LUTC PKT 12-07-2009City of Federal Way
City Council
Land Use/Transportation Committee
December 7, 2009 City Hall
5:30 .m. Council Chambers
MEETING AGENDA
(Electronic Version)
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: November 16, 2009
B. 20"' Place SW Emergency Slide Repair
Project Acceptance and Retainage Release
C. 201U Street Sweeping Services Contract
Bid Award
D. Pacific Highway South HOV Lanes Phase IV
PSE Gas )oint Construction Agreement
E. Pacific Highway South HOV Lanes Phase IV
Comcast )oint Construction Letter of
Understanding
F. Proposed Deferment of Open Space
Fee-in-Lieu and Regional Stormwater
Facility Fee
G. Interlocal Agreement with King County for
RapidRide Implementation
H. Rectangular Rapid Flashing Beacons on S
324` Street (Belmor Park Pedestrian
Improvements)
Presenter Page
LeMaster 2
Mulkey 5
Salloum 7
Roberts 10
Roberts 16
Action Council
or Info Date
Action N/A
Action Consent
12/15/09
Action Consent
12/15/09
Action Consent
12/15/09
Action Consent
12/15/09
Herrera 25 Action
Perez 54 Action
Perez 99 Action
Ordinance
First Reading
12/15/09
Consent
12/15/09
Business
12/15/09
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS The next regularly scheduled LUTC meeting will beMonday,
December 21, 2009.
6. ADJOURN
Time
5 min.
5 min.
5 min.
5 min.
5 min.
10 min.
15 min.
15 min.
Committee Members Gty Sta1'f
Unda Kochmar, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jim Ferrel/ Dar/ene LeMaster, Admrnistrative Assistant II
Dini Dudos 253-835-2701
G.•�LUTC�LUTCAgendas and Summaries 2009�1Z-07-09 LUTCAgenda.doc
Citti of Federal `�'a��
Citv Council
Land Use/Transportation Committee
November 16_ Z009
�:30 Pl�t
c«�� ttatt
Citv Councii Cha��bers
MEET[NG SUMN[ARY"
Committee Members in Attendance: Committee Chair Linda Kochmar and Committee ;�tembers Jim Ferrel( and Dini
Ductos presznt.
Council Members in Attendance: Councilmember leanne Sucbid�e
Staff Members in Attendance: Director of Cor�imunin Devetopment Services Gre� Fea�ins, Deputy Pubiic W'orks
Director Marw�an Satloum, Assistant Cite� Attorney Peter Szckwith, Deput}� Public Works Director Ken Miiler, Surface
Water Niana�er Wil1 Appleton, Ptanning �tanager [saac Conien, Senior Planner hiar�aret Ciark, Associate Planner titatt
Herrera, Street Systems Project Manager Srian Roberts and Administrative assistant [I Darlene LeMaster.
L CALL TO ORDER
Commictee Chair Koehmar cai(ed the meetin� to order at �:30 P1L4_
2. PUBL[C COMMENT'
There tivas no pubtic comment.
3. BUSIIYESS iTEMS
Forward
Topie Title/Description to Couoci
A.
B.
C.
Approval of the November 2, ?009, LUTC Niinutes
Co��mittee approved Yo��ember 2, 2009 LUTC miiiutes as presented.
Moved: Duclos Seconded: Ferreli Passed: linani�aoush, 3-t�
Pacific Highway S HOV Phase IV" Qwest Joint Coastruction Agreement
Brian Roberts presented infoRnation on this item. There tivas nu public comment or discussion.
Mr. Roberts noted that the RCW that allou�s for the utility reimbursement has been law for a
very ion� time_
Co{nmittee forwarcled Option #1 as preseuted.
iVlo��ed: �errell Seco��ded: Duclos Passed: Unanimousli�, 3-0
Pacific Highway S HOV Phase IV 100% Design and Authorization to Bic!
Brian Roberts presented information oa this item. There �tias no public comment: Committee
Member Ducios asked about the ramificarions of havin� the condemnation process delayed. Mr.
Roberts stated that if the condeinnation process is heid up, it could deia�• the advertisement date
of the project. As far as impacts to project costs, Deputy PW Director Salioum stated that eosts
may be impacted '+f the project advzrtisement has ta compzte ivith other projects being bid in ihe
spring_ That may resuit in a hi�her biddinQ dimate_
Con�mittee forwardetl Optioa nl as �resei�ted_
tNovecl: Duclos Seconded: Ferreli
Passeci: Ur+animousty, 3-!�
l2'U?009
Consent
i 2: t !3009
Consent
G-i.1:T< a�enda>andSumma`ies'_009`.II-i6-09-bfinutct.do:: 2
I_�a�1 Cise�Tran;por[atiun Committez
E.
F.
On-Call Vactor and Jet Rodding Serti ices Contract Extension
Will Appteton presented inEorrr�ation on thi� it�m. There �cas no publiccomment or di;cu,siori_
Committee forwarded O}�ti�a #1 as preseated.
A�loved: Duclos Seconded: �'erreU Passed: l;naain�c�usl��, 3-it
Proposed Deferment o[Open Space Fee-in-Lieu ancl Regional Storm�vater Facilit� Fee
Matt Herrera presented informacion on this item_ There was one public c�mment:
Sam Puce. ,=�ssociation oJRealtors tLfr_ Pace inritec! the comnuttee to Ivok nt ti:is isstre jrorri
the standpolnt of leadrng the coinmunit�• and developers out of �the econorrsic recession. :Lfr.
Pace supports Option on Open Space Fee-in-Lieu, htrtrequests that Cnunci! co�isidej•s
deferring the Regional Storm�iater Facilitt• Fee to the point oJ certificate �foccupanc�•. .tlr.
Pace feel.s that dejerment ofSl�il�t fees meets tlse deceloper on middle �rouncl und does not c:o.st
the deceloper so much moneti• at the front end �f n project.
Committee Member Ductos asked for ctarificatior�_ She believed that staff for���arded ttie
Piannin� Commission's recommendation of retainin� and codifyin� thz City�s preser►t process
of coltectin� for open spacz fee-in-lieu prior to plat recordin� aod re�iona! storrn�tiatzr facilit}•
fees prior t� en�ineering approtial. Mr. Herrera contirmed this t� be correct.
Chair Kochmar asked what the avzra�� #ee-in-lieu �tia; tor a ne�c home. Ueputy P��` Director
Milier stated that it is hard to approximate an a��era�e fee-in-iieu: but that it was important to
note that the devetoper always has a choice; tt►ey can pav to make their o�cn impro� ements or
the can pay the fee for the City's option. The Citc's option is a savin�s ti�r thz devzluper.
Tliere was more discussio� back acid forth benv�en the committee memben. statt and ti(r. Pacz
on the vanous options for collectin, the re�ional storn��s�ater facilit}� fees.
Although the Plannuig Commission had the support for their recommendation trom the i�la�ter
Buiiders Association, there was no one to speak on tfieir behalf at the i.UTC mzetinV.
Committee member Ferreii moved fo det'er this topic to the Deeember 7, 2009 LUTC
meeting.
Moved: Ferrell Seeonded: Ductos Passed: [;nanimousl�•, 3-0
Code Amendment Re�ating to the Size of Health Clubs in the Neighborhood Business
Zone; Update on the 2009 Planning Commission Work Program
Mar�aret Ciark presented information on this item. There was no public comment. Committee
Member Dudos asked if this task is added to the 3009 workload, how long tivtll it be until tI
comes back to the Committee and Councit for adoption'' Ms. Clark responded that SEP� is tu
be issued on t 2J� and that it witl take approximate(�• nvo and one half months before �eeing this
item back at Council for adoption. Mr. Fewins added that 3� Hour Fitness supports this added
work progt request and is in favor of seein� it adopted as soon as possibte. l�is. C1ark handed
out copy of November 2, ?0{�9 support teiter from ?4 Hour Fitness.
Comtnittee forwarded Option #1 as presented.
Mo��ed: Uuclos Secanded: FerreH Passed: linanimc�usli, 3-0
Vc�vzmber 16_ ?OQ9
13! l %2009
Consent
Deferred
Back to
LUTC
tl%7.'2009
3.' l,'?Q09
Consent
G. �L(�TC��LUi'C Agendas �and Summaries 30W`�.l 1-15-(3�-�ti�w�z> d'uc
Land Use/'I�ransportation Committee Pa�e 3 November 16, 2009
G. Request for Direciion to Apply for a GMA Update Grant from the Department of
Commerce
Margaret Clark presented information on this item. There was no public comment or discussion.
Committee forwardeci Option #i as presented.
Moved: E'errell Seconded: Duc(os Passed: Unaniroousty, 3-0
H. 2009 Code Compiiance Program Update
Greg Fewins presented information on this item. Code enforcement staff was commended for
ail of their hard work and outstanding service. Committee memberDuclos su�gested holding
training for piacement of sians for political candidates. Staff is already working on this.
No inotion was necessary. [tem was for intormation oniy.
2' 1 /2009
Consent
N/A
Information
Only
4. OTHER
There was no further discussion or additional topics addressed.
5. FUTURE MEETING
The next regutar LUTC meeting wi11 be Monday, December 7, 2009, at �:30 PM in City Council Chambers.
6. ADJOURN
The meeting adjourned at 6:40 PM.
Attest:
COMMiTTEE APPROVAL:
Linda Kochmar, Chair
Jim Ferrell, Member
Darlene LeMaster, Administrative Assistant II
Dini Ducios, Member
G�.�LtJ'fC�LliTC Agendas and Summaries 2009\I id6-09-Minutes.doc 4
COUNCIL MEETING DATE: December i�, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUB.�ECT: 20�' Piace SW Emergency S1ide Repair Project Acceptance and Retainage Re(ease
POLICY QUESTION Should the Council accept the 20` Place SW Emergency Slide Repair Project constructed by
Gary Harper Construction, Inc. as compiete?
CONiM[TTEE Land Use and Transportation Committee
GATEGORY:
Consent 0 Ordinance
Q City Council Business Resolution
MEETiNG DATE: December 7, 2009
Public Hearing
O ther
STAFF REPORT BY Marwan Salloum, P.E., Deputy Public Works Director �]�DEPT: Pubiic Works
Attachments: Land Use and Transportation Committee memorandum datedDecember 7, 2009.
Options Considered:
L Authorize final acceptance of the South 20` Place SW Emergency Slide Repair Project constructed by
Gary Harper Construction, Inc., in the amount of $189,8b4_60 as complete.
2. Do not authorize finai acceptance of the completed 20 Place SW Emergency Slide Repair Project
constructed by Gary Harper Construction, [nc. as complete and provide direction to staff
STAFF RECOMNiEKDAT[ON Staff recommends Option i.
CITY M�►NAGER APPROVAL: j,,;� r DIRECTOR APPROVAL:
Committee Council
Couacil
COMM[TTEE RECOMNIENDATiON: Forward Option 1 to the December 15 2009 Counci( Consent Agenda for
approval.
Linda Kochmar, Chair dim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION "l move approval of final acceptance of the South 20' Place SW Emergency
Sldde Repair Project constructed by Gary Harper Construction, Inc., in the amount o 5189,864.60 as complete.
(BELOW TO BE COMPLETED BYC/TYCLERKS OFFICB)
COUNC[L ACTION:
APPROVED COUNC(L BILL
DENIED 1' reading
TABLED/DEFERRED/NO AC'['lON Enactment readiog
DIQVED TO SECOND READING {ordinances only) ORD(r aNCE
REVISED 02/06I2006 itESOLUTlON
5
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 7, 2009
TO: Land Use and Transportation Committee
VIA: Brian Wiison, [nterim City Manager
FROM• Marwan Salloum, P.E., Deputy Pubiic Works Director
John Mulkey�, P.E_, Street Sqstems Project Engineer
SUBJECT: South ?0` Place S W Emergency Slide Repair Project— Project Acceptance and Retainage Release
Prior to retease 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 with Gary Harper Construction is complete. The final construction contract amount is
$189,864.60. This is $28,340.40 below the $218,205.00 (including contingency) budget that was approved by the
City Councii on August 4, 2009.
6
K:\LlffC�2009\12-07-09 2flth Piace SW Emergency Slide Repair Project Project Acceptance.doc
COUNCIL MEET[NG DATE: December l�, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUB.iECT: 2010 Street Sweeping Ser�•ices Contract Bid Award
Po�[CY QUES1'[ON: Should the Council award the 2010 Street Sweeping Service Contract to the lowest responsive, responsible
bidder?
COytMtTrEE: Land Use and T'ransportation Committee
CATEGORY":
Consent
City Council Business
Ordinanee
Resolation
P.E., Deputy Public Works
ITEM
MEET[NG DATE: December 7, 2009
Public Hearing
Other
STAFF REPORT BY": Marwan
DEPT: Public Works
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated December 7, 2009.
OPT[ONS CONSIDERED:
t. Award the 2010 Street Sw•eepin� Services Contract to Action Services Corporation, the lowest responsive,
responsibte bidder in the amount of $96,956.�0 and authorize the transfer of $1,8�2.00 from unaflocated Surface
Water Funds to this line item budget and autharize the City Manager to execute the contract.
2. Reduce the StreerSweeping scope of service that wiil total to $1,852.00 and award the 20I0 Street Sweeping
Services Contract to Action Services Corporation, the lowest responsive, responsible bidder in the amount of the
available budget and reduce the service to match the available budget.
3. Do not award the 2010 Street Sweeping Services Contract to the lowest responsive, responsible bidder and provide
direction to staff
STaFF' RECOMbiENDA'c[ON: Staff recommends Option 1 be forwarded to the December 15, 2009 City Council Consent
Agenda for approval.
C[TY M�1KaGER APPRO�:�L: Z-%����� D[RECTOR APPi20VAL:
Comm�ttez Council ommittee Councii
CObiMITCEE RECON[1�LEVD�TION Forward the above staff recommendation to the December 15, 2009 City Council
Consent Agenda forapproval.
