,,~,..... ..~,......~..-- ....__~.. .........,....~__~....."m.......'''"..~.___......._...................,...,.,.._.......... .......-.......-..........."... . CATEGORY: BUDGET IMPACT: IZI CONSENT o ORDINANCE Amount Budgeted: $ 0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ ._..~~..~~~~..,"".......------.......,.,',..".~___.......___._------.~.,".~.......----...-...~---'--".""..n.--_...--------_.............--"".n~~_______._._..~.....,"~____~~.".........._"'__._"..n..'......,.,..,......,,"'"__,~~~..........~~.,..,...___...~._.J."..m.'.'__.__~"~..."....,,.___ ATTACHMENTS: Draft minutes of the City Council Regular March 7, 2006 meeting. _.....~~~".......,,___~~...__.......~..........~__.....~.._..".~~~......~.~__................_...~___~~......n............----.~"'...,..."~.~.~.....~......__~~,_...".........."~~~~..""..~.......---.........~...,....",,....._...___....." ,....~,~_.......__._,,".........._""_.._ ................,,-.. SUMMARYIBACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW requirements. ....,__.__...._...",......~..._....."....~.~........,.~."......~_...._~._........"....~......_._......"....n._......._.......".~..~.~__________.......".~_......._..............'""'-..._,~_~..~......."_~_ ..........._.__......m.._.__~......."..._....,___.___......."".,...".."....._._____.__~M........'.."'.__.._........... CITY COUNCIL COMMITTEE RECOMMENDATION: nfa ._...........__._......__........._.._..........._...._._.m.._.......'._m.............__._._._........_..__...........__...._......_..__.._.._._...___....._..._____...................._ m..................._.__..___......................._mm_._.............._.......__.........-_._-~_..... PROPOSED MOTION: I move approval of the mdty Coullcil Regular Meeting on March 7, 2006. --;;;~~~~R~VA~~-fjl.:J-- -~----_.- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1ST d' rea lUg 0 TABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REV/SED - 05/10/2001 . ...-...-- PRELIMINARY . FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 7, 2006 -7:00 PM MINUTES * * * * * 1. CALL MEETING TO ORDER - Mayor Park called the meeting to order at 7:02 PM. Councilmembers present: Burbidge, Dovey, Faison, Kochmar, MeColgan, Deputy Mayor Ferrell and Mayor Park 2. PLEDGE OF ALLEGIANCE - Led by Boy Seout Pack 300 3. PRESENTATIONS a. Emerging Issue/Bill Block, Director of the Committee to End Homelessness in King County . Bill Block, Director of the Committee to End Homelessness in King County, gave a presentation of the scope of the program and asked the City Council to endorse the 10-year plan to end homelessness as well as commit to partnering with other agencies regarding the issue. Mr. BIock, in reference to a question posed by CounciImember McColgan, stated that outcomes would be measured by tracking people in various programs. b. Certificates of Appointment - Independent Salary Commission Mayor Park stated that Ron Secreto and Frank Marshall were unable to attend the Council Meeting to accept their eertificates to the Independent Salary Commission but they would be mailed out. c. Police Chief's Certificate of Merit Officer John Kamiya received a Certificate of Merit for his work on a fraud investigation that eventually let the successful prosecution of Korean nationals. Chief Kirkpatrick also introduced Officers Bill Drake and Gary Crawford for their work on obtaining CALEA (Commission for Accreditation for Law Enforcement Agencies) designation. . -,-- PRELIMINARY d. Swearing-in CeremonylNew Officers . City Clerk Laura Hathaway presided over the swearing-in of Officers Nieholas Peterson, Brandon Parsons and Catriona Siver. e. City Manager/Introduction of New City Employees Mr. Matheson introduced Summer Owens (who could not attend) as a new Court Clerk in the Municipal Court Division. f. City Manager/Emerging Issues There was no emerging issues report by Interim City Manager Matheson. 4. CITIZEN COMMENT Arlene Christy (with Karen and Robert Christy) - retiring ownership/operation of their golf eourse and asked if the City would be interested in using it as a future recreational facility - they don't want it to go to housing or other development. Council will look into it. Lana Bostic, Chair ofllie Federal Way Arts Commission, gave an update on commission . projects and events and stated that the Advancing Leadership Group has approached the Arts Commission with a request to paint a mural on the side of the Shurgard Storage building adjacent to Celebration Park. She also stated that the 320lh library should remain at that location and addressed trash in the City. Frosty Hardison - spoke regarding his eoncems in reference to eminent domain; sees pros and cons on the issue and gave a couple of examples. Margaret Nelson - submitted packet of information including a petition against moving the location of the 320111 Library to downtown and stated the bond issue passed was to rebuild the library in its existing location. Shirley Kielgaard - spoke in opposition to moving the 320lh library. Viola Mullins - spoke in opposition to moving the 320lh library. H. David Kaplan - spoke in opposition to moving the 320lh library Gavla Hardison - spoke in opposition to moving the 320111 library to downtown and stated that because the current location is already on the bus line it will not provide increased accessibility . . Barbara Reid - spoke against the Art Commissions suggestion to place a mural 011 the Shurgard Storage Building adjacent to Celebration Park. PRELIMINARY Mayor Park asked Interim City Manager Derek Matheson to brief the Council on the . lihrary issue. Mr. Matheson stated the City Council has not taken any offiCial action endorsing a move of the 320lh library to a new location, but individual Councilmembers have expressed the City's support for a "!ew location. Deputy Mayor Ferrell asked thaI lhe Council have a public meeting prior to the King County Library meeting in April and asked about the possibility of having a representativefrom the King County Library at the meeting MOTION: Deputy Mayor Ferrell moved to suspend the rules to allow for additional Public Comment from Margaret Nelson. Cotmcilmember Kochmar second. The motion passed 6~ 1; Councilmember Faison dissenting. Margaret Nelson - stated that some of the infonnation presented gives the impression that the City of Federal Way is asking the Library to move locations and stated that the Council should make a formal decision whether or not they support this. 5. CONSENT AGENDA a. Minutes: Approval of February 21, 2006 Regular Meeting ~ Approved b. Approval of Council R~treat Summary - Approved c. Vouchers - Approved d. Monthly Financial Report - December;.. Approved .. e. Enactment Ordinance - Council Bill #398-Criminal and Traffic Code Amendments - Amending Chapter 6 Articles 4&7 of the Criminal Code and adding Article 10 to Chapter 15 of the Traffic Code ofthe City of Federal Way- Approved f. Adoption of Federal Way's Housing and Human Services Consolidated Plan for 2006-20 I 0 - Approved g. Resolution: Endorsement of King County's 10-year Plan to End Homelessness - Approved h. Council Retreat Follow-up: Updated Vision, Mission and Goals Statements - Approved 1. Lakota and Sacajawea Parks Master Plan - Approved J. Interlocal Agreement City of Tukwila for the Organizational Capacity Building Pilot Program - Approved k. Proposed Changes to Council Rules of Procedure - Approved 1. Declaring property surplus and setting a Public Hearing for March 21, 2006 - Approved MOTION: Councilmember Dovey moved approval of the Consent Agenda as presented. Deputy Mayor Ferrell second. The motion carried 7-0. . PRELIMINARY 6. INTRODUCTION ORDINANCES . a. COl.mcil Bill #399 - Modifying the Citizen Advisory Committee Requirements in Ordinance No. 95-240 An Ordinance of the City Council of the City of Federal Way, Washington, amending Section 1 of Ordinance No. 95-240 regarding the Citizen Oversight Committee and expenditure of excess bond funds. City Clerk Hathaway read the ordinance title into the record. MOTION: Councilmember Dovey moved to forward Council Bill #399 to a second reading on the March 21, 2006 COlmcil Agenda for enactment. Deputy Mayor Ferrell second. The motion carried 7-0. b. Council BilI #400 - Corncast Cable Franchise Agreement Extension An Ordinance of the City Council of the City of Federal Way, Washington, amending Ordinance Nos.95-238, 96-264 and 05-497 to extend the tem1 of the Franchises granting COl11cast of Puget Sound, Inc. and Comcast of Washington IV, Inc. (formerly TCI of Aubum, Inc. and Tele- Vue Systems Inc. d/b/a Viacom Cable, Ine.) nonexclusive cable comrl;lUnieations franchises within and through the City of Federal Way (amending . Ordinance Nos. 95-238, 95-264, 05-497). City Clerk Hathaway read the ordinance title into the record. MOTION: Councilmember Koclunar moved to forward Council Bill #400 to a second reading on the March 21, 2006 Council Agenda for enactment. Coul1cilmember Dovey second. The motion carried 7-0. c. Council Bill #401 - Carry-forward Budget Adjustment Ordinanee An Ordinance ofthe City Council of the City of Federal Way, Washington, relating to budgets and finance, revising the 2005-2006 Biennial Budget (Amends Ordinances 04- 469,05-482 and 05-510). City Clerk Hathaway read the ordinance title into the record. Management Services Director Wang gave a brief overview via a PowerPoint presentation describing where the adjustments were being made. She stated the adjustments total $44 million dollars and outlined the various adjustments that are needed; she also reviewed the financial outlook for 2007-2008. MOTION: Councilmember Kochmar moved to forward Council Bill #401 to a second . reading on the March 21, 2006 Council Agenda for enactment. Councilmember Burbidge second. The motion carried 7-0. - - PRELIMINARY 7. CITY COUNCIL REPORTS Councilmember Kochmar reported on her Ride-Along with the Police Department; She . and Mayor Park will be attending the National League of Cities Conference the week of March 13,2006. Councilmember Burbidge reported the next Parks Recreation Public Safety Meeting is scheduled for 3/13/06 and on the agenda is the dangerous dogs discussion. She also attended the domestic violence presentation in the Council Chambers on March 6th and stated the Multi-Serviee Center has free tax preparation programs for those who need assistance. COlUlcilmember Dovey stated that the Land Use Transportation Committee met on March 6th and discussed zoning amendments and issues. He will be attending a "garbage" committee meeting on March 10, 2006. Couneilmember Faison stated the Economic Development Committee will host a workshop in the Council Chambers on March 8th. The Leland Group and a representative from a Colorado city will be in attendance. Councilmember McColgan updated the City Manager Seareh process. They hope to have the new City Manager hired by Jlme. The process includes two public interview panels; a staff interview panel and full Council interview panel. . Deputy Mayor Ferrell addressed the Domestie Violence meeting that took place on March 6th, especially the eonsequences on children; there will be a Open House on March 81h at 4:30 in the COlll1cil Chambers for the Parks, Recreation and Open Space Plan. Deputy Mayor Ferrell also encouraged people concerned about the library issue to email or write the City Council and attend the next Council Meeting. Mayor Park thanked Boy Scout Troop 300 for leading the Pledge of Allegiance, stated he, along with Interim City Manager Matheson, attended a literacy breakfast on Mareh 3rd and reported that the next Lodging Tax Advisory Committee meeting is scheduled for March. 10, 2006. 8. CITY MANAGER REPORT Interim City Manager Derek Matheson read a thank you letter to stafffrol11 the Opus Northwest Company and stated the Executive Session scheduled this evening is expected to last approximately 40 minutes with no action. . PRELIMINARY 9. EXECUTIVE SESSION . Council adjourned to Executive Session at 8:49 PM to discuss the following items: a. Collective Bargaining pursuant to RCW 42.30.140(4)(a) b. Acquisition of Real Property pursuant to RCW 42.30.110(1 )(b) At 9:34 PM Interim City Manager Matheson stated the Council would extend the Executive Session for an additional 10 minutes. 9. ADJOURNMENT Mayor Park adjourned the regular meeting ofthe Federal Way City Council at 9:43 PM. ATTEST: Laura Hathaway, City Clerk Approved by Council on: . . MEETING DATE: March 21 st 2006 ITEM# Sb _.__._--~-",...............~~~---..,~ _~y.,,_".._~~~I-.....---._.__~~__~~~__"~_~M'~._.__'_~~' ~~.~~~~---- . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: A ward of Mobile Data Computer purchaselRFQ _.~,...~--" .___....._n. --- CATEGORY: BUDGET IMPACT: ~ CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ -~.- ___._.n_'...,._'__....-------...._~..., ...._u. - ATTACHMENTS: Finance, Human Services and Regional Mfairs Committee packet . .n.~_.....~,'.~,'...~~__~~~.~~__ ~ ..~~-_.~_.__....~~~~~ SUMMARYIBACKGROUND: City is replacing six older (6) Mobile Data Comouters (MDCs) for Public Safety use. These equipment are budgeted and approved through replacement reserves fund, staff has received quotes from at least three vendors and requesting to award the purchase to CDW for the amount of $24,799.87 based on the lowest quote price. ~~-~._y.. _~,~._._'_..r_~..............._~___~..... .TY COUNCIL COMMITTEE RECOMMENDATION: FOIWard with recommendation to the full Council. .- --- M _~._....,,~.__._........~~ PROPOSED MOTION: "I move to award the purchase of six (6) mobile data computers to CDW corporation for the ~:::~:::~~VAL: d~ _~_____~~~_....~u (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACfION: 0 APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05110/2001 . CITY OF FEDERAL WAY MEMORANDUM . Date: February 23, 2006 To: Finance, Human Services and Regional Affairs Committee From: Mehdi Sadri, Infonnation Systems Ma~~ Via: Derek Matheson, Interim City.Manage Subject: Award of Quote For the purchase of replacement PS Mobile Computers POUCy: . City council reviews and awards bids/quotes for City purchases over $20,000. BACKGROUND: City of Federal Way Public Safety department utilizes Mobile Data Computers in each police vehicle for report writing, communication with computer aided dispatch systems, E-mail and access to city maps and other applications to maximize the time spent patrolling yet providing the office environment for other officer duties. This year, City is replacing/upgrading six (6) mobile data computers that were purchased in 2000. These computers are rugged to handle the wear and tear of the mobile use, they are also enhanced with higher intensity display for better readability in outdoor environment, touch screen, backlit keyboards for night time use, and wireless capability for remote access to City network. Staff evaluated two of the most popular rugged laptops for public safety application and selected Itronix Go . Book III. We then requested and received Quotes from three (3) major vendors. COW has Quoted the lowest price of $3,799 per unit. Staff has purchased from CDW in the past and approves their responsiveness to City needs in terms of cost, delivery, and efficiency. ATTACHMENTS: . Detail information about the equipment, quote results, and the quote comparison sheet. STAFF RECOMMENDATION: Award the purchase of PS mobile data computers for the amount of .$24,799.87 including tax, shipping and handling to COW based on lowest price. FHSRAC COMMITTEE ACTION: Forward with recommendation to the full City Council for placement on the March 21, 2006 City Council Consent Agenda. ''Y\.. ~ {fJM!N..J/}}; of- fli,IA I --,q "'- . 'b'" . ApPROVAL OF COMMIlTEE AcnON: .... u--cL-- Absent - Excused Committee Chair Committee Member . C,-I . ~ rom ~wmm~w~~ ~ O:T -. III < =' N Ol ()) tt ~C qnO:T_~~~ 0 ... .... =' 0 ^ Ol :;7 ~ UJ ...... - ~~ w~O='~~WI _ ~ ~w ~~~~~~~~_ ~ m =' :Ecr)>OX~3~~ ~ x n 5gzwG)_o~o 0 In... -0)> 0''"1 C ::J. ..... o 0.. )> - '< 3 -. ...., III <: _.OlS=:'- x ::l <: "''<co.f:>..:;7_ n w ()~ooo~X -. X Ill--:T G)""ON ~ ""0 CLNCIl!!!ro""cn '='O:T 00 ""0 ronroCD:Tg+ a OlCCD3QlCllG'> ro n(J)::lconClltD w '<OJ --nQ= CIl r.... -. )> <' --I _ g Z(J)e;~ Q!.. G) ~w ~ ~ a NNWN w c m~m~ m u oWo~ --I ~ . O>Ul. 0> (XI =:.. ~~g(XI 0 g wo 0 0 = 00 a co lO/tW fFJ fFJ NN N W ANwN ~ 0 ~~o~ ID 0 ~IDom m:E '!>!"O!'- 0 0)0 0 0 ......0 0 f-- - - ~ ww w ~ I NN~N ~ 0 ~~w~ ~ <: Ul_Ul(XI -..J <: (XI 00 Ow w... :-,"~fD?J I <:> I ~ Ulm-o 0 CD W -->. a I ~ . I C-2- '[il~'6FI~~?~Q~~.~~~~qQ:@Ip.~r . ~'.,:..~"~~":.:~:.-:~.':~~'=""~~~_=-~~~==:':'.'~~~~:~:.'~.=~,~r....::.~:~=-:-~."~_" :.~==:~=:"-, .:'-i~~ Page 1 . f(!!!!!j). The/6gbtT_. SALES QUOTATION Right Away. .. www.COWG.com . . . . . I' 800-808-4239 BFC0583 5961853 2/09/2006 MIKE FRANKLAND CITY OP PEDERAL WAY 33325 8TH AVE S 33325 8TH AVE S L CIn OF PIIDEAAL WAY P JUKB FRANKLAND FEDEAAL WAY. WA 98003-6]25 FEDEAAL WAY. WA 98003-6325 Contact. MIKE FRANKLAND 253-835-2554 25]8352554 GO BOOK III NO SPRINT 6 NEW- rT NEW ITEMS DO NOT PICK THIS LINE 3799.00 22794.00 Mfg#. CDW-NEW-ITEM FOR REGULAR NEW ITEMS. ENTER Itronix U:260+GBIII-106 Itronix enhanced display vi 2nd usb --GOBOOK KIJ:I 1.8GHz P M, 512MB. .40GB, BACKL'! . ;., J:T, WINXP, EVDO READY Manufacturer phone number FOR REGULAR m:w J:TEMS. ENTER Distributor part # . OR Manufacturer part . Manufacturer name Product Description Manufacturer phone number 6. 402802 I:TRONIX GO BOOK CD-ROM 24X 110.00 660.00 Mfg.: ITO-51-0254-004 SUBTOTAL 23454.00 FREJ:GHT .00 SALES TAX 2063.96 . uS Currency 25,517.96 CDK Government. Inc. Please n:mlt payment to: 230 North Milvauk<!le Ave. COW Government. /rIc. Vernon Hills. IL 60061 75 Remittance Driv'e Phone. 847-371-5000 Pax. 847-419-6200 S.-re 1515 Chicago, 1l60675-15f5 . C/3 Page 1 of 1 ~~'!J RHO .WlreI_ ~~~W.~};,~~;~fdf(i\ll ,- ,~,;~~- , .;.:<. r. . j:: ...~. -r~~'t~i~.'., :~~~~8:~:rfk:~~~J~. "' :t$ ~ Rom~ Wireless LAN Shopping Cart Pen Computing Items for checkout Product 10 Product Name Part Quantity Price Amount Remove Dragon Speech Number Each Recognition SW 74.6 Go Book III 1.8 GHz Penium M IX260+- '6 . $3,899.00 $23,394.00 ~ Processor, Enhanced XGA Tr.lOsmisslve 01A2A3A .~-----~ ~ontact Us Display, 512 MB OOR RAM, 40 GB Hard Drive, Nitevlew US Keyboard, Windows XP Professional ~ Sub Total: $23,394.00 Shipping and Handling: $350.91 Tax at 8.25% if delivery $1,958.96 within the State of Texas: Total Due at Check Out: $25,703.87 .- ~Il-In o Continue _ $ Update Your Shopping Cart _ $ final Cher:k Out Your . . Shopping II Account ... Your . 0 Cart ~tP.?? /'}. tf'J? #P' lJ/1-?ffe- // kg j J z?r_c;X.:> #/4?M& #,t7?/' y: &, C?' /7r...r- -r~Y _..J--" ,...----..- >3 ;jZr; ;;-f5( . 0-4- ,://www.rhowireless.comlShoppingCart.asox 2/16/2006 .. ~~-- ~ITIQ!][f""~E~~ ~ ~~ ~.._._~_._.__._..- C~~~,.==~ ~==-..':.=.~~--:-. __N'~='~"~~' . "=-=~-"'=E~~_ni] t~~f.f.~I).~12l}~_~g!E..f2f._~.i,~~~F.!~~!~~:Qp_~ciJ5.!~~Y?,:!!2E__w._. ___.___...,__...,,_< ... ..".~~..."..,_,..,,_._...__...~__.:...__._.__'''_'''. .fa e _~ . .. . ~--~_.'..'-----~ <J Group mDbile" QUOTE . Quotation Number: 55896Rev2 Quotation Date: 02/14/06 Quotation For: Quotation From: Mike Frankland Richard Lawson City of Federal Way Group Mobile Inn LLC 6825 West Galveston, Suite 6 Chandler, AZ 85226 Phone: 480-705-6100 Fax: 480-247-2750 Special Comments or instructions: Product Quoted: GoBook III Fully-Rugged Laptop Computer Qty Item Description Retail Unit Your Unit Extended Price Price Price 6 1.8GHz Mobile Intel Pentium M Processor, $4,655 $3,733 $22,398 512MB SDRAM, 40GB Hard Disk Drive, 56K Modem, 10/100 Ethernet LAN, WWAN AirCard, Ready, 12.1" Outdoor-Enhanced Touch Screen XGA Display, NiteVue Keyboard, Microsoft Windows XP Professional . SUBTOTAL $4,655 $3,733 $22,398 SALES TAX 0 TOTAL $22,398 - Total Amount You Save by Buying from Group Mobile = $5,532 - Quote prices are effective for 30 days. Freight is not included in the quoted pricing. j}-#P 11" Lit;-..-p f}rn-/<-C /-r (, Iff //]..r~ /d'fr ~/"L- )//-7/ /~'? y& ~ :J1 7' p/ - c=- v-' 77f /72? ------ Group Mobile Inn 1 L61"~- 3c> (480) 705-6100 -5 .- ".... MEETING DATE: March 7, 2006 ITEM# Si-' . .. . .......,~~..___._......,.".,.,..._._.~~_...._ ..'......".~___~...,"'__~__~_~.,__~._.~_._~__._._~.~.,..___.__._............n'.........._._.__~.._......_.~...,~." .._....._.....__._~._..._...".........~M....W""~~_____~~...,...~___'"''''''~._______.~ _~~.~~......_~..~.~r.____...._____. . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: ORDINANCE TO MODIFY THE CITIZEN OVERSIGHT COMMITTEE REQIDREMENT OF ORDINANCE NO. 95-240 WHEN ALL IDENTIFIED PROJECTS HAVE BEEN COMPLETED _.,..~_..,.,"~.__....~".,~.~_~.._.,~_.____......."._,~~_u._----.--.-------~~~~~_..~_..".....'....'n."...~__~~~.._~~_~..~...M.n. -~.~........ ~._.~.n~ CATEGORY: BUDGET IMP ACT: ~ CONSENT lZJ ORDINANCE Amount Budgeted: $ -0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ "",.~..__~..._n....,.,.~..__~.,._..~~_.....""-~_~___~~~--"'''''_'_''_'~'_~..~'.,.'...n..'..'.~_".~~~''''_._''~'_~.""~,_.~-~~~._..........,._....----~_.....__..._.----------~~.........~~~~ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 21. 2006 and draft ordinance modifying the Citizen Oversight Committee requirement. .m__.__.....".....".,....___._.._....._..~~.~~..N''''.__.~_~..._~~~,~~..~__~......_.~~~~~.~_~~.___.~,~~y"............~".~--_.-..._..~._..__.__~~~..~"~........~_______~~~"___.~"..~.....___~r_.'........------..._..y,_.~__~~_,_----.--~~__..M.. SUMMARYIBACKGROUND: At its regular meeting on March 6, 2006, staff will ask the Land Use and Transportation Committee to forward the attached ordinance and thereby utilizing the $340,000 balance from the 1995 Bond proceeds to construct the signal project at South 333rd Street and First Way South. The SEPA mitigation for the Community Center .~~~~~~~~~~~:~~_~_~~~_~~_~~nS~~~~:d Pri~~.~.~_~~_:_~::~~~.'~~~:~~~i~~:___........._______.________.____________.....___._______......_.. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee will consider this ordinance at its regular meeting on March 6, 2006. Staff will present the Committee's recommendation to the full City Council on March 7, 2006. .. .,.__ ...__...._._...... ,.,.,..,.,,,.~,,.,,,......._.'_......a'~...~..,"'" ,...._._.._____._..".....,"""~..,_,___._.,_~~~.._.."..__.._._...._...___..... ..""""'...-......- -. .___._._.___....._~_~~'~~n'~....mw."_.___.._..._.__.._.__._._.~..~.....^.,",.,',..~...~n"~..."_~._,...__...~~.~~.~.._..._........,.....,~...-....._.._....-_...- PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on March 21, 2006." CITY~:~~~~~,fJFYLff:---- _...."."...,-,.__..__...._--_.....__.._-~.~".~.,..."......,......,."".~.......,~.. .......--...-- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COONCIL ACTION: 0 APPROVED COUNCIL BILL # 3qq 0 DENIED 1 ST reading ~LEDIDEFERRED/NO ACTION 0 Enactment reading MOVn) TO S..-:COND READING (ordinances onh'J :f. ';;'1 ORDINANCE # .VISED - 05/10/2001 .