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Council PKT 11-06-2007 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 6, 2007 -7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Police Chiefs Awards - Chiefs Citation, Life Saving Award and Meritorious Service Awards b. Certificates of Appointment for new Diversity Commission and Lodging Tax Advisory Committee Members c. City Manager Emerging Issues · Northshore Development in Tacoma . Update on Status of Adult Family Home Complaint . Process for Selecting Pro/Con Committees to Write Statements for the Voter's Pamphlet for the February 19,2008 Special Election. 4. PUBLIC COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address 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 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 of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the October 16, 2007 Special and Regular Meetings b. Enactment Ordinance: Prohibiting Minors' from Possessing Certain Graffiti Tools and Refining the Definition of Graffiti Tools c. Enactment Ordinance: Amending the Unfit Structures Code d. Enactment Ordinance: Amending Civil Service Provision of Chapter 2 e. Enactment Ordinance: Approving the Clearwire Franchise Agreement f. 2008 Asphalt Overlay Program Authorization to Bid g. 2005-2006 Citywide Pavement Marking Project Acceptance and Retainage Release. h. Lake Jeanne/Lake Lorene Outlet Improvements Project - 85% Design Status 1. S 348th Street at 1 st Avenue S Intersection Improvement Project - 85% Design Status 6. PUBLIC HEARING a. 2007-2008 Mid-Biennium Budget Adjustments · Staff Presentation . Public Comment - 3 Minute Limit 7 COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION a. Sale of Real Property pursuant to RCW 42.30.110(1)(c) b. Potential Litigation pursuant to RCW 42.30.110(1 )(i) 10. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** \ COUNCIL MEETING DATE: November 6, 2007 ITEM . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLlCY QUESTION: Should Council approve the draft minutes of the October 16, 2007 Regular and Special Meetings? COMMlTTEE: Not Applicable MEETING VA TE: Not Applicable CATEGORY: l8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~_~_~~~~2~!!!Y:__~~~_1R.f.'~c:~1~___________.____________.___ Attachments: Draft meeting minutes of the October 16,2007 Regular and Special meetings. _____________P_~!!:__~!!.~_'!!I'P~~:~~~~_____m Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. :. ........___.....__,.__._..,...___......_.__..._...._..._.__..._._.__..___._........___....__..__._._._.........._._._.....~...__.._.....__._.._.._.._.._._....._~__H._..._......_.._____.___....._...___.__H_...._..._..~_.H.....___.___.._...._....--~........._...-.-..---.--_..-._.......-~_._.....,..-.-_.~._- STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A N/A Committee Committee Council COMMlTTEE RECOMMENDATION: Not Applicable PROPOSED COUNClL MOTlON: "[ MOVE TO APPROVE THE MlNUTES OF THE OCTOBER 16, 2007 REGULAR COUNClL MEETlNG AND SPEClAL COUNClL MEETING AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # . 1 FEDERAL WAY CITY COUNCIL Council Chambers - City Hall October 16, 2007 Special Meeting with 5:20 PM MINUTES (www.cityoffederalway.com) ****** 1. CALL MEETING TO ORDER Mayor Park called the Special Meeting to order at 5:20 PM. Councilmembers Burbidge, Kochmar, Faison, McColgan and Deputy Mayor Ferrell present. Councilmember Dovey was excused. Council interviewed the following candidates for positions on the Diversity Commission and the Lodging Tax Advisory Committee. II. CANDIDATE INTERVIEWS 5 :20 - Carrie Wells - Lodging Tax Advisory Commission 5:40 - Lawrence Yapp - Diversity Commission 6:00 - Susan Honda - Diversity Commission 6: 10 - Jaye Zern - Diversity Commission 6:20 - Michael Vim - Lodging Tax Advisory Commission 6:30 - Michael Dunwiddie- reapplying for Lodging Tax Advisory Committee (current member - could not attend interview). III. DISCUSSION Appointments will be made at the Regular City Council Meeting under the Council Business Section immediately following at 7:00 PM. IV. ADJOURN Mayor Park adjourned the Special Meeting at 6:37 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: _ 2 . ;. . FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 16,2007 - 7:00 PM . MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:09 PM. Councilmembers Burbidge, Faison, Kochmar, McColgan, and Deputy Mayor Ferrell present. Councilmember Dovey was excused. 2. PLEDGE OF ALLEGIANCE - Led by Councilmember Kochmar. 3. PRESENTATIONS a. Swearing-in Ceremony for New Officers Police Chief Brian Wilson introduced the new officers. City Clerk Laura Hathaway performed the sweanng-m ceremony. b. City Manager Emerging Issues City Manager Beets stated an emerging issue for the November 6th meeting will be the Northshore Development in Tacoma. 4. PUBLIC COMMENT Suzanne Smith - Co-chair of the Diversity Commission - spoke in support of Consent Item 5n - 2007-2008 Diversity Commission Business Plan and asked Council to approve the plan. Deborah Little - Chair of the Diversity Commission - spoke in support of Consent Item 5n - 2007-2008 Diversity Commission Business Plan and asked Council to approve the plan. Norma Blanchard - stated the City does not need another big plaza development; also stated she feels the Community Center is not doing well financially. Eric Elgar - thanked the staff and City Council for their assistance in opposing Northshore Development project. He stated the project density is inconsistent with Federal Way's adjacent densities and asked that the City of Federal Way demand a fun environmental impact statement as this project has significant impact on Federal Way residents. Amy Linder - Director of the Geriatric Dental Group. Ms. Linder stated this clinic is a non-profit dental clinic which provides dental services to patrons 55 and older, or people with disabilities, at reduced rates. She also noted they also have a mobile dental clinic. Ms. Linder left informational pamphlets with the City Clerk. Donald Barovic - spoke in support of City Manager Neal Beets who he feels has been very accessible, attentive and considerate and feels staff morale is for the better since Mr. Beets came on board. Nancv Combs - feels there is a need for more police. 3 City Council Regular Meeting Minutes October 16, 2007 Page 20f7 Michael Davis - concerned about the Northshore Deve~opment project in Tacoma and its impacts to the City of Federal Way. He looks forward to the staff report on November 6,2007. . Margaret Nelson - invited the public to a meeting at the King County Regional Library on October 29,2007 to discuss library expansion. Parts of the expansion are welcome while others are not as they have significant impact to residents. Sandra McDonald - thanked the City Council for adding the Northshore Development Proposal to the November 6, 2007 City Council Meeting Agenda. She is a Tacoma resident who opposes this project and stated Federal Way should not take the brunt ofthe infrastructure impacts from another entity's project. Lorina Delfierro - stated she wishes to open a second Adult Family Home but the City is not allowing her to do so because the City Code does not allow it. James Dannon - Washington State Adult Family Homes - stated their agency was contacted by the previous speaker for assistance with her issue with the City of Federal Way. He stated city code violates state law and federal law and asked the City to revisit the issue to allow Ms. Delfierro to open her second adult family home. Bill Day - Adult Family Home Association of Washington - spoke in support of Ms. Delfierro and stated the City's provisions are more stringent than state law. He left copies of his legal opinion with the City Clerk and asked that the Council amend FWCC section 22-1068 to allow more than one adult family home. Deputy Mayor Ferrell asked the City Manager to review the issue on adult family homes and bring back an . update to the City Council on November 6, 2007. 5. CONSENT AGENDA a. Minutes: Approval of the October 2,2007 Regular Meeting - Approved b. Monthly Financial Report - August 2007 - Approved c. Vouchers - Approved d. Enactment Ordinance: Adopting the 2006 International Building Code - Approved - Ordinance 07-563 e. Enactment Ordinance: Adding a New Section - Chapter I, Article III to the Federal Way City Code Authorizing Enforcement of Code Provisions through Civil Infractions - Approved - Ordinance 07-564 Approval ofCingular Wireless Site Lease Renewal at Saghalie Park - Approved Approval of Cingular Wireless Site Lease Renewal at Sacajawea - Approved Approval of Maintenance and Labor Agreement for Emergency Equipment Installation and Repair Systems for Public Safety - Approved Authorization to Advertise for Bids for Remote Lighting Control System for Sports Fields - Approved Resolution: Approval of Abby's Lane Preliminary Plat - Approved - Resolution 07-504 Resolution: 2008-2009 Solid Waste and Recycling Grant Approval - Approved - Resolution 07-505 Regional Solid Waste/Recycling Planning Update - Approved Using Excess REET Revenue to Retire the 1997 General Obligation Bonds on December 31, 4 . f. g. h. 1. J. k. L m. . :.'--. '~ -. City Council Regular Meeting Minutes October 16, 2007 Page 3 of7 2007 - Approved n. 2007-2008 Diversity Commission Business Plan -Approved MOTION: Deputy Mayor Ferrell moved approval of Consent Items a-no Councilmember McColgan second. The motion carried 6-0. 6. PUBLIC HEARING a. Sound Transit (A Regional Transit Authority) and RTID (A Regional Transportation Investment District) - Proposition 1 - Regional Roads and Transit System . Presentations . Public Comment - 3 Minute Limit . Action (if any) Mayor Park opened the Public Hearing at 7:53 PM and read hearing process into the record. Mayor Park asked for a staff report. City Manager Beets introduced Jim Waldo of the Regional Transportation District and Andrew Schmidt of Sound Transit who presented the proposals that, if approved by voters on November 6, 2007, would improve infrastructure by fixing major choke points, including the triangle project in the City of Federal Way. If passed on November 6, 2007, this measure will also approve a 19-mile light rail extension from SeaTac Airport to the City of Tacoma, with three stations proposed for the City of Federal Way. They explained that this is a 20-year investment plan and cost estimates are projected to be $10.8 billion for the transit side and $17 billion for the roads side. Mr. Waldo stated the cost breakdown is approximately .06 for every $10.00 purchase; .80 for every $10,000 in assessed value of a vehicle and the median household impact would be approximately $150.00 per year. Public Comment: Bob Hitchcock - Federal Way Chamber of Commerce - stated the Chamber has endorsed this ballot measure and asked the City Council to do the same. Mr. Hitchcock stated that although the costs are high, they are only going to go up and we, as a region, need to act now to ensure the economic vitality of the region. Scott Hogue - spoke in opposition ofthe ballot measure; is worried the costs will escalate past what the voters' are being told. The figures he's read are more along the lines of$270 billion; per house-hold approximately $1,800 and car tabs will triple. He is also concerned that light rail being expansion down Highway 99 will affect his business. Emery Bundy - spoke in opposition Proposition 1; feels figures have been backdated and the projects will not be done on time or within budget. The cost is great and the benefit is small. Council Discussion: Councilmember Kochmar stressed that no matter how the City Council votes on this issue, each voter needs to weigh costlbenefitfor themselves. She also feels that ST/RTID projection costs are too low and the citizens need to understand that this is a costly endeavor. However this is a regional issue that will benefit the entire region and with Federal Way projects being included in the proposal and she feels it is needed. 5 City Council Regular Meeting Minutes October 16,2007 Page 4 of7 Both Councilmembers Kochmar and Burbidge stressed that should this package pass, discussions will need to . be held to talk about the light rail alignment, its proposed route, as well as if it is an elevated structure or at- grade and how this will affect area businesses. Council member Burbidge asked about the capacity on the proposed light rail - Mr. Schmid stated it is projected to carry 12,000 people per hour. Deputy Mayor Ferrell asked about the estimated time for a trip from Federal Way to downtown Seattle. Mr. Schmid responded the trip is estimated to take 50 minutes due to stops. He also explained the difference between commuter rail and light rail. Commuter Rail is just that - rail that operates to move commuters at peak hours in the mornings and afternoon. Light rail will run continuously. Councilmember Kochmar asked Mr. Waldo questions regarding the roads portion of the proposal, in particular the Triangle Project. Mr. Waldo stated the roads package includes $89 million for the Triangle Project (year of actual expenditure is $120 million which includes inflation and reserves); any project that exceeds a 20% cost overrun must go back to the voters for approval. The construction period is 20 years then the bonds will be paid off and the project w~ll be done. Councilmember Kochmar asked if the ballot measure does not pass what is the impact. Mr. Waldo stated that as far as roads go, RTID will cease to exist and therefore there is no plan to speak of. Mayor Park asked if the proposed costs of the measure are projected in 2006 dollars. Mr. Waldo stated the $17 billion road costs are projected in 2006 dollars, but factor in construction inflation costs for the next 20 years. Mayor Park stated he also feels the costs projected are too low. Mr. Hogue (citizen comment) was asked to come forward again to explain his cost projections which he stated earlier under public comment. He explained that his $1,800 figure goes to 2057 (each year it rises and in twenty years each household would be paying $1,800). The figures are from reports he's read. . Mr. Waldo stated ST/RTID projection figures are accurate and reasonable and each year of delay is another $200-300 billion to get the same value at today's costs. Deputy Mayor Ferrell thanked the representatives from ST and RTID as well as the public for their comments. He stated that the number one issue facing this region is transportation; it is an expensive but necessary investment. Government needs to invest in infrastructure. Councilmember Burbidge is impressed that the Chamber has endorsed this measure and stated that voters and government entities need to look to the future of this region. Councilmember Faison stated that he supports this proposition and questioned if we don't do something now when we will do it. This proposition is beneficial to both the City of Federal Way as well as the region as a whole. MOTION: Councilmember Burbidge moved approval of a Resolution, (No. 07-506), endorsing the Proposition 1 - Regional Roads and Transit System on the November 6, 2007 Ballot. Deputy Mayor Ferrell second. Councilmember Kochmar hoped that the information provided was presented clearly and will help voter's make an informed decision on the issue. . The motion carried 6-0. 6 . . .. City Council Regular Meeting Minutes October 16, 2007 Page 5 of 7 Mayor Park closed the hearing at 8:57 PM. 7. INTRODUCTION ORDINANCES a. Ordinance Prohibiting Minors' from Possessing Certain Graffiti Tools and Refining the Definition of Graffiti Tools AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT PROSSESSION OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE FEDERAL WAY CITY CODE TO REFINE THE DEFINITION OF GRAFFITI TOOLS (AMENDING ORDINANCE NO.S 94-208 AND 07- 551). The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Kochmar moved to second reading/enactment on November 6,2007. Councilmember McColgan second. The motion carried 6-0. Ordinance Amending the Unfit Structures Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS WHICH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES. The ordinance title was read into the record by City CLerk Hathaway. MOTION: Councilmember Kochmar moved to second reading/enactment on November 6,2007. Councilmemher Faison second. The motion carried 6-0. b. c. Ordinance Amending Civil Service Provision of Chapter 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE APPLICABLITY AND STRUCTURE OF THECML SERVICE PROVISIONS OF CHAPTER 2, ARTICLE III, SECTION 2.47 OF THE FEDERAL WAY CITY CODE (AMENDING ORDINANCE NOS. 95-244, 96-258 AND 98-308). The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Burbidge moved to second reading/enactment on November 6,2007. CounciLmemher Faison second. The motion carried 6-0. 