Linda Kochmar, Chair Jim Ferretl, Member Dini Duc[os, Member
PROPOSED COUNC[L MOT[ON "1 move to mti�ard the 2010 Street Sweeping Services Contract to Action Services
Corporation, the lowest responsive, responsible bidder in the amount of $96, 9.i6..50 and authorize the transfer of
.�1,8�2.00 from unallocated Surface bi'ater Funds to this line item budget and authorize the Ciry Manager to execute the
contract.
{BELOW TO BE COMPLETED BY ClTY CLERKS OFF/CE)
COGNCIL aCT[ON:
:�PPROVED COUNC[L BILL
DEIVIED IST reading
TaBLED/DEFERREDNO ACT(ON Enactment readiag
MOL'ED TO SECON� RE aDING /ordrnunces orilc� ORDINA�ICE
R£ V[SED 02/06/2006 RESOLUTION
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 7, 2009
TO: Land Use and Transportation Committee
VIA: Brian Wilson, Interim City Manager
FROM: Mar�van Saltoum, P.E., Deputy Public Works Director
5UBJECT: 2010 Street Sweeping Services Contract Bid Award
BACKGROUI�ID
Four bids were received and opened on November 25, 2009 for the 2010 Street Sweeping Services Contract.
Please see the attached Bid Tabulation Summary. The total bids for this contract are as follows:
Company Bid Amount
Action Services Corparation $96,956.50
Osaka Garden, Inc. $104,799.09
McDonough Sons, Inc. $130,804.48
KLB Construction, Inc. $232745.22
Avaitable Budget Amount $95,105.00
The lowest responsive, responsible bidder is Action Services Corporatioa with a total bid of $96,95650. The
amount available in the 2010 budget for this service is $95,105.00_ The 2009 contract amount was $90,1b83$.
T'his project has a short fail of $1,85i.50. With this budget short fall the two options before the committee and
council are as follow:
t. Should additional budget be a(located to this service to maintain the existing level of service?
At this time the Street Sweeping Services are funded 100% from the surface water funds.
2. Should service be reduced to meet the avai(able budget?
To reduce the services to meet the avai(ab(e budget, the emergency call out hours can be reduced from
200 hours to t 25 hours.
8
K:\IUTC�2009\12-07-09 2010 Street Sweeping Service 8id award.doc
2010 STREE7 SWEEPING SERVICES
RFB No. 09-106
Bid O enfn Date: November 25. 2009
6id 1 Bltl 2 Bid 1 Bid 4
Vendor Name AcUOn Sewces Corp. Osaka Gardert, tnc. McDonough 6 Son, Inc. KLB ConetruGion, Inc.
Lucaaon Bremenon, WA Seatfle, WA Revenadale, WA Mukilteo, WA
Cost per Cost per k Time per Cost per Cost per Time par Cosf per Cost per 8 Time Cost par Cost per p Time
Item Amount Unit Mile Swee In Yaar Total Cost Mile Swee in Yea� ?otal Cost Mile Svne in er Year Total Coat Mile Swee in er Year Total Cost
t MajorAnenalStreels 2324 Milea 548.75 51,731.95 14 575,861�.30 �E5521 51,283,08 14 517,963.13 568.15 51,583.81 14 522,17328 E173.50 54,032.14 74 556,449.96
2 MinorAnerialStreets 9.35 Miles E42.00 5392.70 14 $5,497,80 $4574 E427.67 14 55,987.37 $58.00 �$542.30 74 E7,59220 588.60 5828.41 14 E11,597.74
3 ColleclorAAeriels 50.41 Mlles E42.00 52,117.22 14 529,641.OB 545.25 .$2,281.05 14 $31934J4 558.00 52,92378 74 E40,932.92 576.10 E3,836,20� 14 S53,706.81
4 State Routea 74.04 Miles 542.00 ESB9.6B 74 58,255.52 E50.77 $712.87 14 $9,979.35 E58.00 E814,32 74 E11,400.48 5212.85 52,988.41 id 541,837.80
5 Resitlen�ial Streets 148.64 Miles 544.00 56,540.18 5 532,'700.80 345,66 56,788.90 5 E33,934.51 558.00 $8,621.12 5 543,705.60 E57.66 fB,570.58 5 E42,852.91
Total Basla Arinual Bld f91,958.50 599,799.09 �5126,204.4! f206,4A3,22
6 Emergeacy Call oul 200 Hours 525,00 E5,000.00 525.00 SS,000.00 526D0 E5,600.00 E737 526,300D0
BID TO AL PER YEAR 598,968.60 5104,T99.09 St 0,804.48 5232,748.24
Bid Signature YES VES YES YES
Bid Bond YES YES YES YES
Combinetl AfM1tlavit antl Certification form YES YES YES YES
ContractoYS Complianee Statemenl YES YES YES VES
�O
Page 7 of 1
COUNCIL MEETING DATE: December I5, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUB.TECT: Pacific Highway South HOV Lanes Phase IV Project (S 312` Street to Dash Point Road) PSE Gas Joint
Construction Agreement
PO[.[CY QUESTION: Should the Council authorize the City Manager to execute the PSE Gas Joint Construction
Agreement?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent Ordinance
City Council Business Resolution
STAFF REPORT BY: Brian Roberts, P.E., Street S�
MEET[NG DAT�: December 7, 2009
Pubiic Hearing
Other
DEPT: Public Works
Attachments:
tviemorandum to Land Use and Transportation Committee dated December 7, 2009.
Options Gonsidered:
l. Authorize the City Manager to execute the PSE Gas Joint Construction Agreement for the Pacific
Highway South HOV Lanes Phase iV Project (S 312` Street to Dash Point Road)
2. Do not authorize the City Manager to execute the PSE Gas Joint Construction Agreement, and provide
direction to staff.
ST�FF RECOMMENDATION Staff recommends forwarding Option i to the December 15, 2009 City Council
Consent Agenda for approval_
CITY MANAGER APPROVAL: !.-�w��/� DIRECTOR APPItOVAL:
Committee Councii mittee Council
CO�INi[1"TEE RECOMMENDAT[ON Committee recommends forwarding the above staff recommendation to the
December 15, 2009 Gity Council Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferre{l, Member Dini Duc(os, Member
PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the PSE Gas Joint
Construction Agreement for the Pacific Highway South HOV Lanes Phase IU Project (S 312' Street to Dash
Point Road).
(BELOW TO BE COMPLETED BY CfTY CLERKS OFFICE)
COU�CIL ACT[ON:
APPROti'ED COUNCIL B[LL
DEN[ED isr reading
TaBLED/DEFERRED/NO ACCION Eaactment readi�
MO�'EDTO SECOND READiNG (ordireances onlvJ ORDINAtiCE
REVISED 02/06/2006 RESOLUTION
la
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
December 7, 2009
Land Use and Transportation Committee
Brian Wilson, Interim City Manager
Marwan Salloum, P.E., Deputy Public Works Qirect
Brian Roberts, P.E., Street Systems ProjecT Engine
Pacific Highway South HOV Lanes Phase IV Proje� 312` Street to Dash Point Roac�
PSE Gas Joint Construction Agreement
BACKGROUND:
The Pacific Highway South HOV Lanes Phase IV (18` Avenue S to S 312�' Street) widening improvement
project inctudes adding HOV (anes northbound and southbound, adding curb, gutter and sidewalk, adding
lighting, landscaping, planted medians, resiricting left turn movements to intersections, and consotidating
driveways where possible. One additional major purpose of the project is to underground overhead utilities,
typically into a joint utility trench.
Puget Sound Energy currer�tiy holds a franchise for natural gas facitities within the City of Federa( Way. To
avoid conflicts with Phase IV facilities, PSE is required to relocate some of its gas mains. As part of the
relocation of underground facilities, the City requires all utilities to remove abandoned underground pipe. PSE
has noted that removal of abandoned gas mains and the foliowing pavement restoration within the project
limits will prolong public disruption and the duration of lane ctosures beyond what is needed to merety install
the new mains.
PSE has asked the City to remove the abandoned pipe as part of the Phase IV project. The removal work can
be done by the City's Gontractor after traffic lanes have been temporarily shifted a�vay from the work zone.
No pavement restoration wilt be required because traffic will not be driving within the work zone until paving
associated with the road widening is performed. This arrangement wili minimize the public inconvenience of
lane closures associated with the pipe removai and pavement restoration otherwise required. PSE benefits by
reducing its costs for removai of its abandoned mains. The agreement ensures that PSE's costs are not shifted
to the City in any way.
The Joint Construction Agreement estimates the cost to remove and dispose of PSE's abandoned gas mains
and associated construction costs. PSE will also reimburse the City at unit rates for adjustment of all gas valve
covers within the improved roadway. The total estimated cost which the Ci#y will bill to PSE per this Joint
Constructior► Agreement is approximateiy $90,000.00. The attached Joint Construction Agreement shows the
methodology used to calculate the reimbursement owed Federal Way.
11
JOINT CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND PUGET SOUND ENERGY
FOR THE
PACIFIC HIGHWAY SOUTH HOV LANES PHASE N PROJECT
(SOUTH 312TH STREET TO DASH POINT ROAD)
THIS AGREEMENT is made and entered into this day of 2009, by
and between the City of Federal Way {hereinafter "City") and Puget Sound Energy {hereinafter
"PSE"), collectively referred to herein as #he 'Parties".
WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase
IV Project (South 312th Street to Dash Point Road) (hereinafter "Project"); and
WHEREAS, PSE provides natural gas service in the general area of the Project in
accordance with appNcable Washington State and City of Federal Way laws, regulations and
franchises; and
WHEREAS, in connection with the roadway improvements being unde�taken by the City,
PSE wi0 be required to reloca#e certain gas mains in conflict with project facilities within the Project
area; and
WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by
contracting with the City to perform certain services fo� PSE as described in Exhibit A, including
letting a public works construction contract for the removal of the obsolete gas mains in conflict with
#he Project (hereinafter "PSE Work"), providing construction management services, and providing
Project administration in support thereof;
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties
hereto as follows:
l. GAS MAIN RE�OCATION.
PSE agrees that its design contractor, Pifchuck, Inc., shall perform predesign/design
and construction work for the relocation of its facilities that are in conflict with Project facilities. PSE
shall provide the City all drawings necessary to acquire a right of way permit and relocate its gas
mains out of the conflict zones. PSE shail provide as-constructed record drawings of both the
relocated mains and the obsolete mains wi#hin 60 days of completion of PSE Work. PSE shall
provide preliminary location data within one week of Agreement execution. The record drawings
shall show the vertical and horizontal location of the relocated and obsoiete facilities within the
Project area using a minimum scale of one inch equals one hundred feet (1" =100'), measured from
#he centerline of the right of way, of a form which shall be acceptable to the City.
I1. BlDDING AND CONSTRUCTION FOR OBSOLETE MAIN REMOVA�
It is the intention o# the City and PSE #hat PSE records of the obsolete mains sha11 be
incorpo�ated in#o the Contract Bid Documents for the Project in such manner as to allow
identification of the PSE Work to be performed on behalf of, and billed to PSE
Pacifiic Highway South HOV Lanes Phase IV Page 1 November 2009
12
Ill. CONTRACT ADMINISTRATION.
A. The City shaN provide #he necessary administrative, construction observation,
and clerica! services necessary for the execution of the performance of the PSE Work. in providing
such services, the City Public Works Director and/or his or her designee may exercise ail the powers
and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director
and/or his or her designee authority to perform the PSE Work in accordance with the provisions of
#his Agreement.
B. PSE shall notify the City, in writing, of any changes it wishes to make in the
plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The
City shall notify PSE, in writing, of any changes required of #he PSE Work and shaA obtain PSE's
approval of such changes. PSE's approval shall not be un�easonably withheld. PSE shall be
responsible for all cos#s incurred by the City, directly or indirectly, as a result of changes to the PSE
Work that are requested or approved in writing by PSE.
1V. PAYMENT.
A. PSE shall reimburse the City forall costs incurred by the City in performing
the PSE Work, which costs shall include but are not Iimited to the PSE Work performed by the
Project contractor(s), all PSE requested changes, and PSE's cost of the City services described in
Paragraph 111 (a) herein, all as more particularly described in Exhibit A.
B. Ail payments shall be due from PSE to the City within thirty (30) days after
approval by the PSE's Municipal Liaison Manager or his/her designee of said sums biiled to PSE.
Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month.
V. INDEMNIFICATION AND HOLD HARMLESS
A. The Ci#y agrees to indemnify and hofd PSE, its officers, empioyees and
agents harmless from any and all claims, demands, losses, actions and liabilities (including costs
and a11 attorney fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising or resuiting from, or connected with, this
Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or
employees, or by the City's breach of this Agreement.
B_ PSE agrees to indemnify and hold the City, its elected officials, officers,
employees and agents harmless from any and af1 claims, demands, losses, actions and liabilities
(including costs and all attomey fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representa#ives, arising or resutting from, or
connected with, this Agreement to the extent caused by the negliger�t acts, errors or omissions of
PSE, its agents or employees, or byPSE's breach of this Agreement.
The provisions of this paragraph shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expira#ion or termination.
VI. DURATION.
This agreement shail be in full force and effect from the date of signa#ure by all
Parties to the date the City completes the Final Inspection upon completion of the Project and may
be extended for additional periods of time upon mutual written agreement of the City and PSE.
Pacific Highway South FiOV L.anes Phase IV Page 2 November 2009
13
VII. OTHER PROVISIONS.
A. Upon completion of the construction and City's acceptance of the Project as
fully constructed according #o pians, specifications and change orders, the City shall provide a fina!
invoice to PSE for any fina! payment due.
B. This Agreement contains the entire agreement of #he City and PSE, and
supersedes ali prior diseussions between them, with regard to the City's performance of the PSE
Work. For tMe avoidance of doubt, nothing in this Agreement will alter, amend or supersede any
franchise or other written agreement between the City and PSE; rather, the same will remain in full
#orce and effec# in aacordance with their respective terms. This Agreement may be amended only
in wr+ting, signed by both Pa�ties.