-.-.... RESOLUTION # --.~, CITY OF FEDERAL WAY MEMORANDUM Date: February 24, 2006 . To: Land Use and Transportation Co~ Via: Derek Matheson, City Manager From: Cary M. Roe, P.E., Public Works Director ~ Iwen Wang, Management Services Director :J:t-J Subject: Clarify Citizen Oversight Committee Provision contained in Ordinance 95-240 When All Identified Projects Have Been Completed POUCy QuESnON: Should the City Council modify the requirement contained in Ordinance 95-240 of using a Citizen Oversight Committee to allocate the remaining balance of $340,000 from 1995 Bond Proceeds when all the identified projects have been constructed? BACKGROUNO: On August 15, 1995, the Oty Council enacted Ordinance No. 95~240 authorizing a ballot proposition fOr the November 7, 1995 election regarding levying utility taxes for the purpose of funding $7.5 million in traffIC/street improvement projects and $7.5 million for the development of Celebration Park. The ordinance noted that State law did not require voter approval for the City to levy such utility tax. Section 3 of the Ordinance further specifi~ that: ", . . If all of the Improvements so described have~ been constructed or found to be impractical or not in the public interest, and proceeds from the bonds described In Section 3 remain available, the City Counol shall appoint a Citizen Oversight Committee. The Committee will make a recommendation to apply such bond proceeds for the construction or acquisition of other projects to the aty Council. The City Coundl may then either apply the bond proceeds to repay the bonds described in Section 3 or to pay for other . projects recommended by the Citizen Oversight Committee, as the City Coundl shall determine." Two ballot propositions were put forward, one for transportation projects and one for Celebration Park. With only conceptual development plans and rough cost estimates available, the City Coundl did not have the assurance that these projects could be built or at what costs, therefore, the provision was added In case a large balance from the proposed total of $15 million bonds remained unused. The actual result was that voters approved only the $7.5 million transportation package. All ten projects were sua::essfully designed and built by 2002 leaving a small balance ($340,000 or 4.5% of the $7.5 million proceeds) unspent. Current Droiect needs; The SEPA mitigation for the new Community Center, currently under construction, requires a traffic Signal at South 333rd Street and First Way South to be constructed prior to the Center's opening. The signal project is estimated to cost around $340,000 and is similar to the types of traffic projects identified In Ordinance No. 95-240. Therefore, as part of the mid-biennium budget adjustment presented to Council in November 2005, staff recommended using the 1995 bond balance to fund this required traffic signal project. However, it is unclear whether Ordinance No. 95-240 requires the Citizen Oversight <;:ommittee to expend these funds when all of the identified projects have been completed. The key issues are the timing of the signal project and whether or not the appointment of a Citizen Oversight Committee for the size of the balance and for a single priority project are the best use of their time and effort. The design for the 333m and First Way South signal has now been completed and is ready to bid. The bidding environment is typically more favorable earlier in the year; it is likely that a delay in bidding this project could have a negative impact on the project cost. Additionally, a delay in this . traffic signal project may adversely affect the opening of the Community Center. k:\finanee\pw\3.6-06 lute 95 bond$.doc OmONS: . 1. Modify the Citizen Oversight Committee requirement. Pros: · Ensure funding for the signal project. · Allow project be bid in a favorable time. · Ensure the required signal is in place prior to Community Center opening. Cons: · May be viewed as disregarding the City's prior commitment. 2. Call a Citizen Oversight Committee and recommend the Committee to allocate the funds to this important project. Pros: · Follow through with prior oty commitment. Cons: · Forming a dtizen advisory committee 'for a single, small project. · Potentially risk the funding of this reqUired project should the committee recommend other improvements. · Will delay bidding of project and may result in a higher cost. · Depending on the overall delay, could potentially Impact the Community Center's opening. ATTACHMENT: Draft ordinance modifying the Citizen Oversight Committee requirement. STAFF RECOMMENDATION: Staff recommends Option 1, amend Ordinance No. 95-240 to clarify the Otizen Oversight Committee is not necessary to expend these funds because: (1) all of the identified projects have been completed; (2) the project is an important safety improvement and is required under SEPA for the Community Center; (3) the project is consistent with those In the initial Bond package; (4) the amount of funding available is . suffldent for only one signal project. COMMmEE AcnON: Recommend Council approve Option 1 and forward the draft ordinance to the March 7, 2006 City Council Agenda for its first reading. AP~;~9V"L BY:COMro1UTEE: ,..,;.... .'-: '. - . ( .....:~~. i... . . . .' ;'.'~:n~~~'~;~r:~j:ijC.:F,~iW - ~<tI).M~Col an . k:\finanee\pw\3~6~06 lute 95 bond$.doc ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 1 OF ORDINANCE NO. 95-240 REGARDING THE CITIZEN OVERSIGHT COMMITTEE AND EXPENDITURE OF EXCESS BOND FUNDS. WHEREAS, the Federal Way City COlU1Cil enacted Ordinance No. 95-240 on August 24, 1995, authorizing an advisory ballot proposition in a special election to levy a utility tax for the purpose of providing funds for traffie, street and park improvements; and WHEREAS, the third paragraph of the recitals specifically stated that it was "not legally required, [but] the City Council desires to submit to the qualified electors the questions" regarding the levy; and WHEREAS, Section 1 of Ordinance No. 95-240, provides that the City Council . would appoint a Citizen Oversight Committee in the event that the ten identified projects could not be constructed and proceeds from the bond funds remained available for the purpose of recommending other projects; and WHEREAS, the ten identi fied projects were completed in 2002, with a remaining balance totals $340,000; and WHEREAS, City Council authorized the construction of the Community Center in 2004; and WHEREAS, the SEP A mitigation for the Community Center requires a traffic signal at S. 333rd S1. and 1st Way S., which is required before opening the Community Center; and . . WHEREAS, Staff recommended the use of the remaining 1995 bonds money to fund the SEP A mitigation traffic signal at the mid-bielmium budget adjustment presentation in November, 2005; and WHEREAS, the traffic signal at S. 333rd St. and 1st Way S. is similar to the type of 1995 identified projects; and WHEREAS, City Council allocated the remaining 1995 bond funds for the traffic signal at S. 333rd S1. and 1st WayS. on December 6, 2005, and has authorized bidding of the project; and WHEREAS, City Council has not appointed a Citizen Oversight Committee; and WHEREAS, the City Council finds it in the best interest of the citizens tornodify Section 1 of Ordinance No. 95-240 as a housekeeping matter to accurately reflect City Council's . actions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1 is amended as Follows: Section 1. Traffic, Street and Park Improvements. The City Council hereby finds that it is in the best interests of the residents of the City to construct the traffic and street improvements listed on Exhibit A to this ordinance and develop Celebration Park as illustrated on Exhibit B to this ordinance. The estimated cost of the traffic and street improvements is $7,500,000 and the park improvements are $7,500,000. The City Council shall detemline the exact specifications for such improvements. Ifthe City Council determines that it is impractical or not in the public interest or that sufficient funds are not available to construct any portion of the . improvements, the City shall not be required to construct such p0l1ions. If all o[the improvements so described have been constructed or found to be impractical or not in the public interest, and . proceeds from the bonds described in Section 3 remain available, the City COllneil shall appoint a Citizen Oversight Committee. The Committee will make a recommendation to apply such bond proceeds for the construction or acquisition of other projects to the City Council. The City Council may then either apply the bond proeeeds to repay the bonds described in Section 3 or to pay for other projects recommended by the Citizen Oversight Committee, as the City Council shall determine. Since all of the identified improvements have been construeted and $340.000 of the. bond proceeds remains available. the City Council has determined to not form a Citizen Oversight Committee. and allocate the $340.000 bond proceeds to the traffic signal at S. 333rd S1. and 1 st Way S.. to satisfy mitigation for the Community Center. the City Council authorizes $340.000 for the traffic signal at S. 333rd S1. and 1 st Way S. without the recommendation of the Citizen Oversight Committee. . Section 2. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion o'fthis ordinance or the invalidity ofthe application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. . PASSED by the City Council of the City of Federal Way this day of . ' 2006. CITY OF FEDERAL WAY MA YOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: . PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDlN\Citizen Oversight Comm Revision3 . MEETING DATE: March 7, 2006 ITEM# 5~~ - ._..-------.-'~~~_....__...M"'........,.."'__...____.__._._.____~,.."",._~._~,~_..____________~_~_~~M__.~M~.~....~..~"". ..._..._._..,..._.._~_.''''''W'''"''""'''~,"'~''M...~~~_.~.n.........~,_,.,.~,""'~,'''~__'~___'.~~_M'__~'''~'' . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: ORDINANCE TO EXTEND THE TERM OF THE FRANCHISES GRANTING COMCAST OF W ASlUNGTON NON-EXCLUSIVE CABLE COMMUNICATIONS FRANCmSES WITIDN AND TlffiOUGH THE CITY OF FEDERAL WAY ~'__'''M_'.ON._..._~.........---__~~_~'~~.~._'.~'~'~M._~.._'..'._,._..~~~___ ,..y~~___~.._~._~~.._...._'._..__~_. __._,..,.."...~,~.U.'U.M~.~~~..~_~~~.~___~..y_._.a~M......~_~~..~~___~~___ CATEGORY: BUDGET IMPACT: 0 CONSENT [8'J ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ~_~_.~..._~_...m.'........."._.~__~__."__.__________~..~~_~.~........~_.n....._~'~~"_'"~~.".^....w...~______..._______~___,_..__..~__.._......__..._____~._._~.~__._'''_n~__.____~~_.~r.~~ ATTACHMENTS: Memorandum to the Finance, Human Services and Regional Affairs Committee dated February '2.3, 2006 and draft ordinance. 'SirMMARyJBACKGR6ijND~" 'The"CitY-has-bee~'"'e~'g~-g~~f"in fra~chise negotiatio~'s" -;Tth'Comc-;;slsi-nce--lVfarch'"20'OS':' While we are very close to the conclusion, there are a number of important issues to be resolved. The current franchise with Comcast Cable ends March 20, 2006. We believe the proposed extension will provide the necessary time to .mplete the negotiations and to allow the new franchise to go through the public process. Key Negotiation Topics and Remaining Issues: 1. Terms of the franchise 2. Senior discounts 3. Construction and right-of-way management 4. Capital contribution for construction of additional or new I-net sites and government broadcasting facility and equipment 5. Broadcasting the City program in the P AA: Staff anticipates the conclusion of negotiations by late March or early April. Should an acceptable agreement be reached staff will present the new franchise agreement to FHSRAC in April and the full Council in May. The extensiOn of the current franchise agreement will allow the City to enforce the current terms and conditions until they are modified by a new franchise agreement. Alternatively, the City may allow the current franchises to lapse, which may create ambiguity, should any enforcement issues arise. ~______.____..._.,...",,,...,,,,..,....,,......~.....,..,...,..~........_...,..,_,___,_._._..__.___._.___.___..___._._..__..,_.....___._.__~~_~.~,,~._.___..._...__.~.._~,.~.,.."._.m..._.._._m..._"',...._.,.."..."..,.~.'."'"n..".'~._.....,_._.,..,",....._.,',..".y....""...,"..''''..r"......~,~,."._.... CITY COUNCIL COMMITTEE RECOMMENDATION: At its regular meeting on February 28,2006 the Finance, Human Services and Regional Affairs Committee forwarded the staff recommendation for approval of the Franchise Extension Ordinance and forwarding the Ordinance to the full Council for its first reading at the March 7, 2006 meeting with a second reading and adoption on March 21, 2006. u............"'.......''''..,.._.,_...''...'''.'''.'''.''., ....,.....,.....'_,....,. . ........ .. ........ ........ ......-...........-----.-..-.-.----..---.- ............-..........-............".....'". ....." ...,...".......~ ,.,.. ..... .._.._,---,...-.."..'"...........,~ ..."................,....- ............. "..- ..........- -- .................... -....-.-..-......- ................--.........-.-.....--....--.-..-..-.----........--. .OPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on rch 21, 2006." .___._._.__.......__...._._........_._._.._..mm._..... ._,..' ..., .. ... . ..,.... "."'.....~..'..._.._.._.....__....m.m ___..._......_ ..'.',.'.... '... ..._...~._...._._ ......._._.._.___._.. .. ..... .._.,...._......._m..__._._.._.._. .. m.. .. m .._.. .. m... ..._. .............. ,_."".. .. .......__........_.......__......_.__.._.___..._......_.....m...._... CITY MANAGER APPROVAL: {)1~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) . COUNCIL ACTION: 0 APPROVED COUNCIL BILL # Ljoo 0 DENIED 1 ST reading if TABLEDIDEFERRED/NO ACTION 3/{}{ I Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED ~ 05/10/200 I . . CITY OF FEDERAL WAY . MEMORANDUM Date: February 23,2006 To: Finance, Human Services and Regional Affairs Committee From: lwen Wang, Management Services ~ Via: Derek Matheson, Interim City Mana Subject: Comcast Cable Franchise Extension POLICY QUESTION: Should the City extend the current franchise agreement with Comcast to May 31, 2006 in order to allow time to complete negotiation of a new franchise? BACKGROUND: The City has been engaged in franchise negotiations with Com cast since March 2005. While we are very close to the conclusion, there are a number of important issues to be resolved. The current franchise with Comcast Cable ends March 20, 2006. We believe the proposed extension will provide the necessary time to complete the negotiations and to allow the new franchise to go through the public process. Progress has been slow partly due to scheduling conflicts; Com cast's effort in redudng franchise obligations with all renewals; and the development of federal legislation in recent years that has not helped local franchise authorities. However, we are working through our differences and have reached a tentative agreement on the majority of the . provisions. Below are some substantive issues that have not been finalized. KEY NEGOTIATION TOPICS AND REMAINING ISSUES: 1. Terms of the Franchise: The City proposed five years, Comcast proposed ten. Neither side has changed their position. 2. Senior Discounts: Currently the City has two different low-income senior/disabled discount structures due to the fact there were initially two different franchisees. The northern part of the City is currently on a 300/0 discount on basic service and installation while the southern part of the City has a 20% discount on basic and expanded basic service (or limited and basic service on the Comcast published rate sheet). For newer franchises, Comcast is providing a 30% discount on the limited basic service only. 3. Construction and Right-of-Way Management: Comcast wants a simpler permit process for routine maintenance and repairs; the City is agreeable to this request. However the City and Comcast still have differences in the definition of routine maintenance and repairs and have not discussed how to address the financial impact from blanket ROW Permits versus individual permits. 4. Capital contribution for construction of additional or new I-net sites and government broadcasting facility and equipment: This used to be standard practice in all franchise agreements, which has become increasingly limited in scope and amounts. Whatever the final amount Comcast may contribute, they are allowed to recover the same through a "PEG" fee on subscriber invoices. . 5. Broadcasting the City Program in the PAA: To do this it is very likely Comcast wm need to make technical and system modifications which could be costly. Staff has requested that Com cast provide the technical and cost information, but has not received it at this time. Comcast states that they are still looking into our request and told us the information will be available in early March. In addition to technical issues, we will also need intergovernmental cooperation to do. this. Currently King . County allows the City of Seattle to broadcast its government programs on Channel 21 throughout unincorporated King County (KC programs are .on Channel 20 throughout incorporated and unincorporated areas.) We will need permission, likely in the form of an interlocal agreement with King County, in order to broadcast our programs on Channel 21 in the PM area. The discussion is currently kept at staff level and we may need to take it more directly to the policy level at some point. SCHEDULE AND NEXT STEPS: Staff antidpates the conclusion of negotiations by late March or early April.. Should an acceptable agreement be reamed staff will present the new franchise agreement to FHSRAC in April and the full Coun<;i1 in May. The extension of the current franchise agreement will allow the City to enforce the current terms and conditions until they are modified by a new franchise agreement. Alternatively, the City may allow the current franchises to lapse, which may create ambiguity, should any enforcement issues arise. OPTIONS: 1. Approve the Franchise Extension Ordinance and forward the Ordinance to the full Council for its first reading at the March 7 meeting with a second reading and adoption on March 21. Pros: Allow current terms and conditions to continue until a new franchise agreement is in place. Cons: Requires the Council ordinance process. 2. Allow the current Franchise Agreement to lapse. . Pros: Staff would not need to utilize the Ordinance process. Cons: May create ambiguity should issues arise before a new agreement is reached. ATTACHMENTS: . The draft Ordinance authorizing extension of the current franchise through May 31, 2006. STAFF RECOMMENDATION: Staff recommends approving Option L FHSRAC COMMITTEE ACTION: Forward Option 1 and the draft ordinance to the March 7, 2006 City Council Agenda for the first reading with a \\00 Pass" recommendation. APPROVAL OF COMMITTEE ACTION: Absent - Excused Jack Dove . . ORDINANCE NO. 06- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ;FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NOs. 96-264, 95-238 and 05-497 TO EXTEND THE TERM OF THE FRANCHISES GRANTING COMCAST OF PUGET SOUND, INC. AND COM CAST OF WASHINGTON IV, INC., (FORMERLY TCI OF AUBURN, INC., AND TELE-VUE SYSTEMS, INC. D/B/A VIACOM CABLE, INC.) NONEXCLUSIVE CABLE COMMUNICATIONS FRANCHISES WITHIN AND THROUGH THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOs. 95-238, 96-264, 05- 497). . WHEREAS, on August 6, 1995, by Ordinance No. 95-238, the City of Federal Way (hereina.fter, "City") granted a non-exclusive cable franchise (hereinafter, "Viacom Franchise") to Tele- Vue Systems, Inc. DBA Viacom Cable and the Franchise was subsequently transferred to Comcast (hereinafter, "Grantee"); and WHEREAS, Section 4 of the Viacom Franchise provides for the Franchise to terminate at midnight, August 13,2005; and WHEREAS, on March 21, 1996, by Ordinance No. 96-264, the City granted a non- exclusive cable fi'anchise to TCI of Auburn, Inc. ("TCI Franchise") and said Franchise was subsequently transfelTed to Grantee; and WHEREAS, Section 4 of the TCI Franchise provides for the Franchise to terminate at midnight, March 20, 2006; and . Ordinance No. 06 - - Page 1 WHEREAS, Section 1 of Ordinance No. 05-497 amended the Viacom Franchise to extend the term of the Franchise to midnight on March 20, 2006 to coincide with the . termination ofthe TCI Franchise; and WHEREAS, the City and Grantee are continuing to negotiate the renewal of the Franchises and anticipate combining the franchises into one Comcast Franchise; and WHEREAS, negotiations are anticipated to extend beyond March 20, 2006; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Section 1 of Ordinance No. 05-497 and Section 4 of Ordinance No. 95-238 are hereby amended as follows: Leo2th of Franchise This Franchise shall terminate at midnight on March 20, 2006 May 31. 2006. Section 2. Amendment. Section 4 of Ordinance No. 96-264 is hereby . amended as follows: Len2:th of Franchise The length of this Franchise shall bo for a tenn of ten (10) yenrs commencing on March 21, 1996 and terminating This Franchise shall tenninate at midnight on Maroh 20, WAA May 31.2006. Section 3. Full Force and Effect. All other terms and conditions of the Franchise Agreements not modified by this Amendment shall remain in full force and effect. . Ordinance No. 06 - Page 2 Section 4. Severability . If any section, sentence, clause, or phrase of this Amendment should be held to be invalid or uneonstitutional by a court of eompetent jurisdiction, such invalidity or unconstitutionality shall not affeet the validity or constitutionality of any other seetion, sentence, clause or phrase of this Franchise. Section 5. Ratification Any act consistent with the authority and prior to the effective date of this Amendment is hereby ratified and affirmed. Section 6. Effective Date This ordinanee shall take effect and be in foree 5 days from the time of its final passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of . ,2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON . Ordinance No. 06 - - Page 3 FILED WITH THE CITY CLERK: . PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: ACCEPTANCE: K:\ Ordinance\2006\Comcast Extension . . Ordinance No. 06 - - Page 4 MEETING DATE: March 7, 2006 ITEM# se. ...~.~..-____~.~____~~~~.~~w~~~~~~~~_~~..~"U~..u.._" .___~~~~~~~~~__.~ ...w.~.~ .._w~. ....~~ r~~. n" ."~ ---- ....~~- . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2006 Carry-Forward Budget Adjustment -.. - . .~~~-~~~.-.., CATEGORY: BUDGET IMP ACT: '0(' CONSENT [8J ORDINANCE Amount Budgeted: $ o RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS D OTHER Contingency Req' d: $ --.__....^~~'^.~ ATTACHMENTS: Budget Adjustment Summary, Memo and Ordinance. ......--.. ..,.'.......,.,...~.