7 City Council Regular Meeting Minutes October 16, 2007 Page 6 of 7 d. . Ordinance - Clearwire Franchise Agreement AN ORDfNANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHfNGTON, GRANTfNG CLEAR WIRE US LLC, A NEVADA LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-Of-WAY OF THE CITY OF FEDERAL WAY, W AS HfNGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF fNST ALLA TION, OPERATION, MAfNTENANCE, AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS fN A PORTION Of THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITYOf FEDERAL WAY. The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Faison moved to second reading/enactment on November 6, 2007. Councilmember Kochmar second. The motion carried 6-0. 8. COUNCIL BUSINESS a. Commission Appointments - Lodging Tax Advisory Committee MOTION: Mayor Park moved to appoint Mike Dunwiddie, Carrie Wells and Mike Yim to the Lodging Tax Advisory Committee. Councilmember Kochmar second. The motion carried 6-0. b. Commission Appointments - Diversity Commission MOTION: Councilmember Burbidge moved to appoint Lawrence Yapp and Jaye Zern as regular members and Susan Honda as an Alternate to the Diversity Commission. Councilmember Kochmar second. The motion carried 6-0. . c. Proposed Settlement of Ginger Peterson v. City of Federal Way MOTION: Councilmember Kochmar moved approval ofthe proposed settlement agreement. Councilmember Faison second. The motion carried 6-0. d. Resolution - Setting the Date for a Special Election Regarding the Change of Government- City Attorney Pat Richard made a brief presentation regarding the background of this resolution. A citizen petition calling for the change of government was certified by the County on September 28, 2007 and the City has 180 days to set the date for the special election. Council may choose either February 19, 2008 or March 11, 2008. Staff recommends February 19, 2008. Ms. Richardson also outlined the differences of the forms of government and reviewed the steps the City Council must take prior to whichever election date they select; steps include establishing the date, drafting the ballot title, authorizing participation in the voter's pamphlet and appointing the pro/con committees to write statements in the voter's pamphlet. MOTION: Councilmember McColgan moved to approve February 19,2008 as the date for the Special Election. Deputy Mayor Ferrell second. The motion carried 6-0; Resolution No. 07-507. . 8 . :. . City Council Regular Meeting Minutes October 16, 2007 Page 7 of7 e. Resolution - Setting the Date to Appoint the Pro/Con Committees for the Voters Pamphlet MOTION: Councilmember McColgan moved November 20, 2007 as the date to appoint the Pro/Con Committees for the February 19, 2008 Special Election Voters Pamphlet. Deputy Mayor Ferrell second. The motion carried 6-0; Resolution No. 07-508. 9. COUNCIL REPORTS Councilmember Burbidge reported the next ParksIRecreation/Human ServicesIPublic Safety Committee meeting is scheduled for November 13, 2007. She also thanked those who donated to the Mayor's Day of Concern for the Hungry at area grocery stores which collected 6,460 pounds of food and $814 dollars for area food banks and updated the City Council and public on upcoming community events. Councilmember Kochmar also thanked those who participated in the Mayor's Day ofConcem for the Hungry. She reported on a meeting of the Steering Committee for the Northshore Development proposal in Tacoma that she attended and ensured affected citizens that she hears their plight; she asked staff to issue a press release regarding the upcoming Land Use Transportation Committee on December 3, 2007 which will include a discussion on airport noise. Mayor Park thanked those applicants who applied to the Diversity Commission and Lodging Tax Advisory Committee and all people who volunteer their time to benefit the City; he also mentioned that on October 19, 2007 there will be a meeting in Council Chambers regarding manufactured housing. 10. CITY MANAGER REPORT City Manager Beets stated that on October 23 there will be a public meeting at the Knutzen Family Theatre regarding the Arts Feasibility Study and stated that the executive session scheduled to follow is expected to last approximately one hour with no action. 11. EXECUTIVE SESSION MOTION: Deputy Mayor Ferrell moved to suspend the rules to allow the meeting to go past 10:00 PM. Councilmember Kochmar second. The motion carried 6-0. a. Sale or Lease of Property pursuant to RCW 42.30.110(I)(c) b. Evaluation of Public Employee pursuant to R~W 42.30.110(1 )(g) c. Potential Litigation pursuant to RCW 42.30.110(1)(i) Council convened to Executive Session at 9:3l PM. 12. ADJOURNMENT Mayor Park adjourned the meeting at 10:04 PM. ATTEST: Laura Hathaway, City Clerk Approved by Council on: 9 COUNCIL MEETING DATE: November 6, 2007 rI'I!:~~_:~~~J) . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance to Prohibit Minors' Possession of Certain Graffiti Tools and Refine the Definition of Graffiti Tools POLICY QUESTION: SHOULD THE ClTY COUNClL APPROVE THE PROPOSED ORDlNANCE TO PROHlBlT MlNORS' POSSESSlON OF CERTAlN GRAFFlTl TOOLS AND REFlNE THE DEFlNlTlON OF GRAFFlTl TOOLS? COMMlTTEE: P ARl(S RECREA TlON & PUBLlC SAFETY MEETlNG DATE: 10/9/2007 CATEGORY: o Consent o City Council Business [8J Ordinance o Resolution o o Public Hearing Other ST AFF REPORT By: JENNlFER SNELL _"'_"_'~'_"""""_'_"'.__.__.m...._mm"__""""'_""._..._......_ ...._.._...__._..._~._m.._._._..__.._m_..._.._. Staff Report Attached Options Considered: DEPT: Law '. 1. Recommend approval of the proposed Ordinance to establish the crime of minors in possession of graffiti tools and to refine the definition of graffiti tools, including defining broad-tipped marker as four millimeters or larger, and move for consideration by full Council at the November 6, 2007 meeting. .........______.____m_____m__._.__ m......---__m_______?:______.__~t?j~~t_~~.~_.P.r.~l?.s>!>t?<!..Q~~i~_~_~~~:._m_m.___ ...mm._m._..__._.___ .......... .._.._.....___..___.__.._ ...._... STAFF RECOMMENDATlON: Approval of the proposed Ordinance and forward to full Council for the first reading at the November 6, 2007 meeting. . ClTY MANAGER ApPROVAL: ~ \~~L~v' DlRECTOR ApPROVAL: COMMlTTEE RECOMMENDATlON: Option P AJ/I , tTr" f r/-fL Committee Council OPOSED COUNClL MOTlON: "[ move approval of Option (BELOW TO BE COMPLETED BY aTY CLERKS OFFiCE) COUNCIL ACTION: o APPROVED o DENIED o TA8LED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # /Ol/ld/b7 I . 10 ~ CITY OF' ...7 Federal Way . CITY ATTORNEY'S OFFICE MEMORANDUM DATE: OCTOBER 9,2007 TO: P ARKS, RECREATION, HUMAN SERVICES & PUBUC SAFETY COMMITTEE FROM: JENNIFER SNELL, CITY ST AFF ATTORNEY SUBJECT: PROPOSED ORDINANCE TO PROHlBlT MINORS' POSSESSSION OF CERTAIN GRAFFlTI TOOLS AND REFINE THE DEFINITlON OF GRAFFITI TOOLS. This matter came before the Committee on September 11, 2007, at which time the proposed Ordinance was drafted to prohibit minors from possessing broad-tipped marker pens and aerosol spray paint under any circumstances, unless accompanied by a responsible adult. The Committee recommended tabling the matter until the next meeting for staff to modify the proposed Ordinance so that minors would not be absolutely prohibited from possessing broad-tipped markers. The existing Federal Way City Code makes it a crime for any person, regardless of the person's age, to possess a marker pen "under circumstances demonstrating intent to commit graffiti" which was the Committee's direction regarding minors. . The proposed Ordinance would amend the term "marker pen" to "broad-tipped marker pen" and further define the term "broad-tipped marker pen" to include the diameter of the marker and indelible nature as part of the definition. Additionally, the proposed Ordinance would prohibit minors from possessing aerosol spray paint unless accompanied by a responsible adult or with the permission of the owner of the property upon which the minor is discovered to be in possession of aerosol spray paint. The cities of Tacoma and Yakima have similar ordinances that make it a crime for minors to be in possession of graffiti implements regardless of intent. The Tacoma ordinance defines a broad-tipped marker to be four millimeters or larger in diameter. The Yakima ordinance defines a broad-tipped marker to be one-quarter of an inch or larger in diameter. A substantial amount of graffiti in the City is perpetrated by persons under the age of eighteen. Prohibiting minors from possessing items most commonly used for graffiti would significantly impede access to those items and likely reduce graffiti. Refining the definition of graffiti tools to clarify certain definitions should aid in the prosecution of these crimes and put the public on notice of what items are restricted. Any changes to the proposed Ordinance since the September 11, 2007 meeting indicated by double- underline. . K:\Agcnda [rcm\PRPS\2007\Graffiri Minors Memo to PIU-[SPS lO0907.doc 11 . ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OFTHE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT POSSESSION OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE FEDERALW AY CITY CODE TO REFINE THE DEFINITION OF GRAFFITI TOOLS. (Amending Ordinance Nos. 94-208 and 07-551) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part ofthe Federal Way City Code; and WHEREAS, the provisions of the Federal Way City Code include identification of certain . criminal violations in its criminal code designed to provide for public safety within the City and to meet specific needs ofthe City; and WHEREAS, the City has defined "graffiti tools" to include pressurized canisters, paint sticks, or broad-tipped marker pens; and WHEREAS, refining the definition of certain graffiti tools would assist in the prosecution of the crime; and WHEREAS, the City has made it a crime to possess graffiti tools with the intent to commit graffiti; and WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of Federal Way; and . ORD# ,PAGE I 12 WHEREAS, a substantial portion of graffiti is perpetrated by individuals under the age of eighteen; and WHEREAS, a majority of graffiti crimes are committed using aerosol paint cans; and WHEREAS, prohibiting minors from possession of items most prevalently used as graffiti may reduce a substantial portion of graffiti and facilitate police enforcement, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article IX, Section 2-215 of the Federal Way City Code shall be amended to read as follows: 6-215 Graffiti. (a) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, ef possession of graffiti tools. or minor in Dossession of lITaffiti tools. (b) Graffiti Defined. A person is guilty of the offense of "graffiti" ifhe or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (c) Aggravated Graffiti Defined. A person is guilty of the offense of"aggravated graffiti" ifhe or she has been previously convicted of "graffiti", or malicious mischief in the third degree, or a similar offense, and commits the offense of "graffiti". (d) Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of graffiti tools" ifhe or she possesses a pressurized paint container defined under FWCC 10-52, indelible broad;!IDoed marker pen as defined under FWCC 10-52, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti. ORD# ,PAGE2 13 . . . ..-- .<,.^ . . (e) Minor in Possession of Graffiti Tools Defined. A oerson is lluiltv of the offense of "minor in oossession of llraffiti tools" if he or she is under the aile of eillhteen (18) vears. not accomoanied bv a resoonsible adult. and oossesses a oressurized Daint container in a Dubhe olace or on Drivate orooertv without the consent of the owner. lessee. or other oerson entitled to lellal Dossession thereof. -IHs unla\\'ful for any individual under the age of eighteen (18) years, '""ho is not accompanied bya responsible adult, to possess a pressurized paint container or broad tip marker as defined under FWCC 10 52 in or upon a public place or private property, without the consent of the Q',','ner, lessee, or other person entitled to legal possession thereof. (e) ill Penalties. Unless otherwise provided, aAny person violating the provisions ofthis section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of$50.00 per day of jail actually imposed; and in addition to this penalty, such person may in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of "graffiti," any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to any financial penalties under this section, any person found guilty of "aggravated graffiti" shall be punished by imprisonment of not less than five (5) days upon the first such conviction; imprisonment of not less than ten (10) days upon the second such conviction; and imprisonment of not less than thirty (30) days upon the third or subsequent convictions. SECTION 2. Chapter 10, Article m, Section 10-52 of the Federal Way City Code shall be amended to read as follows: 10-52 Definitions. (a) "Abate" means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the City Code. (b) "Defacement" means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any type that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property. ORD# , PAGE 3 14 (c) "Enforcement officer" or "enforcement official" means any City code enforcement officer or other City officials designated by ordinance or by the City Manager for purposes of enforcing the provisions of this Article or provisions of other sections of the City Code or other laws of the City. (d) "Graffiti" means any defacement of property. (e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof. (0 "Marker Pen" means a broad;tipoed indelible marker with a tip exceeding four millimeters at its diameter. (g) "Pressurized Paint Container" means any can, bottle, spray device, or other mechanism designed to propel liquid which contains ink, oaint, dye, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property. Ef)(hl "Property" means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the City. will "Responsible Party" means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a specific objection is made by a non-consenting responsible party. (h) "Unauthorized" means without the prior express permission or consent of a responsible party. SECTION 3. Severability. The provisions 0 f this ordinance are declared separate and severable. The invalidity 0 f any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the 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 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. ORD# ,PAGE4 15 . . . . SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY MA YOR, MICHAEL PARK A TrEST: CITY CLERK, LAURA HA THAW A Y, CMC . APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordinance\2007\graffiti minors 100907 _doc . ORD # , PAGE 5 16 . COUNCIL MEETING DATE: OctQber: 16, 2007'..--- .,.. J / _....__.........._._......__._.._.__.__.___..._...______..__.______.___.._..._._..._.._...._.._..__..........__...___!__._.__'::::::..:::____._~~.-'-__-__._._.-.-_-.......:.._._..-.....-.-....m........".. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: ~ I"' , .... .....- ._.__.._._......=._...~...;:::::::.:.=_...- SUBJECT: UNFIT STRUCTURES CODE AMENDMENT POLICY QUESTION: Should the Federal Way City Code (FWCC) be amended to implement the process and to acquire the powers authorized by RCW 35.80 to address conditions which render dwellings, buildings, structures, and other premises unfit for human habitation and other uses? COMMlTTEE: Land Userrransportation Connnittee MEETING DATE: October 1, 2007 CATEGORY: o Consent o City Council Business C8J Ordinance o Resolution o o Public Hearing Other ~_TAFF REpORT B~: City ~taffAttorney Mon~~~~~ck__________._~EP.:: La~____________.