C. Any provision of this Agreement, which is declared invalid, void or illegai shall
in no way affec#, impair, or invalidate any other provision hereof and such other provisions shal!
remain in full force and effect.
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the
work, as set forth herein, wi11 be performed by the City under the terms of this Agreement
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY OF FEDERAt WAY
Brian Wilson, tnterim City Manager
33325 8th AVenue South
PO Box 9718
Federal Way, WA 98063-9718
(253) 835-2401
PUGET SOUND ENERGY
Doug Corbin, Municipal Liaisor� Manager
6905 South 228th Street SKGSVC
Kent, WA 98032
(253) 395-6867
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
ATfEST:
Carol McNeiliy, CMC, City Clerk
APPROVED AS TO FORM:
Puget Sound Energy General Counsel
Pacific Highway South HOV Lanes Phase N Page 3 November 2009
14
Exhibit A
Estimated Costs
Pacific Highway South HOV Lanes Phase IV
ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUGTION
MANAGEMENT COSTS FOR lNCLUDING PUGET SOUND ENERGY GAS OBSOLETE UTILITY
REMOVAL AND VALVE COVER ADJUSTMENTS
Estimated Design Cost (KPG, Inc.) $2,600.00
Construc6on
ftem
Mobiiization
Traffic Control Supervisor
Flaggers and Spotters
Other Temporary Traffic Control
Sequential Arrow Sign
Remove Gas Main
Adjust Gas Utility Valve to Grade
Gravel Borrow
CSBC
Temporary Pavement
Quantity
2%
30
30
3%
30
3840
15
260
0
0
Unit
o�
HR
HR
LS
HR
LF
EA
CY
TN
TN
Unit Price
$750,000.00
$60.00
$48_00
$250,000.00
$5.00
$8.00
$350.00
$16.00
$25.00
$90.00
Total
$15,000.00
$1, 800.00
$1,440.00
$7,500_00
$150.00
$30, 720.00
$5,250.00
$4,160.00
$0.00
$0.00
Construction Subtotal
90% Construction Contingency
12.5% ConsYruction Management
Es#imated Construction Tota!
Estimated Project Total (Design Construction)
5% Project administration
Project Total
$66,020.00
$6,602.00
$8,252.50
$80,874.50
$83,474_5Q
$4,043_73
$87,518.23
NOTES
'*Mobiliza#ion =(Project Mob X{Gas Main Removal and Disposal Bid Cost/Project Bid Cost Mob))
""Other Temporary Traitic Con#ro1 =(10 working days 1340 working days)
'*Remove Gas Main includes excavatio�, removal and disposal of pipe and backfill with original trench
backfitl if approved.
"*Gravel Borrow is required if Engineer determines that conditions make originai trench backfill
unsuitable or backfill does not meet compaction requirements.
"Gravel Borrow i0% (0.67 CY X LF)
""Costs presented are estimates only. Actuai field measured quantities and unii bid prices of contract
awarded to iowest responsive responsible bidder wil! be used to ca�culate finai cost of Puget Sound
Energy's reimbursement to the City.
K:\STftEETSPROJECTS1SR99 Phase IV1UtilitieslPSEIGasWoint Construction Agreement PSE Gas.doc
Pacific Highway South HOV Lanes Phase IV Page 4
15
November 2009
COUNCIL MEETING DATE: December 1�, 2009
CITY COUNCIL
AGENDA BILL
ITEVI
SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (S 312` Street to Dash Point Road) Comcast Joint
Construction Letter of Understanding
PO[.[CY QUESTiON: Should the Council authorize the City Manager to eYecute the Comcast Joint Construction
Letter of Understanding?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
Consent
City Coun B u s i n ess
STAEF REPORT BY: Brian R�
Attachments:
CITY OF FEDERAL WAY
Ordinance
Resolution
P.E., Street Systems Projecl
MEETING D�aTE: December 7, 2009
Public Hearing
Other
DEPT Public Works
Memorandum to Land Use and Transportation Committee dated December 7, 2009_
Options Considered:
1. Authorize the City Manager to execute the Comcast Joint Construction Letter of Understanding for the
Pacific Highway South HOV Lanes Phase iV Project (S 312` Street to Dash Point Road).
2. Do not authorize the City Manager to execute the Comcast Joint Construction Letter of Understanding,
and provide direction to staff.
STAFF RECOMMENDATION Staff recommends for�varding Option 1 to the December i�, 2009 City �ouncit
Consent Agenda for approvaL
n
CITY MANAGER APPROVAL:,�; ti/ f( DIRECTOR APPROVAL:
Committee Gouncil mm�ttee Council
COMMITTEE RECOMMENDATION Committee recommends forwarding the above staff recommendation to the
December 15, 2009 City Councii Consent Agenda for approval.
Linda Kochmar, Chair 1im Ferrell, Member Dini Ducios, Member
PROPOSED COUNC[L MOTION: move to authorize the City Manager to execute the Comcast Joint
Construction Letter of Understanding for the Pacific Highway South HOV Lanes Phase f v Project (S 312''' Street
to Dash Point Road).
{BELObL' TO BE COMPLE'TED BYClTYCLERKS OFF/CE)
COUNCIL ACT[ON:
.4PPROVED COUNCILBILLtt
DEN(ED I' reading
TABLEDJDEFE[2RED/NO ACTION Enactment reading
btOVEDTOSECONDREADING(ordinancesonh-) ORD1NaNCE#
REVISED 02/06/2006 RESOLUT{ON
lb
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 7, 2009
TO: Land Use and Transportation Committee
VIA: Brian Wilson, Interim City Manager
FROM• Marwan Salloum, P.E., DeQuty Pubiic Works Directot
Brian Roberts, P.E., Street Systems Project Enginee�r)
SUBJECT: Pa���c Highway South HOV Lanes Phase IV Pro�e�{(S 312`" Street to Dash Point Road)
Comcast Joint Construction Letter of Understanding
BACKGROUND:
The Pacific Highway South HOV Lanes Phase IV (18` Avenue S to S 312 Street) widening improvement
project includes adding HOV lanes northbound and southbound, adding curb, gutter and sidewalk, adding
lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating
driveways where possible. One additionaC major purpose of the project is to underground overhead utilities,
typicaily into a joint utility trench.
Comcast currently holds a franchise for cable television facilities �vithin the City of Federal Way_ Under the
terms of Ordinance No. Ob-�24, if the City charges Comcast for use of a provided trench, Comcast shal(
participate in the joint trench portion of the project and pay the City a proportionate share of the trench costs,
including but not limited to, trench excavation, duct and vault installation, trench bedding, backfili, and traffic
control.
The letter of understanding estimates the cost of Comcast's proportionate share of the joint uti(iry trench and
associated construction costs. Comcast wiil also reimburse the City at unit rates established in Schedule "C"
of the Pacific Highway South HOV Lanes Phase IV bid schedule for a(( conduit and vaults instalted by the
City's contractor. The total estimated cost which the City will bill to Comcast is approximately $200,OOO.QO.
The attached Joint Construction Letter of Understanding shows the methodology used to calculate the
reimbursement owed Federal Way.
17
After recording, return to:
City of Federal Way
33325 8 Avenue S
Federai Way, WA 98003
Attn: Brian Roberts
LETTER Of UNDERSTANDING
BETWEEN THE CITY OF FEDERAL WAY
AND COMCAST CORPORATION
FOR THE
PACiF1C HIGHWAY SOUTH HOV LANES PHASE IU PROJECT
(SOUTH 312TH STREET TO DASH POINT ROAD)
THIS LETTER OF UNDERSTANDING {this "LOI") is made and entered into this
day of 2009, by and between the City of Federal Way (hereinafter "City"j and
Comcast Corporation (hereinafter "Comcast"), collectively referred to herein as the "Parties".
WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes
Phase IV Project (South 312th Street to Dash Point Road) (hereinafter "Project"); and
WHEREAS, Comcast provides fiber optic cabie service in the general area of the Project
in accordance with Franchise 06-524, applicable Washing#on Sta#e and City of Federal Way
laws, and regulations; and
WHEREAS, in connection wi#h the roadway improvements being undertalcen by the City,
Comcast wiN be required to relocate certain aerial facilities such as cabies and poles into an
underground duct and vault system within the Project area; and
WHEREAS, !n accordance with the Federal Way Comcast Cable Franchise
Agreement, Ordinance No. 06-524, if the City charges Comcast for use of a provided trench,
Comcast sha11 participate in #he joint trench portion of the project (the "Joint Utility Trench
Work and pay the City a portion of the trench costs, including but not limited to, trench
bedding, backfll, and traffic control commensurate with Comcast's proportionate share of trench
usage.
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
PRECONSTRUCTION ESTIMATE.
Exhibit A is a good faith project cost estimate for Comcast's share o# Joint Utility
Trench Work. Costs are based on an engineer's estimate provided by the City's design
Pacific Highway Sou#h NOV Lanes Phase IV Page 1 2Q09
18
consuitant, KPG, Inc. Exhibit B is a good faith total project cost based on an estimate of
Comcast's share of project adminis#rative costs.
B1DDING AND CONSTRUCTION.
A. 1t is the intention of the City and Comcast that Comcast plans and
specifications sha11 be incorporated into the Contract Bid Documents for the Project in such a
manner as to allow, to the extent possible, identification of cost allocations between the Parties.
To ensure reasonabie and balanced bids by potential contractors within the bidding process, the
City agrees to maintain Comcast duct and vault line items as a separate schedule.
B. Following opening of construction bids on the Project, Exhibits A and B
will be updated by the City based on the bid responses submitted for Comcast Joint Utili#y
Trench Work. Revised Exhibits A and B wi11 be provided to Comcast for its review. Within twenty
days vf receiving #he bid prices, C�mcast shall notify the City in writing that Comcast approves
their portion o# the bid awa�d plus administrative costs. Bid award shall be made to the lowest
responsible bidder for the totaf Project subject to applicable laws and regulations.
1fL CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construc#ion
observation, and clerical services necessary for the execution ofi the Project. In providing such
services, the City Director of Parks, Public Works, and Emergency Management and/or his or
her designee may exercise all the powers and perform al1 the duties vested by law in him or her.
Comcast grants to the City Director of Parks, Public Works, and Emergency Management
andlor his or her designee authority to act on behalf of Comcast sufficient to carry out the
provisions of this �etter of Understanding.
B. Comcast shall no#ify the Ci#y, in writing, of any changes it wishes to make
in the plans and specifications which affect Comcast Joint Utility Trench Work, which changes
shall be made, if feasible. The City shall notify Comcast, in writing, of any changes required of
the Joint Utility Trench Work and sha#I obtain Comcast's approval of such changes. Comcast's
approval shall not be unreasonably withheld. Comcast shall be responsible for aN costs
incurred, directly or indirectly, as a result of these or any other changes required or requested
by Comcast.
IV. PAYMENT.
A. Comcast shali reimburse the City for afl costs incurred by the City in
performing the Joint Utility Trench Work, which costs shaU include, but are no# limited to, the
Joint Utility Trench Work performed by the Project contrac#or(s), all Comcast requested
changes, and Comcast's cost share of the City services described in Paragraph III (A) herein.
B. All payments shall be due from Comcast to the City within forty five (45}
days after receipt by Comcast of said sums billed to Comcast. Amounts unpaid after said due
date shall accrue interest at a rate of one (9 percent per month.
Pacific Highway South HOV Lanes Phase IV Page 2 2 9
19
V. INDEMNiFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold Comcast, its officers, employees
and agents harmless #rom any and all claims, demands, losses, actions and liabilities (including
costs and aH attorney fees) to or by any and all persons or entities, including, without limitation,
their respective agents, licensees, or representatives, arising or resulting from, or connected
with, this LOI to the extent caused by the negligent acts, errors or omissions of the City, its
agents or employees, or by the. City's breach of this LOi.
B. Comcas# agrees to indemnify and hold the City, its elected officials,
officers, employees and agents harmless from any and all claims, demands, tosses, actions and
liabilities {including costs and all attorney fees) to or by any and all persons or entities, including,
withou# limitation, their respective agents, licensees, or representatives, arising or resui#ing
from, or connected with, this LOI to the ex#ent caused by the negligent acts, errors or omissions
of Comcast, its agents or employees, or by ComcasYs breach of this LOl.
The provisions of this paragraph shall survive the expiration or termination of this
LO! with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This L01 shall be in fu11 force and effect #rom the date of signature by al1 Pa�ties
to the date the City completes the Final Inspection upon completion ofi the Project and may be
extended for additional periods of time upon mutual written agreement of the City and Comcast.
Adherence to deadline dates is essential to the performance of this LOI.
Vll. OTHER PROVISIONS.
A. The City shaH retain ownership and usual maintenance responsibility for
the roadway, storm drainage system, sidewalks, iar�dscaping, traffic signals and a!I o#her
appurtenances related thereto.
B. Upon completion of the cons#ruction and Comcast's acceptance of the
duct and vault sys#em shall, in effect, transfer ownership of the duct and vault system to
Comcast and Comcast sha11 thereafter be responsible for maintenance of such facilities.
C. Comcast shall be required to obtain a Right of Way Permit to instai} cabie
in the new duct and vault system and to wreck out its obsolete aerial facilities.
D. This LOI con#ains the entire writ#en agreement of the Parties and
supersedes a11 prior discussion. This LOI may be amended only in writing, signed by both
Parties.
E. Any provision of this LOI, which is declared invalid, void or iNegaf shall in
no way affec#, impair, or invatidate any other provision hereof and such other provisions shall
remain in fu11 force and effect.
Pacific Highway South HOV Lanes Phase IV Page 3
2009 1
20
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree
ihat the work, as set forth herein, wi11 be performed by the City under the terms of this LOi.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the
day and year first above written.