~~r~~----.---.---.- SUMMARYIBACKGROUND: This is an ordinance to adjust the 2006 budget to: (1) reflect the actual ending fund balance at 12/31/05; (2) carry-forward grants, transfers, and other revenues which were awarded and budgeted but not received in 2005; and (3) carry-forward projects, services, and other expenditures that were approved or committed in 2005 but not yet completed or paid at the end of2005.Unless otherwise identified, these adjustments are housekeeping in nature. &Ty'COUNCIL CO~MITTEE RECOMMENDATION: Approve the 2006 -~~~-;::ard ;Udget ~-~ Adjustment. -~.__.__. --- -_..._--~..~..~- ~..m'~".,_ PROPOSED RECOMMENDATION: "I move the proposed 2006 Carry-Forward Budget Adjustment Ordinance to second reading and enactment and th ext regular council me ting on March 21,2006." ~.~_._~_--...._~~~n.r~,.,_._._.~.".,',._,., CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: Lf() / D APPROVED COUNCIL BILL # D DENIED 1 ST reading D TABLEDIDEFERRED/NO ACTION Enactment reading JM' MOVED TO SECOND READING (ordinances only) ORDINANCE # 51d! /u& RESOLUTION # REVISED - 05110/2001 . CITY OF FEDERAL WAY MEMORANDUM Date: February 21, 2006 . To: Finan"", Hnman S"",i"", & Reg",nal~tt"" Via: Derek Matheson, Interim City Manag From: Iwen Wang, Management Services Director :t:UJ Subject: Carry Forward Budget Adjustment Ordinance Backl!round The cany forward budget adjustment makes three types of modifications to current year's budget: 1. Adjust the beginning fund balance available based on the actual year-end balance of the previous year; 2. Appropriate projects that were budgeted. in the prior year, but not completed and will continue during the current year; and 3. Make other changes or correction as needed. General and Street Fund Ooerations: The preliminary $2.83 million General and Street fund balance is over and above the amount projected for 200S year-end. However, of this amount, $1.14 million will be needed to continue existing projects not yet completed and/or previously approved by C01UlCil and $148 thousand in recommended new items listed below. The $2.83 million is made up of $1.04 million in higher revenues than budgeted and $1.67 million in unspent expenditures. The primary source of increase in revenues is sales tax ($S13K), permit fees ($ 180K), public safety revenue ($169K), grants/other ($IS9K), interest earnings ($ 106K) , gambling taxes ($71K) franchise fees ($6SK), criminal justice sales tax ($37K), and licenses ($2SK), offset by property tax. ($ 142K), court revenue ($73K), recreation fees ($47K), and passport fees ($22K) that did not meet budget projections. On the $1.67 million unspent expenditures, $1.14 million will be needed in 2006 for projects in progress and $148 thousand in < one~time items as listed below for Council funding consideration. . . Provide $8K for Municipal Court Pro Tem Judge due to Conversion of Judge from Appointed to Elected; . Provide $1 OK for Finance Temporary Help to Backfill FMLA Leave; . Provide $10K for Human Resources for Supervisors Training; . Provide$20K for Management Services Cable Franchise Negotiations; . Provide $SOK for Steel Lake Annex Sewer Lift Station (source is CM Contingency); . Provide $7.5K for Public Safety 2006 Bulletproof Vest Grant Match; and . Provide $42K for Public Safety Vehicle Replacement. Desillnated or Project Specific Funds: The balance of the adjustments are for continuation of designated programs or capital project funds and includes: $41.7SM in CIP funds; $97K for arterial streets overlay; $141K in 2% for the arts for community center project; $132K in lodging tax funds; $4K for GAC capital; a reduction of$163K for SWR & CDBG grants; $723K in internal service funds for projects; and $ASSK in enterprise funds for continuation of projects. Overall this is a combined total adjustment of$44 ,291,571. Action Requested . fWlY'c(A..., 1 tlJOtI. Move the carry forward budget adjustment in the amount of$44,291,471 to the full Council for approval.o-vt- 'I APPROVAL BY COMMITTEE: Absent - Excused Committee Memb~r . k:\fin\biennial\ordinanc\2006 cfadj memo.doc ~..., 2005 Results of Operations General & Street Fund Only Variance GENERAL & STREET FUND Year 2005 Favorable (UnfaVOl'ilble) . Summary of Sourc.es & Uses B"dgl;l Actual $ % Carryforward Request Beginning Fund Ba lance $ 2,945,041 $ 2.945.041 $ (0) 0.0% $ 2,779.383 OPERATING REVENUES Pn;~erty Taxes 8.584.024 8,442.168 (141.856 -1.7% - Sales Tax 10,793,000 11.305,537 512537 4.7% - rimina' Justice Sales Tax 1.781,000 1.817981 36.981 2.1% - Intergovernmental 2,210,000 2.248,446 38,446 1.7% - Leasehold Tax 2,500 2,026 (474\ -19.0% - Gambling Taxes 1.430.000 1,501,064 71.064 5.0% - our! 'Revenue /1\ 949,000 875 986 (73.014 -7.7% 13;12.0001 Probation Services - ACCOUnting Change Buildina PermitslFees-CO 2.942,400 3.141,368 198,968 8.8% - ----'-'''' 346,605 (18,395 -5.0% ROW PermitslFees-PW 365,000 - LIcenses 208,517 233.304 24,787 11.9% - FranchIse Fees n3.000 787 639 64.639 8.9% - Passoort Aoencv.Fl!lIs 85.086 63,418 (21,669 -25.5% - Recreation Fees 872 335 825,052 (47,283 -5.4% - Public Safety 931 090 1.100;604 169.514 18.2% - Il.dm'nlGash Manallement Fees 552,000 552 000 (0 0.0% - Interest EamlnQs 172 000 277 ,945 105,945 61.6% - MisclOther 184,700 305.019 120,319 65.1% - rrransfer In utUi v Tax.celebration Pari< 238,798 238.798 - 0.0% - rrransfer In Uti!" v Tax-Kennelh Jones Pool 314.000 314,000 - 0.0% - rrransfer In Utili Tax-Arts CommIRW&B 93,750 93,750 - 0.0% - ~ransfer In Utili v Tax-Police Positions 625,000 625 000 - 0.0% - Transfer In Utllitv Tax.Street Bond Proiects 192.000 192.000 - 0.0% - Transfer In Utililv Tax-New Street L1chts 93.900 93.900 - 0_0% - Tot:ll'Obioratln<l.Reveriu.es 34,~;100 . "3$,\183;608- ..' 1,O4ll;508 3;0% - (332iOOO\ .',. OPERATING EXPENDITURES ~lty Council 388,802 344 136 44 665 11.5% 40.000 CM RecnJilment Fed"",' LObbyist $11<; RaWce CM Contingency lor Sewer Lift ~ity Manacer 871,491 853,100 18,391 2.1% 142,550l Station $5OK Municloal Couft..Qperations 111 Reduce Probation Svts dJe to Accfg Olange $3321<; Temp Help 1.069,822 983097 86.725 8.1% (311.358l $6K. Pro Tem Judge $81< . SEPA S32K: EOC Prnjecl $251<; Temp Help $ISK; EDC Study EconomIc Development 302,115 228,584 73.531 24.3% 90 250 $131<; Dues $5K Supervisor T",;ning $101<; Job Announcem",,1s $1 K; WeIlness f'fog $12K; Labor Negotiations $141<; Temp Help $10K: Cable Francnise Negotiations $201<; Doc 'maging/Records Managemenl Management Services 1,883.518 1,862,587 20,931 1.1% 94.649 System $281< Civil/Criminal Leoal Services 1 145.500 1,005,323 140,177 12.2% 77 ,040 OUtside Legal CounsellEm~ent Practice HS Contract $32K: Org Capacity Pilot P'og & Homeless Count $26K; HS Camp Plan $Sf<; Abatement $2K; Volunteer Dinn... $3K; Malching fundS $3K; Cart Prog $1K; Shoreline lnvent<xy $351<; PAA $61<: Code Amend $1091(; Consultant $341<; Permit Comm. Development Svcs 3,494.215 3 123.953 370.263 10.6% 364,709 System $108K i<<.il Services 1,442,060 1,400,637 41,423 2.9% - - Replace Vehicles $421<; El<pI""" Prng $5K; Memorabilia $IK; Selzures/PrOperty Bureau Funds $32111<; Grants $1221<; Flee! In"",ce $391<; Vehicle Equip $161<; Spillman &ptem $4K; On. Police SefVlces 16,397.701 15,843.471 554.230 3.4% 564.469 Line Incident Reponing $5K 91<; Reaealll)/\ SySlem ~; RepaIrs & Mainl Pa!ks and Recreatioo 3.945,274 3,941,474 3,800 0.1% 65.651 $13K Public Worils 3.910.022 3.644.449 dm 265,573 6.8% 129,476 CTR $111<; EOC $911<; Traffic Concurr $8K; Tmflic cOunt $8K City-Wide Inl6mal Svc Cho to be Allocated - - - nia 75.200 SafelY EQUip $51<; Temo HalO $20K; S8Wef Lift Station $5OK obll.'O!iemtiIiCl"ExCJellditilres :34,1150'521: 3U3~..8'1.1. 1,6111,<7Q9 4;6% 1,14:7.536 Operating Revenues over/(under) /507 421 \ Operatina Expenditures 2152,196 2,660,217 00524.3% 11.479536\ OTHER FINANCING SOURCES One-Time Transfers In 81.000 73.551 (7.449 -9.2% 7,450 Fede<al Lobbyisl 17_4% Police Grants $1141<; Comm Dav Grant $351<; CTR Grant $l1K: Grants & Olher 498,256 584 873 . 86.617 187 772 E;OC Conlributions $21K Total.Qlher FInancing .Sources 579;256 658,423 79.167 13.7% 195,222 ~THER FINANCING USES One-TIme Transfers to CIP 1.028 030 1028.030 - 0.0% - Other '40,000 - 40,000 100.0% - Total. O.thet Fi.nM.cinaUses l' Q6$Il30 1 028;030: 40,000 3.7% - E;"'PI_N~<flVNOaALANCE S 1 ;9,48,84$. $ 4.n8;2~0 S 27793$4 $ '1. $1 ;495;069 Chang", m Fl!nd Balarice . Ending Fund Balance Delail: lntertund Loans 10,000 36.000 26,000 nla 26.000 Increase in Fund aalance De.ignalion Snow & lee Removal 100.000 100,000 - nla Unreserved $ 1.838 846 $ 4.592.230 $ 2 753 384 nla $ 1,469.069 Available Fund Balal1ce (1) Court revenue and expendllu'e Budgst reduced in 2005 by $332K for change in accounting of probation services. k:\fin\biennial\ordinanc\2006 cfadj memo. doc '11. \: _'l... CITY OF FEDERAL WAY 2006 CARRYFORWARD ADJUSTMENT General Fund: 2006 ptv-Wide / Non-Departmental Vehicle Safety Equipment (5K).Temporary Support of MIS Projects ($20K) & Sewer Lift Station ($5OK}-I/S Charge....................... 75,200 Citv Council .. City Manager Recruitment................................ ............ .............. .............................................. ..m........... ..... m.. m..... 40.000 City ManafJer Federal Lobbyist-Contract Balance-. m.......... ..................................................... m.................... .................................... 7,450 Use of CM Contingency-Steel Lake Annex.Sewer Lift Station................. ... .......................... .........m................................... (50,000) Municipal COUlt Accounting Change-Probations Services-Eliminate Recording Rev & Exp, receipt in as Net Revenue.............._.................... (332,000) Minor Telecom Equipment-liS Charge ($5K), Temporary Help Balance ($8K), Pro Temp Judge ($SK)........................................ 20,642 Economic Development EDC-Planned Action SEPA ($32K), EDC Project Allocated 2005106 Adopted Budget ($25K), 1-Time Funded Position ($15K)......... 71,875 EDC-Economic Development Study/Leland Group ($13K), Enterprise Seattle Dues ($SK}--Balance............................................ 18,375 Manaaement Services HR-&lpervisors Training ($1 OK), Job Announcements ($1 K), Wellness Program ($12K), Labor Negotiations ($14K)..................... 36,449 DocumentlmaginglRecords Management System-Continue Project-liS Charge Systems........................................................ 28,200 AD-Cable Franchise Negotiation.......................................................... _................. ...................................................... 20,000 FI-Contracted Help to Backfill FMLA Leave. ......... ............. ................... ...................... ..................... ..... ......... ....... ......... 10,000 Law Outside Legal CounsetlEmployment Practice........ ...... ,...................... ,............................................................................ 77,040 Community Develooment HS-Human Services Contracts ($24K) & HS Contributions Received in 2005 ($SK)................................................................ 31,995 HS-Organizational Capacity Bldg Pilot Prog & Homeless Count ($26K) & HS Comp Plan ($5K)..................................._.._.......... 31,056 BL -Abatement Funds-Balance................................................. ...................... ........ ...................................................... 1,874 NDNo/unteer Dinner ($3K), Matching Funds ($2.5K), CERT Program ($1K)......................................................................... 7,155 PL-Shoreline Inventory ($35K), Potential Annexation ($6K), Code Amendments ($109K)-Balance............................................. 150,129 PL-Consultant Funded by 2003 GMA State Grant.... ........................................................................................................ 34,000 IS Charge-Amanda Permit System-Continue Project.............. .................................. .............. .......................... m.... ..... ..... 108,500 Parks & Recreation Arts Commission-Contract for Services Program.... ......... ... ............. ............ ..... ...... ....... ...... .... ............. .......... ................. 49,401 Recreation System Upgrade-Capital-IIS Charge-Information System.............. ..................................................................... 3,350 . Repairs & Maint1-Time Funds-Facilities Maintenance ($5K), Celebration Park ($3K) & Parks Upkeep ($SK) from Donation........... 12,900 Pubfic Safety Replace Vehicles 627, 515, 6042 & 660-IIS Charge-($42K) & Authorization to Retain (2) Secondary PIT Training Vehicles............. 42,241 Explorer Program ($5K), Memorabilia Account ($1K). Seizures & Property Bureau Proceeds ($329K}-Balance........h.....h.........:. 334,594 Grants-2006 BVP (pending)-Grant & Match ($15K) & 2004lLEBG ($8K). 2005 JAG ($51K) & BZPP ($49K)............................... 122.588 4th Quarter 2005 City of Kent Fleet Maintenance Invoice~IIS Charge-FleeL..........................................._.............................. 39,220 MDCNRM/Radlo Equipment-Capital ($16K) and Spillman Interface ($4K}--Balance........_..h................................................... 20,326 On-Line Incident Reporting-M&O ($3,000) & Replacement Reserves ($2,500).I/S Charge....................................................... 5,500 Street Fund: Commute Trip Reduction Grant ($17K), Joint Emergency Mgmt Funds ($97K), Traffic Concurrency ($SK)-Balance....................... 121,865 Traffic Counts-source is Signal Synchronization Grant from 2004........................................................................................ 7.611 Sub.t6tiil Q,r"'~ral' JS~,t 'FiJn~. $1A47;5,a6 Arterial Street Fund: Asphalt Overlay Program-2005 Balance........ _..... ..................... ...... ......... ............ ..... ................ ............... ..... ....... .......... 97,272 Solid Waste & Recycling Fund: Grant Expenditure Adjustment-Adopted 2006 Budget vs. Actual Grant Anticipated.....................h.......................................... (9,720) HoteUMotel Tax Fund: Olympic Trials-Earmark ($60K), Unallocated lTAC ($70K). HWR Timing of Expend-Balance ($2K).................h.h..................... 132,627 S4~t()tal~p~ClatR~v:ehl-le Funi:l!i ..,'. .. $220.:119. City Facilities ClP Fund: Municipal Facility ($558K) and Community Center ($17.1 M}--Project Balance............................................h.........................._ 17,662.431 Parks CIP Fund: Sacajawea Sports field ($55K), Neighborhood Parks ($309K), Celebration Park ($198K}--Project Balance..............................h.... 561.783 Hylebos Historical Cabins Park-Project Balance ($163K) and Grant Balance ($80K)....._...h.................................................... 243,751 Major Maintenance-Parks Facilities ($93K) and Parks AcqulsitionlMadrona Property ($42K)-Project Balance............................... 134,987 Downtown Park ($64K), Playgrounds ($31K), Bike Facility ($1 OK), Lakota Park ($1OK}--Project Balance.................................... 128,636 Sportslietd Renovation ($7K), Sacajawea Park Master Plan ($28K)-Project Balance................._............................................. 34,525 Hylebos Boardwalk Replacement-Proj Bal ($71K) and Grants ($799K)..................................h................................_............ 870,673 Surface Water Management CIP Fund: . Small CJP-Balance.... ......... ....... ....h........ ............. ............0............ ........ ........... ............ ............................. ..._._........... 2,195 SW 356th Regional Storm Water Facility-Project Balance ...0...... ............... .........0......... ......_....0......... ............... ......_ .......... 5,034 West Hylebos Channel StabilizationlRestor-Project Balance ($364K) and Grant Balance ($122K)................................._........... 486.490 West Branch Lakota Creek-Keep $100K in Project BaJance..m......................................_......,..h........................................ 100,000 2/2312006 7:40 AM 2006 Carryforward.xls list 06 10f2 C-~ CITY OF FEDERAL WAY 2006 CARRYFORWARD ADJUSTMENT SW 325th St CulvertlTrunk Replacement-Project Balance....__... ................... ............................ .............. ............ ............... 155,970 East Branch Lakota Creek ($319K) & Mirror.Basin Detention Pond ($48K)-Project Balance............,......................................... 367,465 lakota Wetland Regional Pond ($5K) & SW 320th St Trunk Replacement ($150K)-Project Balance........................................... 155,000 .S 373rd Bridge and Hylebos Replacement-Project Balance............................................................................................... 821,760 Joe's Creek-Project Balance ($345K) and Grants Anticipated ($1.106M).............................................................................. 1,451,902 SW 320th St Crossing ($87K) and SW 332nd Street Trunk Replacement ($367K)-Project Balance............................................ 454,187 W Hylebos Basin land Acquisition-Source is King County Conservation Futures Gran!.......... ................................................. 1,120,000 Transportation CIP Fund: Federal Lobbyist..contract Balance-Transfer to General Fund..... .............. ............ ..... ....... ................... .... ........... ...... ......... 7.450 So 356th St SR99 to 1st Ave South-Project Balance..__.................................................................................................... 1,734,357 SR99 Phase II-Project Balance......................... .'.'" .................. ....... ........ ................ ........... .......... .................. ............. 1,527,552 So 320th St @ 1st Ave So-Project Balance..... ............................................... ................................................................ (115,926) So 348th St @ 1st Ave So - Add Turn Lanes-ProjeCt Balance ($513K) and Eliminate Grant ($252K).......................................... 261 .493 21 st Ave SW/SW 357th St: SW 356th-22nd Ave SW-Project Balance ($98K) & Add'l Grant Anticipated ($100K)...................... 197,383 So 348th St: 9th Ave So to SR99-Project Balance............................................................................................................ 654,699 So 320th St@ 20th Ave South-Project Balance.............................................................................................................. 177,682 So 348th St@ SR161 (348h & Enchanted)-Elim Grant Anticipated ($2.7M) & Adj Budget for Exp Timing ($387K)........................ (3,086,889) SR99 Phase 3-Project Bal ($2.032M), TIB Grant ($1.625M) Federal Grant ($715K) & Grant Anticipated ($1.214M)....................... 5,587,234 SW 312th St @ SR509-Project Balance. ...... ...... .......... ......................................... ........................ ....... ........... .............. 160,184 So 320th St ; 8th Ave S-SR99-Project Balance........ ................................. ..................... ............ ............... .............. ......... 200,209 9th South and 336th-Project Balance..... .............. ........... ..... .................. .................... .......... ........... ............... .... ........ ... 11,856 10th Ave SW 1 SW 344th-Project Balance................................................................................ ...................................... 152,944 So 336th St @ 1st Way So-Project Balance................... ......... .... .................. ................. ....... .... ........ ...... ..... .................. 364,685 1st Ave So and So 28th Intersection-Project Balance....................................................................................................... 50,030 So 336th St 18th Ave So -IS-Project Balance................................................................................................................ 37,384 15 City Center Access Study-Project Balance. ......................... ......... ................... ..................................... ......... .............. 6,864 So 320th St: 1st Ave to 8th Ave So-Project Balance.............. ........................................................................................... 4,502 So 344th St: SR509 - 16th Ave So-Project Balance..........................,............................................................................... 8,647 So 320th St @ 15..... ............. .................... ..... ............................ ........... .......... .................. ...... ................. ................. 62,605 SR99 Phase 4-Project Balance ($253K), TIB Grant ($8.18M), and Federal Grant ($441K)....................................................... 8,870,766 1st Ave & So 333rd Signal-Adjust Budget for Timing of Expenditures................................................................................... (32,476) So 312th St @ 28th Ave So-Project Balance................:........................................................................ .......................... 809 21 st Ave So, So 318th to So 320th-Project Balance................. ......................................... .......... ..................................... (70,511) Undergrounding of Overhead Crossing on SR99 (WSDOT Section)-New Project Previously Approved....................................... 224,065 "''t .gbl'Q ;;Ifcra"~U.i'b Ei~FlinC:!!!i:i':h"... ::~':.r<t.'....~d.'" ,"'._'"' :: ,. .,.\!. :~~;75iJ; 81': .'.:;' :,.',.,. . ce Water Management: NPDES ($18K) and King County ILA WRIA 94th Quarter 2005 Payment ($3K) and One Year Extension $8K)............................. 29,369 Steel Lake Management District-2005's Balance.... ....... .... ........ ......... ...... .............. ..............:. ............... ......... ................. 18,880 Dumas Bay Centre Fund: C1P Balances; Deferred Maint ($37K), Carpet, IITig, Roof ($14K), Rehab ProJ. ($242K). Site Restoration ($113K)......................... 406,557 Risk Management Fund: PS-T rsfr to Fleet Fund-Insurance Proceeds #6042 ($19K) & #660 ($10K)-received in 2005...................................................... 29,646 Secondary Use Request-Public Works Vehicle #122 ($600) and Public Safety (2) PIT Vehicles ($1200)-lnsurance....................... 1,800 Information Systems Fund: Replace Mlsc Network Security ($8K), Class System Upgrade ($20K), Add'l Software Licenses ($10K)-Balance 38,400 Records Mgmt System ($21K), Document Imaging ($7K), Recreation System ($3K), Pennit System-Continue Projec!................... 140,050 Spillman Interface ($4K),800MHz Radio Replacement ($24K), Office EquiplPhone Replacement ($7K)-Continue Projec!.............. 35,226 WI-FI Project Balance ($30K) & Dumas Bay Center In-House Food Services M&O ($2K)........................................................ 