__._._________________ Currently, the city uses the International Property Maintenance Code to deal with structures that are derelict, deserted, or generally unfit for habitation. The proposed ordinance adopts the process for eliminating unfit structures outlined in RCW 35.80. The ordinance was presented to the LUTC on September 17, 2007. The LUTC had questions regarding the process of collecting abatement costs and tabled the proposed ordinance to the next LUTC (October 1,2007) to give staff time to respond to the LUTC's questions and concerns. The City has abated dangerous buildings on two occasions and attached the cost of abatement as a tax ~ssessment/lien. In 1999, the !.._ ity abated a mobile home for $10,281, and in 2001, the City abated a single dwelling unit for $19,621.05. The City Council l firmed the cost of abatement by resolution and the City forwarded it to the County for collection. In both cases, the City overed its costs in full. Staffhas made a few minor modifications to the ordinance for internal consistency. --.-....-.,......--.---------.----.---.----.-.--.----------_._---_.-._-._---_._-------_.._._---.---_.._.._-_....~--.-------....---------...--....----..--..--..--..----.-.-_.-----".- Attachments: I) Staff Memo on Unfit Structures Code Amendment; 2) Table on Collection of Abatement Costs; and 3) Proposed Ordinance. ._.._._________________.___~__.__.___.___._______._._.__._...______..._._.._..___._.__._____._....___....._._..._._.___.m_________.___.____~__.______..__..._..___~_....__.__.__.....__...__...._.__...___.____ Options Considered: 1) Adopt the proposed ordinance as presented by staff with the tax assessment abatement method, per RCW 35.80; 2) Adopt the proposed ordinance with modifications; 3) Do not adopt the proposed ordinance. .........--------..-....---.-..------------.---.-------.-......--_._-.._._.__._._~---_..__.__._-_._-_._.__._._-_.._--..._._--_._-_..._._--~--_._-_._.__._--_.._.~.._---_....-_._-~---_.._----- STAFF RECOMMENDATlON: Staff recommends approval of Option #1; adopt the proposed ordinance as presented by staff with the tax assessment abatement method, !Jer CW 35.80. CiTY MANAGER ApPROVAL: \~c~ DIRECTOR ApPROVAL: C#f( f4tC Committee Council COMMITTEE RECOMMENDA nON: Approve Optio and forward the ordinance for first reading to the full Council on /' October 16, 2007. /' It--- i' ____ Jack Dovey Chair PROPOSED COUNCIL MOTION: "1 move approval of the LUTe's recommendation to adopt the ordinance with amendments to the FWCC. " eNClL ACfION: APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 IIDOCUMENT\2007 Building Code ChangelUnfil Structures 2nd Agenda Bill doc (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL /I I ST reading Enactment reading ORDINANCE /I 1 7 RESOLUTION II Io//~IIJ( ~ CITY OF ~ Federal Way Department of Community Development Services 33325 8th Avenue South PO Box 9718 Federal Way. WA 98063-9718 253-835-2601 - Fax: 253-835-~609 www.citvoffederalwav_&orn . MEMORANDUM DATE: September 5, 2007 TO: Jack Dovey, Chair Land Useffransportation Committee FROM: R. Lee Bailey, Building Official VIA: Neel Beets, City Manager MEETING DATE: September 10,2007 SUBJECT: Unfit Structures Code Amendment BACKGROUND Currently the city uses the International Property Maintenance Code to deal with structures that are derelict, deserted, or generally unfit for habitation. This is ~ costly, long drawn out process sometimes taking years to resolve. Adoption of this ordinance will result in the city being able to use the process for eliminating unfit structures outlined in RCW 35.80. This process will not only save the city time and money, it designates the city's expenses as tax liens, which are recoverable in three years and do not require a warrant of abatement. . SUMMARY OF CHANGES TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 1 The proposed addition to the FWCC Chapter 1 will adopt a process to deal with unfit structures in the City of Federal Way. The ordinance describes the process from initial complaint through final resolution. It contains definitions of unfit structures, identifies the city's "improvement officer" and "appeals commission," outlines the enforcement and appeal processes, and sets deadlines. Proposed additions are shown as underline. I\DOCUMENTl2007 Building Code ChangelUnfil Slructures M<moduc . 18 Collection of Abatement Costs . At the September I ih Land Use and Transportation Council Committee meeting, several questions arose regarding the process of collecting abatement costs under the proposed Unfit Buildings Ordinance. The City has two options for collecting these coasts. The table below is intended to compare these two options. . Tax Assessment/Lien (RCW 35.80) Judgment Lien (RCW 4.56) Procedure Procedure . City certifies the amount to the County . City files required pleadings in Superior Treasurer. Court. Filing fee = $200 . County Treasurer enters the amount on . Appear in court to obtain an order the tax rolls against the property for the granting judgment. current year. . Judgment remains in effect for 10 years . At this point, the County is responsible for (but can be renewed). collecting the assessment. . If the assessment becomes delinquent by 3 years, the County may foreclose. . The property owner may pay the delinquency up until the day before the sale. General Information General Information . Fairly simple process and does not require . Attaches to the property of the judgment a court order. debtor. . Attaches to the real property regardless of . If the judgment debtor transfers the ownership - therefore, a property owner property, the property remains subject to cannot simply transfer title to another the lien, but the lien may not be satisfied person to dispose of an asset and avoid simply by transfer (i.e. quit claim deed). payment. . Usually satisfied from the sale proceeds . Tax liens have priority over all other when the property is sold. debts, including judgments . I:\DOCUMENT\2007 Building Code Change\Table - Collection Methods.doc 19 ORDINANCE NO. 07- . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMDENDING CHAPTER 1, ARTICLE III, OF THE FEDERAL WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS WHICH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES. WHEREAS, there exist within the City of Federal Way dwellings that are unfit for human habitation and buildings, structures, and premises or portions thereof, which are unfit for other uses, due to conditions of dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or other conditions harmful to the health and welfare ofthe residents ofthe Federal Way; and WHEREAS, the City of Federal Way recognizes the detrimental effects on public health, safety, and welfare . stemming from unfit dwellings, buildings, structures, and premises at various locations throughout the City; and WHEREAS, Chapter 35.80 RCW authorizes cities to adopt ordinances that enable cities to address such conditions fairly, effectively, and with reasonable assurance that costs incurred by the City to abate such conditions will be recovered. NOW, THEREFORE, THE CITI COUNCIL OF THE ClTI OF FEDERAL WAY , WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New sections are added to Chapter 1, Article III, "Civil Enforcement of the Code," of the Federal Way City Code to read as follows: 1 20 Additional enforcement mechanism. In addition to, and in combination '.'lith, the enforoement methods set forth in FWCC Chapter 1 :\.rticle III and elsewhere in the Fcd-cral Way City Cod-c, violations ofthe Federal Way City Code maybe enforced under . the provisions set forth in FWCC 1 26 through 1 10. ORD #07- , Page 1 20 . (. -. 1-286 RCW Chapter 35.80, adapted Additional enforcement mechanism. RCW Chapter 35.80. "Unfit Dwellings. Buildings. and Structures." as it currently exists or is hereinafter amended. is hereby adopted. 1-27 Findines. It is found that there exist in the City of Federal Way. dwellings. and other buildings. structures. and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation. disrepair. structural defects. defects increasing the hazards of fire. accidents. or other calamities. inadequate drainage. overcrowding. or due to other conditions which are detrimental to the health and welfare ofthe residents of the City. Dangerous or unfll bijuildings or structures unfit for human habitation as defined by FWCC 1 ~~ declared to be public nuisances. 1-298. Improvement officer and appeals commission desienated. (a) The City of Federal Way Hearing Examiner is designated as the City's "Improvement Officer:' and shall have the full scope of authority granted to that official under Chapter 35.80 RCW. except that the City Building Official. or his or her designee. shall provide all administrative functions such as the inspection of buildings. or portions thereof. for the purpose of determining whether any conditions exist which render such buildings dangerous or unfit for human habitation pursuant tp FWCC 1-3022.. (b) The City of Federal Way City Manager. or his or her designee. is designated as the City's "Appeals Commission." and shall have the full scope of authority granted so that commission under Chapter 35.80 RCW. 1~2.2 Dall2crous or unfit buildinfs or struetures Buildinl! or structure unfit for human habitation or use defined. A.Bbuildings or structures which Rave has any or all of the following defects shall be deemed a "dangerous or unfit buildings or structures unfit for human habitation or use": (a) Those whose interior walls or other vertical structural members list. lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base; ORD #07- , Page 2 21 (b) Those which, exclusive of the foundation, show 33 percent, or more, of damage or deterioration of the sUl'porting member or members, or 50 percent of damage or deterioration ofthe non-supporting enclosing or outside walls or covering; (c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient stren~h to be reasonably safe for the purpose used; (d) Those which have become damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occul'ants or the peol'le of the City of Federal Way; . (el Those which have become or are so dilapidated or decayed or unsafe or unsanitary, or which so utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work iniury to the health, morals, safety, or general welfare of those living therein; (f) Those having light, air. and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein; (g) Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of c~mmunication; (h) Those which have parts thereof which are so attached that they may fall and injure members of the l'ublic or l'roperty; (i) Those which because oftheir condition are unsafe or unsanitary, or dangerous to the health, morals, safety, or general welfare of the people of this city; (D Those which have any exterior cantilever wall, or parapet, or appendage attached to or supported by an exterior wall of the building located adiacent to a public way, or to a way set apart for exit from a building or passage of pedestrians, if such cantilever, parapet, or appendage is not so constructed, anchored, or braced as to remain wholly in its original position in event of an earthquake capable of producing a lateral force equal to gravity; . . ORD #07- , Page 3 22 . . ,. (k) Those which in whole or in part are erected, altered. remodeled. or occupied contrary to the ordinances adopted by the city: (l) Those which have any exterior wall located adiacent to a public way. or to a way set apart for exit from a building or passage of pedestrians. if such wall is not so constructed. anchored. or braced as to remain wholly in its original position in event of an earthquake capable of producing a lateral force equal of 0.2 of gravity. 1-3-1-0 Standards for repair. vacation. or demolition. The following standards shall be followed in substance by the Improvement Officer and the Aopeals Commission in ordering repair. vacation. or demolition of buildings or structures: (a) If the "dangerous or unfit building or structure unfit for human habitation or use" can reasonably be repaired so that it will no longer exist in violation of the terms of this Chapter. it shall be ordered repaired by the Improvement Officer or by the Appeals Commission. on appeal. (b) If the "dangerous or unfit building or structure unfit for human habitation or use" is 50 percent damaged. decayed. or deteriorated in value it shall be demolished. Value as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. (c) If the "dangerous or unfit building or structure unfit for human habitation or use" cannot be repaired so that it will no longer exist in violation of the terms of this Chapter it shall be demolished. (d) If the "dangerous or unfit building or structure unfit for human habitation ()r use" is a fire hazard. existing or erected in violation of the terms of this Chapter or any other ordinance of the City of Federal Way or the laws of the state of Washington. it shall be demolished, provided the fire hazard is not eliminated by the owner within a reasonable time. 1-32-1 Issuance of complaint. If, after a preliminary investigation of any dwelling, building, structure, or premises. the City Building Official. or his or her designee, finds that it is unfit for human habitation or other use, the Building Official. or his or her designee, may issue a complaint conforming to the provisionsofRCW 35.80.030. stating in what ORD #07- , Page 4 23 respects such dwelling, building, structure, or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure, or premises should be repaired or demolished, the Building Official shall be guided by the Federal Way Citv Code, specifically FWCC 1-3022, and such other codes adopted pursuant to the Federal Way Citv Code as the Building Official deems applicable, in particular the most recent edition of the International Propertv Maintenance Code. 1-3~2 Service of complaint. A complaint issued under this Chapter shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be filed with the King County Auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. 1-343. Complaint hearine. Not less than ten days nor more than 30 days after serving a complaint, the Improvement Officer shall hold a hearing conforming to the provisions ofRCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the complaint. Such a hearing shall be g;ovemed by the City of Federal Way Hearing Examiner's Rules, which shall be available for public inspection at the Federal Way Department of Community Development Services. I-3M Determination. findines of fact. and order. Within ten days of the complaint hearing, the Improvement Officer shall issue a Determination, Findings of Fact, and Order, conforming to the provisions of RCW 35.80.030(0, stating the Improvement Officer's determination as to whether the subject dwelling, building, structure, or premises is unfit for human habitation or other use; the findings of fact supporting the determination; and an order specifying the actions necessary to address any unfitness, and a deadline for completing the actions. In issuing the Determination, Findings of Fact, and Order, the Improvement Officer shall be guided by the Federal Way City Code, specifically FWCC 1-3(}22 through 1-3+0, and such other codes adopted pursuant to the Federal Way City Code as the ORD #07- , Page 5 24 . . . . .--- r l -e Improvement Officer deems applicable. The Determination. Findings of Fact. and Order shall be served and posted as set forth in FWCC 1-3~2. and ifno appeal is filed within the deadline specified in FWCC 1-36.5.. a copy of the Determination. Findings of Fact. and Order shall be filed with the King County Auditor. 1.365 Appeal to appeals commission. Within 30 days of service of a Determination. Findings of Fact. and Order. any party may file an ap\>eal to the Appeals Commission. The Appeals Commission shall conduct a hearing on the ap\>eal and issue a ruling within 60 days from the date the appeal is filed; and if the Appeals Commission issues any oral findings of fact. the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in FWCC 1-3~2. and if no appeal is filed within the deadline specified in FWCC 1-3~. a COPy of the ruling shall be filed with the King County Auditor. 