CITY OF FEDERAL WAY
Brian Wiison, lnterim City Manager
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
(253) 835-2401
COMCAST CORPORATION
Ken Rhoades, Area Vice President
4020 Aubum Way N
Auburn, WA 98002
(253) 288-7456
APPROVED AS TO FORM:
Patricia A. Richardson, City A#torney
ATTEST:
Caroi McNeilly, CMC, City Clerk
Pacific Highway South HOV Lanes Phase IV Page 4 2009
21
Exhibit A
Pacific Highway South
HOV Lanes Phase IV
Joint Utility Trench Costs
Tota6R Total#
PSE Qwast Cmcst Conduit Conduit Share of
Begin End PSE 2" PSE 4" PSE PSE 6" Spare 4" 3" CFVJ 4" This In Trench �of of %af Traffic %of Str Exc %of Pit %of Graval Thermal PI �%ol %of HMA Y of HMA
Utiliry Stalion Stalion Conduit Conduit Spare 4" Conduit 6" Conduit Conduit Conduit Utility ?rench Langth Trench Mobilizalion Conirol for UIG %of Shoring Run Sand Borrow B/F' of CDF CSBC 1/2" 1" Notes
Comcast 220 300 .7 2 8 �BO 25 $162.08 $599�.98 $930.69 $89.01 $294.06- $417.88 $247:52 �$17.33 .S44s88 .$52.81 $48.50
Comcast 300 460 2.. �2 b1 .�760� 78l. $235,75� $872.s9.�� $1,353J4 $144.01 $427.72�� $589�10 ��.$36Q:04 ���$2520' S65,29 ;16.81 $72:01
��Comcast �6050. 6200 0�� i /50 0% $OAO �.$0:00� $0.00 $0:00� $0.00 �$0.00 $0:00 $0.66.� 50.00 $D,00 $0.00
Ccmcast 460 620 2 2 12� 160 17% $21fiJ0 $799:97 $1,240:82. $132;01 $392:08� $549r17 $330.03 $23;10 �$59.85 $)0.41 $66.01
Camcast 620 620 �1 1 5 �700 .20% $162.08 $599.98� $930:69 $99.01 $294.06 .$411.88� $247.52 $17.33 �$44.86 $52.81 $49.50
Comcasl 450 620 0 2 170� 0% $0:00 $0.00 $0.00 $0.00 $O.W �.$0.00. $U.00 $0�.00 80.00 $0.00 $0.00
Comcasl 650 650 0 1 55 0% $0.00 $0�.00 $0,00 $O.OU $0.�0 $0.00 $OAU $0,00 $0.00 $0.00 $O.UO
Comca6l 650 890 0 1 240 0 $0.00 $0.00 $0�00 $0.00 $0:00 $0�.00 $0.00 $O.W $0�.00 $0.00 $OAO
Comcast 620 750 2 2 11 130 �t8% $191.55 $709:06 $1,099.91 $117.01 $347.52 $486.77 $292.53 $20.48 $53.05 $62.41 $58.51
Comcast 750 890 2 2 12 140 1�/ �$189.09 $699.97 $1,085.81 $115.51 $343�.07 $480.53 $2H8J8 $202t $52.37 $61.6t $57.76
Comcasi 990 B90 1 1 5 90 20% $145.87 $539.98 $637.ti2 $89.71 $284.65 $J70.69 $222.7� $t5.5� $40.40 $47.52 $44.55
Comcasl 850 970 2 2 15 80 13 a $86.44 $319.59 $496.37 $52.81 $15G.83 $'L19.fi� $192.01 $9.24 $23.94 $2tl.ifi $26.40
Comcasl 970 1120 2 2 15 150 13% $162.08 $599.98 5930.69 $99,U7 $294A6 $411.88 $24).52 $17.33 $44.88 $52.81 $49,50
Comcasl 1120 1120 1 1 12 85 8% $57.40 $212.49 $329.62 $35.07 $704,15 $145.87 $87.67 $6.14 $15.90 $i8J0 $17.53
Comcast 6916 6960 1 1 18 45 6% $20.26 $75.00 $116.34 $12.38 $36.76 $51.49 $30.94 $2.17 $5.61 $6.60 $6.19
Cmncast 6880 6915 0 5 35 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Comcast 1120 1500 0 4 380 0% $OA� $0.00 $0.00 $O.OU $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $�.00
Comcast 1120 1150 3 3 30 30� 10% $24.31 $90.00 $139.60 $14.85 $44.11� $67.78 $37.13 $2.80 $6.73 $7,92 $7.43
Comcast 7050 7100 0� 75 50 U% $0.00 $0.00 $0.00 $0.00 �$0.00 $0�.00 $0.00 $0.00 $0.00 $0.00 SO.Oo
Comcast 7100� 7200 0 2 700 D% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00� $0.00 $0.00 $0.00 $0.00 $0.00
Comcasl 1150 1190 3 3 27 40 11 $3fiA2 $133.33 $206�.82 $22.00 $65.35 $81.53 $55.01 $3.85 $9.97 $11.73 $11.00
Comcasl 1790 1365 2 2 12 175 17/ $236.36 $874.96 $1,35726 $144.39 $428.84 $600.66 $360,97 $25.27 $65.48 $77.01 $72.19
Comcast 1365 1500 2 2 12 135 17% $782,34 $674.9) $1,047.03 $111.39 $330.82 $463.37 $278.47 $19.49 $50.50 $59.41 $55.69
Comcast 1500 1580 ��2 2 72 80 17/ $108.05 $398,98 $620.46� $66.01 '$196.04 $274.59 $165.02 $17.55 $29.92 $3520 $33.00
rpomcast 1580 1675 2 2 13 95 15 $118.44 $438.44 $680.12 $72.35 $214.89 $300,99 -$180.88 $72.66 $32.80 $38.59 $36.18
[�ppmcazl 16tS 1820 2�� 2 14 �145� 14% ��$167.87 $621.40�� $963.93�. $102,55 $304�.56 �$426�.59�- $256:36�. .$77.95 $46:49��� $54.69 $5127
Comcast 1820 1900 �2� 2 14 Bd 14% $92.62 $342.84� �$531,82� 556.58 $768.03 �$236.36� $141�.44 ��$9.90.�.�$25.65 $30.77� $28.28
Camcast BO50 8150 ��0 1 100 0/ $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0�.00� 50.00� $O.UO� $0.00
Comcast 1900 2t20 2 2 72 220 77% $297J4 $7,099,96 $7,)082T $181.52 $539.tt $755J2. $453.80 $31,77 $8229� $96.81 $90J6
Comcasl 2720 2120 1 1 5 770 20% $778.28 $659.9� $1,02376 $108.91 $323.47 $453�.07 $27228� $19�06. $49.37 $58.08 $54,46
Comc85� 2120 2330 2 2 15 210 13% $22fi.91 $839.97 $1,302.97 $138.67 $411.68 $576,63 $346.53 $2426 $62.84 �$73.93 $69.37
Comcast 2330 2400 0 12 70 0 $0.00 $0.00� $0.00 $0.00 $0.00 S0.00 $0.00 $0�.00 $0.00 $0.00 $0.00
Comcasl 9050 8130 1 1 4 80 25% $162.08 $599.98 $930.69 $99.01 $294.06 $41L68 $247.52 $17.33 $44.89 $52.81 $49.SU
Comcasl 2460 2480 2 2 22 80 9/ $58.94 $218.17 $339,43 $36.00 $106.93 $149.77 �$90.07 �6:30 $16.32 $192U $18.00
Comcast 9050 9080 0 4 30 0% $OAO $U�.00 $0.00 $0.00 $O,W $0.00 $0.00 $0.00 SO.OU $U,00 $0.00
Comcast 9090 9240 0 2 160 0% $0.00 $0.00 $0.00 $0.00 $0.00 $0�.00 $0,00 $0.00 $0.00 $0.00 $0.00
Comcast 8950 9050 1 1 25 100 4°/, $32:42 $120.00 $186.14 $19.80 $58.81 �$82.98 $49.50 33.47 $8.98 $10.56 $9.90
Comcas� 8900 8950 0 26 50 0/ $0.00 $0.00 $0.00 $0.00� $0.00 $0.00 �80.00 $0.00 $0.00 $0.00 $0.00
Comcast 8900 8500 0 12 50 0 $0.00 50.00 $0.00 $0.00 $0:00 $0.00 $0.00 $0.00 $0.00 $O.OD $O.oO
Comcast 8850 8900 0 10 50 0 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Comcast 8)00 8850 0 3 150 0% $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $U,00
Comcas� .2480 2520 �2 2 18 40 11 $36.02 $733.33 $206.82 $22.00 $65.35 $91.53 $55.01 $3.85 59•97 $11.73 $11.00
Comcast 2520 2675 2 2 11 155 18% $228.38 $845.42 $1,311.43 �$139.51 $414.36 $580.38� $348.78 $24.41 $63�.25 $74.41 $69J6
Comcest 2675 2950 2 2� 11 275 18% $405.19 $1,498.94 $2,326.79 $247.52 $735�.15 $1,029J0 $fi18.8t $43.32 $112.21 $132.01 5723.76
Comcas� 295U 39W 2 2 17 950 18% $1,399J6 $5,781.67 $8,037.80 3855�.09 32,539.60 $3,557.16 $2,737.71 5149.84 $387.64 $456.05 $427.54
Pro)ectTRlals 6,OB9 35819.80 :S2U.90�.39': $32,2>0.52: $Q;433:p3 $16196.tfi, '.$14,281,:42 58.582:59 �$4Q;18 $t-,354.31 S'1.830:55 $1,718;52
Tharmal Fluidized Backfill is 100 PSE Cost
Mobiliza�ion .(Prajecl Mob X(U/G Bitl CosVPro�ect Bid Cost Mob))
Tralfic Control .(?otal TCS Total Flaggers Spotters r Other TC Labor Other TC Control Sequential Artow Sign)(Tnrough January 2011)/3 BU�TOTAt CQMCASi &HR'RE� i!F TRENGH GOS'I'S:' ,-;100
Condult sweeps are not measured
K:�STREE'fS�PHOJECTS�SR99 Phase IV\UtilitiesWOint Trenc� Costs Eslimate Phase IV
Pacific Highway South HOV Lanes Phase IV Page 5 2009
r.�tv c`�€
F�der�l V'���
Pacific Highway South HOV Lanes Phase W
South 392th Street to Dash Point Road
Construction Cost Estimate
I00% Review Submittal
September 28, 2009
No. Sect.
Item
Exhibit A
Qty Unit U�+t Cost
KPG
�E�r 7 LE -L�C.�.�,'�IA
Total
SCHEOULE C COAACAST UNDERGROUNDING
Ct i Install con duit, 3- Inc h Power and Com I 7,900 i �F S 6 i$ 47
C2 'las[all Ha ndhole 253TA I 6! EA i$ 400.00 2.400.00
C3 InstaB Handhole 3030LA 12! EA 200.00 I$ 2.400_00
Subtotal 52,200
SCHEDULE C- TOTAI. ESTIMATED CONSTRUCTION COST 52,200
Pacific Highway South NOV Lanes Phase 1V Page 6
23
Exhibit B
Estimated Costs
Pacjfic Highway South HOV Lanes Phase IV
South 312th Street to Dash Paint Road
ESTIMATED CONSTRUCTION, PROJECT ADM/NISTRATION AND CONSTRUCTION
MANAGEMENT COSTS FOR INCLUDING COMCAST UTILITY TRENCH WORK
ESTIMATED CONSTRUCTION COSTS
Subtotai Construction
Construction Contingency {10% of Constructian Cost)
Construc#ion Management (12.5°/a of Construction Cost)
ESTfMATED TOTAL CONSTRUCTION COST
Project Administration (5°Io of Project Cost)
TOTAL ESTIMATED COST
$153,091.37
$15,309. 44
$19,136.42
$187,536.93
$9,376.85
$196.913.77
Note: The LOI wil! be amended upon receipt of fhe lowest responsible bid. Costs presented
are estimates only. Actual costs incurred will be used to calculate final cost of Comcast
Joint Utility Trench Work for reimbursement to the City.
K:ISTREETS\PROJECTS1SR99 Phase IV1Utilities\Comcast�Letter of Understa�ding.doc
Pacific Fiighway South HOV Lanes Phase !V Page 7
I��
24
COUNCIL MEETING DATE: December I'�, 2��� ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUSJECT: Addition of code language to Federal Way Revised Code (FWRC) Title 19, "Zoning and Deveiopment Code," related
to the timing of collection of open space fee-in-lieu and regional stormwater facility fee payments.
POLICY QUESTtON: Should the City adopt a poticy to defer the payments of open space fee-in-lieu and regional storcnwater
facility fees to a time a later in the development process, or should the city maintain its current policy of collecrion of open space fee-
in-lieu prior to plat recording and collecrion of regional stormwater fees prior to engineering approval? Further, should the City add
language to EWRC Chapter 19.100, "Mitigation of Development Impacts" to codify the existing policy, if this option is chosen?
COMMiTTEE Land Use/Transportation Committee (LIJTC)
CATEGORY:
Coasent
Ordinance
City Councii Business Reso lution
STAFF REPORT BY: Matthew Herrera, Associate Planner
MEE1'ING DATE November 16, 2009
Public Hearing
Other
DEP'1': Community Development Services
Ezhibits: 1) Planning Commission staff report for the November 4, 2009 public hearing with Exhibits A-C; 2) Modification of
amendments based on Planning Gommissiods recommendation shown as 3) Minutes of tt►e November 4, 2009,
Plaaning Commission pubic hearing; and 4) DraB adoprion ordinance.