32,022 GUI Mobil/Mise Software for MDCs ($15K Reserves). MDSlVRMlRadio/Equip Balance ($16K)................................................. 31,000 On-Line Incident Reporting M&O ($3K), Temporary Support of Various Projects ($20K), Minor Telecom Equip ($5K).................... 28,000 Reet & Equipment Fund: Safety Equipment for City Hall Vehicles ($5K) & City of Kent Maintenance 4th QIr Invoice for Police Vehicles ($39K)..................... 44,420 Secondary Use Request-Public Works Vehicle #122 ($5K) and Public Safety PIT Training Vehicles ($1K).................................. 5,826 PKiMT-Replace Vermeer Chipper ($35K), Turf Equipment ($7K), Slicer Seeder ($2K)-Source is Reserves & Trade-In.................. 44,307 Replace 3 Marked and 1 Unmarked Police Vehicle-Use Insurance Proceeds, Reserves & Dept Saving...................................... 142,182 Buildings & Furnishings Fund: NCH Energy StudylModification ($100K) and Sewer Lift Station ($50K) for Steel Lake Annex-Use CM Contingency...................... 150,000 . . ." ~!,jbtQ';;\1 J'roprietlllYFuilds $1;177.!:i85 Special Studies/Contracts Fund: Government Channel Cable Broadcasting-2005 Balance. ............. ................................................... ................... ............... 4,156 2% for the Arts Fund; ~arks Art Balance..... .............. .......... ......... ................. ......................... .... ...................... ...... ...... ............ .... ............... 141,170 eG Fund: Reallocation of CDBG Budget-2006 Adopted Estimate versus 2006 Actual Budget Allocation................................................... (153,542) Subtotal NonAnnual PrQurams ($.8,21!)) GRANO TOTAL-ALL FUNDS $4.4;291;571 2/23/2006 7:40 AM 2006 Carryforward.xls list 06 20f2 C-s ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2005-06 BIENNIAL BUDGET (AMENDS ORDINANCE 04-469,05-482, AND 05-510). WHEREAS, eertain revisions to the 2005-06 Biennial Budget are neeessary; and WHEREAS, these revisions are a result of funds to be earried forward from 2005; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinanee 05-510, Section I, is hereby amended to adopt the revised budget for the years 2005-06 biennium in the amounts and for the following purposes: . Section 1. 2005-06 Biennial Budget. That the budget for the 2005-06 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A (2006 Revised Budget). Seetion 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or eircumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its applieation to other persons or eircwnstances. . ORD.# , PAGE 1 . Section 3. Ratification. Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in foree five (5) days from the time of its final passage, as provided by law. PASSED by the City Couneilofthe City of Federal Way this day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: . CITY CLERK, LAURA HA THAW A Y APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 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Ii ii lil <(::::l /I) /I) :I: N (!lQ.. lI> 00 Q.. en en L: enD Ii a:: E U) u:: III a; ti U) B e- c :;::>~: c 1i "6. ~ t .. .. .'. .'~ Cl g, Q) '" :s II) 0 (,) w -- ..;.: MEETING DATE: 03/21/06 ITEM# Sf ....................--......--...----.------.--....-..--..-.....................-. .__............_._----~-_.__......__............._---_._~.-_..__.__. CITY OF FEDERAL WAY City Council AGENDA BILL " SUBJECT: Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers ~.._.~_~_n_'_.H..n~~~..............--~-~...~....~_J_.-...... _~_~_~_~.M~'YY'.,"~'.'M.Y..............._~_. CATEGORY: BUDGET IMPACT: rzJ CONSENT 0 ORDINANCE Amount Budgeted: $406129.00 0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ~M___~~__~.w.~~._................~" ......~...M._.~U.............____..~. ~~... ~"~- ATTACHMENTS: Interlocal Agreement Between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers ~_.__~_...u.~~~U"R...._.............~~'"~,~'w._~~,~___~.~....~__~..,,_W"_'"'___~_...~...............~".,,""'., ..._~,,~""""'~""..........,_.___._.._..__.._..~,.,_...'.....~..nft......__~~.........................u,...............~.....n"......."........_._...._..__ SUMMARY/BACKGROUND: School Resource Officers (SROs) are commissioned police officers that provide law enforcement and security services to . School District. These Federal Way Police Officers provide school campuses with the opportunity to heighten safety, crease public awareness, and increase outreach in the community. The original SRO agreement was set in August of 1999 and was continued through the first and second ammendments. The term of this Agreement will be September 1,2005 through August 31, 2008, for the initial three (3) year period. Thereafter, the Agreement shall automatically renew year to year unless terminiated pursuant to Section VII. School Year Costs are negotiated annually (Section 4.3) and the costs to the School District for the 2005/2006 School Year are $406,129.00. --~~~~~-- .......~_.M_~. .___n"'~..".~_.nnn__."~'.....n.y~'~~....nu..'~~___.__.n...._.nn...........__. CITY COUNCIL COMMITTEE RECOMMENDATION: Approval, March 13,2006, Parks, Recreation, and Public Safety Council Committee .__~.~~~_.~".._m_............_.....__........_~~~~_. .. ~.~._..~..~._.~.~~._~~..~-----_. '._n._~~..nn._...~n~~'~."..........__~_~.~..___..n........~ PROPOSED MOTION: "I move approval of the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers." ..-- Ui::A-k--- _._-~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) ~OUNCIL ACTION: APPROVED COUNCIL BILL # 0 DENIED 1ST reading 0 T ABLEDIDEFERREDINO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # . RESOLUTION # REVISED - 05/1012001 . . S. L., . CITY OF FEDERAL WAY CiTY COUNCIL COMMiTTEE STAFF REPORT DATE: March 13,2006 TO: Parks, Recreation, and Public ~l Committee VIA: Derek Matheson, City Manage . . Q c:: 1 f /0 (." FROM: Anne Kirkpatrick, Chief of Police . ~. ~ SUBJECT: Interlocal Agreement between the City of Federal Way and Federal Way School District No. 210 for School Resource Officers Policy Ouestion Should the City of Federal Way and the Federal Way School District No. 210 enter into a new Interlocal Agreement for School Resource Officers? Background . School Resource Officers are commissioned officers that provide law enforcement and security services to the School District. They provide school campuses the opportunity to heighten safety, to increase public awareness, and to increase outreach in the community~ The original SRO Agreement was set in August of 1999 and was eontinues through the I sl and '2nd Amendments. The term of this Agreement will be September 1,2005 through August 31, 2008, for the initlal three year period, thereafter, the Agreement shall automatieally renew year to year unless terminated pursuant to Section VII. Options CD Authorize the City Manager to execute the new lnterlocal Agreement between the City of Federal Way and Federal Way School District No. 21 for School Resource Officers - The benefit of accepting this Agreement is the added safety and law enforcement that SRO's provide at each of our Federal Way High Schools. Also, this Agreement will automatically renew on a year to year basis. " 2. Not authorize the City Manager to accept this Agreement Not accepting an SRO Agreement with the Federal Way School District would mean a . decline in the safety and law enforcement within our Scho01~. 1 (,-\ . Staff recommendation Recommend option #1 to accept the Interlocal Agreement between the City of Federal Way and Federal Way School District No. 210 for School Resource Officers Committee recommendation Forward option #1 to the full City Council for approval on March 21, 2006 . - .. , . . G-7- 2 .... CITY OF FEDERAL WAY . CITY COUNCIL COMMITTEE STAFF REPORT DATE: March 13, 2006 TO: Parles, Recreation, and Public ~l Committee VIA: Derek Matheson, City Manage cA r::: '3 f /0 (, FROM: Anne Kirkpatrick, Chief of Police (. ~ SUBJECT: Interlocal Agreement between the City of Federal Way and Federal Way School District No. 110 for School Resource Officers Policy Question Should the City of Federal Way and the Federal Way School District No. 210 enter into a new Interlocal Agreement for School Resource Officers? Background School Resource Officers are commissioned officers that provide law enforcement and security . services to the School District. They provide school campuses the opportunity to heighten safety, to increase public awareness, and to increase outreach in the community. The original SRO Agreement was set in August of 1999 and was continues through the 1 st and 2nd Amendments. The term ofthis Agreement will be September 1,2005 through August 31, 2008, for the initial three year period, thereafter, the Agreement shall automatically renew year to year unless terminated pursuant to Section Vll. Options 1. Authorize the City Manager to execute the new futerlocal Agreement between the City of Federal Way and Federal Way School District No. 21 for School Resource Officers The benefit of accepting this Agreement is the added safety and law enforcement that SRO's provide at each of our Federal Way High Schools. Also, this Agreement will automatically renew on a year to year basis. 2. Not authorize the City Manager to accept this Agreement Not accepting an SRO Agreement with the Federal Way School District would mean a decline in the safety and law enforcement within our Schools. . 1 Staff recommendation . Recommend option #1 to aceept the Interlocal Agreement between the City of Federal Way and Federal Way School District No. 210 for School Resource Offieers Committee recommendation FOlWard option #1 to the full City Council for approval on March 21, 2006 _lltlrilJ\11I18I . . 2 1 . INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR SCHOOL RESOURCE OFFICERS This Agreement is dated effeetive September 1, 2005 and is made and entered into by and between the City of Federal Way (hereinafter "City") and Federal Way School Distriet No. 210 (hereinafter "District"), eollectively "Parties". 1. The City and the District recognize commissioned police officers on the school campuses provide the unique opportunity to heighten safety, to increase pub lie awareness, and to increase outreaeh in the eommunity. 2. Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of local communities. 3. The Parties hereto desire and by this agreement enter into an Interlocal Cooperative Agreement ("Agreement") wherein the City will provide fully commissioned police officers to serve . as School Resource Offieers. 4. The Parties hereto desire to set forth their rights, duties and responsibilities with respect to applicable laws, ordinanees, procedures as established by the Parties hereto and the State of Washington. NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties hereto as follows: I. DEFINITIONS The following definitions shall apply to this Agreement: 1.1 City - The City of Federal Way. 1.2 District - Federal Way School District No. 210. 1.3 Sehool Resource Officer ("SRO") - A fully commissioned police officer who is assigned by the Department to provide law enforcement and security services to the District. The SRO assignment at the school campuses is the equivalent of a .7349 full time police officer with . - 1 - the remainder .2651 to be assigned at the diseretion of the Department. Adjustments to this . staffing alloeation may be made if mutually agreed upon between the Distriet and the City. 1.4 School Campus - The school building, all parking lots or outside common areas adjacent to the school building, and all property within JIz mile.. 1.5 Department - The FederaI Way Poliee Department, City of FederaI Way. 1.6 School Year - One hundred eighty one (181) days of official sehool days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty- three (183) days between the months of August and June. The preparation day and the closing day shall be mutually agreed upon between the SRO and the building principal. The District "in-serviee training day" for the Security Department at the begilU1ing of each sehool year is considered mandatory attendance for all SROs. 1.7 Annual Cost Letter - A letter outlining anticipated annual eosts for services for the next sehool year is to be submitted by the City to the District in the month of February prior to the school year. The anticipated costs are based on the number of offieers (FTEs) and are calculated as follows; hours of work per calendar year total 2080 hours or 249 eight-hour days and 183 contraeted days per year. The work performed by a SRO represents a staff equivalent of .7349 of a full-time position. The anticipated costs for services will be calculated on the .7349 equivalent. Adj ustments to this calculation may change based on . alternative officer assignments, e.g. JIz time officer deployment. 1.8 Extra-duty Assignments - Extra-duty assignments include, but are not limited to, athletic games, dances, graduations and other events that occur outside the normal school day as defined in Article V. Hours of Work. 1.9 Daily Routine - The daily routine includes assignment to various locations on/around the school campus, or various events. The daily routine does not include policies, procedures, guidelines or work rules. 1.10 Overtime - Overtime costs are ealculated and paid in accordance with the Fair Labor Standards Act and the FederaI Way Police Officers Guild Contract. The Distriet shall be billed for only school related overtime, which includes but is not limited to incidents involving juveniles and/or on the school campus. 1.11 Sister Schools - shall provide eontinuity of staffing during absences as described in Section 3.3. Federal Way and Thomas Jefferson SRO's will provide coverage for each other, as will Decatur and Todd Beamer. Truman will be supported as needed by the nearest available SRO. -2- . . 1.12 School Campus Security. It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to the following high schools: Todd Beamer, Decatur, Federal Way, and Thomas Jefferson for a total of four (4) full time positions. In addition, a halftime SRO will be assigned to Truman High School plus a full time SRO will be assigned to the District as a Relief SRO to cover for any absences and assist with traffie patrol surrounding schools in the District as well as other projects assigned. 1.13 Unscheduled absenee. An unscheduled absenee is defined as the Federal Way Police 'Pepartment being notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the scheduled shift. II. PURPOSE School Campus Security: It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to the following high schools: Decatur, Federal Way, Truman, Todd Beamer, and Thomas Jefferson. A Relief SRO will be assigned to assist with SRO coverage at the High Schools and school zone enforcement around Federal Way Schools. . III. CITY'S RESPONSIBILITIES 3.1 SRO Assigmnent to the School Campus. Upon receipt ofNotiee from the District, the City agrees to assign an SRO, as defined in Section 1.3, for a rotation of one school year. In the event of operational needs or other unforseen circumstanees, the City will assign the replacement SRO. 3.2 Perfonnanee Evaluations. Discipline. Assignment and Other Personnel Actions. The City will continue to evaluate the perfonnance of a SRO, to administer diseipline, to investigate allegations of misconduct, assign duties, and take any other personnel action in accordance with applicable City policies, guidelines, and/or collective bargaining agreement. The City, in its discretion, may utilize the District's perfonnance comments/observations referenced in Section 4.2. 3.3 Staffing. A. Scheduled Absence. The City agrees to provide a full day replacement for each day of scheduled absence with the following exceptions: . -3- a. The SRO shall attend designated training approved by the City and . with the agreement of the building principal. Training may be provided by an outside ageney, the District, or the City. b. The SRO shall attend one day of mandatory training provided by the City per month, per school. The City shall maintain a minimum of three (3) SROs in the District during school hours. Coverage during training shall be provided under the "sister school" philosophy. B. Unscheduled Absence. The City shall maintain a minimum ofthree (3) officers assigned within the District during school hours except during exigent eircumstances, which include but are not limited to natural disasters, riots, or large-scale disturbances requiring Federal Way police officers response. a. On the first day of an absence due to illness or emergency, eoverage will be provided by the Relief SRO. b. In the event the Relief SRO is already assigned to cover a building, the resulting coverage will be provided as described in the "sister school" philosophy. C. Absence for Other Duties and/or Training. The City agrees to provide a replacement for the hours of absenee in the event a SRO is absent more than four (4) hours for Department duties and/or training. 3.4 Trans\,ort of Criminal Su~ects. After an SRO arrests individuals or detains individuals . suspected of criminal activity, the SRO will normally remain on the school campus, and additional police officers will be dispatched to transport said individuals. The City, in its discretion, may require the SRO to leave the school campus and transport the individuals. 3.5 Invoices. A. Regular SRO work. The City will submit two invoices during the school year, one in January and one in June, for work performed. Each invoice represents work for 91 days, whieh equates to one-half of the school year. B. Extra-duty assignments. The City will submit an invoiee monthly for all work as a result of extra-duty assignments. C. Overtime. The City will submit an invoice monthly for all overtime worked. The City maintains responsibility to document overtime. 3.6 Annual Cost Letter. On or before February 1 st of each year the City will provide the District Security Manager an Annual Cost Letter estimating the anticipated annual costs for services for the next sehool year. -4- . . 3.7 Uniform and Eauipment. A. Uniforms. Normally a SRO will be attired in police uniform. However, either upon the request of the building principal or, if applicable, the Memorial Field Coordinator, and approval by the City, other attire may be approved for specific occasions. Dress down attire will maintain a professional image and may include bike uniforms or other activity specific attire. B. Transportation. The City, in its discretion, may provide vehicles or other means of transportation for the SRO. C. Radio Communications. The City will provide the SRO a radio capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network. Cellular phones may be provided at the City's discretion. 3.8 Extra-dutyassignments. The City agrees to attempt to assign the extra-duty work to the SRO assigned to the particular school campus but will also attempt to reduce any overtime. 3.9 Minimum Benefits. Pursuant to RCW 28A.400.285, persons performing selVices under this . Agreement shall be provided health benefits similar to those provided Sehool District employees who would otherwise perform the work, but in no case are such health benefits required to be greater than the benefits provided for basic health care services under chapter 70.47 RCW. 3.10 Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through the Washington State Patrol criminal identification system under. RCW 43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the federal bureau of investigation before hiring any employee who will have regularly scheduled unsupervised aceess to children in the School District's schools. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The City shall provide a copy ofthe record report to the applicant. When necessary, applicants may be employed on a eonditional basis pending completion of the investigation. If the applicant has had a record eheck within the previous two years, the City may waive the requirement. 3.11 Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the City shall prohibit any employee ofthe City from working at a public school who has contact with ehildren at a public school during the course of his /her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a ehild under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under ehapter 46.61 RCW), sexual exploitation . -5- . of a child under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is . a victim, promoting prostitution ofa minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws or another jurisdiction. Any failure to comply with this section shall be grounds for the School District to immediately terminate this Agreement. IV. DISTRICT'S RESPONSIBILITIES 4.1 District Re,quest Removal of SRO. The District may request removal of a SRO for unsatisfaetory performanee or for incompatibility. All requests for removal must be in writing from the Distriet's designee or the building principal ofthe school being served and submitted to the Chief ofPoliee. 4.2 Performance Comments. The building principal and or the Distriet's designee will provide the City's SRO supervisor with performanee comments and observations coneeming the SRO upon request (generally on an armual basis). The SRO supervisor is wholly responsible for the SRO's performance appraisal; the building principal's comments will not replace the evaluation, but may be included in it. 4.3 Comoensation. The rate for the SRO's will adjust annually in. accordance with the Police Department Guild Collective Bargaining Agreement. Upon receipt of an invoiee, the District . will reimburse the City within thirty (30) days, exclusive of overtime and extra duty assignments eosts. A. Annual Negotiation of Costs. After February 1st of each year, the District agrees to negotiate the compensation based upon the antieipated costs of services as set forth in the Annual Cost Letter in Section 3.6. B. Extra-duty assignments. The District agrees to pay the prevailing hourly rate for each extra duty hour worked by a police officer. In the event that overtime is incurred, the District agrees to pay the overtime rate as defined in Section 1.10. C. New Position( s ). In the event the City and the District agree to establish additional SRO position(s) during the sehool year, the Distriet will pay the proportionate amount based upon the actual days worked. D. Overtime. The District agrees to pay any and all overtime costs in accordance with the Fair Labor Standards Act and the Guild Contraet. " -6- . . 4.4 Office SvaceJEquipment. A, The Distriet will provide an office space, a desk, dedicated phone line, voice mail, district and Internet based electronic mail, and a computer. B. The District will provide access to private interview rooms. e. Generally the school campus of the District will provide a site-based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff/campus activities. In the event a site-based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. 