1-3+6. Appeal to superior court. Any person affected by a Determination. Findings of Fact. and Order issued by the Improvement Officer. who has brought an appeal before the Appeals Commission pursuant to FWCC 1-36~ may. within 30 days after the Appeals Commission's ruling has been served and posted pursuant to FWCC 1-3~2. petition the King County Superior Court for an inlunction restraining the Building Official. or his or her designee. from carrying out the provisions of the Determination. Findings of Fact. and Order. In all such proceedings. the Court is authorized to affirm. reverse. or modify the order. and such trial shall be heard de novo. 1-381 Remediation/penalties. If a party. following exhaustion of the party's rights to appeal. fails to comply with the Determination. Findings of Fact. and Order. the Building Official. or his or her designee. may direct or cause the subiect dwelling;. buildin~. structure. or premises to be repaired. altered. improved. vacated. and closed. removed. or demolished pursuant to Chapter 35.80 RCW. 1-398. Tax lien. The cost of any action taken by the Building Official. or his or her designee. under FWCC 1-387 shall be assessed against the subiect property pursuant to Chapter 35.80 RCW. Upon certification by the City of ORD #07- , Page 6 25 Federal Way finance director. or his or her designee. that the assessment amount is due and owing. the King County Treasurer shall enter the amount of such assessment upon the tax rolls against the subiect property {Jursuant to the provisions ofRCW 35.80.030. 1-40J2 Salvage. Materials from any dwelling. building. structure. or premises removed or demolished by the Building Official. or his or her designee. shall. if possible. be salvaged and sold as if the materials were suq>lus property of the City of Federal Way. and the funds received from the sale shall be credited against the cost of the removal or demolition~ and ifthere be any balance remaining. it shall be paid to the parties entitled thereto. as determined by the Building Official. or his or her designee. after deducting the costs incident thereto. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the 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. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2007. CITY OF FEDERAL WAY MA YOR, MICHAEL PARK A TrEST: CITY CLERK, LAURA HATHAWAY, CMC ORD #07- . Page 7 26 . . . . '.--- --- . ApPROVED AS TO FORM: CITY ATIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: I:\DOCUMENT\2001 Building Code Cbange\Unfn Structures Ordinance_doc ORD #07- , Page 8 27 COUNCIL MEETING DATE: October-l6,--2007- ITEM #: ,*~ .';'- ,.. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to the Civil Service Ordinance POUCY QUEsnoN: Should the City of Federal Way / Federal Way Police Department amend the Applicability and Structure of the Civil Service Provisions of Chapter 2. Article Ill. Section 2-47 of the Code o{the City of Federal Way? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEEnNG DATE:October 9,2007 CATEGORY: o Consent o City Council Business ~ Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Brian J. Wilson, Chief of Police! Ordinance prepared DEPT: Police Department ! LAW Aaron Wallis Attachments: 1. PRHS&PS memo 2. Ordinance ~. Options Considered: 1. Amend the Ordinance 2. Reject the Amendment STAFF RECOMMENOA nON: Staff recommends Option 1. J ~ ~\l "\/ 't'OUl\ii' D'" LA/"'" DlRECTOR ApPROVAL:- '~/A/Jw1 Cooumttee 1\..,)' h...... ())\~p... 7 Council CiTY MANAGER ApPROVAL: COMMlTTEE RECOMMENOA TlON: PRPS recommends Option l ~ Committee Chai c.PiWPOSEO COUNCIL MOnON: "I move approval of the Amendment 0 authorize the Mayor of Federal Wa_v to sign sllch Ordinance .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNClL ACTION: o APPROVED o DENIED o TABLEDIOEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances ollly! REVISED.02/0612006 COllNClL BILL If 1sT ,'eading Enactment ,'eading ORDINANCE If RESOLUTION If ItJ//lP/o? I I . 28 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT . DATE: TO: VIA: FROM: October 9, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager ~ Brian 1. Wilson, Chief of ~ SUBJECT: An Ordinance of the City Council of the City of Federal Way, Washington, Amending the Applicability and Structure of the Civil Service Provisions of Chapter 2, Article HI, Section 2-47 of the Code of the City of Federal Way. (Amending Ordinance Nos. 95-244, 96-256, and 98-308) The City of Federal Way, Washington provides civil service for the City's Police Department. The amended ordinance would change the exempt status of some positions; would better correspond with state law; and clarify appointments for alternate commissioners. Two alternate commissioners shall be appointed to the Civil Service Commission by the City . Manager. The Police Chief will be exempt from Civil Service, as well as, positions, designated as unclassified service, as selected by the Police Chief and approved by the City Manager and Civil Service Commission. The current exempt positions requested are: The Chief of Police; Deputy Chief of Police or Deputy Director; and the Executive Assistant. The Commander Positions would now be under Civil Service. . I 29 . . '. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE APPLICABILITY AND STRUCTURE OF THE CIVIL SERVICE PROVISIONS OF CHAPTER 2, ARTICLE III, SECTION 2-47 OF THE CODE OF THE CITY OF FEDERAL WAY. (Amending Ordinance Nos. 95-244, 96-258, and 98-308) WHEREAS, the City provides civil service for the City's police department under chapter 47.12 RCW; and, WHEREAS, due to the increase in staff positions within the police department the City needs to change the exempt status of some positions to follow State civil service provisions; and, WHEREAS, the City wishes to clarify and simplify its civil service provisions to better correspond with state law and; WHEREAS, the City wishes to clarify the appointment provisions for alternate commissioners; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2, Article III, Section 2-47 of the Federal Way City Code is hereby amended to read as follows: 2-47 Creation - Appointment. There is hereby created a police civil service commission, consisting of five members who shall be appointed by the city manager to exercise the powers and perform the duties established by this chapter and by state law as set forth in 9Ghapter ORD# 1 PAGE I 30 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of police officGrs commissioned pursuant to RCVV '13.101.200, unless exempt pursuant to RON '11.06.070 employees of the police department. Two alternate commissioners shall be appointed to the civil service commission by the city manaqer. The rank of police chief, director of polico sorvices, assistant or doputy to such chief or diroctor, and commander shall be excluded exempted from civil service~ as well as a number of additional positions, desiqnated as the unclassified service, as selected by the police chief with the concurrence of the city manaqer and the civil service commission pursuant to as provided for in RCW 42.12.050 in recognition of the managoment authority dolegated to such positions. Noncommissioned full timo, Volunteers, reservists. part-time~ or seasonal employees of the police department SHffi as polico support officers, community service officers, idontification tochnicians, property/evidence room technicians, record clerks, dispatchers and administration assistants shall be excluded exempted from civil service pursuant to RCV\! '11.12.010 and RCVV '11.12.220 and/or in recognition that the city will create an orderly system of personnel administration to cover such employoos. The commissioners shall serve without compensation; provided, however, that they may be reimbursed for expenses incurred in service as a commissioner. . SECTION 3. Severabilitv. The provisions of this ordinance are declared { \ ~. ) separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the 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 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 5. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of ,2007. CITY OF FEDERAL WAY ORD# , PAGE 2 . 31 . le:..--' , i \ '. MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, 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:\ORDIN\2007\Civil Service update 2007.doc ORD# , PAGE 3 32 . ~()~~~~l.~1!:~![~(; ~~'I'~:<?~~--l~,-~09mly!::)\(_~ ':),,,-0=" CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: .' ~""'- ::::...z.. .:J_".... SUBJECT: Clearwire Franchise POLICY QUESTION: Should the City grant Clearwire US, LLC a Franchise to operate and maintain a Personal Wireless Service Facility (PWSF) within certain Rights-of-Way (ROW) within the City of Federal Way? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DA TE:October 2, 2007 CATEGORY: o Consent o City Council Business [8J Ordinance o Resolution o o Public Hearing Other (. .~!~_~!_!!~!'2~!~Y:.~!l:!!iCi~_~:_~i(;.~~~Q~~~"..~~o/_~t!Q~~y.... ...._________ ..~~.~.~..~..~~_~..._..__ ...--..-.-.---.-.....-----.--.-.....-- Clearwire US, LLC has asked the City to enter into a franchise agreement to facilitate the location of a PWSF on a PSE pole located within the City's ROW. Clearwire has agreed to all of the terms contained within the City's standard Franchise Agreement. Attachments: Proposed Ordinance/Franchise Agreement and Exhibit A and B Options Considered: I. Recommend approval of the Ordinance and forward to the full council for first reading at the October 16, 2007 meeting. 2. Recommend rejection of the Ordinance. 3. Recommend modification of the Ordinance and forward to the full council for first reading at the October l6, 2007 meeting. \\,~ ~/ \. "'tounc. DIRECTOR ApPROVAL: f~ Committee fJ4fC Council CITY MANAGER ApPROVAL: %-JL~ ommittee Chair ,/ ) ( ,/ -~/f?t~ Committee Member COMMITTEE RECOMMENDATION: ~V~- opbLW\...-, \. PROPOSED COUNCIL MOTION: "[ move. e proposed ordinance to second reading and approvaL at the next reguLar meeting on April 17, 2007. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED . 0 T ABLED/[}EFERRED/NO ACTION '-._ 0 MOVED TO SECOND READING (ordinances ollly) REVISED.02/06/2006 COUNCIL BILL # 1 ST reading /011 ILJ I () 7 Enactmel\t reading ORDINANCE # RESOLUTION # 33 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CLEARWIRE US LLC, A NEVADA LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. . WHEREAS, Clearwire US LLC, a Nevada limited liability company ("Franchisee") has requested a Franchise from the City of Federal Way, in order to place wireless transmitting facilities and related appurtenances in the City owned or controlled rights-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a Franchise which will specify the rights and duties of Franchisee; and WHEREAS, RCW 35A.47.040 et. seq. pennits the City of Federal Way to grant . nonexclusive Franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive Franchise Agreement, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. . ORD# , PAGE I 34 . r.- -, . 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means: (i) wireless communications facilities, including, but not limited to, electronic equipment, radio transmitting and receiving apparatus, and supporting equipment to be located on a pole on a certain public right of way, base station transmitting cabinets, radio frequency antennas and locating antennas as required by law or FCC order, (ii) underground fiber optic telecommunication lines or similar lines, and (iii) any appurtenances necessary to connect the lines or similar lines to the existing switched telephone network all as shown on Exhibit "A". 1.5 "Franchise Area" means only that portion of the City owned or controlled rights- of-way located in the City of Federal Way and shown in Exhibit A attached hereto (excluding privately owned property), and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.6 "Franchisee" means Clearwire US LLC, and its respective successors and assigns if consented to by the City of Federal Way as provided in Section 24 herein. 1.7 "FWCC" means the Federal Way City Code. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This Franchise does not penuit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities for or to cable and other third-party cable or telecommunications providers, and Franchisee covenants and agrees that it will not do so. ORD# , PAGE 2 35 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Additionally, this Franchise does not convey any right to Franchisee to install its Facilities on, under, over, across private property or any other governmental authorities' property or on any other person or entity's poles or apparatus, and Franchisee is responsible for obtaining any authorizations, agreements or consents from private property owners, any other governmental authorities and any other persons or entities. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities 5.1 Location. In addition to the other requirements of this Franchise, the location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a rights-of-way, and any related existing equipment (such as cellular or personal communication service antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. The fiber optic line permitted by this Franchise which runs from the pole in the rights-of-way to the equipment shed or building on private property shall be installed underground. Upon written ORD# , PAGE 3 36 . . . . :. . request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informationaL purposes only and shall not obLigate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digitaL GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall, at the City of Federal Way's reasonable request, provide the location of Franchisee's FaciLities within the Franchise Area by either field markings or by locating the FaciLities on the City's design drawings, and shall provide all other reasonabLe cooperation and assistance to the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the Laws of the State of Washington and City Code requirements, Franchise provisions, reguLations, resolutions and ruLes, as now existing or as hereafter amended; and (3) as required by the Director in accordance with the foregoing or given pubLic heaLth, safety and weLfare. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit AppLications. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicabLe City ordinances, regulations, resolutions and rules prior ORD# , PAGE 4 37 to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed Facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the rights-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approvaL. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (I) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. ORD# , PAGE 5 38 . . . r. (. . Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the rights-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the rights-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed with the Franchise Area during the five (5) year period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (I) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director in accordance with FWCC regulations or Department of Public Works internal policies. Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markings/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during ORD# , PAGE 6 39 the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments and markers, shall be borne solely by the Franchisee. A complete set of reference notes for monuments, markers and other ties shall be filed with the City. Section 11. Ri2ht of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 8 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees, within five (5) days. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Notice to Franchisee of Work by City 12. 