Background: The City presently coliects open space fee-in-lieu prior to plat recording and regionai stormwater facility fees prior to
engineering approval based on policy rather than code. The proposed policy change to defer the payments of open space fee-in lieu and
regional stormwater facility fees to a time later in the development process is part of the 2009 Planning Cominission Work Program and
was initiated by the Master Builders' Association as part of their Stimulus Package. The following policy alternatives: (i) Maintain the
cucrent policy of collection prior to plat recording for open space fee-in=lieu and prior to engineering approval for regional stormwater
facility fees and add language to FWRC Chapter 19.100, "Mitigation of Development Impacts;" or (2) Defer one or both fees to
Certificate of Occupancy; or {3) Defer one or both fees to point of sale were presented to Planning Comcnission at a public hearing on
November 5, 2009. One public comment was received by a representative from the Master Buiiders' stating that they no longer wished
to pursue a change at this point in time. The Planning Commission recommended 5-0 to adopt a modified version of Alternative 1
(Exhibit 2).
Options Considered: 1) Adopt the Planning Commission's recomcnendation as contained in the Draft Adoprion Ordinance;
2) Adopt the Planning Commission's recommendation_as modified by the LUTC: or 3j Do not adopt the pro op sed oP Iicy
PLANNING COMMISSION RECOMMENDATION Adoption of Option #1 as modified by the Planning Commission.
STAFF RECOMMENDATION Staff recommends the Councii adopt Option #1, adopt the Planning Commission's recommendation as
contained in the Draft Adoprion Ordinance
j s
C[TYMANAGERAPPROVAL: /l�i�" DIRECTORAPPROVAL: i[�
Committee Council Committee Council
COMMiTTEE RECOMMENDAT[ON Forward Option #1; adopt the Planning Commission's recommendarion as contained in the Draft
Adoption Ordinance to the full Council on December 1, 2009, for first reading
Linda Kochmar, Chair Dini Duclos, Member Jim FerreQ Member
PROPOSED COUNCIL MOTION(S):
1� READING OF ORDINANCE (12JIC/fl9) "I move to forward the ordinance to a second reading for enactment on the December 1 S,
2009, consent agenda.
2''� REAU[NG OF ORDINA1vC� i� 5 ji p�: '7 move approvat of the L UTC's recommendation to approve the code amerralments, which are
contained in the Adoption Ordinance.
(BELOIi' TO �E COMPLETED BYClTYCLERg'S OFFIGE)
COUNCQ. ACTION:
AFPROVED COUNCIL BII.L
DENIED 1sT reading
TABLEDIDEFERitED/NO ACT[ON Enactment reading
MOVED TO SECOND RE�IDING (ordinances only) 25 ORDINANCE
REV[SED 02/06I2006 RESOGUT[ON
I�, I
LAND USEITRANSPORTATION COMMITTEE STAFF REPORT
DATE December 1, 2009
To: Chair Linda Kochmar; Committee Members Jim Ferrell and Dini Duclos
VIA: Brian Wilson, Interim City Manager 1�1�`���
FRONt: Greg Fewins, Director of Community D ve opment Se�Yc�es
Matthew Herrera, Associate Planne:�
SUBdEGT: Follow-up to November 16, 2009, Land Use/Transportation Committee (LITTC)
Meeting regarding the Deferment of Open Space Fee-in-Lieu and Regional
Stormwa#er Faciiity Fee
MEETING DATE December 7, 2009
A. POLICY QUEST[ON
Should the City adopt a policy to defer the payments of open space fee-in-lieu and regional
stormwater facility fees to a time later in the development process, or should the city maintain its
cunent policy of collection of open space fee-in-lieu prior to plat recording and collection of regional
stormwater fees prior to engineering approval? Further, should the City add language to Federa! Way
Revised Code (FWRCj Chapter 19.100, "Mitigation of Development Impacts" to codify the existing
policy, if this option is chosen?
B. BACKGROUI�iD
The Land Use/Transportation Committee (LUTC) considered the above policy question on Monday,
November 16, 2009. The committee requested written responses from Sam Pace of the Seattle King
County Realtors and Garrett Huffman of the Master Builders Associakion outlining their respective
organizations' position regarding the deferment of regional stormwater fees assessed by the city. The
committee directed staff to obtain and then forward those responses to the December 7, 2009, LLTTC
meeting.
As stated in the attached letters (Exhibits 5 and 6) Mr. Pace and Mr. Huffman have requested the city
defer the collection of regional stormwater fees to the point of sale for single-family residential
development and Certificate of Occupancy for commercial and multi-family development.
Page 1 of 2
��7
The following responds to a question raised during the November 16"' LUTC meeting regarding
specific costs of the regional stormwater facility fee. Listed in the table below are regional ponds that
can be utilized by development to provide offsite starmwater flow. To utilize these ponds, the
development must be within one of the three basins and pay the associated per acreage fee. The fee-
in-lieu is calculated based on the entire area of the parceis being developed.
C. PLANNING COMMISSION RECOMMENDAT[ON
The city's Planning Commission recommends the city maintain its cunent policy of collection of
open space fee-in-lieu prior to plat recording and collection of regional stormwater fees prior to
engineering approval, Further, the Planning Commission recorr►mends adding language to FWRC
Chapter 19.100, "Mitigation of Development Impacts" to codify the existing policy as shown in the
draft adoption ordinance.
Public Works staff concurs with the Planning Commission recommendation that the regional
stormwater fee collection policy remain at engineering approval due to the following:
Drainage impacts occur as soon as site ciearing begins.
The deveioper is not required to utilize detention capacity within a regional pond. Should
the developer choose, on-site detention can be used to meet flow conirol requirements.
Having a development within a basin that drains to a regional facility allows the developer
to select the least cost option.
The Surface Water Utility will continue to make payments of approximately $198,000 per
year on the Public Works Trust Fund loans, used to construct the Kitts Corner facility and
conveyance improvements in the associated watersheds thru 2019.
K:\2009 Code Amendments�(rtq>act Pee Poim of CollectionU.UTC11 20 2 20 0 9 LUTC Memo.dce
This raRge is based on the subject property's distance to the faci(ity. The further the property is from the facility, the higher the
cost. This is due to increased infrastructure improvement costs to convey the stormwater.
Page2of2
27
Ct3Y �F `::{'``"�:t?""�
P���_.1_��-�-
STAFF REPORT TO '�'HE PLAI�iNING COMMISSION
Public Hearing November 4, 2Q09
Policy Issue Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee
(File No. 09-101418-00-UP)
I. OVERVIEW
The proposed develapment regula.tion is with regard to timing of c�pen space fee-in-lieu and
regional stormwater payments to the city. The Federal Way Revised Code (FWRC) does not
currently prescnbe the fitmng of such payments. As an administrative policy, the city collects
open space fee-in tieu prior to recording a residentiai subdivision with the King County Division
of Records and Elections, and collects regiona.l stormwater faciiity fees prior to engineering
approval. Staff reco�nends tfiis policy become codified within the FWRC.
This develapment regulation amendment was initiated by the Master Builders Association
(MBA) of King and Snohomish Counries a.s part of the associa.tion's local `economic sdmuius
plan' directed towards severat local jiu�isdictions. Deferring the collecrion of impact fees to a date
closer to the actual im�act is one of several items the MBA suggested the city add to its 2009
Long Range Work Program. It is the MBA's position that deferring the collection of impact fees
to a date closer to the actual impact would reduce "carrying costs" of the development. Carrying
costs, such as i�act fees, increase the amount developers must finance and accumula.ted interest
associated with such costs increase the costs of the overall development.
Notwithstanding the recently adopted Tra.ffic Impact Fee, the ciry does not urilize impact fees, but
instead can accept a fee-in-lieu for open space and directing stormwater run-off from developed
sites itrto one of the city's regional facilities. The fee-in-lieu aption is for developers that choose
not to provide onsite open space for residenriai subdivisions or stormwater detenrion faciliries in
areas within the city's regional stormwater facility basins.
Fees Considered for Deferment
City staff first ident�ed the following fees associated with new development for possible
deferment: traffic, school, open space, and regiona.l stormwater faciliry. However, since the City
Council has recently adopted a Traffic Impact Fee and deferred payment to the property's point
of sale for single family development and building permit for ali other development as part of the
new ordinance, staff no longer proposes to address this fee. Aithough collected by the ciry via an
inter-local agreement, school impact fee policies are set by the Federa.l Way Public School
District; therefore, staff proposes not to address this fee; thus lea.ving the open space and regional
stormwater fee-in-iieu options as possible candida.tes for deferment
Residential subdivisions are required to provide open space in the amount of I S percent of the gross land area of the subdivision
site; however, aY the discretion of the Parks Director, they may pay a fee-in-lieu in khe a�unt of 15 percent of the pre�ivided
assessed land value to satisfy open space require�nts.
Z Regional stormwater fees are assessed to develapr�nts that choose to utilize one of the city owned stormwater facilities. 'This
option provides devetopers the option of paying a fee-in-lieu of providing on-site stormwater detention pond.
Deferment of Fees Code Amendr�nt
Ptanning Conunission Staff Report
Fite #09-1010.18-00- UP/ Doc ID 51870
Page 1 of 7
28
II. PROC�nuRaL Su�Y
The praposed develapment regulation is exempt from environmental review pursuant to State
Environmental Policy Act Rules 197-11-800(i9), Procedural Actions. The proposal relates solely
to governmental procedures containing no substantive standards respecting use or modificarion of
the environment.
Public notice of the Planning Commission hearing was provided October 17, 2009, gursuant to
procedures within FWRC 19.80.170 and emailed to �e department's stakeholders (Exhibit A)
October 16, 2009. One comment was received via email from John Norris of Norris Homes
Incorporated on October 18, 2()09 (Exhbit B).
III. SUMMARY OF DEVELOPMENT REGULATION OPTIONS
Staff has presented the Plaaming Commission with the fallowing three scenarios:
i) Retain the current policy with no change;
(2) Defer the collecrion of the fees to Certificate of Occupancy; or
(3) Defer the collection of the fees to the point of sale of the properry.
Fee Option #1 Option 2 Option #3
Carrent Policy Defer to Certificate Defer to Paint of 5ale
of Occnpancy
Open space fee-in-liea Paict prior to plat Fee woald be divided np Fee would be divided up
recording. amon�t all prop�ties amongst all �operties
(Not applicable to within the subdivision within the subdivision and
comm�ciaUmulti- and paid prior to the paid at the time of sale of
family developments_) occnpaacy of the the home via a li�
completed home. initiateci by the city.
Regional stormwat� Paid prior to Fee would be paid prior Fee would be paid at the
facility fee-in-iieu engme�ing to the occupancy of the time of sale of the homeJ
approvaUbuilding comple�ed home/ cotnmercial buildiug via a
permit issuance. commercial btulding_ lia� initiated by the city.
I�. ANALYSIS OF CURRENT POLICY (OPTION #l�
Open space and regional stormwater fees are cunently collected prior to construction. Exisring
collection policies provide the city with assurance tha.t fees are paid as: (1) the subdivision/plat
can not be recorded without payment of open space fees and lots are not officia.11y divided until
the ptat is recorded with the county; and (2) construction acrivities may not begin until the
apglicant pays for the use of a regional stormwatei facility.
The impetus for the policy change, in part, is to defer fees to a time closer to the actual impact of
the development. Currently, apen space fees are collected after plat infrastructure (roads, sewer,
water, etc.) is com�leted, but prior to the occu�ancy of the individual residences, which can be
argued is the actual time of impact. Converseiy, regional stormwater fees are collected at the time
of impact as the construction process (clearing, grading, and paving) results in an immedia.te
itn�act to the praperty.
Defemient of Fees Code A�ndu�ent
Pianning Coaunission Staff Report
File #09-1010-18-00- UP Doc ID 51870
Page 2 of 7
29
G�� ��.�.,.,,.�l�.�._.
i
Open Space Fee-in=lieu is a rype of mirigarion and not an irn�act fee. State �aw restricts the use
of mirigation paymer�ts to only those iden�ified projects directly related to the develapment. This
limits the utilizario� of Chese fees to a specific park co�rehensive plan planning area tha.t the
subject properly falls within. Fees are currently collected for the entire pre-divided parcel prior to
recording the plat and must be used within five years of collection, or they are refunded to the
property owners of reeord
Regional Stormwater The ability t4 utilize one of the city's regional stormwater facilities often
allows the developer to forego the need to provide an on-site detention pond. Public Works
Deparhnent standards require devetopers to eontain stormwater flows at a similar ra#e as the
properry's pre-developed condition. Fees collected for regional stormvvater facilit� usage aze used.
for construction cast recovery and the facilities ongoing maintenance.
V. AIKALYSIS OF THE PFFtOPOSED POLICY C�IA�fGE
Deferment of fees would r�sult in the city reeeiving payment after construction is co�leted.
Deferring the collection of fees until the end. of construcrion increases the risk of no�a.yment
Sueh a deferment may also put the city in the position of withholc�ing occupancy to a co�leted
building ar hame. Staff analyzed two aptions for fee deferment Option 2, defer payment to
Certificate of Occupancy; and Option 3; defer payment to point of sale.
Option #2, Defer to Certificate of Occupaney The Certificate of Occupancy is the finai sta.ge of
permitting. A bui.lding inspector from the Department Comanunity Development Services conducts
a final inspection of the completed home or commercial building and grants occupancy if all
required improvements are completed per the approved plan. Persons may not reside or conduct
business in a home or building until the Certificate of Occupancy is gra�►ted if it is found the
applicant has not paid open space fee-in-lieu fees o,wed to the city, the inspector would be required
to withhold the Certificate of Occupancy until the balance of fees ar� paid This could potentially
put the ciry in the awkward posirion of withholding occupancy for non-payment of fees.
Potential Adverse Effects of Deferring to Certificate of Occupancy
City inspeetors placed in the awkwazd position of withholding
occupancy to a compieted home for non-safety issu�.
Open Space Fee-in-Lieu Piecemeal collection and state mandated time limitatia�s W use
fees would make utilization o� funds difficult
Adds to administrative costs of tracking and impl�eutation
City inspectors placed in the awkward position of withholding
occupancy to completed commercial buildings and homes for
Regional Stoimwatea Facility F� IIOg-
Fees are collected following the actaal impack
Stormwat� flow eontrol could be p�o�rided thronghaut the
construction proc�s without payment for s�vices.