4.5 Extra Dutv Assignments. The District reserves the right to negotiate with the City for "extra- duty" police services as defined in Section 1.8. The District's first preference is that the SRO assigned to the sehool would also be assigned to the extra duty assignments. When this is not possible, the extra duty assignments shall be offered in the following order of priority; first, to current SRO's in the District, second, to District security offieers, and third to other Department police officers. 4.6 Assignment of Daily Routine. The principal may assign the daily routine of the SRO . provided the assignment does not conflict with City policies, guidelines, protocols, work rules and/or applicable eollective bargaining agreement. 4.7 Transport Students. The District will maintain responsibility to transport students not involved in criminal activity. v. HOURS OF WORK An SRO will work an eight-hour shift, inclusive ofthe lunch period. The SRO may be subject to call during the lunch period. The actual hours worked will be determined by the needs of the school principal. Generally, hours for high sehools approximate 0645 (6:45 a.m.) to 1445 (2:45 p.m). The Parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA) and that overtime may occur. At the request of the District and with mutual agreement of the City, the Relief SRO hours may be adjusted to meet the needs to the District. SROs will attend weekly campus-based meetings with peer SROs and/or SRO supervisor. The weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes. The"SROs are encouraged to attend the weekly South King County multi-agency "breakfast meeting" which is eurrently held within district boundaries. . -7- . VI. TERM The tenn of this Agreement shall be for an initial period of three years, from September I, 2005 through August 31, 2008. Thereafter, this Agreement shall automatically renew year to year unless tenninated pursuant to Section vn hereof. VII. TERMINATION 7.1 The District may terminate this Agreement for "just cause" provided that it has provided ninety (90) days prior written notice to the City. "Just Cause" shall mean the City's failure to perform its obligations under this Agreement following notice from the District of sach failure and after an opportunity for the City to cure or satisfy such obligations. 7.2 Either party may terminate this Agreement with or without cause at the end of the school year by ninety (90) days prior written notice to the other party. For this paragraph, the school year end date shall be June 30th of the current year. VIII. INSURANCE . 8.1 Amount. It is hereby understood and agreed that each Party to this Agreement shall obtain and maintain pub lie liability insurance in an amount not less than TWO MILLION AND NO/IOO DOLLARS ($2,000,000) single limit liability. 8.2 Certifieate. Each Party shall provide proof of insurance coverage to the other Party. The City shall provide the Distriet with a Certificate of insurance including a copy of the endorsement naming the District as additional insured. The District shall provide the City with an evidence of coverage letter from the Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times. IX. INDEMNIFICATION 9.1 The District. The District agrees to defend, indemnify, and hold the City, its elected officials, offieers,' employees, agents, and volunt~ers hannless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or eonnected with this Agreement to the extent -8- . . . caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. 9.2 The City. The City agrees to defend, indemnifY, and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or cOIll1ected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach ofthis Agreement. 9.3 Survival. The provisions ofthis article shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. X. GENERAL PROVISIONS 10.1 Administration and Notice. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. The contract representative for the City shall be the City Manager or his or her designee, 33325 8th Avenue . South, Federal Way, Washington 98063-9718. The eontract administrator on behalf ofthe District shall be the Superintendent or his or her designee, Federal Way Public Schools, Administrative Office, 31405 18th South, Federal Way, Washington 98003. 10.2 Independent Contractor. It is the intention ofthe City and ofthe District that each SRO is a City employee. 10.3 Confidentiality. Both the District and the City are governed by laws requiring confidentiality for certain records and information contained therein. Pursuant to RCW 13.50.010(1 )(a) the City and the School District are '~uvenile justice and care" ageneies which maintain records (hereinafter "juvenile records") as defined in RCW 13.50.01 O( 1)( c). Both Parties agree that the juvenile records will only be released in accordance with RCW 13.50.050(4). The City will not release copies of reports, investigations, or other documents which are not juvenile records if such records are exempt from disclosure under either the Public Disclosure Act, RCW Chapter 42.17, including future amendments or the Criminal Privacy Act, RCW Chapter 10.97 et seq., including any future amendments. Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 U.S.C. ~ 1232g and regulations promulgated there-under, City persoIll1el providing security services to the School District may be provided access to student records in the eourse of their duties and will be expected to maintain the eonfidentiality of such information except as disclosure is . - 9 - permitted by law. For the purposes of the foregoing statute, the City shall be recognized as . an offieiallaw enforcement unit of the School District. 10.4 Entire Agreement. This Agreement contains all ofthe agreements ofthe Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 10.5 Modifieation. No provision of this Agreement may be amended or added to exeept by agreement in writing signed by the Parties or their respective suceessors in interest. 10.6 Full Force and Effect. Any provision ofthis Agreement which is declared invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full foree and effect. 10.7 Assignment. Neither the City nor the District shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 10.8 Attorney Fees. In the event the City or the District defaults on the performanee of any terms in this Agreement, and the District or City places the enforcement ofthe Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each . Party shall pay all its own attorney's fees, eosts and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 10.9 No Waiver. Failure of either Party to declare any breach or default immediately upon oecurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. 10.10 Arbitration. Disagreement coneeming the interpretation or application of the provisions of this Agreement are subject to arbitration provided that the City Manager, or his or her designee, and the District Superintendent, or his or her designee, have diseussed' and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. Following reeeipt of the notice to arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt to resolve the matter. lfthe matter cannot be resolved, the Parties shall first attempt to select an arbitrator. lfno agreement can be reached on the selection ofthe arbitrator, the City and the District agree to use the services of the American Arbitration Association for the selection ofthe arbitrator. Each party shall be responsible for its own costs and fees incurred - 10- . . . in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall be borne equally by the City and by the District The arbitrator shall determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both Parties. 10.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or othelWise affeet any of the provisions ofthis Agreement 10.12 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be eumulative with all other remedies available at law, in equity or by statute. 10.13 Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting ofthis Agreement, and the Exhibits, if any, attached. No ambiguity shall be eonstrued against any party upon a claim that party drafted the ambiguous language. 10.14. Filing of Agreement This Agreement shall be filed with the Seeretary of the Board of Directors of Federal Way SehooI District No. 210, the City Clerk ofthe City of FooeraI Way, and the King County Records and Elections Division. . 10.15 Notices. Any notices required to be given by the Parties shall be delivered to the Parties at the addresses set forth below. 10.16 SupolementaI Security Officers. The District reserves the right to place a campus security officer to assistthe assigned SRO at any time. IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DISTRICT NO. 210 By: By: Derek Matheson, Interim City Manager Thomas Murphy, Superintendent 33325 8th A venue South 31405 18th South ,Federal Way, W A 98063 FederaI Way, W A 98003 Date: Date: . - 11 - . . APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson Diana Seeley, C.P .M. City Attorney Director of Risk Management & Purchasing I ATTEST this _ day of , 2006 ATTEST this _day of ,2006 City Clerk, Laura Hathaway K:\inlerlcI\7schoolsoo_fin . - 12 - . ,MEETING DATE: March 21s', 2006 ITEM# Set .--~~_..._"~-"'"-'_._.~---_...__._-_...__.._"_...""......_..._._..""-_.._----_.._........."......""...."...._...._,_.._~_._-----_..-_._--.----~_.._..._....._."-_..._......_._._...._...._..._.._---_...._-- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2006 Asphalt Overlay Project Bid Award. ~~....._~~_...........__.._MU.~...~~......nn_~.....~~r._~~.._~~.._.~...~.....",.,.-.. ..~~__~___ ......~..~~...~.........__.._,_..'WU~~"""~""~~'"~"~~~__~~~~............... CATEGORY: BUDGET IMP ACT: [gJ CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ~~_u"........_~~a'~.~.._..n_'._~..,._"~_~...............u.~~,..._~_,....--,~-- . ._._.~U~~~_M~......~_~~_"r.'_...~~_~n_~n___ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated March 6'\ 2006. ._.__._-_.__.~_.~_. M____.__"..".,"',._.."~_~,~~.___~.~~~__~~__.,..~.,~"..--,.~~.~~~~..__.~~-- SUMMARYIBACKGROUND: Five bids were received and opened on February 15,2006 for the 2006 Asphalt Overlay Project; please see attached LUTC memo. The lowest responsive, responsible bidder is Woodworth and Company with a total bid of $1 ,653,325 .82. --~.~~--~".,"--".~.,...~~~---~_..~-"'~,..-~~_.~~-----....._~.._~~~.._~~---"',..~_..,"."'~.....y._"......~~~~~~~-~~~-------~-_..-~~~,.~~ CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 6t\ 2006 ',meeting, the Umd Use and .nsportation Committee forwarded the following staff recommendations: 1. Award Schedules A, B C, D, and F of the 2006 Asphalt Overlay Project to Woodworth and Company lowest responsive, responsible bidder, in the amount of $1,339,947.19 and approve a 10% contingency of $133,994.71, for a total of $ 1,473,941.90, and authorize the City Manager to execute the contract. If project funding allows, approve adding all or a portion of Schedule E back into the contract with the understanding that the total cost will not exceed the tbtal fimding available for this program. -----... ..~~-_._y~_. .~~-y_.. .~----_.~~-~.,..__.~---~..~"~~...."~.--~~"~~~-----~_..._~- PROPOSED MOTION: "I, move to award Schedules A, B C, D, and F of the 2006 Asphalt Overlay Project to Woodworth and Company lowest responsive, responsible bidder, in the amount of $1,339,947.19 and approve a 10% contingency of $133,994.71, for a total of $ 1,473,941.90, and authorize the City Manager to execute the contract. If project fimding allows, approve adding all or a portion of Schedule E back into the contract with the understanding that the total cost will not exceed the total 'ng available for this program." --~~~-_..~,-" CITY MANAGER APPROVAL: , (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading D T ABLEDIDEFERRED/NO ACTION Enactment readiug . MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/1012001 CITY OF FEDERAL WAY MEMORANDUM DATE: March 06, 2006 . TO: Land Use and Transportation committ~ VIA: Derek Matheson, Interim City Manage FROM: Cary M Roe, P .E., Director of Public W orks ~ John Mulkey, P.E., Street Systems Engineer ~ SUBJECT: 2006 Asphalt Overlay Project Bid Award POLICVQUESTION: Should the Council award the 2006 Asphalt Overlay Project to the lowest responsive, responsible ,bidder? BACKGROUND: Five bids were received and opened on February 15, 2006 for the 2006 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Woodworth and Company with a total bid of $1 ,653,325 .82. AVAILABLE FUNDING: The budget for the 2006 Asphalt Overlay Project is $1,791,610, and is comprised of the following: 2006 Overlay Budget $1,502,500 2006 Structures Budget $124,700 . 2005 Carty Forward $97;300 Mitigation $67,110 . Total Funding Available $1,791,610 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs: SCHEDULE DESCRIPTION AMOUNT A Is1 Ave S/S312th Street/4th Ave S $445,125 B 19th Ave Southwest $116,767 C 20th Ave South (S333rd to S324th) $367,357 D 24th Ave S/S305th Street $48,167 E 8th Ave South (S3lOth to S304th) $313,378 F Aquacene $362,529 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $1,653,325 10% Construction Contingency $165,332 Pavement Management System $25,000 In-house Design $75,000 Construction Administration $81,300 City's Administrative Fee $74,318 Printing and Advertising $3,500 . ESTIMATED TOTAL PROGRAM COST: $2,077,775 = MaICh 06, 2006 Land Use and Transportation Corrunittee 2006 Asphalt Overlay Project - Bid Award Page 2 . In order to stay within budget it is recommended that Schedule "E" (Sib Avenue South) be deleted from the project and a contract amount of$1,339,947.19 be awarded to Woodworth and Company. OPTIONS: 1. A ward Schedules A, B C, D, and F of the 2006 Asphalt Overlay Project to Woodworth and Company lowest responsive, responsible bidder, in the amount of $1,339,947.19 and approve a 10% contingency of $133,994.71, for a total of $ 1,473,941.90, and authorize the City Manager to execute the contract. If project funding allows, approve adding all or a portion of Schedule E back into the contract with the understanding that the total cost will not exceed the total funding available for this program. 2. Reject all bids for the 2006 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. 3. Donot award the 2006 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDA nON: Staff recommends forwarding Option 1 to the March 21, 2006 City Council Consent Agenda for Approval: Award Schedules A, B, C, D, and F of the 2006 Asphalt Overlay Project to Woodworth and Company the lowest . responsive, responsible bidder, in the amount of $1,339,947.19' and approve a 10% contingency of $133,994.71, for a total of$ 1,473,941.90, and authorize the City Manager to execute the contract. Ifproject funding allows, approve adding all or a portion of Schedule E back into the contract with the understanding that the total cost will not exceed the total funding available for this program. 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"".,,"'---'--_.- CITY ~..,;~'~;~~"'.~ A Y'___,...,-___"________m~__~__________ City Council AGENDA BILL SUBJECT: S 320th Street at 1 $I Avenue South Intersection Improvements Project; 85% Design Status Report ,"y, """",.."'~,~.~___.__y~,,~..~.........~.....,.........~....~.._",.,."...".~"~"""... ~...........,._...'...~..M'''.M.._..~"...r..'~..~.",.__"..............""",........", ~ __~",~"".~.n...n......~_..__.,..._._..'.~n"~u__",""~'~"_~'~__ CA TEGORY: BUDGET IMPACT: [8J CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCn.. BUSINESS 0 OTHER Contingency Req'd: $ a.....~...,......~.,.,',._,..~._~~~___~_~_.~...........~.__....__..._..~_.,..,.......U..M_.~."~~_____ . --~_.~~.~--~------.-~-_.~~ A TT ACHMENTS: Memorandum to the Land Use and Transportation Committee dated March 6'\ 2006. ___.._....y.~........~....n ............~"_,___.__._.~..~~..._._~_.~v.y'..._~n~~_'_-~-------_._--"-----------~" SUMMARYIBACKGROUND: This project will add a 2"d left-turn lane in all four directions, northbound, southbound and westbound right-turn lanes and widen 1st Avenue South.to five lanes from South 316th Street to South 320th Street. The traffic signal system will be modified to accommodate the added lanes. The existing span-wire emergency signal system at the South King Fire & Rescue will be replaced with a new signal. The attached LUTC memo provide~ a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete ._..,....__,___,_~-----~-..-,.~--..-'_'"_~..m..m..'........__..-,-'_,_'_~_~.._.."_ ""'_"'"_"..~,_.._......_............_.._...__..__...._~~_ CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 6th, 2006 meeting, the Land Use and Transportation Committee forwarded the following staff recommendations: 1. Authorize staff to proceed with present design of the South 320th Street at IS' A venue South Intersection hnprovements Project and return to LUTC Corrunittee at the 100% design completion stage for further reports and authorization. __.._.~___~y~~..-~...yy,.y'...~.n'.......y..-..,..,.~,""'..._.." -~~~............~~-~.~~~~~." PROPOSED MOTION: "I move to authorize staff to proceed with present design of the South 320th Street at 1st Avenue South Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization_" ~ CITY MANAGER APPROVAL: . (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNca BaL # D DENIED 1ST reading D T ABLEDIDEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances o,nly) ORDINANCE # . RESOLUTION # REVISED - 05/1012001 CITY OF FEDERAL WAY MEMORANDUM DATE: March 06, 2006 . TO: Land Use and Transportation Connnittee VIA: Derek Matheson, Interim City Manager~ ' FROM: Cary M Roe, P.E., Director of Public Works ~ Marwan Salloum, P.E., Street Systems Manager, __, SUBJECT: South 320th Street at rt Avenue South Intersection Improvements Project; 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 320th Street at 1 st A venue South Intersection Improvements Project and return to the Council at the 100% design completion for further reports and authorization? BACKGROUND: This project will add a 2nd left~turn lane in all four directions, northbound, southbound and westbound right-turn lanes and widen 1 st A venue South to five lanes from South 316th Street to South 320th Street. The traffic signal system will be modified to accommodate the added lanes. The existing span-wire emergency signal system at the Federal Way Fire Department will be replaced with a new signal. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: . The Topographical Surveys . . The Geotechnical Investigation . SEP A Submittals . Channelization Plans . Project Design to 85% Ongoing Tasks Include: . Value Engineering Study . Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Project Open House scheduled for May 2006 . Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Planning and Design $450,000 ROW Acquisition 864,000 Construction cost 2006 (estimate) 4,200,000 10% Construction Contingency 420,000 Construction Management (12%) 480,000 TOTAL PROJEcrCOsrS $6,414,000 . March 06, 2006 Land Use and Transportation Committee South 32Qth Street at 1 SI A venue South Intersection Improvements Project - 85% Design Status Report Page 2 . AVAILABLE FUNDING: REET Fund $337,000 Utility Tax 603,000 Transfer in street CIP Fund 217,000 Mitigation 129,225 TOTAL A V AlLABLE BUDGET $1,286,225 Given the project currently has a funding shortfall of $5,127,775, staff anticipates applying to the Transportation Improvement Board (TIB) for grant funding to construct the project. The TIB grant application would be submitted assuming a 60/40 split of the total project cost or $3,848,400 Till grant and $2,565,600 as city match. With $1,286,225 of City/mitigation funds currently available, the City would need to provide an additional $1,280,000 to satisfy the City match amount. In 2004 Staff applied and was not successful in obtaining Till funding for this project as it was scoped in the 2004 TIP. To improve the project score staff is proceeding with the design, environmental approval process and the Right of Way acquisition to qualify as a conslruction-ready project in an effort to get five additionid points, thus making the project more competitive for the future TIB grant funding cycle. OPTIONS: . L Authorize staff to proceed with present design of the South 320th Street at 1 st A venue South Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the March 21, 2006 City Council Consent Agenda for approval: "Authorize staff to proceed with design of the South 320th Street at 1st Avenue South Intersection Improvements Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization." COMMITTEE RECOMMENDATION: FptWlinlthe abQy'!C:,M~iffre~Qmm.~dation to the March 2.l-,_2Q(till~_CQJ.mciLQmsent Agenda. .c; Projcct File Day File . MEETING DATE: March 21",2006 ITEM# 5, ..&~.~~~~_...............~~___~u_~..,_______".~"",".""",~_~.",.-.,..-.....-.-.-------.-., ,...,"""".,...,~_.._-_. __.'_..'_.m.~_.."._.'.._._._._____.__"'.".'..._.__._.________ . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: S 373rd St Bridge Replacement - WSDOT & LUll ILA's -~_. ~MM~~~.~~~~"~'M"~'~.~'.'-'-----_._~~""'''~''~'.''.''"'.'..,",....-~--_...~.~_.._..~~~ ~...~.".~..~..~_.u~.n.......~..___,." -_. CATEGORY: BUDGET IMPACT: IZl CONSENT 0 ORDINANCE Amount Budgeted: $ 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ~------~-- --.... .._._..._._-"..............._--~~...~ "' .~~...._---~-~- -~~,..~.~~........------. ATTACHMENTS: Memorandum to the Land Use and Transportation Conunittee dated March 6th, 2006. ..u~. ---~~~~-, ~-~~..~.,''''.,,'~~-_._---,.,--~-~-- ~..__n._n......_........__._'"'_._..__r ~-~.~---_..- SUMMARYIBACKGROUND: Staff pursued development of an Inter-Local Agreement (ILA) with the Washington State Department of Transportation (WSDOT) as a partner in the S. 373Td Street Bridge Replacement and Spring Valley Ranch (Mace property) stream restoration and habitat project. The ILA anticipates the WSDOT conducting all permitting for the City's project as well as theirs, a constructability review, review ofthe plans and specifications prepared by the City's consultant, combining both agencies, plans and specifications into one set and advertising as one project. Lakehaven Utility District (LOO) has a water main in S. 373Td that will need to be relocated for the road and bridge work. ~D has requested we enter iuto an !LA with them so that the City's consultant can do the design wmk and the nstruction would occur as a part of the larger project. The costs for this work will be passed through the City to LUD so ere is minimal effort on the part of the City with the exception of some staff time to pass the billing on to LOO. Incorporation ofthe work into the larger project makes sense as LOO will not be able to relocate their line until the final design is completed indicating depth and location of the stream and bridge work. --- - ~~___~___~____.