1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, ORD# , PAGE 7 40 . . . . . . bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed in any manner to prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. Franchisee shall operate the Facilities in a manner that will not cause interference to the City, and other lessees, franchisees, or licensees of the Franchise Area whose use predates this Franchise, and in compliance with the requirements of FWCC Section 22-972 as it now exists or is hereafter amended. In addition, with respect to lessees, franchisees or licensees whose operations commence after installation of the Facilities hereunder, Franchisee shall not make any change in its operations that causes or is intended to cause material interference with such lessees, franchisees or licensees. All operations by Franchisee shall be in compliance with all Federal Communications Commission ("FCC") regulations. Pursuant to FWCC Section 22-971 as it now exists or is hereafter amended, the City may issue permits for and enter into franchises and leases to allow location or collocation of other telecommunications facilities in the Franchise Area, and Franchisee consents to same, provided however, that the location or collocation must occur in compliance with said FWCC Section 22- 971 as it now exists or is hereafter amended. In the event that any such location or collocation results in interference with Franchisee's operations, and provided that Franchisee has substantially complied with the provisions of this Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such interference. In the event that the interference is not eliminated within thirty (30) days of notice to City by Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all remedies available to it against the interfering party (but in no event shall Franchisee pursue any action against City at law or in equity or for declaratory relief). ORD# , PAGE 8 41 12.2 City's Duties. In the event (i) the City undertakes any work, including necessary maintenance within a rights-of-way in which Franchisee's Facilities are located, or (ii) the City requires undergrounding of Facilities of Franchisee or lines or equipment of any other entity due to the City requiring the removal of any poles, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice of the required relocation or undergrounding to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications. Then, Franchisee shall relocate or underground (as the case may be) its Facilities to accommodate or comply with the City work. 12.3 Franchisee's Duties. Within sixty (60) days of receipt of the City notice under Subsection 12.2(a) requiring relocation or undergrounding and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move or underground such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City to comply with City requirements or to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a rights-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the rights-of-way. In the event of relocation or undergrounding City and Franchisee agree to reasonably cooperate to relocate the Facilities to a different area of the Franchise Area, if possible. Any relocation of the Facilities shall be performed by Franchisee. City shall provide Franchisee with thirty (30) days notice, or in the event of emergency, with notice if it is reasonably practicable to do so. The City shall reasonably cooperate with ORD# , PAGE 9 42 . . . Franchisee in processing any required zoning approvals for relocating the Facilities including . suggesting alternative locations in the Franchise Area if such are reasonable possibilities. Section 13. Damaee Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a rights-of-way or an improvement to a rights-of-way as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. '.-_. "'-.: Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have ten (10) days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the ten (10) day period, the City may, by resolution, declare the Franchise immediately revoked. Section 15. Limited Riehts This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. . ORD# , PAGE 10 43 Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acqumng by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, Franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the City's Graffiti Ordinance (Ord. No. 07- 550) and the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Franchisee specifically waives any right to bring an action that any aspect of this Franchise is contrary to any local, state or federal law (including by way of illustration and not limitation, the Telecommunications Act of 1996), provided that if this Franchise is determined to be contrary to local, state or federal law through legal actions brought by others, then Franchisee shall have the right, as Franchisee's sole remedy, to immediately terminate this Franchise without penalty or other liability at its sole discretion. ORD# ,PAGEll 44 . . . 18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City . may develop generally applicable rules, regulations, ordinances and specifications for the use of the rights-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and . agrees to be bound by same, provided they do not conflict with state law. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Char2e for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. '. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the FWCC. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers 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 connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents, employees, independent contractors, officers, or volunteers. In . ORD# , PAGE 12 45 the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit, or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage; and (d) Employers liability insurance in an amount not less than $1,000,000. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: ORD# ,PAGE 13 46 . . . . i. . (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Section 23. Bond Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of ten (10) years, from the time of work, against settlement or repair. Before commencing work within the City, the Franchisee shall post a bond in the form attached as Exhibit "B" and in the amount of 120% of the value of work to be performed in connection with the Facilities to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with any provisions of this Franchise. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, the City may perform the work and be reimbursed as provided in ORD# ,PAGE 14 47 Section II above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section 11, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the City and Franchisee with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both City and Franchisee. 24.3 Assignment. In addition to the requirements of Subsection 2.1, a Franchisee shall not have the right to transfer or assign, in whole or in part this Franchise without the prior written consent of the City which will not be unreasonably withheld or delayed. Any transferee or assignee shall, within thirty (30) days of the date of any approved transfer or assignment, file written notice of the transfer or assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 24.4 Attorney Fees. In the event the City or the Franchisee defaults in the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. ORD# ,PAGElS 48 . . . 24.5 No Waiver. Failure of either party to declare any breach or default by the other ~. party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Govemin€! Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual or entity executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual or entity is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City, respectively. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: '. Clearwire US LLC 4400 Carillon Point Kirkland, W A 98033 City of Federal Way Attn: City Attorney P. O. Box 9718 Federal Way, W A 98063~9718 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections and subsections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. -e ORD# , PAGE 16 49 Section 25. Severability If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY . Mayor, Mike Park APPROVED AS TO FORM: ATTEST: City Attorney, Patricia A. Richardson City Clerk, Laura Hathaway, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ACCEPTANCE: , PAGE 17 . ORD# 50 . .. . ACCEPTANCE The undersigned hereby accepts all the rights and privileges of the above granted franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this _ day of ,2007. CLEAR WIRE US, LLC ~..Z-.-z. By: DOUGlAS E. TR1BOLET Its: DIRECTOR PROGRAM MANAGEMENl q .l~~07 K:\Franchises\Clearwire Franchise TAC394 21" Ave SW ORD# , PAGE 18 51 . o E3 :tt:: APPROVAL BLOCK SiiE-h"CQUJSTIOI-l OAT( L.4NO LisE REP. OA1( RF ENCIN(ER DAlE' CONSTRUCTION MC'.h --..------c;;m . I PRooUcnON ,'-'0 '1:j DATE > 0 I WlOLORO- OAT' t'I1 N DRAWING INDEX 0 SHEET CONTENTS TO-, TITLE SHEET NO! GENERAL NOTES COO SITE SURveY (BY OTHERS) COl OVERALL SITE PLAN CO 1.1 ARCHITECTURAL SITE PLAN CO2 ENLARGED SITE PLAN & ELEVATION C03 EQUIPMENT DETAILS C03 CONSTRUCTION DlTAILS C03.1 CONSTRUCTION DrfA1LS C04 ANTENNA DETAILS (J1 I EOl ELECTRICAL, GROUNDING PLAN & DETAILS W PROPRIETARY NOTE: SYMBOLS & ABBREVIATIONS Tr1( INfORIMIIO!'l CONTAlNE.D IN tHIS SO or tlRAWINGS IS PROPRIOART' l3Y tiATURF, AIN USE ~ OISCLOSlJR( OTHeR THAN TH.4,T WHICh REI.ATE~ ro CL(ARWIRf Sf.RVlCE IS STRICTL.Y P.ROHl~IIED. lHl NEW [el ExISTINC _0- CENTER UN! --~_...- PROPCR!'r LINt -x- FENCE LINE ...,.-r::- Gf{OUND WIRE. - OHP- OVERHEAD PO\IttR - 0l'fT- OVERHEAD TELCO - UCP- UNO(RCROUNO PowER CONOIJII - uGT - I,I/'lDERCROVI'd) TELCO CONUUlr - EN - ElHERNCT CABle IH ALL ARCHItECTURE North Ctetk Offit. CMtc:f t9119 NorlhCrtek Po,l.aYI Stnte ID~ Bothe!. WA 98011 ph: (421) 411-0746 101: (421) 415-0799 6 POWER COMPANY UTILl1Y CONTACTS PUCET SOUND ["ERGf' (StlB) 321-71i9 TELEPHONE COMPANY owE'! (&00) 955-4922 SITE QUALIFICATION PARTICIPANTS llII4l. ~ ~~ TEAM LEJ.O: JUSTIN AElBOTT PARSONS (206) 190-40&5 SAC, l.lICt1AELI.lAHER PARSONS (206) J51-0iS6 PERMlnU'((:: CIWQ WILSON PARSONS (206) 218-tig,,0 CONSTRuCtiON: JIM GIBSON PARSONS (425) ft02-oall AlE' RICHARD e. hALL. AJA HAll ARCHITECfu/1E (425) 4t5-074' RF ENGINrER: JENN'1' YEftRA CLEAR.WIRE (125) 614~6155 PROPERlY OWNER: MARK WATKINSON AAr WO/,)OHWL VtUACE LLC (425) 228-9911 ..10'1 POLE OWNER: TIt.! CASSER PUCE'T SOUND ENCER'!' (425) 456-2176 IA .) clear w"re@ Site Number: WA-TAC394-C Site Name: ALDERBROOK / PSE VICINI1Y MAP REV 1 o o o 1 1 o o o o o PARCEL I: SeoP( OF WORK: SiTE ADDRESS: POLE OWNER, APPuCAA I ~ JuR,SDIC1ION; CuRREN! ZONt: CURRENT USE: PROPOSED uSE: PROPiR!Y OWNER: DRIVING DIRECTIONS: TAKE. 1-5 SOUTH TO (Jut 143 (S. 320TH Si); HEAD wEST ON J20TH TO 21ST AVE SW; TAkE A lEfT ONTO 21ST ",Vi. SW, SITE WilL B! lOCA.TEO ON L!fTSlOE Of ROAD.. psr PoLE 1311786 I 16'H'O. At 011 ne'lI services, &. grouflding ttunches, p,ulli.,.tt ~WARN!NGu tope at 12~ below grade Q ~L ~O~O~IG" '\!:)I,-aoo-424-5555 UHLilT NOtlflCATION CEN.TER or WAStilHCTON STATE PARSONS 1530 wESTLAKE AVE'. I~. SUITt 600 S[Afllr. WA 98109 SITE GPS COORDINATES: "'TiTVDE (NAil 8l), I.OI'lCJTuOt (NAO 8l): ELEVATION' O,3137~ -122.:6011011 !42'(_+) AAlSL clear w're@ ALDERBROOK IPSE WA.TAC394-c 19ot sw J20ftt stRREr FEDERAL WAY, w.... 98023 sa08 LAKE lV.$k,"CTON eL\1). ::uITE 300 KIRKLAND, WA ~aoj3 3 .) D PROJECT INFORMATION ~ UNUANNED ttL1COhlMUNlCAnoN rACIU1'f INCLUD!NC THE INSTAllATION OF NEW Clo.RWlR( ANTEN~ FLUSH MOUNTED ON A PS(. REP!.ACEI,(ENT WOOD UTlLt'IY POLE PLUS tHE INSTALLATION or A SITE SUPPORT CABmtT ANCHORED A CONCRETE. SLAB Ofl CRACE. WI1HIN ^ PROPOSED 9'X9' fENeW LEASE AREA. 1901 Sw 320111 STREET FEDERAL WAY, WA 98023 puett SOUND ENERCil' PU BOX 90868 BEu.f:Vur. WA 98009 CON1ACT: 11M GA$srM Pti: (425) 45fi~2776 CLfARwIRE, LLC CIlY Of fEOERAL WAY RESIDENTIAl. (RM2400) ROUND WOOD LfTIUT'I' POlE ~OUND wOOO uTu.iTY POLE &; 1[LECOM....UNlCAT10NS EQUIPMENT ANr wOODtRAiI. VlllACE LlC CO~ MANAGEME.NT CROUP 1000 OMSOALE AVE Sw 11"'0 REilrON, WA 98055 Pit ('125) 228-91j1l Ml0.;. CONTACT: IMRK WATKINSON 13210J9101 c HAlL ARCf'111ECTURf: eOTHELl. WA mu: SHEET DRA~R WA-TAC394-C-TOl !!!! o o ~ :;t:: '"0 >- o m tv ....... (J1 ol>o . CENE~~L NOTES 1. ALL CONSTRlICtlCN AND MAT(RtAlS SHALL COIJPL Y WITH THE "INTERNATIONAL eUU.DING COVt: .:!OOY AND SI1ALl Mr.O C/o! txC.E(O THE SlRJCllA 0"- APPuCAeI.! COvNl'r CODES MD RECUI.I\,Y10NS, lAU:Sr (O(rIOI~S. 2. N>iTC!'iNAS, CA8!NETS AltO COAi'lVIl. CAllE ~tiAU E1E PROVIDED flf CLIENT CONtAACrOR SHALL COaRDINAlI.: S~H(VUl( Of IJELfVrRY TO AvOID DE.LAYS .t DAMAGe 10 ALL vTlUrIES. \,.AND, tJRIvE'WAY AREAS AND F'ROPERN or DInERS. DiStURBED Ol.IRlNC COI~STf(ucnO/j, $tiALL 8E fUJuRN(O 10 THE ORIGINAl CUNomON AT fl1[ COMPLETION or wOft". 4. CONTAACtOR Stw..l CQOROIMT( I'IllH !Mt: lQ\;AL f'O'.vfR AND Il\,U'110tlE Lflll.lIlES A~D THE CONSTRuCTION MA/#.CER_ TO CONfIf<M TIiE SOURCE Of :lfFMCE, PR.Oll 10 .NS1ALLAUON Of (;ONOUJ1S. ~. EXISTING v(GnAhON AND ORC..1wC W,A!ERWS SHAll BE REMOvrO FROM THE ~g~~:g[ ~~_R~~~~E s~~ T~o D~~r~N E~~'t~~~ ~~" ~O~H~OIL MOOlnrD PROCTOR M~Jt~IJM DRY OOISIN rOR SOIL IN ACCORQANC( \'flltl A5TM O~57. Ii RECRAGi ARO\Jt.O PAD AS REC/.,JlttlO 10 ALLOW M.>v(l/.!Ut.t 3" OF PAD THICKNESS. (xTENOINC .AeovE CRAOt. 7. All vlORJI: SH.ALL Be DONE SATI~A(;lORT' IN A .l'Rort::SSJONAL WORf(,IdN'lLIIl.( I<lANr~ER, su~ECT TO INSPECTION OURV'iC TIlE CONSTRLrCtlON ANO FINAL Af'PROvAl. ElY THE CONstRuCTION ~R II, AUY SUBSTITUtiONS of M.,TtRW.S, EQUIPMENT OR AlTERATIOtiS FROM THE !'L,NI!) ~IJ/Oi'. SP(Clfn:ATIONS SHALL SE APPRO....ED 81 TrlE CONSTRuCTION """""'. II. COLOft SEL(CTION SHAlL a( COORDIN.\TEO WllH CONSTRUCTION MANACE'A: HJ. CONtAACTOR SHAu... yERlF'r EXISTiNC tONDi1l0r~S AHD DIMENSiONS AND BRING DISCREPANCIES TO tHE AnENTIOi" OF CONSTRUCTION MANAGER. II. CONTRACiOR StWJ. CONTACT SUaSIJ~fACE uTlUrt LOCAToR: FOR eMeT LOCAnoN or (XISTINC U1tLl1IES. ;;filOR 10 COMMENCEMEtH or CONSTRUCTt-OO ACTMlIES. CONTRACTOR SHAll ...ERlf.... E'1:ISTING UtlLIlY LOCATIONS By Tf.:ST PIT, ...S NECESSA~l'. EXACt LOCATION Of UnuTI(S SHOWN ON PI..AN ARE .APP~OXrlMl( .s: FOR f'lAMNING puRPOSeS ur~L'I'. .. 12. COtHRACTOR SHALL DOCUM('NT THE: ~AS BlJlll- LOCA1IO,'lS or AlL Bur<I~O UTILITIES, I/'iCLUDIN.:l POWER, CROU~OlNG. nc.. \1 CONTRACTOR St\AlL 'SECul<!:: fl1E NECESSARy PfRMlfS fOR THIS PROJECI FROM N..L APPLlCASL( Covf.fll'fMlM AtlO~CllS. cOJ>lrRACro~ Sl1,l.lL a( RESPONSIBLE: FOR ....C!IOING flY ALl tHE CONUl110N:i AN() f{~QUIRE!olENTS OF IH1: PEt(~II~. 14. TowER ANO lowE/( FOUNt)ATIONS AAE $tIOWN FOR ILLuSlkATI...-E puRP05E:S ONLY. 15, CONTRACTOR SliALl VISIT THE PROJECT SIrE TO VI[I'( AlL CON(;l1110N5 PRIOH 10 Sut:lMlTtlNC ~O. ANY CtWlCES CuRlNC CONSTRuC1ION OuE TO AN EXISTING CONDITION, VI$LIALI.Y .t.SCERTAlNAi:lLE PRIOR TO SUBMlflJNC BID, CAAr-lOt BE THE BASIS FOf! A CHANCr ORDER. 1 f;, COAT ALL SuRfACES WITH NO-Oj( WHc]([ DISSIMJI.M METALS COtITAC!. 17. COrHAAcTO!l: StW.l REMOVE ALL DESRIS AND EMPTY CQAX REElS FROM hiE Sill PRIOR 10 COirlPlfltor. Of TI'1E FROJ(C! IHALL ARCHITECTURE North Crl:~k D1liee Center 19119 North Creek Pork"or, Suite lO~ alottM. WA 98011 ph' 1425) 415-0746 to'<' (425) 415-0799 6 PARSONS I~~O wESlLAKE A.IJ~. N SUItE 500 ~t:AmE, WA ~tllu'J I PROJfCT NOTES k(INfOI~CEIJ CONCRETE: ~~l, CONCR(lE: AU CONCRf:T! SI1A1.L. at: r'c: . J,OOO PSI AT tNO OF ,,1:1 DAYS AS orrERMINW 8l .&$1'" C31 AND C~<3 AND SHALl. eE NORMAL WEICMT. ~-2. PRf,PAf'.A.TION, Tf,SHNfi NiO PlACINC or CONCRE1[ ANI) REINfORCEMENT StV.LL BE PE:R ...CI-Jle eUILOINC CODE. REOulR!M(NTS fOR ST~UCTuAAL CONC~rE, !.ATEST EDITION. l-l REINFORCINC BARS SHAlL HAvE. ,.. hUNlIlVM YIELD STR(tlCTH OF ry " 1i0.oou fiSt "'!'II) St1Al.:. COI.IPl.Y WITH ...Silo! A615 R-4. .l'ROVIOE MINIMUM CONC~fTE COvt:RAC;E FOR REINFORCING SlEt:l. Of ;I", R-5. DuSTINC v(CElATION ANO ORCANIC MAliJMLS SH.AU. BE ftEMOV(P fROM THE SUIL()jNG fOUNDATION AREA flU TO INOICAI[O lLt.\'ATION wITI'! CLEAt!. SANOY SOIL COMPACT to OBT.AlN 2~OC PSI 6EAAlNC CAPACIT'T CONCRl1t:: (OUIPMENT PAO 5l'1ALf. BE PLACED OvtR UNOlsluRero OR WEll COMPAC'IEO SOIL. D(SlCN, D- t. DESICN IS IN ACCORDANC( WITH THE INT(~...TrONAl ~UILl:lINO CODE 200.3. 0-2. EQUIPMENt CAflLNET LOAOtNC PER CLWWIRE stAHOAAO E:QUIPM(Nf 0-3 DESIGN LOADS: WASHINGtON STAre A. 100 IolPH Wl"lO SPEW, ) SECOND CVST, ChT(eORy 2. IMPORlANCE FACTOR 1,0. EXPOSURE CATEGORY C. R. ALL OTHER LOAD ARE PEF! ASCI: 7 -02 0-4 PAl) ON CRADE DESIGN IS BASEO ON MINIMUM SOil a[ARlNC CAPAClfY OF 1000 PSf. ~1RUcTuRAl..: s~1. DETAIL, FABRICATE:, AND fREcr JU. STfIlJClURAI. SlEEL IN ACCOR:O~CE WlIH A1::iC, SPEClflCA'IION fOR OESlG.., FABRICATION .