Defera�ent of Fees Code Arnenduient
Planniug Commission Staff Report
�,�e�-ioio-is-oo-cr�►i n� ID sis�o
Pa� 3 of 7
30
Option #3, Defer to Point of Saie The deferment until point of sale could patenrially put the
collection of fees past the Certificate of Occupancy. This may be accomplished by placing a
covenant or lien against the properry requiring payment prior to ciosing.
Pote�ttia! Adverse Effects of Defemng to Point of Sale
City is unable to track past the pamt of Ceatificate of Occupancy.
Collection of fee is depe.nd�t on escrow age.�nt ensuring payment
Open SpaEe F�-in-Liea is made prior to closing.
ae
Pieceu►eal collection and state mandated time limitaiions to use
fees would make ntilization of funds dif�cult
Additional administrative and collection costs.
In the case of commercial/multi-family ase,' the develapea may
hold onto die properiy for an ade,nded period of time, or have no
int�tion of selling, the�eby avoiding fee payme.nts.
Regional Stormwa.ta Facility Fee City is unable to track past the pomt of Certificate ofOccnpancy.
Collection of fee is de�end�t on escrow ag�t ensuring payment
is made prior to closing.
Stormwat� flow control could be provided throughout the
construction �ocess and beyond without payment of services.
VI. .TiJRISDICTIONA�. COIV�ARISONS
The� deferment of. impact fees is a relatively new poiicy brought about by the current economic
downt�. Most jurisdictions in Washing#on State, including Federal Way, collect fees at building
permit issuance for comanerciaU3nulti-family uses and at plat recording for subdivisions. The
fotlowing four jiuisdicrions have either had deferment policies or currently implemen# a
deferment option.
1. Pierce County Pierce Counry e�cperimented with allowing delayed collection of i�act fees
at point of sale (Option #2) subject to a voluntary lien. However, Pierce County rescinded this
provision afier experiencing a 27 percent failure rate on i�act fee cot�ection.
2. Kitsap County Kitsap County deferred impact fees to Certificate of Occupancy (Option 1),
but due high ra#es of non-payment, Kitsap moved the collection point to prior to the final
inspection of the building permi�
3. City of Sa»amamish This year, SammaYmsh adopted a policy to allow deferment to the point
of sale until Dece�er 31, 2010. As of the date of this report, no failure in collection has been
found.
4. City of Odympia Olyr�ia recently adopted a policy to allow the deferment �.mtil the point of
sale for develc�ments within the downtown area. The policy will sunset August 2010. As of
the date of this report, no failare in collection has been found.
3 The term mmmerciaUtrntlti-fairWy use is meant to refer to uses other than subdivisions.
Deferment of Fees Code Amendment
Piamiing Commission Staff Report
Fite #09-1010-18-00- UP Doe ID 51870
Page 4 of 7
31
�a������
VII. PLANNING COMNIISSION �PTIONS
Sta.ffpresents the Planning Commission the following options for the open space fee-in-lieu and
regional stormwater facility fee:
a. Open Space Fee-in-Lieu:
1. Retain the current policy with no change;
2. Defer the collection of the fee to Certificate of Occupancy; or
3. Defer the coliection of the fee to the point of sale of the properry.
b. Regional Stormwater Facility Fee:
1. Retain the current policy with no cl�ange;
2. Defer the coilection of the fee to Certificate of Occupancy; or
3. Defer the coilection of ttte fee to the paint of sale of the property.
VIII. STAFF RECONIlVIENDATION
Staff recommends the fee collecrion policy rema,in unchanged for both fees (Oprion #1) due to the
following:
1. Mainta.ining the current policy of collection (Option #1) at plat recording for open space
fee-in-lieu and engineering approva.l for regiona.l stormwater provides the greatest
assurance the city will receive payment of the two fees.
2. The impetus for the policy cha.nge, in part, is to defer fees to a rime closer to the actual
impact. With regard to regional stormwa.ter fees, both Options #2 and #3 defer the
collection to a point after the actual impact; therefore, ma.king the policy inconsistent with
the premise that fee collection should be tied to the point of impact.
3. Unlike the newly adopted Traffic Impact Fee, these fees are not ma.ndatory. The developer
does have the option to provide onsite open space or a stonnwater detention facility.
4. Deferring fees to point of sale (Option #3) could result in a loss of collection as the
developer may have no intention af seiling the properiy once construction is completed.
5. The fragmented collection coupled with mandated time limits to use fees could cause
difficulty in the utilization of open space fees.
6. The fragmented collection of fees wouid add additional tracldng and administrarive costs.
IV. BASIS FOR PLANNING COMIVIISSION ACTION
FWRC Title 19 "Zoning and Development Code" Chapter 19_80, "Process VI Review,"
establishes a process and criteria, for development regularion amendments. Consistent with
Process VI review, the role of the Planning Commission is as follows:
1. To review and evaluate the proposed devetopment regulation amendments.
Defer[�nt of Fees Code Auiendment Fite INf9-i010-is-DO- UP/ Doc ID 31870
Planning Comarission Staff Report Page 5 of 7
32
2_ To determine whether the proposed development regulation amendment meets the criteria
provided by FWRC 19.80.130_
3. To forward a recommenda.tion to City Councii regarding adoption of the proposed
deveiopment regulation amendment.
V. DECISIONAL CRITERIA
FWRC 19.80.130 provides criteria for development regulation amendments. The following
secrion anaiyzes the compliance of the proposed amendments with the criteria provided by
FWRC 19.80.130_ The ciry may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
Policy CFP 1 Provide needed public facilities and services to implement the Federal
Way Comprehensive Plan.
Policy CFP6 Proteet investments in existing facilities through an appropriate deved oJ
maintenance and operation funding.
Policy CFP 13 Provide the capital facilities needed to �erve the funcre growth
anticipated by the Federal Way Comprehensive Plan_
Staff Response Maintaining the current policy of fee collection at pla.t recording for
open space fee-in-lieu and engineering approval for regional stormwater facilities
provides assurance the preceding three comprehensive plan policies can be implementecL
Payment defaults rnay cause level of service deficiencies due to increase dema.nds on
existing facilities.
2. The proposeci amendment bears a substantial relationship to public health, sa.fety, or
weifare.
Sta, ff Response The cunent point of coliecrion policy ensures payment, protects level of
service, and provides consistency.
3. The proposed amendment is in the best interest of the residents of the Ciry.
Staff Response As mentioned previously, the cuirent policy assures payment of regional
stormwater fees at the point of impact and assurance that open space fee-in-lieu is paid
without delay to occu}�ancy.
VI. PLANNING COMIVIISSION ACTION
Consistent with the provisions of FWRC 19.80.240, the Planning Commission ma.y take the
following actions regarding the proposed development reguia.tion amendments_
Defercnient of Fees Code Act�ndment
Planning Commission Staf�Report
File #09-1010-18-00- UP Doc ID 5 t870
Page 6 of 7
33
r
A. Open Space Fee-in-Lieu
1. Recommend to the City Council adoprion of Option 1(staff recommenda.tion);
maintain the current method of collection at plat recording as shown in Exlubit C,
FWRC Chapter 19.100, "Mitigarion of Development Impacts."
2. Recornmend to the Ciry Council adoption of Option #2; defer the collecrion of the apen
space fee-in-lieu to Certificate of Occupancy.
3. Recommend to the Ciry Council adoprion of Oprion #3; defer the collection of the apen
space fee-in-lieu to the point of sale of the property.
4. Modify Option 1, #2, or #3 and recommend to the City Council adc�rion of the
modification.
5. Forward the poticy question to the Ciry Council without a recommendation
B. Regional Stormwater Facility Fee
L Recommend to the City Council adaption of Option 1(staffrecommendation);
ma.intain the current method of collection at engineering approval as shown in
EZChibit C, FWRC Chapter 19.100, "Mirigation of Development Impa.cts."
2. Recommend to the City Council adoption of Option #2; defer the collection of the
regional stormwa.ter facility fee to Certificate of Occu}�ancy.
3. Recommend to the City Council ad.oprion of Option #3; defer the collection of the
regional stormwater fee to the point of sale of the property.
4. Modify Option #l, #2, ar #3 and recoirunend to the Ciry Council adoprion of the
modifica.tion;
5. Forward the policy question to the Ciry Council without a reco�nnendation.
ExHISiTs
Exhibit A- Coinmunity Development Services Stakeholders List
Exlubit B- Comment Received from John Norris
B�ibit G- Proposed Code Amendment FWRC Chapter 19. lOq "Mitigation of Development In�acts"
Report Prepared hy: Associate Planner Matthew Herrera
Defer�nt of Fees Code Amend�nt
Planning Commission Stat�'Report
File #09-10 i0-18-00- UP Doc ID 1870
Page 7 of 7
34
CODE AMENDMENTS AND DNS NOTICE
Stakehoiders List
as of June 18, 2009
Bob Cooper
Lloyd Ent�prises Inc.
PO Box 3889
Federal Way, 9VA 98063-3$89
€�t?9�c��El� i�3 c� eer�yris�ii��,cont
Chris Carcel
Friaid of the Hylebos
PO Box 24971
Federat Way, �VA 98093
��ti�ts� -u`�ile�s or�
Dan Biles
SBI Developing
PO 8ox 73790
Puyallup, WA 98373
d:u��'u.���d€�uil�uru�.s.z�s�i
Kurt Wilson
SBI Developing
PO Box 73790
Puyallup, WA 98373
(253)539-8116
kur� :;sr,uudbuuiltl�c�rues.=�t��n
Darla Morin
Harsch Investment Prop�ties
i301D NE 20�' Street, Suite 450
Bellevne, WA 98005
(425)284-5352
t�:3L�a7El"1(iT' i�[K.�3�CB�Ci
Julie Ramseth
Harsch tnveshnent Properties
13010 NE 20`� Street, Suite 450
Bellevae, WA 98005
{534)45fl-0778
��iie.r�cula�scl�.�c►�n
Don Peary
Lake�avex� Utility District
PO Box 4249
Fedeaal Way, WA 98063
c'��E lF 3i� £fl,��F$
Tim Osborn� PE
Lakehave� Utility District
31627 I�` Ave,nue Sonth
Federal Way, WA 98003
(253) 946-5540
tc�s�sn
[C�2009 Code Amm�misUmp�t Fee Pomt ofColledmn�stakehoWer intetested ps[ties mailmg Istdoc
35
John Bowman
Lakehaven Utility District
PO Box 4249
Federal Way, WA 98063
(253) 946-5401
�ISn�c���,�i l ��eh�� ��.��g
Paul Manzer
Pacland Development Consalting
11235 SE 6�' S�e�, Suite 220
Bellevue, WA 98004
(425)453-9501
�an;�er�v%��and.ct3�i
Gil Hulsmann Rod Leland
Abbey Road Crroup Fedaal Way Pnblic Schools
PO Box 1224 31405 18` Av�ue S��
Puyallup, WA 98371 Fedexal Way, WA 98003
(253) 435-3699 ��F%��� i'����-S�'���_�
�_i�u�srn��a.��,,;�rnad�nt��c
Jennifer povey
Windamere
33405 6"` Avenae South
Federal Way, WA 98003
(206) 423-8000
,�uii��>e;yu�: ��a�c�ertn�e.cor�
Sid White
Fedeaal Way Pablic Schools
1066 Sont#� 320` Sireet
Fed�al Way, WA 98003
(253) 945-5935
5t�;�il3:e i �;f J'ipS.t3FS
John Noms
Norris Homes
2053 Faben Drive
Mercer Island, WA 98040
(206)275-1901
j U�FL�fa�f TtS.J-.;COY11Ch�L
Steve Kelly
ESM Consulting Engineers
33915 1�` Way Sonth, Suite 200
Federal9Vay, WA 98003
(253)838-6113
J1L'_i�f;. �L'���Ci1 i'�E2C!'�i3�_i.Gl if
Mark Clireliugh
GVA Kidd�, Mathews, Segn.�
1201 Pacific Avenue, 1400
Taeoma, WA 98402
(253)722-t4tb
Ii3aIfiEGUfl a�z_ectin�
Paul Lymberis
Quadrant Homes
PO Box 130
Ke,nt, WA 98042-4557
{253) 630-5541
E�� �7�����
PAG��_�� Page 1 of3
Ron Biesold
SouW King Fire Rescue
31617 i�` Avenne South
Federal Way, WA 98003
{206)227-9301
FZ.vn.�iFescld;�souttakin��re:ar�
Tom Raymond
South King Fire R�scne
31617 1�` Avenne Sonth
Federal Way, WA 98003
(253)946-7241
T+�Er�.ra�,7uo��suuEhl ur�.
Tom Pierson
Federal Way Chamb� of Comm�ce
PO Box 4220
Federal Way, WA 98463
{253)838-2605
torn�i �f�cxa[wa����nl�er.;,�
Bellevue, WA 98009 Sam Pace
(425) 452-6556 Sea/King County Assoc of Re.aitars
�;1i��.�i!F3i��ft� iti il;lc"��'iEiE�tT�Ei3S21c'. 29839 154�' Aves�ue SE
__Z___��..�..�..�_
CODE AMENDMENTS
AND DNS NOTICE
Ron Tremaine
Redstone Development
Land Acc}ni�ition and Developme�t
17417 433`� S�e� SE
North Bend, WA 98Q45
E C�S�SSD t'�aIIiQ%�i��3E1�1i� COEiI.
425-831-7730 (wk)
206-353-i761(cell)
425-831-7783 {fax)
Monte Poweli
Powell Homes
29607 8 Av�ue Soutti
Fedeaal Way, WA 98003
ruonte{u:�ue11-�o�es_cct�
H. David Kaplan
30240 27"�' Ave.nue Soath
Federai Way, WA 98003
��ki�?4��r;;h���iLc4 n�
Garrett 1. Hui�'man
IViaster Buildeas Association
of King/Snohomish Counties
335 116"` Avmue SE
Bellevue, W� 98004
��tiE�s�3E�'(L-'�F�3;3�. GaLf3
425-460-8236 (MBAKS)
(�aig Deav�
C�S NW, Inc.