___._...._.~_____~._.__~~gw~'.~rw..",~_.._"_ aTY COUNCIL COMMITTEE RECOMMENDATION: At its March 6'b, 2006 meeting, the Land Use and Transportation Committee fOlwarded the following staffrecommendations: 1. Authorize the Interim City Manager to execute the ILAs with WSDOT and LUD. ~'-_.._~ ._~~-------<---.,.,.~---,~. n_.~_ ..~~~~._-_. PROPOSED MOTION: "I move to ut ze the Interim 'ty Manager to execute the ILAs with WSDOT and LOO." -~~~~-~~~~.- CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading 0 TABLEDIDEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # tlVISED - 05/1012001 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 6th, 2006 TO: Land Use and Transportation Committee . VIA: Derek Matheson, Inttfrim City Manager FROM: Cary M. Roe, P.E., Public Works Director ~ Paul A. Bucich, P .E., Surface Water Manag SUBJECT: S. 373,d ST. Bridge Replacement - WSDOT and LUD lLA's POLICY QUESTION: Should the Council authorize staff to enter into Inter-Local Agreements with the Washington State Department of Transportation and the Lakehaven Utility District for work on the S. 373Jd St. Bridge Replacement project? BACKGROUND: On December 20th, 2005, Staff requested authorization to pursue development of an Inter-Local Agreement with the Washington State Department of Transportation as a partner in the S. 373M Street Bridge Replacement and Spring Valley Ranch (Mace property) stream restoration and habitat project. Attached is the draft ILA for your consideration. During negotiations with WSDOT, it was determined that incorporation of the City's project plans and specifications into a larger project including the stream and habitat work administered by the WSDOT with City participation would save time and potential conflicts between two competing contractors in a limited space. As such, the attached draft ILA scope of work anticipates the WSDOT conQucting all permitting for the City's project as well as theirs, a constructability review, review of the plans and specifications prepared by the City's consultant, combining both agencies plans and specifications into one set and advertising as one project with separate schedules of work. The separate schedules of work will allow the City to clearly see our construction costs for the bridge and associated work. Lakehaven Utility District has a water main in S. 373rd that will need to be relocated for the road and bridge work.. . LUD has requested we enter into an ILA with them so that the City's consultant can do the design work and the construction would occur as a part of the larger project. The costs for this work will be passed through the City to LUD so there is minimal effort on the part of the City with the exception of some staff time to pass the billing on to LUD. Incorporation of the work into the larger project makes sense as LUD will not be able to relocate their line until the final design is completed indicating depth and location of the stream and bridge work. OPTIONS: 1. Authorize the Interim City Manager to execute the ILA with WSDOT as attached. 2. Authorize the Interim City Manager to execute the ILA with Lakehaven Utility District as attached. 3. Do not authorize staff to execute the agreements and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding options I and 2 to the March 2151, 2006 City Council Consent Agenda for approval; I. Authorize the Interim City Manager to execute the ILA with WSDOT as attached. 2. Authorize the Interim City Manager to execute the ILA with Lakehaven Utility District as attached. COMMITTEE RECOMMENDA nON: Forward the above staff recommendation to the March 215" 2006 City Council Consent Agenda. . cc: Project File Day File ~ W Washington State "/I Department of Transportation Organization and Address Local Agency City of Federal Way Preliminary Engineering Public Works Department Participating Agreement P.O. Box: 9718 Federal Way, WA 98063~9718 Work by State - Actual Cost Section I location Agreement Number SR 5 Fife Vicinity HOV, Wetlands Mitigation Area GCA-4765 -.-. Control Section Number Attachments made a part or this agreement State Route Number 5 270105 Exhibit" N Estimate of Costs Region Surely Bond Exhibit "B" Description of Work Olympic Exhibit "C" Plan I Vicinity Map Advance Payment Amount . 0 THIS AGREEMENT, made and entered into this day of ,between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the .STATE") and the above named organization, (hereinafter the "LOCAL AGENCY"). WHEREAS, the lOCAL AGENCY has requested that the STATE perform certain work as described herein, and/or is responsible for a portion of the work as provided for under WAC 468-18-040(5)(d), and WHEREAS, the lOCAL AGENCY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUAlL Y AGREED AS FOLLOWS: I II ~ GENERAL PAYMENT he STATE, as agent acting for and on behalf of the lOCAL The LOCAL AGENCY, in consideration of the faithful AGENCY, agrees to periorm the work as shown in Exhibit "B" periormance of the work to be done by the STATE, agrees to Description of Work. reimburse the STATE for the actual direct and related indirect cost of the work as shown in Exhibit "A" Estimate or Cost. Plans, specifications and cost estimates shall be prepared by the STATE in accordance with the current State of Partial payments shall be made by the LOCAL AGENCY, upon Washington Standard Specifications for Road, Bridge, and request or the STATE, to cover costs incurred. These payments Municipal Construction, and amendments thereto, and are not to be more frequent than one (1) per month_ It is agreed adopted design standards, unless otherwise noted. that any such partial payment will not constitute agreement as to the appropriateness of any item and that. at the lime of the final The LOCAL AGENCY agrees, upon satisfactory completion of the audit, all required adjustments will be made and reflected in a work involved. to deliver a retter of acceptance to the STATE final payment. which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the The LOCAL AGENCY agrees to make payment for the work to work under this AGREEMENT. be done by the STATE within thirty (30) days from receipt of billing from the STATE. If a letter of acceptance is not received by the STATE within 90 days following completion of the work, the work will be The LOCAL AGENCY agrees that if payment for the work is considered accepted by the LOCAL AGENCY and shall not made within ninety (90) days after receipt of billing the release the STATE from all future claims and demands of any STATE may withold any tax monies which the LOCAL AGENCY nature resulting from the performance of the work under this is entitled to receive from the Motor Vehicle Fund. until payment AGREEMENT. for the work is received by the STATE. If the lOCAL AGENCY is not entitled to receive Motor Vehicle Funds, a surety bond in The LOCAL AGENCY may withhold this acceptance of work by the amount shown above written by a surety company authorized submitting written notification to the STATE within the 9O-day to do business in the state of WashIngton shall be furnished to period. This notification shall include the reasons for withholdIng the STATE prior to execution by the STATE of this agreement. the acceptance. The bond shall remain in force until written release by the STATE. . DOT F0fJJI224.701 EF 10100 Payment not made within thirty 130) days alter receipt of billings In the event it is determined that any change from the description shall be considered "Past Due" and bear interest at the rate of one of work contained in this AGREEMENT is required, approval must percent per month or fraction thereof until paid pursuant to RCW be secured from the LOCAL AGENCY prior to the beginning of 43.17.240. such work. Where the change is substantial, written approval . must be secured. The LOCAL AGENCY agrees to pay the STATE the "Advance Payment Amount" stated above within 20 days after the STATE Reimbursement for increased work and/or a substantial change submits its first partial payment request to the LOCAL AGENCY, in the description of work shall be limited to costs covered by a when applicable in accordance with STATE Instructional Letter IL written modi/ication, change order or extra work order approved 4017.00. by the LOCAL AGENCY. The advance payment represents approximately fifteen (15) IV percent of the estimate of cost and covers costs incurred by the RIGHT OF ENTRY STATE in the initial stages of the project. The advance payment will be carried throughout the life of the project with final The LOCAL AGENCY hereby grants and conveys to the STATE adjustment made in the final payment. the right of entry upon all land which the LOCAL AGENCY has interest, within or adjacent to the right of way of the highway, III for the purpose of performing the preliminary engineering under EXTRA WORK this AGREEMENT. In the event unforeseen conditions require an increase in the cost V of 25 percent or more from that agreed to on Exhibit "N, this LEGAL RELATIONS AGREEMENT will be modified by a supplement AGREEMENT covering said increase. No liability shall attach to the STATE or the LOCAL AGENCY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. STATE OF WASHINGTON LOCAL AGENCY DEPARTMENT OF TRANSPORTATION By By . Title -.... Title Date Date . DOT Form 224.701 EF 10100 GCA-4765 Exhibit "A" Estimate of Costs . ENVIRONMENTAL DOCUMENT PREPARATION (Environmental Document Preparation. Biological Assessment, Section 401 Water Quality Certification. Critical Area Ordinance Permit or Cert.. Hydraulic Project Approval. NPDES Construction Permit. PS&E Review and Roundtable. TESC Plan SupporUReview) Office Classification Hours Hourly Rate Total Environmental and Hydraulics TPS4 24 46.81 1123.44 Environmental and Hydraulics TPS3 19 42.88 814.72 Environmental and Hydraulics TE3 30 42.88 1286.40 Environmental and Hydraulics TE2 87 39.36 3424.32 Environmental and Hydraulics TT3 10 37.80 378.00 Critical Ordinance Permit 800.00 Subtotal 7826.88 CONSTRUCTRACTIBILlTY REVIEW Office Classification Hours Hourly Rate Total Construction TE3 40 $42.88 1715.20 Design TE3 8 $42.88 343.04 Subtotal 2058.24 . PS & E REVIEW Office Classification Hours Hourly Rate Total Hydraulics TE2 5 $39.36 196.80 Bridge TE3 15 $42.88 643.20 T raffle TE2 15 $39.36 590.40 Construction TE3 5 $42.88 214.40 Plans TE3 10 $42.88 428.80 Design TE3 20 $42.88 857.60 Subtotal 2931.20 COMBINING PLANS. SPECIFICATIONS AND ESTIMATES (PS&E) Office Classification I:-Iours Hourly Rate Total Design TE3 75 $42.88 3216.00 Plans TE3 50 $42.88 2144.00 Subtotal 5360.00 PRINTING AND ADVERTISING FOR AWARD Office Classification Hours Hourly Rate Total Printing Services TT2 20 $34.17 683.40 Subtotal 683.40 . Overhead (1 ) 0.00 TOTAL $18,860 Notes: 1. No overhead applied per Reciprocal Overhead Agreement OH-00029 GCA-4765 . Exhibit "B" Description of Work The STATE shall provide all environmental documents and permits required for constructing the LOCAL AGENCY's bridge at South 373rd Street, including the Biological Assessment, the Seetion 401 Water Quality Certification, the Critical Area Ordinance Permit or Certificate, the Hydraulic Project Approval, the NPDES Construction Permit, and support and review ofthe Temporary Erosion and Sediment Control Plans. The STATE shall perform a review ofthe eonstructabilfty ofthe LOCAL AGENCY's bridge plans. The ST A TE shall perform a review of the LOCAL AGENCY's Plans, Specifications, and Estimates (PS&E) for the bridge construction. The STATE shall combine the LOCAL AGENCY's PS&E into the STATE's contract The STATE shall print and advertise the LOCAL AGENCY's PS&E for award as part of the . STATE's contract. . 1/1 --.. < - tI".V~ >0 -:; 0 !;..:::-- '''' - ... ~ II ; -<.- .. u'=" ><.= ~ ~~ Ii! 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",'" 1=: z : I .... :z ;E .; _.": .. ....0 ~... =1 ' ~ i ;; ;:: -;., '" !. : _c \I't _ I · 00 I -- . l- i .. ~ >.... ..."" ... _uo i ~ ...0 ; :z ...... .... ~ 10 J i : ... .... :;~ j~-,_." .(1..."t: ~ i ...... -- ~ +~ ]I ~llrU..O lit : i : I , ' ;; I ; I : i : . , f I , ~ ' , I W.; <I ~.i I - : ;1 J ~ ,.,.::t After recording, return to: . City of Federal Way 33325 8th Avenue S Federal Way, WA 98003 Attn: Paul B,ucich INTERLOCALAGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE S. 373rd STREET BRIDGE REPLACEMENT PROJECT AT HYLEBOS CREEK IHIS AGREEMENT is made and entered into this _ day of . 2006 by and between the Oty of Federal Way (hereinafter "City") and lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". . WHEREAS, the Oty proposes to proceed with the S. 373rd Street Bridge Replacement Project at HyJebos Creek; and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and Oty of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the bridge replacement project being undertaken by the Oty, the District wiIJ be required to relocate certain water facilities such as potable water lines, fire hydrants, valves, water meters, etc.; and resolve any waterline/utility conflicts within the Project area; and the District desires the City's contractor to install a sanitary sewer casing line for fubJre use by the District; and WHEREAS, Chapter 39.34 RCW (Interfocal Cooperation Act) permits local govemmentiJ' units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the Oty to perform certain services for the District, including letting a public wor1<s construction contract for the installation of the water and sanitary sewer improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by . this reference; Pagel ..' NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto . as follows: 1. PREDESIGN/DESIGN. The District agrees that the City's design contractor, CH2M HIll, shall perform predesignjdesign work for the Project. The District shall reimburse the City for the predesign report, reproducible construction drawings, special contract provisions, and other necessary documerits, which shalf sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. II. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The Oty shall not proceed with the District Work until the City has received approval from the District for its portion of . the bid award; provided. however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract ,and, in this event; the City shall proceed with its portion of the Project. The District agrees to either shutting off of any interfering utilities within the project limits or modifying the existing utilities in accordance with the project plans and specifications at its expense utilizing other means for the work. The District further acknowledges that any claims for delay by the City's contractor due to this work shall be the responsibility of the District to pay. This Inter-local Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids or upon acceptance of the work by the City Council as complete. III. CONTRAa ADMINISTRATION. A. The City shall provide or contract for the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exerdse all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing; of any changes it wishes to make in the plans and spedfications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work . Page 2 and shall obtain the District's approval of such changes. The District's approval shall not be . unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for aU costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the Oty services described in Paragraph ill (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (induding costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or represenwtives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. . B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising Or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Coundl accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The Oty shall retain ownership and usual maintenance responsibility for the roadway, stonn drainage system, bridge, landscaping and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final . Paoe 3 invoice to the Disbict for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the . District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the Oty completes the Anal Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared 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. IN CONSIDERA lION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. .IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTIUTY DISTRICT . Derek Matheson, Interim City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney #Uf~ General Counsel, Steven H. Pritchett ATTEST: Laura Hathaway, CMC, Oty derk . Page 4 EXHIBIT A . S~ 373rd Street Bridge Replacement Project Water Line Relocation and Sewer Casing Une Scope of Work Task 8: Utility Relocation Design Work to be completed in this task involves preparation of plans, specifications, and opinions of cost for replacement of the existing 8" AC watermain located on the north side of S 373rd Street that is owned by Lakehaven Utility District (LUD) as well as providing a casing for a future sewer line at the stream crossing. Assumptions: The scope and fee developed for the utility relocation is based on the following assumptions: 1. The extent of relocation of existing B" water main will be approximately 420 feet, extending the entire length of the roadway project limits. The water main will be relocated around the north of the proposed stream crossing structure and under the proposed channel bed 2. The existing fire hydrant near the proposed crossing structure will be replaced with a new fire hydrant . 3. Casing for a future sewer line at the stream crossing will be provided and will consist of an B-inch DIP under the stream channel that is capped and plugged at the ends. 8.1 Project Management CONSULTANT will execute this task, prepare associated invoicing and progress reports, and perform QNQC. 8.2 Utility Coordination Identify locations for utility potholing for the water main where the utility information compiled indicates a potential conflict with proposed facilities or where there is insufficient utility infonnation to continue with the design. CONSULTANT will rely on Lakehaven Utility Districtto locate the existing AC water main. WSDOT survey crew will survey the utility information immediately after locates have been done. 8.3 Utility Plans Prepare detailed design drawings as necessary for bidding and construction of the utility relocation. It is assumed that the Disbict's standard fire hydrant detail will be used for the fire hydrant relocation. Anticioated Drawing Ust (3 drawings tota/): . Utility Relocation Plan and General Notes . Watermain Plan And Profile . . Watermain Relocation Dp~ils ._ ~ ..- M Page 5 - . 8.4 Specifications . Prepare special provisions per Lakehaven Utility District Standards to supplement the WSDOTjAPWA Standard Specifications for Road, Bridge, and Municipal Construction at the 90% and 100% levels of design development. 8.5 Quantities and Opinion of Cost Prepare an opinion of cost for the utility relocation at the 30%,85%, and 100% levels of completion. The bid items for the water main relocation will be included in a sepa'rate bid schedule. Deliverables: The CONSULTANT will assemble and provide the following: . One (1) set of reproducible half-sized plans and cost estimate at the 30% level of design development. . One (1) set of reproducible half-size plans, specifications and cost estimate at the 85% level of design development. . One (1) set of reproducible half-size stamped plans, specifications and cost estimate at the 100% level of design development. . One (1) set of full size bond prints at the 100% level of completion. . MS Word files for specifications and special provisions. . . Page 6 .. . - EXHIBIT B . S. 373rd Street Bridge Replacement Project Water Line Relocation and Sewer Casing Line ESTlMA TED DESIGN, CONSTRUCTION, PROJECT ADMINISTRA TlON AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT UTILITY RELOCA TlON AND ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (CH2M HILL) $ 18,900 ESTIMATED CONSTRUCTION COSTS Subtotal Construction $60,000 Sales Tax @ 8.8% of Construction Cost $5,300 Subtotal Construction Including Sales Tax $65,300 Construction Contingency (10% of Construction cost.) $6,500 Construction Management (10% of Construction cost.) $6,500 . ESTIMATED TOTAL CONSTRUCTION COST $78,300 ESTIMATED PROJECT COST (Design & Construction) $97,200 Project Administration (5% of project cost) $4,900 TOTAL ESTIMATED COST $102.100 Note: The Agreement will be amended to include amounts to be determined ("TBD"), including estimated design, construction, and project administration costs when the estimates have been prepared. Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. . Page 7 MEETING DATE: March 21 st, 2006 ITEM# S., \ - _..__..~,.......~~.... .......,..,... . .",.",,,,,,..---..--- ....._..._...~--,.......,..... .__._._..__"~"'.N.......,.."",..~~~~'_"~'~~_"N'"W'''''''''''''''''...........~...... .._.._.____...._____..._'.''... ........,....~""'~......"'~..~........._....___ ..........._...~.~_..w,......_....._.__... . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Joe's Creek Habitat Restoration Project - 100% Authorization to Bid ,..,._.__......._..........~......".....,",..,...."....,,--..._.._--~...........~...................~~..._,..__.__.._..._-_....~._-_..__._---_....~~~,..._~_....__.._.._---_....... ..,,"'""""",,"''',.''''~....... ........~..__....._...............~...... ....--.--- .............._..__.._....~... CA TEGORY: BUDGET IMP ACT: rgJ CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ D CITY COUNCIL BUSlNESS D OTHER Contingency Req'd: $ ,."....w..._,_..__..___....... .". ....',.~...,."._............_.__~....,.,..."....""...."....,..",.....".",..~~.._._...._........__.....__ ....----~..-........~-..-.'" ......................-.-.....- .................,.,"~~.__......."",........"'...."._..........~-..,~............,............_..~..........~~.~M........" ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 22,2006. _.._.."..., .............._...~.._____..._,.."._..._,."..."'.,.......,...~__._.___._.....__.....................,...'...'....n..""N...~......n..."'wr__......_....----..-------....__~.~..._..____~._~....._.~.~..~._"......~............._.._."._.....,.,..............,..,,,...........~....................~_..........~.~~_ ....,..........M_M.'.........._.., SUMMARYIBACKGROUND: This project restores approximately 640 lineal feet of Joe's Creek located along the southerly boundary of the Twin Lakes Golf and Country Club Driving Range. The existing channel is narrow and incised with ongoing bank erosion that is threatening the stability of the stream bank and private property. The Council approved the 85% design ofthe project on December 6, 2005. The project design is completed and ready to bid. .._......,.