-.NO ERECTION 0, StRUCl\lRE STCCl fOR BuIlDlNCS. S-2. ALL STRUCTURAl STEEL WORK SHAlL coorORM TO THE NSC SPECIfICAtION fOR Sl'RUCTUfW. STEEL fOR 6VlLOJNC - AlLDWADlE STlU:SS OESICN AND PlASTIC DESIGN. IlIlh COITION. S~.J. STRUCtURAL PIPE CCLUMNS SHAl..L COIllPLY '111111 ASTM ...53. TYPE r OR S. CfW)E B. Fy .. Jt:iKSi. Al.L WIDE n.mCE SIW'ES SHAll e~ ASThI A992. CRADE 50. .t.LL STRuCtuRAL SHAPes at PlATE Sl'iALL COMF'l.:r \Yllli ASfM .06. S-4 wEWING: ALl. W(I.OING IS TO eE DONE SY PRE-QUAlifIeD wt:u)ERS HOLDING CuRRENt CERTifiCATE fROIlI ... H(CQCNIZEO T(STlNC U.BOAATofff. AL.L VlRas ARE 10 BE ?fR A.W,S, CODE, lAT(ST EDIllON AU. WELDS SHALL Be J/16A MINIMUM flI..Ll1 w(LllS U.O.N. ELECTRDDES SHALL BE E70XX S-!J. tliERE SI'V\l.L BE NO f'IE:LO WEl.DINC. S~6, STRUCTuRAL CRaUT St-W.L aE SHRINKAGE RESISTANCE NON-ExPANSIVE, NONMrTAl.UC CRout WITIi A hUNlMUlol 28 DAY COMPRESSIVE STR!N01t1 or 5,000 PSt WhEN TESTED IN ACCORDANCE WITH ....'Slld COOE C109. rORMS S!'IALL BE PlACEO IIHOUNO e.-.S( PLATE .Al'olO THE STRuCTuRAl CROuT SHAlL aE POuREO. NO ORY-DAMP PACKING. 5-7 ANCHOR BOlTS AHD Al.i.-lI1REAO ROOS StV.U COMPLY YflTH ....sTI.! AJa, IJNLESS 011'+ERWfS( NOTED. ALL OTtlER. BOlts AND UutS SHALL COMPLY WI(H to ASTIo1 A325. ALl. SOLTS SHAlL ac tIOl-DIPPEO CWvANIZtD :'-8, All (xPOSED STEEL SHALL aE HOT .OfPPCD C&'JANI2ED Af1ER fASHICA.TtOfol PER: ASIM A15~ OR A123. :;...9. APPLY TWO COATS OF ZINC-RICH RuST-OLElJM ,:ZltIS PNNr 10 ALL flEkD DRILLED tlOLrs AND CUTS. GftlO-Cw.RD EPOXY 15465 C<MtlNC StWl 8( /\PpufO TO All ARrAS wHeR( GAlVANiZeD SuRFACES NEro to B[ RECONDITIONED. INCLUOING AlL WELO ARE.AS. clear w're@ ALDER BROOK IPSE WA.TAC394-C seOd l.A.~E WAShlNCTON BL ~o $UII( JOO KIFtKl..AND, WI. 98033 I~Ol SIV J2ulH SlRRf.l fElJEHAL. WAY, WA 9d02J I .. i . El E'CTRICAL NolES 1. i\l,l ELECTRiCAl weRK SHALL CONFORM TO nlE REQuJREMENTs of lHE NAtIOw.L, (l.,(CTRiCIol. cooe; (IIIEC) AS WELL AS APPi,ICAflLL SlATE AND LOCAl. CODES. 2. ALL (LE'CTRlCAJ. ItEMS StW..L BE' UL APPROVED OR USTro AND PROCuRED PER SPE:CIFlCATION REQuIREI.IENtS. J. 1HE [l!<:TRLCAl WORK lNCLlIOCS AlL lABOR ANO MATtHlAl OESCRtBED By MAWINCS AI~O $PrClflCA.tION. INCLUOlfolC INCl()(NTAl WORK TO PROVIDE' CO~PLE1I, OPERATlNC AND APPROVED ELECTRiCAl SYSTEM. ~. GENERAL CONTRACTOR SHALl. PAY FEfS fOR P(RI,tJTS, MO is /'lESPONSIEll.r FOR oetAlNlNe SAiD PERINTS. ANI) COO+tl)I/iAl!(,)N OF INSPECTIONS 5. ElECTRICAL At/O TELCO wIFllNG BETWEEN CABINETS SI1AI.L flUN IN EMT OR SCH(OULC 40 fIVe (A.S PEl1wtntD ey CDOE) 6, ELE'Clfl:1CAL AND TeLCO WiRING OU'ISlDE A BUlLOINC N~O EXf'OSfO 10 WU,THER SHALL. BE IN W....TER TIOtH GALVANIZED RIGID SiaL CONDll.llS AND WHERE REQLrlAED IN liQUID fiGHT Fl!xIIU; MrlAL. OR PI/C WHERE LOCAL CODES "NO sm: CONDITIONS PERMIT, 7. ELECTRiCAl bORK SHALL ar COPPER WITH t'/PE XHtlW, HIWN Of< THIN lIotSULATlON. fl. RUf( Et.ECTftlCAL CONDuit aElW((N EI..ECTRlOL ullLfTY DEMAACATIDN POINT AND ExiSTING t.\(.t[A: SOCKet AS LOCATED ON THIS ORAWINC IN Pvt, PROVtO{ FULL LENCTH PULL ROPE. COORl)lNATEO INSTAUArlON WITH UTllW\' COMPANl'. 9, RUN TElCO CONDUITS BOW((N tELEPHONE unurr DEMARCATION POINT AND DaSTlNG TileD CAtlINE.T ANt) CLEARWIR( CABiNET AS INQJCAT(D ON TI1IS DR:AWINC IN PVC. PROViDE fUll 1..ENCTH P'.JLL RCPE IN TELCO CONDUIT. 10. AU. EQUIPNEt'~t LOCATEo OUTSIDE: StW.L lVlvE NOoI" 3R E.NCl.OSuRE. 11. COOROlNAtE EXACT TElEPHONE REQUiR{hlENlS HiD sElMcr ROUllNC Wilt'! LOCAL. TE.LEPI1QHE COMf/A1-fl'. APPl.'!' rOR TELEPHONE SERviCE AS SOON ~ POSSIBLE. 12, iT IS THE CEtlERAl COHIRACtOR'S RESPoNSIB!UTY to APPLY F'CR COMMERCIAl. POWER 1t.lIAEOIA1'[ll uPON R[CEI'o'lkC AWARU OF BIO. fH( CENffiAL CONlRACTOR IS REOUIRED TO KEEP AU. RECf:lf'TS tROM THe F-OWER COMPANY AO(HOWLCDGlNC APPwCATION FOR POWER .-.NO THOROUGH DOCUMENTATION Of 1J.l1 OlSCUSSlONS WjTIi THE POwER COMPANY Tt-tERE.aFTER, AL~O, THE GEfiHcAL CONTRACTON St1ALi. RE:CEI\I(D IN WRITING f'.R~ THE POWER COMPANY ;.S TO WHEN THE ANT\CIPA1EO PQw(R I;ONhECTION WILL BE COt.tPU:TE rf COt.WtRCII... POWER IS NOT AVAIl,ABLE. aT' THE 6POWER COt.lPL!1EA DATE AS CAllED OuT IN THE SPEClflCA1IQN5, A COl(RATOR StiALL BE SuPPLIED .\NO MAlNTAlNEO 8'1' ItIE CENERAl. CONlRACfOR UNTIL COt.lt,lEFlClAl. IS OBTAINED. AlL COSTS ASSOC!1lTEO WITl'l Tl-it GENERATOR WILL BE MUTUA1.LY ACREEL) UPON S(TWEEN THE OWNER AND CENEiW. CONTRACtOR. IN THE MNT THE GE~~tRAL CONtRACTOR rAlLS TO TAKE T~E NECtSS,'JtT MEASURrs ~ DESCRIS(O HERrIIl TO S.ECUfU: POWER 8Y THE POwER COMPlrTED DATE. THEN Al.L COS1S ASSOCIATED WlHi tHE GENERATOR SHAlL Sf BORNE BY THE CONTRACTOR I GROUNDINC NOTES l. AN ANtIOXIDANT COMPOuND SHALL BE APPLJEO TO AlL ExTERIOR, AfJ{N( CRAOE. M(CHANIC. GROUtlU COflN[<.:IJUt1S 2, CONtRACTOR SHALL SUPPLY ..-.Ll MATEf<lAL, lASOR ...~o fOuJPt,lENT N€:CE$S/.RY FOR A COt.1PlETi ~.fST(M ....5 lidEN-liED H[R[IN UNLESS O[H(RWIS[ NOT(O. ~. All. EXlERNAL CROUND CONDUCTORS SHAt.L OE 12 ^'IlG, ElARE. SOUl>, TINNED C:Of'PEA. UNLESS OTHERWISE NotED. D 'I. ALL GROUND CONNtClJONS SUAJ..L BE MAC!:: Wlltl [lOlHfRMIC Wtl.O PROCESS UNLESS Otl1ERWt5E NOlt::" OR APPROvtO. Al.L COtmEctloNS SHALL Elf MADE At OESIGNATW LOCATiONS ON nlE EOUIPMENT ~. EX!.Cl LOCATIO/'" Of CROUNL\ RODS "NO CRCUN!) CONr/(C/lON FOINTS SHALl.. BE DEJERMINEO Ik THE FIELO. ,t.OJuST LOCATIONS AS REOulRtD 10 KEEP CROUNI) CONN(CTlONS t.s SHOf<lT "S POSSI8LE (ii' MIN. SENO RADIUS ANO 90 D(CREE I.lAX BEND ANGl-E). AlL ano'll CRA!lE (,lRQUN()ING SH/I1L B( INSPECTEO AND APPROvED By CO'~STRucrION W.NACtH PRIOR 10 BACl<ftLUNG. 6. ALl. cr({)\Jt~O C0J4j10NENT~ Stw..l Bt INSI'ALLED WitHIN 1l1E CONFINES or TI1E FENC[D AAtA ANY M(TAlLIC HEMS WITHIN 6' or TME CROVND RINC SHAlL BE SONDED TO tHE GROUNO RING. GRo\mnmc REQUIRtMrNt riOT StlDwN ON PlANS ME" WAVE GUIDE t1l\lCH COVER/Pl...rE. CABLE. tMrs. SuPPORtS. S(RvICE PANELS, DISCONNECT SwITCHES HV....C UNj!$, m:. THESE ITEIol$ MUST at CROUNOEO. 7. Al.L EXTERIOR EXPOSED QROUtlD CONIAtCfOHS lONCEH THAN 18A SHAlJ.. BE ~RoTECT(Q ....1l0 suPPOOtEO ar A J/~' f>VC SCHEDULE 8!} CONDUIT SLEfVE MO\JNTED 'NITI1 clIe-STRAP suPPOkTS fROM 66 BEl.OW ',r./lSHED CRAOE TO 6" fROM fiNAl. CONNECTION. II. ALL llROUNQ ROOS Stw..L Sf. ORlVI:N $'ffWCNT OOWN. PEfI:?ENOICUWl: TO F'lMStIEO CfWl(, SUITABLE pA.OTE.CnON SHAlt. BE: PROVIO(Q ON END OF RODS TO PREvENt MUSHROOMING wlfH GROUND OURING INSTALLATION. ~. lOROUNO COI~ouctORS SHAll.. NOT CO/,1E IN CONTACT \VITI1 TME SLAB OR 'OWER EXCQ1'r AS O(SlGNA1EO, 10. THE: UTILITY NEUTRAL/CROUNO aONO IS TO SE' MADE tN THE Nf.1ER Oft MAIN DISCONNECT SWHCti. NOT IN AiS. 11. All. EQUIPMfNt SURfAt.'ES TO ilE. 6()Nl)f:O 10 CROUNOINC sysr(l.l SHALL aE STRIPPED Of All. PAINT AND OIRT. CON~ECll00S 10 V.-.AIOUS .tEtAlS Stw.L BE A fl'flE AS TO NOT CAuSE A CAt,vANIC OR CORROSivE ROCHON AREA S~L BE REPAlriTEO fOI.LOWlfolC BONDINC. f-- c ~- B A HALl. ...RCHlTECTuRE BOTHELL, WA PHO PI'lO R&1 PtiOPHD~ By CHK APP'O DRAWN 91: PHO CENERAL. NOttS ~ Oi't..Wi~;ecR WA- TAC394-C- N01 "" o . . ...o~ ( Ie -~----~----------~---------~-~----~--~---------~~-----._~-~---- ehl!l ,." ;;'~ 1t~ a 'l'fM '3 I: OO~ 'N u: dM.1 '0 038 A3AIJf1S 311S ONlLSlX3 l>6I: OVL-VM )fWd llOO<l8IE01V' W..oUIO(O ......n,""o _,:s;. 0...... ::!!~ ~~~~~ o Ot ()~ pueqpeOJq SSal::lJ!M aJ.MJeal~ SNOISIA38 =-~-:.-'=::.._.:.==.:.;.=~ ~ ... ~ S II; tl .::;: ~~ f~ "',::... ~ 2 . ~ ~ ~ n i ~ · . ~ ~ - ~~. ~ g ,~!~. ~il;; ~ i~~i :; 0 -~. ~ inHi!~~.!P!i~~ iH!~~L.!dmU mh~i[~~~ ~Hi J,iiB~~~ ~~ H;wi !~~.n~g~hd~~n~~!~Hh~~g;~~~~ a~H5tl~W.~.~.~.,. ;:~d~>"-~iji- .':. :....~; ~""~gi9.~Oj!.~ <z-~ '3.25lj! - ~ 'i ."~5~~"2 NO,- "<. '.0 a:~ ~iHH~hbh~H6~~~u<<ao.' ''l ~V'.,$ ; ~ "i;~~ z ~~~~'iI~ '~a~ i'a!~ o~~ l!:a 111111111'11.1.'111 .~\~g" '2."..O;;~u..o",O~ '.: ~.~o:'_ . fa.. .< -...~ F --~....-. "_ o. - . II ~ Ii ~li>;!" n 3 ~ 'i!<<~. ...: is ~ .. ..." n:; ili~ . 5'" ~ l ~ 02 ...'=' Z... ~",...l!! :::E -' ~ 'Z~ ~'d< Q \"1", '" L . I I I ~ ~~ H ii i P q:ri~ ~. H i qn!~ ~ ~P;j ~ jg n~~- g;~ ~! ~ . 11 111111' I' ,III i ~ i ~ ~ i :; :; ~ ~ ,~~ji~~ ~ i aU ;~~J iir~! ~ ~i ~!99! ~ ~p '\~ ~~~ ~i ~ II1I 1 "I\@}"S""1"'8.~:'-~ .~~ ~ ~~~m~.nml:H~,~ ~. ~di ~~n >-h; tt:.1~ 2M~ ~~~~~ !~~~ K~~. , ~ ~,.of ~ ~ Ii 5- ~ ~ i~ ~~ I ~g i~ ~ ~g · ~~ ~~ l!~; ~ "H ~ ';! s") } i~~ .~ : ~i i . i~ ~~ . ~< E~! iij n: i ~ W ;; :. ~~ 11 i ~d g~. ;!l ~ ~it' lia : ~~ i 9 I~~ i~~ : Ii; : ~~~; ~I~ 1 1I~. ' ,,~~a ~ -!- i =" j ~ aa ~ ~"3 B a3 ~ . .'i~' nj ~ ;h :. ~ ,~~~~ l'i <il ~~. 3 'lha~ ~ it! ~ li; ; iii:i~ ~ ~II. ~ ~~I ~ ~ ~m~1 ..J ->~ - w ;1;';\ -z -:::- ~7' ~~ i \.! ". ..".I ~ ~ ~' . ~ . . ...S....yISIC / ~ ~ -' ~~ a. w: d: "- ~ " J i - . ( ti f 1 ~ . ~ " ~ . . . i. 1 '. ~ , t~ ! . L ~.. .~:: ~i~ " ". I . " /~i I ~ / . ~~ " \ /1 . 10\5 .~\( l5l<: ~ __r"" __:_ii//__~ _ / I ~ ~i 7\TI'" ~ ~ \ -:~------I--------'- e/, ',) \" \..', · ~ ' '.')l ' \ \ " L ~'''-~:~~l//i .~ ~- ~,"p -"l;.-;- - -- - - - 1 ~~I!u~: I ~ ~-~ <,'ii. ~~1lI I ~ ;;I""pw F ~;" ---t ~ G; ~ ~j! / ....... ~ ~i I /' i \ ~ I I ~ ___~._____I I ~ I I I I ----..,.",~ 1 _.(~~~ -j ----' "- Q Z N N '" ORD# ,PAGE 22 55 o ~ "It: '1:l ~ o tTl N VJ U1 O'l . J) I \: .:: =-'-"."'''-0, '..----.,..~~<>.~--,...--..o., ;i-4-- ! - -- -~'---::::..::=.:_ -,--- ==--- - -=~~~:T-t~~,,==----'~;;;',,7r--'-'- .-----.--------.----r.--~-.-.-.-----.-.- ." __I,;_:,J r ~~~. " __\ I /" ....." f / ~-_---_--------_~~1:\'\'_---__ ____ ! ! '\ "'~ Ii'" ------;- I ~ I \... a3~~ij' ........... i"OUtil.1 j/8" 8<<:ASS PiN /1 'i o:.25.CO' "'--nllh PUNCh I~ i~ /) ; :1 I COr~CRET. t POST I~ C,,:;t. . ,../ -I'." J DOWN 05' NCO'S7'S3'l ./' I II' I .5H-/ " _ _ _.. ._ _ __ .J _ ... __ _ _"I r Njl"./n.n. / I -~ i t ,~' I '. ~ / I' ~ ~ ~ 0 . " , . j: g l, I L, · o , t;~';~"O' / : ! .-- '---.- ------~ r-- -- -, -- -- - - 1-- - -- -,r I I I I ! I I I I I I J_ _ IH ALL I ARCHITlC1URE Norlh Creek OI/ice Center 19119 North Clctk Purkr1l1. Suile 105 Both.., WA 98011 ~h: (425) 415-0745 "" (42\) 41\-0799 6 .1. __. REFER TO ARCHITECTURAL SITE PLAN CO 1. 1 ~~ ~~ PROPOSED CLEAAwlRE NlTENNA AAPJ"r ar: MlCltOWAvt DISH f\.USH MOUNTED ON TOP Of . PSt 1lEPLAC9l00 IlOOO UT111Y PClE (txAC'T LOCATION Of' R!PU.CEltOO POI! TO IE OElER""NEO BY P5E) ~- ~S' ~ (}._._~r::LE~.;C:-;[ ~ISf~ PARSON5 clear w're@! l~JO WESTlAKE AVf.. It SUITE 600 SE:.drLE, WI. 98109 5808 LME WAShINGtON BlVO. SUiTE 300 KIRKLAND. WA 9603) I l / I I ~I.OIJ 13110}~lOt / .01' "f.c.c;. , 9~:iJll I I ,j ~~/:e ~" ~;j I I / I I / Q,'<:i'.JC;/ ~' ... \\"),di " " / " //" 1~\.{){ , '.~1\Q}~'.~1 1 t I N 1>clO; ~etfl11 CR,IoPI{JC SCALE 1-~.' U-- 'r T ~~"_ j)VERALL SITE PLAN SCALE 24.;56: 1...50' SCALE Ibl1, '..100' ALDEABAOOK IPSE WA.TAC394-C 2 03- f~-07 fiNAL CONS"i'NUCTtON' oocU:MS:-iiTS 1 12~22~.06 f1REUMINIIRY CONstRuCTION oOCtJ~ENlS NO. DATE REVlSJUWi SCAl!; ;.s SHOWN [ DE$IGN(O BY: PHD 1901 Sw 320T" StRR(I" Fto€RA1. WAY, WA 9802J . LEGAL DESCRIPTION ~or I Of ~1Ii1'; L'<.\I"'O ~,o.u 'lAI xii 1IlIOOt1. J..CCCft:lmC TO lrll $I1(J.1'~AIRfCOliQ(DVNC.lJl~IN:;CWjtr 1l1COilU;Nfil<Wa[ll6ol11~&6.SA.I'~I....A1:t1.'IH(;^ PC<<lION (!i fill: kllIHII!ASf CIJ,<,flIt.1! I)f st:~l;()l.j lJ. IO"""~"'" Zi w.:ltll1. tlM(( J [A~;"',~ of; ""IU <:"".~IT. WASllitlCllm EXISnNG._L~OEND _ _ _ _ !uli~(t ~OI.N)lJh iA~ . - ~ - - -1\l(11!-l)i-w,\T C~~;(P.ll~jt -lUC"'-O~.w"Y ~Itlf AtlJAClMl eOI/N'J""" 1.;t-;~ ~Cl;~'ilu.lIJl(......:N~l';', O",iiti(M) PO\\(1l .n...: -'-ll",Il'WfII,)Ol(fIUl.L ll",JR'~;> w-S ll,.( wthl'it.;l 't...ir-I'l~:..c lUI( -..!-_.. lll/kltD lI\(PJI:lfj(U~[ .._. tWItl(1l Mii.>1U>t! e"'If'rll SA.\llAlfrU71l11 ;,vaIlDS1~'IOll"';j illIC"l/llEil\~\JHI:. IIt/1,;ll KEh'fll/'l(; ,,~.~ ~~CCf,\I\O!'l UHf. ----r.hA...I~fittC( lIL'l.'O fi.M:~ ..---,. UAR!ltLO llIH(~ii"U.~'( r:;; llf"'USH,lldl1 -;> roAt II!MA/lt ~ l.!01i ~!MU^,IJ ;<~ CAli: \'A\\{ (!::J ,II~tot~ YAUI,f b MI~R ",mil li~ Ul'I.lTf OCl~ .n (IRE SIN.o f>tpl 10' ullllly I'C.\! n C"f~'h tl^~,'I, h~E I ,(.\t CUT y~ ~;. tAlCtlItAi;N, In'( ~ ~l CAS >'J.\.Yl .:. SIC,. !~ CA" !.It. i;J; liO".,LAr,O I:'.' lEl(P~II( ~^Ulr l[Lif'tlCH(IlIWI ~Olni.'M"',m I to C;-tl(ilA!. :'olfI. .000All\.~1 I. 'i\ ;:; .,,~~,~2~~_l!_ _>=='"""j ';';,.;'. ....,H-~~~= ;i( i ~:~I - ~'-.~ HAI.L ARCl1rtrCTuRE BOTMEL.l, WI. PHO PtiO RaN fiNO PHD ~' BY CHK APP'O QAA\vN By: PHO lMlWJ. SITE PLAN DRAWING NUl.ltlER WA- TAC394-C- COl . o --1 B 10) ~) A !!f!. o . o E3 =+l:: ""0 ;:t> a tTl N +:>. U'1 -...J ~Ik _".d.,n..._ __ ..... ... . /,." .;.,.......-CI-';;:....."O....._.~"...,,-..'O...~r.:..~ ... -;..-__ ~ -_ '... -C--,_-::' l-"1-- --~ ---- I ' I ~=~:~~.--_.__.- -'.. _..~.t~- _.~._.-;.~';'7;._._._._._._-_._._._.---.1-._.----_.- -.-.-.. , 1: \1" "I::_______________~~tw 1 "'\ .... ------- - \ J ......... 76007 ---------,- i ' .I " I ~ I ~ I \ ~'''.''- ......." [OJNO li'" "ASS P11< .-//1 . "'2; CO' ...........l'l1 r~1 f'UoIlCII IN .;" ,/ i J ~ I (;t.JlKkEiE, r;os I ~~ CASE. , .. . ./" , f..' I I OJWN 0' '0"'; .lE,. ./ I' I 4~ g;~ -'" " i .' I I "",,-,,'E / ~i I.: I 5~.~Ij', I ~I '. I I ........, ;,i i / ,.., 'I "j " i i I i i i I I 111 L, ~., J. ' #. 'J / ~ ,.-', 1- tj-'''''< ~~ J/ r - iGI'~:,' ~ . n" i"i~,i, .YI I' / I ,_,,- -.-.-.-.-.. ':~;"::U, s~:r~,:+!~l,'ff; ~'LI III I' .o' I .--....-', :..1.1: 'I! "lr:.'.i .r:',: ,'f:i.J''--:=~~~~"''::u~~Yl~ q " : ~ OF A PSt REPI.ACaIEHT WOOD L1l'IJTY I , .. ': ,!..J PCL! (EXIC ~110N or REPl.ACD.lENT ii J :~,; ~~ ".r ~ POLl TO eE orn:AWINEO BY PSC) I " f"" 1"1 (.I a. .' I '" I' ~ [ . 0 1_: r" ."D''-'!; /,.-'- 1 I ",'''''10'( .- ~"OD I ; 6~I!O' /"" I I ;' -- , ,- I ~L,\-____-'-- - r - -',- -- - - r I I I I I I 1- I I i I _J _ _. _ _ L_ IH ALL I ARCHITECTURE N,lih Cree, Oil.. Ceoler 19119 NoM Cree, Pork"" 5",. 105 Bothe', WA 98011 ph: ('2S) .15-0745 I,,, ('25) 415-0799 6 .J __. +.. ---1 I REFER TO ARCHITECTURAL SITE PLAN COl.l PROPOSlD Cl!J.IftIlRe Sl1! SUPPOf!I C/.il1N!:l WOONTt:O ro . CONCRm SUB ON CIWlE WI1NIN ~ ItNCl:O I ,', 9' LEASE AREA I .:::l:!:..- (E11"'CE I I .J , ." ~~ , ._.._-_..4---L--;N(..~~'4i~:~(.~N'~::3i., iit)~!. 1.1' , I ) Q--. ._..~~~~~1~:~( PARSONS clear w're@ I ~JO wESTW( Ave. N. SUITE 6uIJ SEATTLE. '/fA 95109 580tl l.}J(t WASHlflCl0N BLYO. sum: JOO KlRKL.AkD, WA 9803.3 5 . WL01i \J~\O}~lOl i.L/~~ ;~;r)11 , I ,/ // _.p,..\l~ ;SCu\7 ~{.~ . GN..l,,orllC SCALE k~-.........'Y ~ ALOER8ROOK IPSE WA.TAC394.C 1901 SW J20-fti SfRREI f(()E!W. WIi.'f, 'if,," IJaQ2J I I / I I / , j E~/~ ,~/::; '/ - I I / I I / 1M ,0: , 1~11oJ~11J2 OVERALL SITE PLAN SCALE 2111J6: 1-.50' SCALE 1 11.11; l~_lOO' LEGAL DESCRIPTION L.vfIOfiUlIQ~h~lh"tNO.jUI0CJ11.M:CCH'...v<<l 10111t~'P\."l!1.(CflROt:i)V/'fU~KItfCCC\HII'I JI(Cv;(()-.~(j !'N!.<:i(f1 1IOIiI~li6, SAJ;>$'<O~I i'l,AfllOOC ,\ ."OIU1CN ('f IlIi Nottlt<lA51 OUf.kllR or sr.:'i;O.~ It j,,~J'i~iP 21 NCRI,'!. lime;( ~ CAS" '/rI,l,I" i(; ,w~~ CCt.n.lt, '/1.~S'''HG1CH EXISTING LEGEND slIQJ.:.cr ilOtJ~O~,il't l.!!;~ ,.- - - - - i!1:tlH)>-~ll',U Ctl1WilJrl( - it.'tllAOi.WAT ~P'i~ At!,^~UilIlWl,)AAtlil'( t.,(CtIO/./IL,Ilil(MbC\\!,U'l[ J'<(fl.,(As:'PIJ'.u:xlII'\E UU"'~lI ;>O>'(R LfS~ avk;CO ~S ~1o'I( O'i':it.'>l^OICl(~:;"';'.II.I[ 8UIIIW Ihfl'..(.T/[u/'I( IJl,l,llUI \'/"i(~ u>j~ -----&I,lRI(DSA.-.t""':Killl1 ,~_.. {sUiIlEII SICIlIA 1}f;,o\;N ... ;;.tl'il ut<[fl"~Ow llN( ~XI\i(li~i; '/r^~~ ~tClUAlt()N ul\l - - - --- ... CUAlN UN/( "~I'l<f -'-_.A-"t.'t:<Xlfi:i<(;!: ..... ---- - !iAl(l\;'O ""lllllMlt~ fEI<lt jllHlst'(Xl~(.~ '( rlll~ 1!T\:flANI It IJCtll SlAH\lAA.. r: (,:...1'[ "'A.~( )'''': l'()tI,(lC...AUd !II to"l(klolmil ([; UllLlrr~O.. j., rut[ 51,oJ,D I'll-I' Uli.t~f HA,( ~t eAlell I:IA~:I, nl'L I PC:U till IlIRC ;; CAlCH &"~l/I, IW( II ~t CAS ~1Il.\" .. S,;to c..~ IlI,U:;1 6,)~L^"ij ItlEPttCtlE ~",,".1 iAAIL ~L>~ !(~(I'.w'" n,$(r, S~OI l~H,,';C'1I Ill. Crlj[A... :;,tl ~O~AnCl, I ~ ~ N tW.l ARCHITECTuRE BOIHELl, WA PHD PHO RBH PHO I"HO Rerl BY CHtC APP'O OAAWN BY: PHO O\>[RAU. SITe PlAN ~J!!!!~ WA- TAC394-C- COl .) D C '''' o ~i;!i -- ~;i ;= .... g.'tiot" $ t~t~ : '" '" ;1;- i-l ~... ~ ~ ;... j~ if $ ~ ;II /_-' 2\ST AVE. SW ~~ __-w,,:::-_..::::--..::;:.:::::.-- ---------- ---- ~--------_-:::---- .- (> . >> t::::. t>" l> (> - ~~ ~ ,----- ! .iI \ ~ ~ ~~,;::.- ,t<:::{ " ,{ ~ _:1\ ~,,~ V;:~l '------- B~ir-~a~'3<!. /--....f "'\ ~ . "! ,,' . ;><.... 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"\ ~ f' ~ ~ U' ~\ n\\!.U ~\~ ~}J ~ ~-. Illi \~ ~ b\U~ '" tl. ~ '--.. _,l 2 ! "l~'.!?ai'l 1 pi Y ~~ ~ ",\~.rl.~h ...'5 ~ ;<.~?'fY 1'\ ~~~ t "" ^~ 'tU; ~. tA l'~'('>.