E-mail
8rant A Schweikl, P.E.
Managin� M�ber
Schweiklkl and Associates, PLLC
705 Sonth 9'� Street, Snite 303
Tacoma, WA 98405
�chw�kl�w�sac iz i.L���t
253-272-4451(wk)
253 272=4495(fax)
Mike.Behn
Quadrant, Developm�i Managea
14725 SE 36'�` Street, Suite #200
PO Box 130
Bellevue, WA 98009
Fnike_bs��:'�a���dra�thom es.r,�?3n
425-452-6563
425-753-4866(cell)
Hans Korve
726 Auburn Way North
Aubnrn, WA 98032
�1333 S�C�J.L�tli[3-tiF� E15
253-383-2200
Bob Ropa
�T• FJj3E3'(u;fOif1G25F_12C'4
253-941-6954
Dale A Roper
The Rope� Company
Landscape Architectare/
Site Planning
816 C"1�erry Avenne, #3A
Smm�ea, WA 98390
253-891-1030
253-826-3891 (fa�t)
I�}3t'd'L�d�L�;� �.�UITi
Gary Hexing
i439 SW 296'� Street
Fedexal Way, WA 98023
�213�E��tL�CII2�iCd5£ _f3f;E
Tim Atkins
Big Mountain Euterprises
tirt��bi�naxuzta�uc���L���
PO Box 1001
E�u�claw, WA yx022
Bill McCaffrey
wnv� sma�
1911 SW Campas Drive, Stute 116
Fed�a1 Way, WA 98023
u��znceaf�re�T'cuco�ca..�_ n e�
Tom Barghausen
Barghausen Consulting Engine�'s
18215 72 Avenue South
Keut, WA 98032
Ebar anss��w-�ara 3iF�#�3.C•C31E
Pe#ea Townse�d
i 648 South 310"` Sireet, Suite 6
Federal Way, WA 98003
253-839-2947
From the Clearing Grading
POR tist
Mike Baily
LDG Architects
1319 Dexter Aveuue, Suite 260
Seattle, WA 98109
206-283-4764
i�iF��'.%�t�a3[fE3i��#S-COi3t
c�.a w�
OTAK
10236 NE Pomts Drive, Suite 400
Kirkland, WA 98033-7897
206-442-1359
c:�€�€.vF�ser(�ri�ot�:..e�tn
Christine Balyeat
New Concept Homes
PO Box 1229
Issaquah, WA 98027
����y�.��;'�; EtG1iIt9i�.f6�f
Mazk Freitas
33516 9"' Av�ae South
Federal Way, WA 98003
253-838-8327
IYLiLi��Ct�3t �C&_i'(33It
Tres K�kebo
APex Engtne�ug
260 i 35'� Street, Suite 200
Tacoma, WA 98409
253-473-0494
l��rk��u(�e�'�p,�c�
Dennis Hanebeag
���g
2601 35'� Stre�, Suite 200
Tacoma, WA 98409
253-473�494
l�a�xbc��(�a�gi�i-eciEx .g n�E
Gary Martindale
The Commons of Fede,ral Way
1928-B South Commons Bivd
Federal Way, WA 98003
253-839-b156
z�s���iacial�wF.c.a.fw. c��
g��t8;`a`�e_�c��i Jeff Greene
Auburn, WA 98032 Gree,�e Gasaway Architects
PO Box 4158
E�C�����
K��2W9CodeAmmdmm�UmpaMFeePomtofCo&vxionlsbkeltoldamtaestsdputiesmailinglistdoc p����_��� Page2of3
36
Federal Way, WA 98063-4158
2�3-941-4937
3�_EfLP�3.t'C�3 iGlSi21f3 C:t. i_t3323
Steve Hammer
8rowleit Peterson Hammer
Architects
6920 220�' S W, Suite 200
Mounfilake Terrace, WA 98043
��e�-e�'�b�h�ch.co�
Mel Easter
Johnson Braund Design Group
152U0 52� Avenue South, Suite 200
Seattle, WA 98188
206-766-8300
rncfe�`�iiibcl �*-�a?rn
Koong (�io
Royal HosQitality
(HamPton Inn)
15901 West Valley Higb.way
Tukwila, DVA 98188
253-318-0908
�u���c%i;co�casi. ��;t
Jim Jordan
(Saghalie Heights developer)
zlur ct an(iU �cn �t. c r�t
Mike Hovland
Hovland Architects
900 M�idian Ave East, Suite 408
Milton, WA 98354
�fi.�43tC�F� tZ;•CUr1iC�iE51:.fiCE
Dave Thorstad
406 South 289"` Place
Federal Way, WA 98UO3
t���31'C}li�i:4_(ci;CO1f 2.0 i3 at .iE C�
DBII COX�1
F'�IIlIt1eS CO.
(St. Francis Hospit�t)
1325 4�` Ave.nue, Suite l035
Seattle, WA 9810t
c�cox�[i;�h�z���a.c�,Fn
Tony Starkovich
1611 9�` Avenue North
Edmonds, WA 98020
425-775-6532
sri�ta�c�agi�f;i�?i�ntrn��il_r�m.
Gareth Roe
BCRA
2106 Pacific Avenue, Suite 300
Tacoma, WA 98402
253-627-4367
L1�iry_ �,'c;�S.C:fdL�.CS EYt[3 t'f�tEJ
Heidi Swartz
Swartz Developmeat
5724 30th Ave NE
Seattie, WA 98105
(206) 730-6933 cell
(206) 527-8999 fax
�p�
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Page 3 of 3
37
Tina Pi
From:
Sent:
To:
Cc:
Subject:
John Norris [johnnorris@comcast_net]
Sunday, Octobec 18, 2009 5:12 AM
Tina Piety; Matt Herrera
Margaret Clark
RE: Ptanning Commission Meeting
They shauld rspeat bot� of the ordinances #hat �harge th�se f�es. 7he open space f�e is extremely exc�ssive
and punishes peo�ls who hel�! an ta their lar�d longer. Mrsst of Federal way was built witho�t the open space
fee so the very people v�ho actually provided o�en s�ace t�y not dev�(oping their land got �unished with a tax
equal tn 1.5%a of the assessed value of their iand. They pa'sd taxes on their (and a!1 af #ha# time, it was probably
their nest egg or something and along cornes govern�ner�t probabiy bac�Ced up by some citizens v�tho sornehow
justify that it is okay to steei tE�eir neighbor� stuff as long as they ge# the governmet�t to do it for th�m. 4 do
not ur�derstancf vvhy some }�opie are supposed to provide open spa�e far other people to use. lt seems to me
tha# the ru{e used to be that if th� governrnent needed yaur land #arthe gooc! of the pu6lic they could
condemn it and buy it for fair aatue or fair vafue pius 10� if �uu had to movs. Bacit ther� the governm�nt
neec�ed v�+ay less land vsrhen they had to buy it, but now t�at they just pass ordinanees.that aHow them to steel
it, they steel twice as much as they need. Just like aEl of the sensitive area �ruff�rs.11ithy steel a 5 foot iauff�r
when you can stee! 50 foot buffer for the same cost (free}. ActualEy in a lot cases #h�y charge us a fee, �nake us
hire a consuttant or fiHO, fill o�t an application, �ump through a fevv h�ops to get permission to have the city
steel our bufFer. TI�� best part was whe� th�y tr+pled alt of the buffers and caEled it "Best Science".1Nhat they
�neant was "no scisnce" or "rnade up science". Best science would have been to have bu#fers detert by
each individual sensitive area, based Qr� th� uni�ue natu�e of#he s�nsi#iv� area i� questian, the government
agency the buffer should 1�av� to buy the bufFer fior the goad af the public so that they are r�ot
t�mpted to steel �.0 tirnes as rnuch as tizey rseed�d. Go�ernrnent shou�d not ever b� allouaed to spend other
p�ople's mor�ey. Oops did that turn into a rara#� �i� t do rny {evert with good inten�ions} governrnent sucks
rant? Sorry f was just throwing rny sligh�ly jaded op�nior� out #�ere. I an� not bitter ar�d i stifl like everyone.
Could sorneane f�rward this on to eac� council rner�ber for rr�e� Oh and if anyone takes offense, this wasr�'t
�tritten by Johr� Norr�s, it vuas actualiy writ#en by that little smart ass in his head, sam�times he gets loos� a�d
sends aut inflamrnatory emails before John �an stop him.
.Ji �I-�I i4i��..EZ.�
i�Z 3<:�z";�'ti 3" :::�:'��.x`�.' �°�s:�, r-;�,.
f s :�?:�`��,:l���
,c. x -.�t :t.
f�. �s:�.^�r.
'r�e'>�_§:...-�` �iil'k� s��c.:: ��t>�
From: Tina Piety [mailtio:Tina.Piety@atyoffederalway.comj
5ent: Friday, October 16, 2009 5:14 PM
To: Matt Herrera
Cc: Margaret Clark
Subject: Flanning Commission Meeting
Nello,
7
y F
P��� v� n�
38
Please see the attached notice of the November 4, 2009, Federal Way Pianning Commission. The Commission will
consider whether the collection of the open space fees and stormwater fees should be deferred to a later date in the
development process. The city currently collects open space fees prior to piat recording and regional stormwater fees
prior to engineering approval. Please contact Associate Ptanner Matthew Herrera at 253-835-2643, or
���tt.herrera�c ci#ya#federa��r,�� r�.c�t�� with any questions.
Ti,v�a. i%e,ty, tt dGn�wvi.i�trat'w� �t�i.�ta.v�t II
Community Development Services
City of Federal Way
Street: 33325 Sth Avenue South
Mail: PO Box 9718
Federal Way, WA 98063
253-835-2603; Fax 253-835-2609
EA���I�
�X�����
PA�����.�-
z
39
FEDERAL WAY REVISED CODE
Sections:
19.100.0t0
19.100.020
19.100.030
19. lOQ.040
19.100.050
19.100.060
Titte 19, Zoning and Development Code
Chapter 19.100, Mitigation of Deve�op�ent Impacts
P ose.
PA�� 1
Definition.
Determina.tion of direct impact.
Costs.
Mirigation of direct impacts.
Methods of mirigation.
19.100.U10 Purpose.
It is the purpose of this cha.pter to provide alternarives for prospectivedevelc�ers of land within the city to
mitigate the direct in�acts that have been specifically identified by the eiry as a eonsequence of prop�ed
d.evelc�ment, and to ma.ke provisions for, including, but not limited to, the public health, safety and general
welfare, for open spaces, draina.geways, streets, alleys, other pnblic ways, wa.ter supplies, sanitary wastes, parks,
pla.ygrounds and sites for schoals and school gro�nds.
(Ord No. 90-39, 1{22.10), 2-27-90. Code 200i i9-41.)
19.100.02Q Definition.
For ptuposes of this cha,pter, the term "development" shall include, but not be limited ta, subctivisions, short
subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and
Development Code.
(Ord No. 90 1(22.20), 2 Code 20U1 19
19.i00.030 Determiaa�on of direct impact.
Before any deveiopment is given the required approval or is permitted to proceed, the official or body charged
with deciding whether such approva.l should be given shall determine direct impacts, if any, that are a
consequence of the proposed development and which require mitigarion, considering, but not limited to, the
€ollowing factors:
(1) Predevelopment versus postdevelopment need for services such as city streets, sewers, water supplies,
drainage facilities, parks, playgcounc}s, recrea.rional faciiities, schools, police services, fire services and other
municipai faciliries or services;
(2) Likelihood that a direcf impact of a proposed development would require mitigarion due to the cumulative
effect of such in�act when aggregated with the similar itr�acts of future development in the immedia.te vicinity
of the proposed development;
(3) Size, nuu�ber, condition and proximity of existing facilities to be affected by the proposed deveiopmenh,
(4) Nature and quantiry of capital improvements reasonably necessary to mitigate specific direct impacts
identified as a consequence of the proposed development;
(S) Likelihood that the users of the proposed development will benefit from any mitigating capital
i�rovements or progra.ms;
{6) Any significant adverse environmental impacts of the proposed development identified in the process of
complying with the environmental policy, FWRC Title 14, or the Sta.te Environmental Policy Act, RCW
43.21C.010 et seq.;
(7) Consistency with the city's comprehensive ptan and any of its subparts;
(8) Likelihood of ciry grow#h by annexation into areas in�mediately adjacent to the proposed development;
(9) Appropriateness of financing necessary capital improvements by means of local im�rovement districts;
(10) Whether the designated capital improvement furthers the public health, safery or general welfare; and
(11) Any other facts deemed by the city to be relevant.
(Ord_ No. 90-39, 1(22.30), 2-27-90. Code 2001 19-43.)
sA+G���� of,
K12009CodeAmendmenlsUiapactFee
40
P�4�� Z
19.100.040 Costs.
The cost of a.ny invesrigations, analysis or reports necessary for a determination of direct impact shall be borne
by the applicant.
{Ord No. 90-39, 1(22_40), 2-27-40. Code 2001 19-44.)
19.100.050 Mitigation of direct impacts.
The official or body charged with granting the necessary approval for a proposed development shall review an
applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an
acceptable mitigation measure consiclering the cost and land requ�ements of the required improvement and the
extent to which the necessity for the improvement is attnbutable to the direct impacts of the proposed
develc�m,en� No official or body shall approve a development unless provisions have been made to mitigate
identified direct i�acts that are consequences of such develc�pment_
(Ord No. 90-39, 1(22.50), 2-27-90. Code 2001 19-45.)
19.100.060 Methods of mitigation.
(1) The inethods of mitiga.ting identified direct in�acts required as a condition of any development approval
ma.y incluile, but are not limited to; dedication of land ta any public body, off-site im�rovements, on-site
improvements, and ot�ter capital or noncapita:� �thoeis that may effectively reduce airect im�racts.