~"...,""".._.._..__..._..._..."..,....,',.....,'"................."_..~",._~_.... ......_.......,...................._w...n.'~.......~""""_,,__~._..._ .................... .............,._,..,_~~_..""'.......___..__.~,.,,.._ '''''''''''''''',...._,.."..........'........d~........_......_.......~...~.....~....~....~..._~.~~",...... _TY COUNCIL COMMITTEE RECOMMENDATION: At its March 6'\ 2006 meeting, the Land Use and ransportation Committee forwarded the following staff recommendations: 1. Authorize Surface Water Management staff to proceed with advertising the Joe's Creek Habitat Restoration Project and return to the LUTC Committee with bids and a recommendation for award contingent upon appropriate funding agreements with King County and State Department Of Community Trade and Economic Development (CTED). _.~..._..""'.,...,, .,..,'......".,.~,...,~..-..."..,,"~__..._~~................u..,..~~......~.,-"'.~,,~-.-----....._----.- .~.....__...._.._...__.__..._~~__w...""''''''"...,,...................,.........._.._._...._.~"~"_~"......."..,.._"..~~._..__._.._............."..,....... PROPOSED MOTION: "I move to authorize Surface Water Management staff to proceed with advertising the Joe's Creek Habitat Restoration Project and return to the LUTC Committee with bids and a recommendation for award contingent upon appropriate funding agreements with King Connty and State Depattment of Community Trade and Economic Development (CTED)." DArt ,,,....,,,..,..._._._.._.__..._-_......._..........._...~-........."....".,",....,.,"~..."......,"- ........~......._-....,.,......"..".........."'....."'.."....__.'~,.._........---...........-....-.-...-.-.-..-...-............----...-..--....... CITY MANAGER APPRO V AL: ............ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED ST 1 reading D T ABLEDillEFERRED/NO ACTION Enactment reading D MOVED TO SECOND READING (ordinances only) ORDINANCE # . RESOLUTION # - REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM . DATE: February 22nd, 2006 TO: Land Use and Transportation Commi~ VIA: Derek Matheson, Interim City Manage FROM: Cary M. Roe, P.E., Public Works Director ~ Paul A. Bucich, P.E, Surface Water Manager@- SUBJECT: Joe's Creek Habitat Restoration Project -100% Design Status Report & Authorization to Bid POLICY QUESTION: Should the Council authorize staff to advertise the Joe's Creek Stream Restoration Project for bid and return to the Council with bids for award to the apparent low bidder? BACKGROUND: This project restores approximately 640 lineal feet of Joe's Creek located along the southerly boundary of the Twin Lakes Golf and Country Club Driving Range. The existing channel is narrow and incised with ongoing bank erosion that is threatening the stability of the stream bank and private property. Restoration activities will include regrading the stream channel and banks, placement of fish habitat structures such as log poles and rootwads within the stream channel, wetland mitigation planting and creation, and removal of71 feet of broken storm drainpipe lying in the channel. Up to 255 feet of 60 and 72-inch diameter pipe will replace an existing failing storm line from the pedestrian underpass to the creek. . The Council approved the 85% design of the project on December 6, 2005. The project design is completed and hereby presented for your consideration and approval to bid. PROJECT ESTIMATED EXPENDITURES: Design $447,745 Year 2006 Construction (Estimate) $1,167,653 10% Construction Contingency $95,893 10% Construction Management $106,411 Long Term Mitigation Monitoring $10,000 TOT AL PROJECT COSTS $1,817,701 A V AILABLE FUNDING: SURFACE WATER UTILITY $750,000 KING COUNTY FUNDING (REET 2) $250,000 W ASj.{lNGTON STATE 2006/07 ApPROPRIATION $843,160 TOTAL AVAILABLE BUDGET $1,843,160 . 03/06/06 Land Use and Transportation Cormnittee Joe's Creek Habitat Restoration - 100% design Page 2 . OPTIONS: 1. Authorize Surface Water Management staff to proceed with advertising the Joe's Creek Habitat Restoration Project and return to the LUTC Committee with bids and a recommendation for award contingent upon appropriate funding agreements with King County and State Department of Community Trade and Economic Development (CTED). 2. Do not authorize staff to continue with the project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends fOlWarding Option 1 to the March 21 S\ 2006 Council Consent Agenda for approval: 1. Authorize Surface Water Management staff to proceed with advertising ofthe Joe's Creek Habitat Restoration Project and return to the LUTC Committee with bids and a ,recommendation for award. COMMITTEE RECOMMENDATION: Forward the staff recommendation for Option I to the March 21st, 2006 City Council Consent Agenda. cc Project File Day File . MEETING DATE: March 21 st, 2006 ITEM# 51< ~~______~~M~~'''''~'~''_'.''''_~''''._'_'.__'____________'_....___.__........ ...._,.._.~,.".~~,_".~__________.~.__.__.~~,~""~_. __.. ~..~,."",,.,.,,"" """"m.,...'"..Y",..,~~,.._~~".......~..'~~_""_."""."'__.~~~.~~.._..._.._..,_.._.,-~ . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: S 336th St @ 1st Way S Intersection Improvements Project Bid Award .~~..~.."'_,..~_w~~_~__._._____'~.~'_..,..,.,.,...."......."'"_.._~",....." "" ~.......nw.....",.._~~.~.._~"'___'__~'~~"'''_----''"_''~''''~'~__ CATEGORY: BUDGET IMPACT: ~ CONSENT D ORDINANCE Amount Budgeted: $ D RESOLUTION o PUBliC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ -~~_...__."-~~,."~ 'n_'_"'~'~"~~~~____~~-~~"~"-~~-~'-_._-----'~~---~--'"-- ~"..---..-~,~.~,.~ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated March 6th, 2006. __~___'n ,,,~".,,'~'_...r._.~_'__ w_"~~_'_"__ .~~~~_......_w~~ SUMMARYIBACKGROUND: Five bids were received and opened on February 15, 2006 fOr the S336th Street at 1st Way South IntersectiOri Improvements Project; please see attached Bid Tabulation Summary, The lowest responsive, responsible bidder is Vetch Construction, LLC with a total bid of $253,028.00. ~_....,....,..._.~~........----.--_~_~..n..._"'..""_.__"~"""_~_~_.'~"__......--.-----"~~~~~_~"~___ ~_~_.~.,'~""~__....n,~~~'___~"r_..~~_~nn,___~~n .ITY COUNCIL COMMITTEE RECOMMENDATION: At its March 6'\ 2006 meeting, the Land Use and ransportation Committee forwarded the following staffrecommendations: 1. Award the S336th Street at 1st Way South Intersection Improvements Project to Vetch Construction, LLC lowest responsive, responsible bidder, in the amount of $253,028.00 and approve a 10% contingency of $25,300.00, for a total of$278,330.00, and authorize the City Manager to execute the contract. _~_~N'_'~'''_''____'_''_~.''. ..._-~.._.~.. PROPOSED MOTION: "I move to award the S336th Street at IS' Way South Intersection Improvements Project to Vetch Construction, LLC lowest responsive, responsible bidder, in the amount of $253,028.00 and approve a 10% contingency of $25,300.00, for a total 278,330.00, and authorize the City Manager to execute the contract." ~_._.~--- ~~--_.~............--~~---- CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COIJNCIL BILL # D DENIED 1 ST reading 0 T ABLEDIDEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # .VISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM . DATE: March 06, 2006 TO: Land Use and Transportation committe~ VIA: Derek Matheson, Interim City Manager FROM: Cary M Roe, P.E., Director of Public Works ~ John Mulkey, P.E., Street Systems Engineer1fY SUBJECT: S 336th Street at pi Way South Intersection Improvements Project Bid Award POLICY QUESTION: Should the Council award the S336th Street at 1st Way South Intersection hnprovements Project to the lowest responsive, responsible bidde~? BACKGROUND: Five bids were received and opened on February 15, 2006 for the S336th Street at 1st Way South Intersection hnprovements Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Vetch Construction, LLC with a total bid of $253,028.00. PROJECT ESTIMATED EXPENDITURES: Planning and Design $ 60,000 Construction Cost 253,028 . 10% Construction Contingency 25,300 Construction Management 35,000 Total Project Costs $373,328 A V AIL ABLE FUNDING: General Fund $ 160,000 REET Fund 234,000 Mitigation 8,744 Total Available Budget $402,744 OPTIONS: I. Award the S336th Street at 151 Way South Intersection hnprovements Project to Vetch Construction, LLC lowest responsive, responsible bidder, in the amount of$253,028.00 and approve a 10% contingency of $25,300.00, for a total of $278,330.00, and authorize the City Manager to execute the contract. 2. Reject all bids for the S336th Street at 1st Way South Intersection hnprovements Project and direct staff to rebid the project and return to Committee for further action. 3. Do ~ot award the S336th Street at 1st Way South Intersection hnprovements Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: . Staff recommends fOlwarding Option I to the March 21, 2006 City Council Consent Agenda for Approval: Award the S336th Street at 1st Way South Intersection hnprovements Project to Vetch Construction, LLC lowest responsive, responsible bidder, in the amount of $253,028.00 and March 06, ZOO6 Land Use and Transportation Committee S336th Street at I " Way South Intersection hnprovemenls - Bid A ward Page 2 . approve a 10% contingency of $25,300.00, for a total of$278,330.00, and authorize the City Manager to execute the contract. 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""""",....,.-- .........-,..,..,---...". ""'.-....-.....-.-.-.-..... ..,.-.--.-.--...-......"..'''.- ......-.....-.-.........--..,............."""""''''''---...,."......---...---.--..-'''..,............''''..,.-..,..--..'''.'''''-,..''''.-.-.-- ................_......._..............~~~ ...,.. ."..,"'"~.....,......"'... "',.~..........,.,........_- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: SURPLUS OF PROPERTY ""-_.._.....~....~...,_....._.~..~.. """',..~~~.~.,........"..........,._.........._._....,......,....,_.._-_........"~...,,,.,.,....._-_. ........-.....- .........'..."."-~,~"'''_.._-- .......,........~_...~....y..,...,"',... ",....,',..,..~..."... ........,.__........_..........._ ...........,.........._......._........"_,...''''.....'''''',.,'w,~..,"~~~..~""~_....~.........."........_ CATEGORY: BUDGET IMPACT: 0 CONSENT 0 ORDINANCE Amount Budgeted: $ [gj RESOLUTION [gj PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ~...".~~~"~...._..,~~..._~....".,',.,',...____._.~,...,."'"..,...."...ft~____..,.. """'" ._......___~~.._",., ,.,...~~_.., "'__....._.._..._.....,~......,......,......".....,," "..'..~n~"~u~_.."'_ .......,...................---.-.........."..,...'"........'""............,.....- .... ............_~-_._..........._. A TT ACHMENTS: 1. February 23, 2006 Memorandum to the Finance, Human Services and Regional Affairs Committee 2. Parcel map of the property 3. The letter of inquiry from Mr. Johnston. 4. Letter from King County responding to Mr. Johnston regarding the purchase of the County- owned parcel 5. Proposed Resolution .SUM-MARY7BA:CKGR"()UND:'A'~"individ~;f'i'~t~~;ste(f in pu;chasi;;-g.'~'s'~ajTparc'eT';;f la~d transferreci"'to.tl~~'City'''f~omi<.ing- .ounty when the City incorporated has approached The City. The property is 30' x 100' (3,000 sq. ft.) by size, is in the cinity of 31455 Fourth A venue South, and is land locked with no access for public use or for City maintenance. Therefore, this property is idle in the sense it serves no public purpose and yet does not generate any property tax. If Council were to surplus the parcel, based on current City policy, a formal appraisal would be required to detennine the fair market value of the property. Based on information collected, King County has offered to sell the adjacent parcel, directly east of the City's parcel and identical in size, for $3,000 "as is". A formal appraisal could cost between $1,700 to $3,500 and a title report fee of $350. This cost would substantially reduce the economic benefit the City may realize from the sale. Therefore, Staff requests that Council consider an exception to the current policy and allow alternative methods in determining the fair market value of this property. An example of alternative method would be to consult with local real estate professionals. Staff presented the following policy questions and options to the Committee: Question 1: Should the property be declared surplus? A. Declare the Property Surplus B. Deny the Surplus Question 2: Should the City Council allow alternative valuation from a formal appraisal? A. Allow an alternative valuation method B. Deny an alternative valuation method ..----.-...--.....--....."...."..'..' ".....",-,-"'"..",......".,."....... ..............................-..........,..,...............-........"'-...-...----.....----..--.".....-..'"''....-''.''''''.,..''' ,.-.."".,."......-".""""""..."""......--...-..-.-..........----_....,._..,...._~._.."..........,""'.,",...,"'''',..,... ._...._~.r"._'n......'..~........~._._._.._.___....~...._.~_~...._...~_..~_.._~.._,"................~.~~..___..._...__...._...,.._~",."""_~"~""",,,,,,,,,,,,'''~'~''.'_'''''~~ ......... .................._." ,...,."......,_._..~.........._............__ """",,,~_........____._........._..,.,,,,,,,_.. "...",.........,. CITY COUNCIL COMMITTEE RECOMMENDATION: At its regular meeting on February 28,2006 the Finance, Human Services and Regional Affairs Committee recommended: . Forwarding Option 1A and Option 2A to the March 7, 2006 City Council Consent Agenda and direct staff to begin the required public notice process to place the public hearing of the proposed surplus on the March 21 Council Agenda. COUNCIL ACTION: At its March 7,2006 Council meeting the Council moved to add a Public Hearing to the March 21, 2006 City Council Agenda and directed staff to advertise the Public Hearing and in the paper of record in accordance with RCW 39.33.020. Notice of said Public Hearing was published in the Federal Way Mirror 011 March 11, 2006 and March 18, 2006. -_...~..__..._~_......._.~-"...._-_..__.....__.~,._,~,~.... """"..'n.'.."',...,.........~~.................~,,_.._...,..____.._............_..........._.._...........____'"...,..'''''''n'''''..'~,..........__..._.._.__........_""._,_.__..,,''''''",,,,",,. PROPOSED MOTION: "I move approval ofa Resolution to declare the property as surplus and allow an alternative valuation method. a ft CITY MANAGER APPROVAL: IjJA (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # . 0 DENIED 1ST reading 0 T ABLED/DEFERREDINO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # . CITY OF FEDERAL WAY MEMORANDUM . February 23,2006 Date: To: Finance, Human ServiceS and Regional Affairs Committee From: [wen Wang, Management Services Di~~ Via: Derek Matheson, Interim City Manag Subject: Surplus of Property POLICY QUESTION: 1. Should the aty Council declare Parcel No. 0821409273 in the vicinity of 31455 Fourth Avenue South as surplus? 2. Should the City Council allow the determination of the fair market value through an alternative method? BACKGROUNO: The City owns the subject property as part of the park/open space transfer from King County when the City incorporated. The property is 30' x 100' (3,000 sq. ft.) by size, is in the vicinity of 31455 Fourth Avenue South, and is land locked with no access for public use or for City maintenance. Therefore, this property is idle in the sense it serves no public purpose and yet does not generate any property tax. The City recently received an inquiry to purchase of the property. If Council were to surplus the parcel, :. based on current City policy, a formal appraisal is required to determine the fair market value of the property . Based on information collected, King County has offered to sell the adjacent parcel, directly east of the City's parcel and Identical in size, for $3,000 "as is". A formal appraisal could cost between $1,700 to $3,500 and a title report fee. of $350. This cost would substantially reduce the economic benefit the City may realize from the sale. Therefore, Staff requests that Council consider an exception to the current policy and allow alternative methods in determining the fair market value of this property. An example of alternative method would be to consult with local real estate professionals. OPTIONS: Question 1: Should the prOperty be dedared surplus? .-., A. Declare the prooertv Surolus: Pros: Return an idle property to the tax roll Allow adjacent property be developed to its maximum use' Cons: This could ootentially allow the adjacent property to be developed into four lots instead of three, thus increasing the density. B. Denv the Surplus: Pros: Avoid any potential controversy Cons: The property will remain idle The lack of maintenance access to could be a potential problem 1,. _.. " l-.\ Question 2: Should the City Council allow alternative valuation from a formal appraisal? A. Allow an alternative valuation method: . Pros: Avoid the disproportional cost to the apparent value of the property Allow the Gty to realize higher net value from the sale Avoid delay. During the peak season in 2005, a formal appraisal can wait four to six weeks for a qualified appraiser to do the job Cons: less transparent valuation process B. DenY an alternative valuation method: Pros: Consistent with Council policy Transparent valuation method Cons: High cost vs. value ratio and time delay ATTACHMENTS: Parcel map of the property. TIle letter of inquiry from Mr. Johnston. letter from King County responding to Mr. Johnston regarding the purchase of the County"""Owned parcel. STAFF'RECOMMENDATION: Staff recommends approval of Option 1A and Option ZA, respectively, to declare the property surplus and utilize the alterna~e method in determining its value. ;. FHSRAC COMMITTEE AcnON: The Committee recommends forwarding Option 1A and Option 2A to the March 7, 2006 Gty Coun!=i/ Consent Agenda and direct staff to begin the required public notice process to place the public hearing of the proposed surplus on the Mardi 21 Council Agenda. '::APPROVAL OF--OOMMITTEE ACTION: ~ Ii' Absent - Excused Jeanne Btf~ Jack Dove t_ . ...... IOQO : /-.r"" IIO~ - , Q; ) u; ::: , ~ :I!. ~ I; . . .. .' n , .. r .... . f\) ... ~. - .\ .-- . ;",;Q ~ ~~.~b-~ I i~ ... - ~ ~ ~ 0.. . ~ .., (; r.J:U. ~ -... I' .'. .'. 4 T"~r AV E. . << "'J/-rJ "'l~JJ .. . _ "' .. 1 . --....- .......... c.~",,:''''_.'' 'f'Z D~.~c...~.L. "'....1..- :. .J( r~.$ . A('.4. '--~ .. . .' .~-~ . , . . .- ..... :-:-~"~.- ':"'..~:._:;---::.; .... . - ~ . . ~, i' . . r _ ._ . ._ ........-. ,.... .u. . ... . .. . - ~ . -\." -- . - .. CC: LA iU"' Prt.J Je (JarI:.~ ~lLD em 3332 Park Ave. N. -hf',tU.-(L -:C~ (i) . Renton, W A. 98056-1915 January 26, 2006 r;~ . Laura Hathaway, City Clerk City of Federal Way P.O. Box 9718 Federal Way, WA. 98063-9718 Dear Ms. Hathaway, Tbe purpose of this letter is to request the use andlor purchase of a small parcel of property currently owned by the City of Federal Way. Tbis property (parcel #0821049273) lies north ofa property (parcel # 08211049143), located at 31455 4d1 Ave. S., which I am in the process of purchasing. I have already made arrangements to purchase the King County property (parcel #0821049280), that lies to the east of the city property. The possession of these two properties would provide a legal access to the south. The property profile/legal description of my property refers to the two joining 30'xlOO' properties as the road access to this back parceL.. Indeed, as it has always been used by the previous owner as such. In 1991 the City ofFederaI Way received from King County many parcels of property, including this one. A warranty deed, Record No. 199102200715, under Ordinance No. 0745-Public Open Space. This small land-locked parcel could serve a greater good to the public by being put back on the taX rolls, and by permitting access to the adjoining property. DisCllssions with city officials including the legal. pllmning, and parks department suggest that this parcel could be swplused. It is my interest to divide Parcel No. 0821049143 into three lots: therefore I need to use Parcels No. 0821049273 and No.0821 049280 as road and utilities access. My understanding is that the City Council bas . to make the fmal decision regarding the parcel. May I be informed as to what I need to do next to expedite action on this concern? I appreciate your time and effort towards this matter. Thank you, f6J2A4 L ./ if{ Jit Bernard Johnston r8~~Z-- -'~.~ ' ~ ;~~,.. ~ _~r.. . :T~.=:' - ;~"~;;,IJIIO~ f~-tJ; 4J.S' ;'}SS. \,1 (p ~ ~flJIJ' . . @ King County FacUities Management Division Real Estate Services Section Department of Executive Services King COunty AdministrOltlon Building 500 Fourth Avenue, Room 500 $eOlttle, WA 98104-2337 206-296~1'470 206.296.0196 Fax TTY Relay; 711 December 21 , 2005 Mr. Bernie Johnston 3332 Park Ave N. Renton, W A 98056 RE: Tax Title 082104-9280, Please be advised that Kimg County owns the subject land which would normally be offered for sale to all adjoining owners through a sealed bid sale. However, since you have expressed an interest in purchasing the $ubject property and the land is not buildable as it sits; the transaction meets criteria for a direc~ negotiated sale. The legal description of the property is on the assessor's page. The property is shown in blue on the enclosed map. ,. . The price for the above qescribed property is $ 3.000 The price includes closing administrative costs. Please read the enclosed i~struction sheet, complete and return the enclosed form with a check or money order for the full alllbunt of the purchase priCe, or if purchasing on contract, 30% of the bid amount. made payable to !King County Treasurer'. Mail to: King County Real Estate Services, Room 500 K.C. Administr~tion Building. 500 Fourth Ave., Seattle; WA 98104. The deadline for submitting your offer form is January 23, 2006. Your application will be re\liewed and if acceptable, a deed will be prepared and recorded in the name designated on your Qffer form. The recorded deed will be forwarded to you within 60 days. For purchases on contract the contract will be mailed to the purchaser within sixty days and you must have t~e contract notarized. King County may reject any and all bids received. and withdraw the property from sale. If you have any questions or need additional information. please call me at (206) 296-7494. 2:'Y'~~ obe~mp~ ' Property Agent DH .' . Enclosures @.