# V,1;" 't,. ~ .-J ~~('.t) \~ o .,., 1.>;,........ J ,t. ~" v- i _P '" . , . ~< ",. ~~. -;t-tf .. it !\ ~\ ~\ ~l f, - ~~ i .... ; Ji ,., \l\~ I;.~ <la~ .l~ ~!~; 8a"P; ~g l 3'~~ I"...t~ g~... I~~ Ii'oa (l~ .. g to o~ oRD # _______' p A.GE 25 58 . . o ~ =+t: '"'=' ~ tTl \'-J 0\ I @d- U'1 1.0 r PROPOSEO 4'-0" CATt ;1- 3 KCAIff Wty CJ.J,..V. STEEL C/\1E I ",HOtS 0"P) ,,' i'ALES 0YP- BETON'j- PROpOS~D 'HOOO rtNCC I I ! 11 WlfH POSTS .. 6'-0. O,C_ (TiP fl('l'OND) 0' MICA! GATE DEJAI\. \9 SCALE 1hl1~ 3/6"..,'-Q. SCALE '4lt}~: 3/4",.,r-O' IH ALL I HtHlTEctURE ~ol\l; ~.., olr.. ell'"' 1911~ HotU', C{tt~ P.;lfh:Ol. ~lf 105 S,''''".''' 9iO\\ ph: 142\) '1\-0141 ,..: (.2\) 4\\-0799 6 clear v./re@ PARSONS ~80a lj.)(L 'IlAStl\NCtON 8lYD SUITE )00 NR!<J,.."-NO. W.A. iJ.!lOJJ 1 ~)O WES1WC. ~vL t"( S\,llt( WO SfAmE. 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SERVICE ~()W(R TO EQUlPMLNT CA81NCT SHAlL BE 120j240\'AC, ,0;. S'HClE Plt\SE_ 2 CONtAACTOR SHALL COOROINATr WJ(H UlIUlY COMPANY BErORE IHE STARI or COl<STRUCTON_ POWER ",0 TnlPHON( CONDUIT StlAlL af PROVIO(O AND INSTALl(l,) PtR. uTILnr ftWUtREtdENTS ANO UT1UTY. ~ AU. SERviCE EQUIPMENT AND INSTALlATiONS SHAll. COMPLY WITH THE NX.C. AND uTILITY COMPANY AND LQC,A,L CODE RroU~E"Ellrs_ 4. L()S5 or powtR R(l..'-"S (J.Plb) wlLi MONiTOR vnuTY PO'fl'ER. CENEAATOR 1 POWER ,\ CENeRATOR 2 POWER. It'Ht SW.U ISl LOCAU.IJ WllnlN NEW. Jk JUNCTION eo;\:. lP/l1 5rlOul.O at MED '0 [UM\tVITE. T\oIoE filS\<. Of " LPR l'AULT/fAlLUftE CAuSING lHE: WIIN POWfR ruSES 10 TRIP. UTliJT'r-I'20/240V H'H>SE,'" '. :. ~ ~~5g ~; ~al " 6g~5 ~il I ~ I')~..d!! #..!: F --~--'--'-'7----' -, ' CROUND CONDUCIOR -' ~ifg =='iTE\f' '2 SQUD TINNm wr ,Iifll-I" COPPER U- ~i 5/e-, BY 10' LONG.........---- !I C10UNOOfC ROO ....t . 10' DC, <lOA CIRCUn 6RtAKER 3-13 ., 1-/) \lNll IN 2- CONoull (?)TEST wEll &, GROUND RING DETAILS N,i.S. . ~..........'.....~CUMPAC1EO r<L ---~--,-- .... .hKh--r,\U,----u~--- CROUNO ROO COPPER ': \ ' C\.AO Sm:l 5/8.hl0'-O'~:_.'.: \ 62 AWe scw SOUO LONG, 10' Q,C (1lf'.) " liNkED &\f(( COPP! '" GROUND RING '\ ~CADWELD CONNECnON '5' GROUNDING ROD DElAIL \21 H,B. (..CIA 120/240'1'. l"PI'tASE, )W ()1S'TRleUTION PANEl W! \NTEOAAIErl \WiU,,- IIWlSrER SWITC" ,,"0 !oIC POWER MS (PROVlOEO wITH OU1OODR POWER CMlINrr) r-------~ J- r--......,.._..~ : , .' ! I .. ~~_ + ~~--.-l -';~-'- "'-- - -..-......../ (N) 40 AMP, / \ ,~~ 'h___----(N) GlfOUNO ROll 120/240"' (N) PIGtAIL fROM CROUNO ~ ...._"\ ~c_ '<f" ~ l-pI"IA.SE EI.EC, BAR ltt lELCO SOx J-o-- 1; ~ - I --. __ 1 0 I ME.1ER CROUND RlNC USE-c J.. . I -+-___ MECtWllC CONtlECIIDN : ~ ,/ 1 -,~ l ---(N) PlC1All. FROM (N) GROUND J / r SAR 'N mCo sox TO (HJ (N) MECHANICAl : /' ~ GIlOUNtJ RING 8Rr1~E:'~:~~~ )"" 1 [ TClCO BOX AND TO niCH : ~ CB th2 1~~~1.l~~P~ES; ~ ~ / ~ IJOUlOTrJ! CONouH ~ / r '-iN) Cl[ARWIRf CROUND : I RINv TO at CONU~CTEO 10 ~ I r (E) lOWER CHOONO ItINe :/ ',,' @ .i\ "-'\' EO\ I I IN) ElEC1R~...-/ (N) tt{ttlW.l SIt\. \ CONOUCTORS SUPPORT CABWl1 ~~ / IN 2- SCl"!, 40 PY<: (sse) GROut-iD BAR "'_,__~,___,~__j__~""__)~__'/ CONOUIT \ \ -.- \ \. (') PIOTAll FRO" (N) SlAfJ 10 CROUNO RIMe (I'rP OF 2 PlACES) \-{N)T(Sl WElL'fU Sf.(NQ'((S ~ '1' EQUIPMENT GROUNDING PLAN (SCHEMATIC) ~ N.r.S GJ SINGLE LINE DIAGRAM N,T.$. ."'.......... (N) DISCONNECT LEGENDS: @ o GROUNOROD TEst wELL . MECHANICAL CONNfcnON (DOUBLL ~OLE lUO) 12' Jo. CAIl'IflLO CONHtCl\QN ---~G~-".- GROUNDING CONOUIT @ OPTIONAL MElER AND TELCO BOX OETAIL N.1.S. IH ALL ARCHITECTURE NortJl Creek OtIi:e Center 19119 KOrth Crel:k P<Jrk.1I',"Y, Suite 105 SOUltIl, ViA 98011 ," I'll} ,\I-OJ" I." (411) '1'-07l9 6 clear w're@ 2 D)- I~-O) fINAL COHsIR\lC11ON OOCWOOS 1 12..22-06 PR~lILlIHARY CONSTRUCTION oocuwf.NTS tlO, \>I.lE. ~IONS SCAlL i'S SHOWN I OESIGNED aI, PIlO AI.DERBROOK IPSE WMAC394-C PARSDNS 5808 LAK( WASHINGTON BlVD. SUllE 300 <IR<WlO, WA 960ll l:i30 w{STI..AKf: AVE.. 1'- 5Ult( 600 SEArrt!, WA 981"9 1901 51'1 J20tH Slftflt.l fLOEfW.. WAY, ViA 98023 0'2' .' ~ ')~ I~~~,~ 't<<'f ~ UNOtSTUR6EO SOIL ~ ~:,,,- ~ "- U11HN IHMHtll4C f,<1J,.. IAPE ,...\~ ~ '-COMPACTED SfLeCT ROCK, FREE BACKFill (SUlfMlLt ON srrE t.lAIERIAL) OR SAND OR PEA CRAvEl DEPt:NOINC ON. SITE COt/omoNs SCtltOulE 40 f'VC J rOR E\JC1T<~ "'" fElEPHONE CONDuITS (]CONDUIT TRENCH D[[AIL N,r,S. tW.l ARCHtTECTu~E SOTM(\..l. WA. PI10 P'ID R~H PHO PliO RSH 'ey CHI( 1I'P'O DRAWN BY, PHO nEC1RlClL/GROUNOINO PLAN & O!lIolLS ORAWlNC NUMam I R(v WA-TAC394-C- E01 0 2 o C A EXHIBIT 1'B1' Bond #08857088 Loc #W A-T AC394C CITY OF FEDERAL WAY PERFORMANCE BOND FOR RIGHT OF WAY FRANCHISE AGREEMENT KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Clearwire US LLC, ("Principal") and Fidelitv & Deposit Company of Maryland, the undersigned corporation organized and existing under the laws of the State of Maryland and legally doing business in the State of Washington as a surety C'Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of Sixty Thousand Dollars and no/lOO ($60,000.00) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated 9/l8/2007 to occupy rights-of- way of the City of Federal Way, Washington within the specified Franchise Area for the purposes of installation, operation, maintenance and repair of its wireless communications fixtures and related equipment, cables, accessories and improvements in a portion of the rights- of-way within and through the City of Federal Way. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within the period not less than: 1. the term of the Agreement; or 2. two (2) years beyond the completion of final installation or construction by the Principal pursuant to the Agreement if required by the City; whichever is longer, then and in the event this obligation shall be void; but otherwise, it shall be and remain in fullJorce and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on ORDff , PAGE 1 62 . . . . . ,'. thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shaH make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shaH notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. ' DATED this 18th day of September, 2007. CLEAR WIRE US, LLC By:C- <-. ~ (Name of Person Executing Bond) Its: John A. Storch (Titi\W. Network Deployment Mnn &t1H~ ~D\Vd- ~It~v&{)if{k QrOj3 (Phone) ORD# , PAGE 2 63 STATE OF WASHINGTON) ) ss. On this day....e..ersonall ppeared before -me , to me known to be the V f-" of Clearwire , LLC that e ecuted the foregoing instrument, and acknowledged the said instrument to be th free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. . COUNTY OF GIVEN ~~~\lMtlijfficial seal this . ~ ~\... NESS " .:::' 0~ ,,'\\\\\\\1\1'1"1 ;fll = ~ 4.S510N 1/111, ~'l = Q! l:~' (: TA +-0'" c.:~ ::; fel ~.. "t>.t.. ~,,~ (jl~ - ~() rn~ ;; ~ ~ - . - w-:' ~ /. . -;. :; ~ ~ ~~ '0, r. =::: ~ " .'JRL\V =~- ~ 1',)\\ ,9, ,. -:-.,,~ ';:-'::-0:- I, ~ '~ . ;:J-V ~'" _ 1'1 O;lllll\\\"'':'~~(,':::- lIlt WAS~......"''''' ",\"\.\."",, (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ~/14 }01 CORPORATE SEAL OF SURETY: SURETY Fide~.. po. sit Company of Marytand By:' . ~ - ;;0; Attorney-in-Fact ~. . (Attach Power of Attorney) . Kathleen M. Mitchell (Name of Person Executing Bond) 601 Union Street, Ste 3400 Seattle, W A 98101 (Address) 206-892-9200 (Phone) APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ORD# , PAGE 3 . 64 . t. . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FlOELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e, des by nominate, constitute and appoint Kathleen M. MITCHELL, Jenell TURNER and Debbie of od City, California, EACH its true and lawful agent and Attorney-in-Fact, to mak ~ . behalf as surety, and as its act and deed: any and all bonds and undert o' ~,ecu or undertakings in pursuance of these presents, shall be as binding upon s . ~l d\3fi16\ ~ I' ents and purposes, as if they had been duly executed and a~knOWled ~ y ele I~I ompany at its office in Baltimore, Md., in their own proper persons . er ~ ~ . e on behalf of Kathleen M. MITCHELL, Jenell TURNER, dated April l3, 200 . ~0{!::J:Y 'The said Assistant ~;s\t\e'd:6Y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Uj1~d Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FlDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2lst day of March, AD. 2005. A TrEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND It .1 (,' / . '/ /'t t- i!/ ~ 1/'-11 ~/),~ / By: Assistant Secretary William J. Mills Vice President Eric D. Barnes State of Maryland }ss. City of Baltimore . On this 21st day of March, A.D. 2005, before the subscriber, a Notary Public of the State of M(',ryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FlDEUTY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ",lllIIllll ~"\.c:-~~:.~::.I../I/// ~ ~","'. . ....1(_ ',. ~ : ',('l/.t,./~:; ~t{ ( c' 'j.,~ ,'i:t4 ,,:, ~*t:~;..~'l:t I(~.-<~\~: '~(~(.......~.,. " 'If .<:(l\t\.'\\\ IIIUt\\\\ ~D~ Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 65 POA.f 016-2128M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND . "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, . / 8 ;--)--. ~lti.s --1__ =___ day of e-." L ' 0a.fJ f<.4'J.-L-t1-<-~ , "Lg() 7- . fLit:; d1J Assistant Secretary . 66 . :. .. Section 25. Severability If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY Mayor, Mike Park APPROVED AS TO FORM: ATTEST: City Attorney, Patricia A. Richardson City Clerk, Laura Hathaway, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ACCEPT ANCE: ORD# , PAGE 17 67 COUNCIL MEETING DATE: November 6, 2007 r' ITEM #: ~~) \. I. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008 Asphalt Overlay Program Preliminary Project List and Authorization to Bid POLICY QUESTION: Should the Council approve the 2008 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the design and bid of the proposed 2008 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 15,2007 CA TEGORY: ~ Consent D City Council Business D Ordinance o Resolution D o Public Hearing Other ~!~!:~_~~2~!_~Y:_!YI_~~~l!_~~J.!~~R~L~~~~~X~~<?_~~__~~~~g~!:_____Q~_~.!_~_~l:!~!i~__~!l!~___._._______..______ Attacbments: LUTC memo dated October 15,2007 Options Considered: 1. Approve the list of streets for the 2008 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2008 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2008 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modifY the preliminary list and return to Committee for further action. /....... ___~:_ !ak~_.!!.()_~~~ion.and provide direction to staff.. \ __ __ _ n____ ____ ____ _____________________________________________________________________________________________ _ ___ ___m________ _ _ .____._n___._____________._____ TAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ Coounittee DlRECTOR ApPROVAL: t:4Vl Committee c~p."t Council ' COMMlTTEE RECOMMENDATION: Place Option Ion the November 6,2007 Council Consent Agenda for approval ex eu.sc cL. Jack Dovey, Chair ~tii~ a Kochmar, ember PROPOSED COUNClL MOTION: "[ move approval of the list of streets for the 2008 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2008 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2008 Asphalt Overlay Budget to the lowest respomive. responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVEO o DENIEO o T A8LED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 . COUNCIL BILL # I Sf reading Enactment reading ORDINANCE # RESOLUTION # 68 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: October 15, 2007 Land Use and Transportation Committee Neal Beets, City Manager . t _________ Marwan Salloum, P.E., Street Systems Manager ~ John Mulkey, P.E., Street Systems Engineer~ 2008 Asphalt Overlay Program Preliminary Project List and Authorization to Bid . BACKGROUND: Public Works staff has developed a list of recommended streets for the 2008 Asphalt Overlay Program. The total estimated budget for the program is $2,470,267 and is comprised of the following: 2008 Proposed Overlay Budget 2008 Structures Budget 2007 Carry Forward (estimate) Mitigation (estimate) $2,024,000 $146,267 $ 250,000 $50,000 TOTAL FUNDING AVAlLABLE $2,470,267 The $146,267 from the Structures budget is for the City's annual Sidewalk Maintenance Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. / \The following is a preliminary list of Streets to be included in the 2008 Asphalt Overlay Program. The streets . \,./ were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRlPTlON A I st A venue South B S330th Street (1 sl Ave S to 7th Ave S) C Westway D Alderdale E Crown Pointe F Alderbrook 1 G Alderbrook 2 H 21st Way S I Twin Lakes J 25th Avenue SW ESTlMA TED SUBTOTAL CONSTRUCTlON PROJECT COSTS: 10% Construction Contingency Pa vement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: 69 AMOUNT $187,100 $265,500 $282,800 $511,800 $137,700 $208,800 $222,400 $105,100 $155,000 $10 1,000 $2,177,200 $217,700 $30,000 $63,000 $110,000 $72,000 $3,500 $2,673,400 . AA>ctober 15. 2007 ~d Use and Transportation Committee 2008 Asphalt Overlay Program Page 2 of2 The estimated cost of $2,673,400 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in-house design and construction management, printing and advertising. The 2008 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is February 2008, with construction beginning in May 2008. k:\lutcl2007\tO-154>72oo8 Asphalt Overlay listdoc . . 70 i \, ~ Puget Sound A - 1st Ave S IS/. 8 - SW 330th St ~C - Westway lil 0 - Alderdale ~E - Crown Point N F - Alderbrook 1 ~ G - Alderbrook 2 ~H - 21,st Way SW \''\./. I - TWin Lakes -N, J - 25th Ave SW N Streets D Federal Way City Limits VICINITY MAP POTENTIAL 2008 OVERLAY PROJECTS Map made by KCM 71 Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy ,ift . . N W*E s Map Printed-Oct 3 2007 . ~ S 32~ S\ <::( Cf) C\I ~ S ?J29 PL ~~ ~ (' SW 330ST S 330 S\ ~ ~ . Map made by KCM en --I c.. C'0 S '3 if) LN ~ C\J CT ~$ NCf) Cf) -I a.. 'T- 3'll<<'v ~ 1st Ave S "A" Potential 2~08 Overlay Project N W*E s Map Printed-Oct 3 2007 72 hical representation only. -. ded for use as a gr(y as to its accuracy_ . This map IS Inten akes no warran Note.. fFederal Way m The City 0 S en .:> <:(' co 328 8T 0}b /' it~ co en t; Co~ ~ ~ ~~ '" Map made by KCM S ~3 (;- <:(' ~ CO s~ &> 0) 8T > oo:::t<( ~ 8W 331 SW331 8T ST > SW 332 ~~ CT 333 Sr 8W33 CT 8W 334 CT c[s l!') en ~ CI) ~ <(' l!') 2PLS'-N s -,if) (L oo:::t S en &tt.-- d3B SW 330th St "B" Potential 2008 Overlay Project 73 <( '" SW 324 CT cr C\i :?(s '" en en ~ ~ 8 324 PL . en cr ..- 321~ S 328 S\ S '329 PL S '3'3'\ ? . N W*E s Map Printed-Oct 3 2007 . Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. . Map made by -KCM SW 3,] . ~~r SW 334 PL Westway "Cn Potential 2008 Overlay Project 74 s U) --I CL o N N w+, s Map Printed-Oct 3 2007 Federal Way CityMap - - s a graphical representation only_ Note: This map IS In, !;;f1ded :~~~~~ :Varranty as to its accuracy_ The City of Federa vvay m SW3 '" SW 334 PL S: (f) ....J a.. ("t') ("t') f- U 1.0 ("t') ("t') S\t'\ 336 $T . SW 341 S1 > SW <( S 25 P\.. S > ~ 8W 338 N <( co ("t') 81 N N _ SW 339 ST Pi SW 341 --IS 0- (f) 8 N N 342 8T . 8W 342 S (f) ?( ("t') N 8W 344 8T 344 "<t" -J 8 S N 0- PL (f) 33 8T s (f) > <( -.- ("t') W 340 8T 340 PL ("t')> C")<( S en 8W 342 8T g SW342PL --I S 0... (/) C") C") ~><(s ("t') (f) SW 343 PL SW 344 5T S Alderdale " 0" Potential 2008 Overlay Project N w+, s Map Printed-Oct 4 2007 Federal Way CityMap . 75 Note: This map is intended for use as a graphical representation only_ The City of Federal Way makes no warranty as to its accuracy_ Map made by -KCM 2935T S en s CI) > <( ('t) 8W 298 PL a.:~ N s CI) ~ N 5 293 PL en ~ ~ 5~9JAc PL s CI) ....J 0.. N 8295 8T 8 296 PL (/') CI) ~ ~ ('t') ~ S 8 297 PL 297 5T CI) > <( N 8 299 PL 299 299 8T PL ....J 300 a... > CI) en ~ <( 5T ~ ~ N 300 L (V) """" I-- 301 301 ....J 0 ST 0.. N ST S DASH POINT 0 ^~ ('(9 $: CI) ....J 0.. N s CI) s S 302 8T CI) 5W ....J ~s a.. 303 N (j)S S 5T N (f) S ~ 30 (f) U) --' N Crown Point "E" W*E Potential 2008 s Overlay Project Map Printed-Oct 3 2007 . Map made bV KCM 76 Note: This map is intended for use as a graphical representation only_ The City of Federal Way makes no warranty as to its accuracy. SW 321 LN .N 322 8T $ . ~ z S ~ $ S~ ....J ~ en <:) (J) ~ 322 N 322 PL (0 T- ST '~ S en (J) > SW 323 S1 S <( ~ en ~ $ s ~~ ~ SW 32 en <0 en ~ ....J > a... 8W <:) ~ <( N 8W 324 324 . C"J ~ C"J "I SW 325 PL PL O~ 326 SW ~0 8T ....J 326 0- eo CT ~ S (f) -....J S 0.... 