~1202t.A RESOLUTION NO. . A RESOLlITION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARJNG PROPERTY LOCATED AT 33901 9TH A VENUE SOUTH AS SURPLUS AND AUTHORIZING ITS DISPOSAL. WHEREAS, the City of Federal Way owns parcel number 0821409273, located in the vicinity of31455 Fourth Avenue South; and WHEREAS, the City Council has determined that the parcel is no longer necessary for public use and does not serve the best interests ofthe citizens; and WHEREAS, the property is surplus to the needs of the City of Federal Way; and WHEREAS, City Council Resolution No. 93-156, Section 4 specifies that the fair market value will be detennined by an appraisal; and . WHEREAS, the estimated cost of an appraisal would significantly reduce the net proceeds to the City; and WHEREAS, the City Council finds that it is in the best interest of the public to use an alternative method to determine the fair market value for parcel number 0821409273; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Property Declared Surplus. The property described above is declared smplus to the needs of the City of Federal Way. Res. # , Page 1 . . Section 2. Valuation Method. The relevant portion of Section 4 of Resolution No. 93-156 is waived for said parcel authorizing an alternative method other than a real estate appraisal for determining the fair market value. Section 3. Disposition of Surplus Property. Staff, under direction of the City Manager's designee, is instructed to negotiate a sale of the property for the best available price or transfer to another governmental agency in accordance with RCW 39.33.010 subject to final approval by the City Council. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis resolution. . Section 5. Ratification. Any act consistent with the authority and prior to the effective date ofthe resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK . Res. # ---' Page 2 ATTEST: . CITY CLERK, LAURA HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED. WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k\reso\suTplus parks parcel #0821409273 . Res. #_, Page 3 . MEETING DATE: March 21. 2006 ITEM# 70t . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Sound Transit Phase 2 _~._M_..........""...............~.~_.....n'...~..n".....'~~_.___~'~"""''''_'''''''''"'._~~~"~...~"."..,.~.,""..",.~.~__..~~....~~....."...~...~w"....,,,,~_....., '_'W'~~~~~.___.___~~'~_".'~_.'__.___.'''~~~......-------'-_~~~''.''~_''~ CATEGORY: BUDGET IMPACT: D CONSENT 0 ORDINANCE Amount Budgeted: $ D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $ ia' CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $ ~-,...,._.._"-~---~~..~,~~,.~ .._..,g~M,.,.."~.,,~___.__~..,...'.......r~.~'.'~._.,,..~~~,_~_~-~-...~_~.~"".~."~_...-~,,,~~__-_~~__-'.~'~'''''''"----~~~.. A TT ACHMENTS: Memorandum to the Land Use and Transportation Committee dated _March 6, 2006. _...,~~..__~~~.~~___"___.,~~~.___~'''''M~''~,.,.''_'_~~''____,~.~~~_~__._..~._~_..,.....~__~~.~ -_._---~.~,~,..,_.....,~.~..~~--~-_...~...._,... SUMMARYIBACKGROUND: Sound Transit has requested affected agencies comment on proposed projects for Phase 2 of Sound Transit's implementation of its Long Range Plan ("ST2") by March 23, 2006. Sound Transit hopes that this would help resolve both what projects should be included, but also their respective scopes, so that costs may be estimated more accurately. The only project still under consideration that directly impacts Federal Way is the extension oflight rail from Kent-Des Moines Road to Tacoma Dome. For the purposes of estimating costs, ST staff assumed that light rail tlrrough Federal Way would use an elevated. alignment primarily along SR 99. Policy questions include: . Does the City have a preferred alignment for light rail? . Where should stations be located? .: Should alignments be at-grade or elevated? If at-grade, should the alignment be placed in existing right-of-way at the expense of roadway capacity, or should additional right-of-way be acquired? . Can a package that generates enough revenue to extend light rail to Federal Way be supported by the voters? . Can a consensus be reached by South King County and Pierce County on a package of projects? ww~~~_.~ft____ .....~.~"..,.,__"._,~~~~~"M"'.~~_ft__~_~__~~~~,~____~_____________~,_.~__...............~....._____.~....._..... CITY COUNCa COMMITTEE RECOMMENDATION: At its March 6, 2006 meeting, the Land Use and Transportation Committee forwarded the following recommendations: 1. Staff should draft a letter to Sound Transit expressing the COlUlcil's strong support for extending light rail to Federal Way, from both SeaTac and Tacoma, seeking an at-grade alignment along SR 99 with an increase in the proposed number of stations to support redevelopment along the SR 99 corridor.- .~..__.~._~~____~~~~_'__'___."'_''''N_'~_.__.___'''''~~.~...__..__",~,~,,,_.~~__~~_~._~.~.~~".~...n.~'_..._~_..".,~.".,~~...~,,~~__._.~....~.,~_"'""',.."' PROPOSED MOTION: "I move to 'f3ittUOd Traosif' ~,_"........."....~.,__"ww......, CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED COUNCIL BILL # D DENIED 1 ST reading . TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ----- CITY OF FEDERAL WAY MEMORANDUM yYlM:l- if , ;.00 (., f?/wI- . DATE: feet 1111l)' 6th, 2006 TO: Land Use and Transportation commit~ VIA: Derek Matheson, Interim City Manage FROM: ~ry M. Roe, P.E., ,Public Works f?irecto~ RIck Perez, P.E., CIty Traffic Engmeer SUBJECT: Sound Transit Phase 2 POLICY QUESTION: Should the Council provide policy direction to staff to submit comments to Sound Transit on projects for Phase 2 of Sound Transit's Long Range Plan? BACKGROUND: Sound Transit has requested affected agencies comment on proposed projects for Phase 2 of Sound Transit's implementation of its Long Range Plan ("ST2") by March 23, 2006. Sound Transit hopes that this would help resolve both what projects should be included, but also their respective scopes, so that costs may be estimated more accurately. Although many consider it desirable that Sound Transit would provide a ballot measure jointly with the Regional Transportation Investment District (RTID), Sound Transit hopes to present a package of projects to voters in November 2006 with or without RTID. Projects Sound Transit began this process with a list of 85 potential projects and has now narrowed that list to 63. The following is a list of projects in and/or proposed to be funded at least in part by South King County: . A. Light Rail 1. Extension from SeaTac Airport to S 200th Street 2. Extension from S 200th Street to Kent-Des Moines Road 3. Extension from Kent-Des Moines Road to Tacoma Dome 4. Planning Study of New Routes (Burien to Renton) B. Express Bus 1. Industrial Way Direct Access Ramps 1-5 to 5th A venue S * 2. SR 167 at Smith Street Direct Access Ramps 3. New route from South Hill to SeaTac via SR 167 4. Transit Signal Priority on SR 516 in Kent 5. Transit Signal Priority to Sounder Tukwila Station 6. Extension of Route 565 from Federal Way to Tacoma in peak hours * 7. Parking Garage in Burien * C. Commuter Rail 1. Permanent Station in Tukwila 2. Parking Garage at Auburn Station 3. Expanded Service with Associated Track and Signal Improvements * These projects have already been proposed for deletion by the Sound Transit Board. The only project still under consideration that directly impacts Federal Way is the extension of light rail from Kent-Des Moines Road to Tacoma Dome. For the purposes of estimating costs, ST staff assumed that light rail through Federal Way would use an elevated alignment primarily along SR 99. This does not suggest that Sound Transit has selected a preferred alternative - in fact, it is this type of issue that generates Sound Transit's request . for comment from the City. To wit: Does the City have a preference for a light rail alignment through Federal Way? Also, should it be elevated or at-grade? These questions have significant implications for the City and Sound Transit, in terms of cost, ridership, and ability to accommodate and influence land use for decades. March 6, 2006 Land Use and Transportation Cormnittee Sound Transit Phase 2 Page 2 . Alignment of Light Rail through Federal Way There are two basic alternatives for alignment: SR 99 and 1-5. Variations on an 1-5 alignment may include segments where Military Road could be used, particularly between Star Lake Road and S 304lh Street, with a potential station at S 288111 Street, which would also encourage redevelopment at this commercial retail node. Sound Transit has in the proposed scope stations being located at Redondo Heights Park and Ride, Federal Way Transit Center, and South Federal Way Park and Ride. An SR 99 alignment would suggest more opportunities for additional stations and transit-oriented development. If entirely at grade, it may cost less to construct, but the more it becomes elevated to mitigate traffic impacts on SR 99, any cost-advantage would likely turn into a disadvantage. Because of the lower speeds and number of stations, ridership would consist of shorter trips. An 1-5 alignment would suggest a higher-speed facility with fewer opportunities for additional stations and transit-oriented development. It may cost slightly less to construct, and may also impact the ability ofWSDOT to widen 1-5 in the future or provide additional access points to 1-5. Because of the higher speeds, an 1.5 alignment would be more supportive of regional trip-making. Elevated vs. at-grade It should be noted that Sotmd Transit does not have a set policy on when grade separation is necessary - this would likely be negotiated with Sotmd Transit. As a starting point, staff would raise concerns about the traffic impacts of at-grade crossings of key intersections on SR 99 including: S 288m Street, Dash Point Road, S 31Zth Street, S 3 16th Street, S 320th Street, S 324m Street, S 336lh Street, S 348111 Street, and S 356lh Street. In addition to aesthetic issues, elevated trackage also allows the noise from trains to propagate further, thus potentially impacting more residences. On the other hand, at-grade alignments would require more right-of-way and fewer median breaks on SR 99. The median of SR 99 is 12-16 feet wide, whereas a double-track light rail alignment . would require 28-36 feet, thus impacting right-of-way on one or both sides ofSR 99. Alternatively, one or two lanes could be removed from SR 99, although this would have severe implications for meeting transportation concurrency standards. Funding Funding light rail extension is a significant issue in South King County. Among the various sub-areas, our transit usage is among the highest, but revenue generation is among the lowest. The sub-area allocation policies adopted by Sound Transit restrict our ability to fund light rail expansion significantly. The costs estimated by Sound Transit to extend light rail south from SeaTac are shown below: Extension from SeaTac to: Would cost (2005 dollars): S 200th Street $248 - 285 million Kent-Des Moines Road $666 - 766 million Redondo HeiR;hts Park and Ride $1,069-$1,229 million Federal Way Transit Center $1,589 - 1,827 million South Federal Way Park and Ride $1,992 - 2,290 million Fife $2,697 - $3,10 1 million Tacoma Dome $3,251 - $3,738 million Sound Transit staff is in the process of developing packages of projects that could be funded depending on the level of sales tax increase at 0.1 %, 0.3%, and 0.5%. Sound Transit estimates that these packages would generate, by the year 2020, $243 million, $600 million, and $957 million, respectively, not including farebox revenue, grants, or bonding. Under these optimistic assumptions and if all revenue went to light rail, there is adequate revenue only to reach Redondo Heights (S 272nd Street vicinity). Given the competing interests for Sound Transit projects in South King County, it is therefore unlikely that we will see light rail extended . southward to Federal Way in Phase 2. In addition, if Sound Transit goes to the ballot with a 0.5% sales tax increase, combining with RTID results in a $17 billion package seeking voter approval. This is a figure that many voters may not be able to support. March 6, 2006 Land Use and Transportation Committee Sound Transit Phase 2 Page 3 Sub-Area Context . Another issue related to funding is the degree to which consensus can be reached within the sub-area. Light-rail extension is clearly the most expensive capital project in South King County and primarily benefits cities along the 1-5 corridor. The second most expensive project is the proposed expansion of commuter rail service, which primarily benefits cities along the SR 167 corridor. It is reasonable to expect that support for these lines of service will follow jurisdictional boundaries. It should also be noted that Pierce County is struggling with the same issue, so true consensus will not only require cooperation in South King County but also with Pierce County representatives. However, Sound Transit staff has suggested that Pierce County representatives have a strong interest in pursuing the extension oflight rail from Tacoma to Federal Way, which may be more financially feasible than extension to Federal Way from SeaTac. Review of Sound Transit's adopted evaluation criteria show that light rail and commuter rail scores are identical except on cost. Deciding between the two reduces the issue to cost per rider. Based on data provided by Sound Transit, the capital cost per rider is approximately 30% higher for commuter rail, and the annual operating cost per rider is over 11 times higher. Note that this does not include the costs associated with parking at stations, whereas the planned extensions of light rail use existing park and ride lots. Also, it is unclear whether the costs estimated for additional commuter rail are realistic, given the expected increase in freight rail traffic. Essentially, railroads have nothing to gain by offering Sound Transit capacity, putting Sound Transit in a weak negotiating position, so costs could escalate significantly. Summary Policy questions include: . Does the City have a preferred alignment for light rail? . Where should stations be located? . Should alignments be at-grade or elevated? . . If at-grade, should the alignment be placed in existing right-of-way at the expense of roadway capacity, or should additional right-of-way be acquired? . Can a package that generates enough revenue to extend light rail to Federal Way be supported by the voters? . Can a consensus be reached by South King County and Pierce County on a package of projects? STAFF RECOMMENDATION: Staff recommends, in order to meet Sound Transit's comment deadline, forwarding the Committee's recommendation to the March 21, 2006, City Council Business Agenda for approval, with a draft letter outlining the recommendations of the Committee: Authorize staff to send a letter to Sound Transit outlining the Council's recommendations from the March 21, 2006, City Council Meeting. COMMITTEE RECOMMENDA nON: Forward the above staff recommendation to the March 21, 2006, City Council Business Agenda. . cc: Project file Day file . DJKAIFlrl March 22, 2006 John Ladenburg, Chair Sound Transit 40 I S Jackson Street Seattle, W A 98104 Subject: Comments on ST2 Dear Chair Ladenburg: Thank you for the opportunity to provide comment on the potential projects for ST2. The Federal Way City Council enthusiastically supports the extension oflight rail to Federal Way and strongly encourages efforts to connect the City with this line of service to regional destinations as part of ST2. Due to the high ridership anticipated with light rail extension and competitive costs per rider as compared to commuter rail, this should be the highest priority for the South King and Pierce County sub-areas. Clearly, it is early in the process to anticipate and address the detail issues surrounding such a'large, complex project. However, the City Council conceptually supports an at-grade alignment along the SR 99 corridor though Federal Way, although we recognize that there may be locations where grade separation . may be necessary. To complement the at-grade alignment., we anticipate more stations would be appropriate to encourage. the transit-supportive redevelopment along the SR 99 corridor. We expect that this combination will maximize the return on the investment. We acknowledge the funding constraints in South King County and understand that our counterparts in Pierce County have similar desires and constraints. To that end, we support light rail extension from either SeaTac or Tacoma to Federal Way, but preferably from both directions. If you have any questions, please don't hesitate to call me at (253) 835-2401. Sincerely, Michael Park, Mayor MP: RAP: mal cc: [Inside people] [Outside People] Project File Day File . K:\COUNOL\AGDBILLS\2006\03-21-06 Sound Transit Phase 2 oomment letter.doc MEETING DATE: March 21, 2006 ITEM# 3~ .._.."...._____.___.____"."..____.__...______~~.____..._..._..._______~.________.._."___.__._______~____._._.._.._.._...._....__..........___m___..______________.____.______________________...__.______. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Ordinance to Terminate AT&T Franchise _.~.~~~_~'n".....-------...~..~~~.._.__~,~..,.~___'_n~_.'~..ft""'~......... ~~~~.._.._-~,.~~- _~~,~..___~~.~.~.~.~_"_..~.~,~"._"__"w.._...,_,,~__~~,~.. CATEGORY: BUDGET IMP ACT: D CONSENT X ORDINANCE Amount Budgeted: $ D RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $ 0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $ -~~~~---~-,~...............~-~~-_.._~~_.~_._-' ,-,..~_._~...,-~_.._~~~,.~~....,---~~.~~~--~~------- A TT ACHMENTS: Memorandum to Finance, Human Services & Regional Affairs Committee, Proposed Ordinance to Terminate AT&T Franchise SUMMARYIBACKGROUNri;- The City- o{-PederaCWay enteredl~tc;-a- FrmchiseAgreement with AT&T Wireless Services in the form of Ordinance No. 03-437. AT&T Wireless Services and Cingular Wireless recently merged, and as a result of that merger, all of AT&T Wireless' existing wireless telecommunication facilities within the City are now owned and operated by Cingular Wireless. The City of Federal Way has 4tered into a Franchise Agreement with Cingular Wireless in the form of Ordinance No. 05-488, which applies all ofCingular Wireless' wireless telecommunication facilities, including those formerly operated bY AT&T ireless, located within the City's rights-of-way. Cingular Wireless, as the successor of AT&T Wireless, has requested the termination of AT&T Wireless' existing franchise agreement with the City. The proposed ordinance would terminate AT&T's franchise. ---_.~ . .~-_.^.._,._-""~"~._-~~--~.~--,~_._,..~~~"'~-~~_._~.~.~~._-----_._._-_...._-_.~~-----~---~.~._~,-'''~,~-, _ CITY COUNCIL COMMITTEE RECOMMENDATION: FOlWard to full City Council for first reading at the March 21, 2006 City Council meeting. --. --~- -~~_.~~- PROPOSED MOTION: "1 move the proposed Ordinance to second reading and approval at the next regular meeting on April 4, 2006." f}~~-------~ -~~~~... CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL # 0 DENIED 1 ST reading ~ TABLED/DEFERRED/NO ACTION Enactment reading - MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # K:\agenda item\council\2006\AT&T Franchise Termination CITY OF FEDERAL WAY MEMORANDUM . DATE: February 28,2006 TO: Finance, Economic Development and Regional Affairs Committee VIA: Derek Matheson, Interim City Manager~ FROM: Pat Richardson, City Attorney p~ SUBJECT: Proposed Ordinance to Terminate AT&T Franchise Policy Issue: Should the City Council pass the proposed ordinance to terminate AT&T's Franchise when all of the former AT&T facilities are now owned and operated by Cingular Wireless and are covered by Cingular's Franchise Agreement? Background: '. The City of Federal Way entered into a Franchise Agreement with AT&T Wireless Services . in the form of Ordinance No. 03-437. AT&T Wireless Services and Cingular Wireless recently merged, and as a result of that merger, all of AT&T Wireless' existing wireless telecommunication facilities within the City are now owned and operated by Cingular Wireless. The City of Federal Way has entered into a Franchise Agreement with Cingular Wireless in the form of Ordinance No. 05-488, which applies to all of Cingular Wireless' wireless telecommunication facilities, including those formerly operated by AT&T Wireless, located within the City's rights-of-way. Cingular Wireless, as the successor of AT&T Wireless, has requested the termination of AT&T Wireless' existing franchise agreement with the City. The proposed ordinance would terminate AT&T's franchise. Options: I. Recommend approval of the proposed ordinance to terminate the AT&T Franchise and forward to the full Council for first reading at the March 21, 2006, regular City Council meeting. 2. Recommend rejection of the proposed ordinance. 3. Recommend modification of the proposed ordinance and forward to the full Council for first reading at the March 21, 2006, regular City Council meeting. . 0-\ . Staff Recommendation: Approve the proposed ordinance and forward to the full council for approval at the March 21,2006, regular City Council meeting. (Option 1) Committee Recommendation: Forward option -L to the full City Council for placement on the March 21, 2006, City Council Agenda. APPROVAL OF COMMITTEE ACTION: " Absent - Excused Committee Member . . K:\agndaitem\FHSRAC\2006\A T &T Franchise Termination f'\- '""'. ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, TERMINATING AT&T'S FRANCHISE AGREEMENT (TERMINATING ORDINANCE NO. 03-437) _ WHEREAS, City of Federal Way entered into a Franchise Agreement with AT&T Wireless Services in the form of Ordinance No. 03-437; WHEREAS, AT&T Wireless Services and Cingular Wireless recently merged, and as a result of that merger, all of AT&T Wireless' existing wireless telecommunication facilities within the City are now owned and operated by Cingular Wireless; WHEREAS, during negotiations between the City and Cingular Wireless regarding a new Franchise Agreement, both the City and Cingular agreed that all of AT&T Wireless' . existing wireless communication facilities within the City's rights-of-way would be included under Cingular Wireless' new franchise agreement with the City; WHEREAS, the City of Federal Way has entered into a Franchise Agreement with Cingular Wireless in the form of Ordinance No. 05-488, which applies to all of Cingular Wireless' wireless telecommunication facilities, including those formerly operated by AT&T Wireless, located within the City's rights-of-way; and WHEREAS, Cingular Wireless, as the successor of AT&T Wireless, has req uested the tennination of AT&T Wireless' existing franchise agreement with the City; NOW, THEREFORE, THE CITY COUNCrr, OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: . ORD# , PAGE I . Section 1. Termination. The City Council hereby agrees to terminate the AT&T Wireless Services Franchise, Ordinance No. 03-437. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective date ofthis ordinance are hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY THIS - . DA Y OF , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY. CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON . ORD# , PAGE 2 FILED WITH THE CITY CLERK: . PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K;\Ordinance\20Q6\A T & T Franchise Termination . ORD# - , PAGE 3 .