0> (J) ~ N Alderbrook 1 "F" W+E Potential 2008 s Overlay Project Map Printed-Oct 3 2007 . 77 Note: This map is intended for use as a graphical representation only_ The City of Federal Way makes no warranty as to its accuracy. Map made by KCM ~ (319 PL >- $ '<:t ~ SW 320 PL s'f'l J1() I C\ 322 ~ST l.() -.J ~ 0.. 'O~ '?J'l.'\ '0\ t?~ 0~ J- (.) . Map made by KCM \1PL<.r ~ ~ 318 PL ~ ~ SW320 PL SW 322 -.Js a... en S ~ ~ en -.J S 0.. -.J N ~s en ~ ~ (f) ~ ~ ~ SW 325 PL S en > ~~ Alderbrook 2 "G" Potential 2008 Overlay Project 78 /PL 3 J'\~ ~'- \ 319 PL SW 320 8T ( I S en ~ co S en .':::> <:( Q:> N W*E s Map Printed-Oct 4 2007 Note: This map is intended for use as a graphical representation only The City of Federal Way makes no warranty as to its accuracy_ SW 309 CT '\ ,~ / ~ )1?~ ~ Map made by KCM ~ N . SW 307 8T en ~ SW308 PL r- --I 8W ~ 0... 3098T SW 308 PL SW312ST · S en ~ ~ ~ N w+. 21st Way SW "H" Potential 2008 Overlay Project s Map Printed-Oct 3 2007 . 79 Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. a.. lC) "'=d'" -. Map made by KCM 322 ST 320 PL 321 ST ss (f)(f) --' --' CLCL ('i') N ~ ..q 323 ?'v <<~ 0) ""'" s~ '?,\ 1 51 > <:( ~ 8W 320 8T --' CL ~ > ~ ~<:( ..q ~ 1- Twin Lakes "I" Potential 2008 Overlay Project 80 '\ \ \ N W*E s Map Printed-Oct 3 2007 Note: This map is intended flX use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. 0>1-$ SW;A9 PL ~o(/) I- SW 0 ~I-$ . NO(/) ~ c:ry$ SW 350 ST "I (/) SW 350 PL S (/) SW 351 ST > SW 352 ST <( 0> ~ SW 352 ST SW3 SW 353 PL PL w z > ore '/00 LO w z ~ m 29 S NE S en ~ s\N ?{dJc s1 ~ N SW 355 PL . SW 3 6 8T 28 ST NE 26 ST NE s Cf) > <( 00 N s LU Z 25th Ave SW II J" Potential 2008 Overlay Project N W+E s Map Printed-Oct 3 2007 . Map made by KCM 81 Note: This map is inlended for use as a graphical representation only. The Cily of Federal Way makes no warranty as to its accuracy. COUNCIL MEETING DATE: November 6, 2007 [TE~ #:__?_<;.),r___n____ __.___ ____-,--'__.____...__._.._____......______.._...__....n.__._.._____.__.___'.___~..._..___..__.____.___.._______-.______.__....._.__..._________..__.__._ .-._-.-_. --...- - :;;.. .-<. , CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AG# 05-144,2005-06 Citywide Pavement Marking Project - Final Acceptance POLICY QUESTION: Should the Council accept the 2005-06 Citywide Pavement Marking Project constructed by Stripe Rite, mc. as complete? COMl\UTTEE: Land Use and Transportation Committee MEETING DATE: November 6, 2007 CATEGORY: {8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~T AF~ ~P~~T ~Y: gi~~_~~~~~,_~:~:,_~i!Y_I~~_!!!~_~~gi~~~~_______________!!~J:>!~_~':l~_!~~~~!:~~_.. Attachments: LUTC memo dated October 15d" 2007 Options Considered: 1. Authorize final acceptance of the 2005-2006 Citywide Pavement Marking Project constructed by Stripe Rite, lnc., in the amount of $74,747.04 as complete. . 2. Do not authorize final acceptance of the completed 2005-2006 Citywide Pavement Marking Project _ _ constructed by Stripe Rite, lnc. as complete and provide direction to staff. '.______________ ____ om ___ _ _ _ ___ _ _ _ _ _ _ _ __ ___ _ _ _ __ om _ _ _ --___________________________________________________ -- ------------------------------- -------------------------------- STAFF RECOMMENDATION: Staff recommends Option L CITY MANAGER ApPROVAL: ?ut1 !fYi. DIRECTOR APPROVAL: t!.4Jf1.. Committee ~ Committee (}tdrL Council COMMITTEE RECOMMENDATION: Place Option on the November 6, 2007 Council Consent Agenda for approvaL ~fWse~ Jack Dovey, Chair PROPOSED COUNCIL MOTION: H[ mov 0 authorize final acceptance of the 2005-2006 Citywide Pavement Marking Project constructed by Stripe Rite, Inc_ in the amount of$74.747.04 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEOfOE:FERREDINO ACTION o MOVED TO SECOND READING (ordwallces only) REVISED - 0210612006 COUNCIL BILL /I I ST reading Enactment reading ORDINANCE /I RESOLUTION /I . 83 CITY OF FEDERAL WAY MEMORANDUM . DATE: TO: VIA: FROM: SUBJECT: October l5, 2007 Land Use and Transportation Committee Neal Beets, City Manager Rick Perez, P.E., City Traffic Engineer Raid Tirhi, P. E., Senior Traffic Engineer J?r 2005-06 Citywide Pavement Marking - Project Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract Stripe Rite, Inc. is complete. The final construction contract amount is $74,747.04. This is $23,258.96 below the $98,000.00 budget that was approved by the City Council on May 3rd, 2005. i j . K:\lUTC\2007\10.15-07 2005-06 Pavement Marking project - Final Acceptance.doc . 84 COUNCIL MEETING DATE: November 6, 2007 ITEM #: S' h .___~__..____.___~_~_..__.__.__.___.._ _._____.___.___"._______._..__._._._____________.__._.__.__._.___._"'_m"_.__ ..._.__.._____..._..__.....____.."___._.._.._. ....-.~' { CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lake Jeane/Lake Lorene Outlet Improvements Project - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed further with design of the Lake Jeane/Lorene Outlet Improvements Project and return to the Council at 100% design completion for further reports? COMMITTEE: LUTC MEETlNG DATE: October 15, 2007 CATEGORY: [8] Consent 0 Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other STAFF REpORT By: Paul A. Bucich, P.E., Surface Water Manag~ DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated October 15,2007. Options Considered: 1. Authorize Surface Water Management staff to proceed with design of the Lake Jeane/Lorene Outlet lmprovements Project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to continue with the project design and provide direction to staff. ~ - Staff recommends forwarding Option 1 above to the November 6, 2007 Council '~TAFF RECOMMENDATlON: '~onsent Agenda for approval. ClTY MANAGER ApPROVAL: ~ Committee ~~ DIRECTOR ApPROVAL: ~ (AttL Council Committee COMMITTEE RECOMMENDA TlON: Forward staff recommendation for Option 1 to the Vfw~. Jack Dovey, Chair i PROPOSED COUNClL MOTION: HI move to authorize Surface Water Management staff to proceed with design of the Lake Jeane/Lake Lorene Outlet lmprovement Project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. It (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o AFPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED -02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLVTlON # . 85 CITY OF FEDERAL WAY MEMORANDUM . DATE: TO: VIA: FROM: SUBJECT: October 15th, 2007 Land Use and Transportation Committee Neal Beets, City Manager Paul A. Bucich, P.E., Surface Water Manage~ AG 06-031, Lake JeanefLake Lorene Outlet Improvements Project - 85% Design Status Report BACKGROUND: On September 5,2006, the Council authorized Surface Water Management staff to proceed with design of the Lake Jeane Outlet Improvement Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization. On July 17, 2007, the Council authorized Surface Water Management staff to proceed with design of the Lake Lorene Outlet Improvement Project and return to the LUTC Committee at the 85% design completion stage for further reports and authorization, and to combine the Lake Jeane Outlet Improvement Project and the Lake Lorene Outlet Improvement Project into one project and combine project funding. At Lake Jeane, this project wiU replace the two existing outlet structures with a new single outlet structure, and replace the two existing undersized and failing trunk lines with a new 36-inch diameter concrete pipe between the outlet structure and the next downstream structure, approximately 210 lineal feet. At Lake Lorene, this project will add a new lake outlet system to augment the existing lake outlet system. The new system will consist of a new lake intake and a piping system approximately 450 linear feet to be connected to the existing stormwater conveyance system downstream. The project design is now approximately 85% complete, which includes the following completed tasks: . . Comp.leted topographical survey and mapping Conducted geotechnical evaluation of the site subgrade and groundwater conditions Conducted groundwater monitoring and evaluation Gathered existing utility information Completed SEP A process Obtained HP A permit from State Department of fish and Wildlife Obtained Director's Approval from the City's Community Development Department. Achieved project design to 85% level . . . . . . . Ongoing tasks include: . Application for City right-of-way permit . Negotiate easements with Twin Lakes HOA and Twin Lakes Golf and Country Club · Proceed project design to 100% . 86 July 18,2005 Land Use and Transportation Conunittee South 320th Street at I st A venue South Intersection Improvements Project - 30% Design Status Report Page 2 1.-." 1 ESTIMATED PROJECT EXPENDITURES: Design Year 2008 Construction (Estimate) 20% Construction Contingency 10% Construction Management Pavement impact mitigation Advertising and Production Costs TOTAL PROJECT COSTS $153,300 548,000 109,600 54,800 4,500 4,000 $874,200 AVAILABLE FUNDING: TOTAL A V AILABLE BUDGET $945,000 . . 87 COUNCIL MEETING DATE: October 16, 2007 ITEM #: I rO, -I f ;e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 348111 Street at 1 st Avenue South Intersection Improvement Project - 85% Design Status Report POLICY ~UESTlON: Should the Council authorize staff to proceed with design and Right of Way Acquisition of the S 348 Street at pt Avenue South Intersection Improvement Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 1,2007 CATEGORY: [gJ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: Marwan Salloum, P. E. Street Sys~~~~M~nag~~_~~PT: Public Works Attachments: LUTe Memorandum dated October 15, 2007. Options Considered: ' l. Authorize staff to proceed with the design and Right of Way Acquisition of the S 348111 Street at 1st Avenue South Intersection Improvement Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. ---..----------------.------------.-.----.--.-.-------.._~_.._--_.----~-_._--_._._--_._--~------_._-_.._--_.--------.--.- ST AFF RECOMMENDATION: Staff recommends Option 1. " [TY MANAGER ApPROVAL: ~ 2. Committee DIRECTOR ApPROVAL: {fW{ Committee t4#A..... Council COMMlTTEE RECOMMENDATION: Place Option 1 on the November 6, 2007 City Council Consent Agenda for approval. -el&UU!l Jack Dovey, Chair / ~k___ mber PROPOSED COUNCIL MOTION: HI move authorize staff to proceed with the design and Right of Way acquisition of the S 348th Street at 1'1 Avenue South Intersection Improvement Project and return to LUTC Committee at the 100% design completion stage for further reports and authorization" (BELOW TO BE COMPLETED BY CiTY CLERKS OFFICE) COUNCIL ACTiON: o APPROVED o DENIED . o T ABLEDmEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BlLL # l Sf reading Enactment reading OROlNM>lCE # RESOLUTlON # e 88 CITY OF FEDERAL WAY MEMORANDUM . SUBJECT: October 15,2007 Land Use and Transportatlon Committee Neal Beats, City Manager k _____ Marwan SaUoum, P.E., Street Systems Manage~ John Mulkey, P. E., Street System Project Engineer 'S "",,-- S 348th Street at Ct Avenue S Intersection Improvement Project - 85% Desi~n Status Report DATE: TO: VIA: FROM: BACKGROUND: This project will add a 2nd left-turn lane eastbound and westbound and will add a right-turn lane southbound and westbound. The traffic signal system will be replaced to accommodate the added lanes. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk and drainage modifications. 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 . Channelization Plans submittal . SEP A Approval and Project Permitting . Right of Way Plan . Project Design to 85% Ongoing Tasks Include: . Right 0 f Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Project Design to 100% . PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition (estimate) 2009 Construction Cost (estimate) 10% Construction Contingency Construction Management TOT AL PROJECT COSTS $ 350,000 350,000 2,840,000 284,000 330,000 $ 4,154,000 . 89 Land Use and Transportation Committee S 348th Street @ 1 51 Ave. S Intersection Improvements October 15, 2007 Page 20f2 . A V AILABLE FUNDING: Utility Tax (2006) REET (2004) Mitigation Interest TOTAL AVAILABLE BUDGET 432,000 79,000 186,900 43,550 $ 741,450 At this time, staff anticipates obtaining Transportation Improvement Board (fID) funds at 60% funding, or approximately $2,492,400. IfTID funding is approved this project budget will still have funding shortfall of $920, 150. Staff is not requesting a budget adjustment for this project at this time. As we proceed with the project final design and right of way acquisitions process, the total project costs and funding will be refined and presented to committee and Council at the 100% design completion status report for further action. '. . K:\LUTCI2007\1O-15-07 S348th Street at Isl Ave S. - 85% Design Status Report_doc 90 MEETING DATE: November 6, 2007 ITEM# (p tL..- ,_"_~,__,,,,_,,_,_,,"_"" ____..__.._._.__,<_.____._.... .. .~___..._._____._._.__._......__..__....__..._._....__..m........___...._..._._...._.......__.._____ ......_.__._.__....n_..__..........._...__...._....._._....._.__._............__....._m..____......... _..._.._.._.__.___.___.._m_._____..._....__.~.__._._.__..._..----..-.........-.-.....---..-.-.-........ . CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2007-2008 Mid-Biennium Budget Adjustment, Public Hearing _______________________________________________________________________________________________________________________m_______m_____________I____________________------------------------------------------------------------------------------------- CATEGORY: BUDGET IMPACT: o CONSENT 0 ORDINANCE Amount Budgeted: $ o RESOLUTION [8J PUBLIC HEARING Expenditure Amt.: $ o CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $ ____ ___~___ ___._________ ___ _______ ~_______ _____ ______ ~__w_ __ ____~_____ ---- ---------~ -- -- ---.------------------ - -- A TT ~C~~EN!.~~_!3u1.g~t C~~enda~______________________________________________________________________________ SUMMARYIBACKGROUND: As required by state laws, cities adopting biennial budget much review and make necessary adjustments to their adopted budgets before the end of the first year of the biennium. Staff has present to Council the recommended adjustments and Council has commenced budget deliberation process and is accepting any comments from the public at this meeting. The calendar for budget deliberation has been published and is attached herein. .__.__.._.._-----------~._-~------_.._----_._----_._--.---.-.-....-------..---------.--- .TY COUNCIL COMMITTEE RECOMMENDATION: NA ,:---------------------------------------------------------------------------------------------------- PROPOSED MOTION: NA -"----"---~-~-"--~"-"-""----~""----""--~---- CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 . 91 PUBLIC NOTICE CITY OF FEDERAL WAY CITY COUNCIL . 2007/2008 MID BIENNIUM BUDGET ADJUSTMENT PUBLIC MEETINGS ***** The following meetings have been scheduled to consider the City of Federal Way's 2007-2008 biennial city budget: November 6,2007 - REGULAR MEETING -7:00 p.m. Proposed mid-biennium budget adjustment presented to Council (available to public) PUBLIC HEARING (preliminary) proposed mid-biennium budget/revenue sources/property tax rate NOVEMBER 13, 2007 - SPECIAL MEETING - 6:00 p.m. Patrick Maher Room Council Deliberations NOVEMBER 15.2007 - SPECIAL MEETING - 6:00 p.m. Council Deliberations (continuation) Please note that this meeting will occur only if needed. F~'. NOVEMBER 20.2007 - REGULAR MEETING -7:00 p.m. PUBLIC HEARING (required by RCW 35A.34) Mid-Biennium Budget/property tax rate Introduction Ordinance/2007-2008 mid-biennium budget adjustment Introduction Ordinance/2008 property tax rate Introduction Ordinance/Surface Water Rate . DECEMBER 4,2007 - REGULAR MEETING - 7:00 p.m. Enactment ordinance/2007-2008 mid-biennium budget adjustment Enactment ordinance/2008 property tax rate Enactment ordinance/Surface Water Rate Resolution/fee schedule amendment All meetings will be held at City Hall, 33325 - 8th Avenue South, Federal Way, Washington. CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS. Laura Hathaway City Clerk 253-835-2540 Published in the Federal Way Mirror October 27 & 31, 2007 and November 3, 2007 (with time change noted for November 13 & 15 Special Meetings) . 92