(2) In iieu o€ a dedication of land or to mitiga#e a direct im�act that has beeu identiftec� as a consequence of a
pro�osec�� cievelopment, the ciry ma.y approve a voluntary pay�nent agreemen� if deemet� necessa.r� with the
develaper, provided no such agreement shall be required as a conc�ition of approval, and shall be subject Co tfie
following provisions:
(a) The official or body approving develc�ment must find that the money o€�ered will �rritigate or is a
satisfactory alternative to mitigate the identified dtrect impact.
F t---- t� �_.s...
bui7ding�ea�mit issuance far all other deveiopment, or as otherwise determined bv the Public W6rks Director.
The payment shall be held in a reserve account and.may onty be expendecl to fund a capital
im�rovement or program agreed. upon by the parties to mirigate the identi�ied direct in�ac�
��The payment st�ali be expended in all cases �vithin five years of callection, untess otherwise
agreex� to by the developer.
"�Any payment not e�ended vsnttim. five years of collection shalt be refundecl to t�e pr�erty
awners of�ecord the time afthe refunct with inteiest at the rate earned in the city's reser�e account applicable at
the tim,e of refund. If �he payment is not expenc�d within �ve �►ears due to delaX attnbutable to the cle�eta�er, the
paymenf s� be refiuid"ed without interest.
t�Property owners entitled to a refund and/or interest under the provisions of this chapter may
voluntarily and in writing waive their right to a refiuid for specified period of time in the interest of providing the
designa�ed capital i�rovement or other ca.pital improvement or program identified by the property owner, and
acceptable to the ciry.
��Ti�e developer may voluntarily and in writing waive on behalf of the developer arid subsequent
purchasers the right to interes# and or a refimd in order to facilita:te completion of an improvement. Under no
condition shall such a waiver be required as a condition of approvaL Such waiver shall be recorded with the
counry where the pr�eriy is situa.ted and shall be binding on subsequent owners.
(3) The develaper or applicant may choose to pay a fee in lieu of reservation of a11 or portions of open space
areas required if the appficant offers to pay money in lieu of open space and if the city accepts the offer, the
amouut shall be deterrmned t�ased upon the square.footage of open space which otherwise would have been
required to be provided tim,es the then current market value per square foot of similarty situated property.
(Ord No. 90-39, 1(22.60.10 22.6030), 2-27-90. Code 2001 19-46.)
i
Cross references: Parks and recaeation, Chapter 4.05 FWRC; streets and sidewalks, FWRC Title 4, Division II; utilities, FWRC TiUe 1 t;
water quality reqvire�nts a�d surface water, stormwater and other waterurays, Chapter 16.45 FWRC; �bdivisions, FWRC Titie 18;
pubiic use easemenis, FWRC 19A5330; building site requirements, FWRC 19.105.010; calculating lot coverage require�nts in the
dis4rict regutations, FWRC 19.110_020; iand mpdification restrictions and reqiure�nts, Chapter 19.12A FWRC; re ctions regarding
fences, FWRC 19.125.120 et seg; site design requirements for environrcientally sensi 155 �C_
nr e
K12009 Code Aimmdmm6Vmpad Fee Poat ofCollection�PlameugCommBi�lChapta i9-100.doc Page 2 of 2
41
���`��'�.�t��
FEDERAL WAY REVISED CODE �a��--�--��`�--
Title 19, Zoning and Devetopment Code
Chapter 19.100, Mitigation of Development Impacts'
Sections:
19.100.010
19.100.020
19.100.030
19.100.040
i 9.100.050
19.100.060
Purpose.
Definition.
Determination of direct impact.
Costs.
Mitigation of direct impacts.
Methods of mitigation.
19.100.010 Purpose.
It is the purpose of this chapter to provide alternatives for prospective deveiopers of land within the city to
mitigate the direct impacts that have been specificaily identified by the city as a consequence of proposed
development, and to make provisions for, including, but not limited to, the pubiic health, safety and general
welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks,
playgrountis and sites for schools and school grounds.
(4rd. No. 90-39, i(22.10), 2-27-90. Code 2001 19-41.)
19.100.020 Definition.
For purposes of this chapter, the term "development" shall include, but not be limited to, subdivisions, short
subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and
Development Code.
{Ord. No. 90-39, 1(22.20), 2-27-90. Code 2001 t9-42.)
19.100.030 Determination of direct impact.
Before any development is given the required approval or is permitted to proceed, the official or body charged
with deciding whether such approval should be given shall determine direct impacts, if any, that are a
consequence of the proposed development and which require mitigation, considering, but not limited to, the
following factors:
i) Predevelopment versus postdevelopment need for services such as city streets, sewers, water supplies,
drainage faciliries, parks, piaygrounds, recreational facilities, schools, police services, fire servi�es and other
municipal facilities or services;
(2) Likelihood that a direct impact of a proposed development wouid require mitigation due to the cumulative
effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity
of the proposed development;
(3) Size, number, condition and proximity of existing facilities to be affected by the proposed development;
(4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts
identified as a consequence of the proposed development;
{5) Likelihood that the users of the proposed development will benefit from any mitigating capital
improvements or programs;
(6) Any significant adverse environmental impacts of the proposed development identified in the process of
compiying with the environmental policy, FWRC Titie l4, or the State Environmental Policy Act, RCW
43.2 t C.O 10 et seq.;
(7) Consistency with the city's comprehensive plan and any of its subparts;
(8) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development;
(9) Appropriateness of financing necessary capital improvements by means of local improvement districts;
(10) Whether the designated capital improvement furthers the public health, safety or general welfare; and
(11) Any other facts deemed by the city to be relevant.
(Ord. No. 90-39, 1(22.30), 2-27-90. Code 200�i 19-43.)
K:�2009 Code AmrndmemsUmpaa Fee Poiot of ColleuionlLUTCICIupter 19-100 PC Modificatan.doc Page of 2
42
�����i�
PA��
19.100.040 Costs.
The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne
by the applicant.
(Ord. No. 90 i(22_40), 2 Code 2001 i9
19.100.050 Mitigation of direct impacts.
The official or body charged with granting the necessary approval for a proposed development shall review an
app(icant's proposal for mitigating any identified direct impacts and determine whether such proposal is an
acceptable mitigation measure considering the cost and land requirements of the required improvement and the
extent to which the necessity for the improvement is ath to the direct impacts of the proposed
development. No official or body sha�i approve a development unless provisions have been made to mitigate
identified direct impacts that are consequences of such development.
(Ord No. 90 1(22.50), 2 Code 2001 19
19.100.060 Methods of mitigation.
(t) The methods of mitigating idenrified direct impacts required as a condition of any development approval
may include, but are not limited to, dedication of land to any public body, off-site improvements, on-site
improvements, and other capital or noncapital methods that may effectively reduce direct impacts.
(2} In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a
proposed development, the city may approve a voluntary payment agreement if deemed necessarv, with the
developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the
following provisions:
(a) The official or body approving development must find that the cnoney offered will mitigate or is a
satisfactory alternative to mitigate the identified direct impact.
Uniess otherwise stipulated in the FWRC open space fee-in-lieu pavment shall be made urior to vlat
recording��or land divisions and stormwater mana�ement fees shall be made at en ing eering at�nroval for piats and
buildin�permit issuance for ali other development ��9EfE6����iP�6E�6�'S ���°�e���db��r
The payment shali be held in a reserve account and may only be expended to fund a capital
improvement or progratn agreed upon by the parties to mitigate the identified direct impact.
�The payment shall be expended in all cases within five years of collection, unless otherwise
agreed to by the developer.
�Any payment not expended within five years of coilection shall be refunded to the property
owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at
the time of refund. If the payxnent is not expended within five years due to delay attributable to the developer, the
payment shall be refunded without interest.
{e} f�Property owners entitled to a refund and/or interest under the provisions of this cha.pter may
voluntarily and in writing waive their right to a refund for specified period of time in the interest of providing the
designated capital improvement or other capital improvement or program identified by the properiy owner, and
acceptable to the city.
�The developer may voluntarily and in writing waive on behalf of the developer and subsequent
purchasers the right to interest and or a refund in order to facilitate completion of an improvement. Undet no
condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the
county where the property is situated and shall be binding on subsequent owners.
(3) The developer or applicant may choose to pay a fee in iieu of reservation of all or portions of open space
areas required. If the applicant offers to pay money in lieu of open space and if the city accepts the offer, the
amount shall be determined based upon the square footage of open space which otherwise would have been
required to be provided times the then current market value per square foot of similarly situated property.
(thd. No. 90-39; 1(22_60.10 22.6030), 2-27-90. Code 2001 19-46.)
Cross references: Parks and recreation, Chapter 4.05 FWRC; streets and sidewalks, EWRC TitFe 4, Division II; utiliries, FWRC Title 11;
water quality requirements and surface water, stormwater and other waterways, Chapter 16.45 FWRC; subdivisions, FWRC Title 18;
public use easements, FWRC 19,05330; building site requirements, FWRC 19.105.010; calculating lot coverage requirements in the
district regulations, FWRC i9.110.020; land modification restrictions and requirements, Chapter 19_ 120 FWRC; restrictions regazding
fences, FWRC 19: t 25.120 et seq.; site design requirements For environmentally sensitive areas, Chapter 19.155 FWRC.
K�2009Codewmendmenrs�(�ractFeePoi(rcofCollectionU.IffClChaptvl9-tOD-PCModificazion.doc ��e20f2
43
E�������r�
�A ._.....l._.. �,..�._a.
CTPY OF FEDERAL WAY
PLANNING COMMISSION
November 4, 2009 City Hall
7:00 p. Council Chambers
MEETING MINUTES
Commissioners pr�ent: Hope Elder, Sarady Long, Lawson Bronson, Tom Medhiust, and Tim O'Neil.
Commissioners absent: Merle Pfeifer (excused) and Wayne Carlson (excusedj. Staff present: Senior Piam�►er
Margaret Clark, Associate Planner Mat# Herrera, Planning Manager Isaac Conlen, Assistant City Attorney
Peter Beckwith, and Administrative Assistant Tina Piety.
Vice-Chair Elder called the meeting to order at 7:00 p.m.
APPROVAL OF 11�IIMJTES
The minutes of October 7, 2009, were approved as written.
AUDIENCE COMIYIENT
None
ADNIIl�TISTRATIVE REPORT
None
COMNQSSION BUSINESS
PUBLIC HEARING Proposed Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee
Mr. Henera deiivered the staff presentation. Staff is recommending that time of collection of the city's
mitigation fees for open space andstormwater facilities be codified (Federal Way Revised Code [FWRC]
19.100.Ob0). [n addition, the Cominission is being asked to consider whether to defer collection of the
mitigation fees, namely the Open Spac� Fee-in-Lieu and Regional Stormwater Facility Fee. These are not
mandatory fees. The developer has a choice of providing open space or a stormwater detention facility (not all
developments are required to provide open space and/or a detenrion facility) or paying the mitigation fees.
Specifically, the Commission is asked to consider the following (staff recommends option 1 for both):
Open Space Fee-ir�Lieu
1. Retain the current policy with no change;
2. Defer the collection to Certificate of Occupancy, or
3. Defer to the pomt of sale
Regional Stormwater Facility Fee
1. Retain the current policy with no change;
2. Defer the collection to Certificate of Occupancy, or
3. Defer to the point of sale
Garrett Huffrnan, Master Builders Association He appreciates the work done by staff He feels this
is not the best time to consider this issue and he is not pushing to change. However, deferring payment
to the point of sale would help developers obtain funding. He has no objection to option 1_
x:�Plannngcommission�z009�MeetmgSummary It-04-09.doc
44
Planning Commission Minutes Page 2
4, 2009
PA��_���
Commissioner Medhurst commented that he agrees with retaining the current policy in regards to the
stormwater facility because that is the point of impact, but he does not see a problem with deferring the open
space to the point of sale. He suggested the city require that the entire fee be paid with the first occupancy.
Mr. Herrera replied that it is iikely the lots would be sold before a structure is built and deferring the fee and
requiring the 6rst occupancy pay the entire fee would means the entire fee would fall upon one purchaser.
Commissioner Bronson commented that he does not see a problem with collecting the open space piecemeal. It
would mean a smaller amount at one time, but the payments would come in over a longer period of time. Mr.
Herrera responded that the fees may only be used within a single park planning area in which they are collected
and they must be used within five years. It is unhkely that a small amount of money would be feasible.
Commissioner Long asked if the amount of the fees would change over time. Mr. Herrera replied that he does
not lrnow for sure. It has not been legally tested if in#larion can be added to mitigation fees. Mr. Huffman
commented that the city could consider an administrative fee (of one to two percent) to handle the deferment.
Commissioner Long was concerned that in the proposed amendxnents to 19.100.060(2)(b) to codify the
policy of how fees are presently collected, it ends with, or as otherwise determined by the Public Works
Director." He is concerned that the director could use this to defer the fee, which is opposite of the staf�s
recommendation. Ms. Clark commented that staff added that phrase because they cannot anricipate aIl
possible scenarios.
Commissioner Medhurst moved (and it was secondec� to recommend adoption of Option #1 (current policy)
in regards to the open space fee-in-lieu, with the addition of the new language codifying how fees. are
collected Commissioner Long moved {and it was secondec� to amend the motion by removing the phase,
or as otherwise determined by the Public Works Director," from FWRC i 9_ 100.060(2)(b). Gommissioner
O'Neil doesn't see a problem with the language_ He feets it makes the regulation more flexible, which he
likes. Commissioner Long commented that he feels that the language is inconsistent with the intent of the
staff's recommendation. Vice-Chair Elder calted for the vote on the amendment. It carried unanimously.
Vice-Chair Elder called for the vote on the motion as amended It carried unanimously.
Commissioner Bronson moved (and it was seeondec� to recommend adoption of Option i(current policy)
in regards to the regional stormwater facility fee, with the addition of the new lan�'age codifying how fees are
collected, but delering the phrase, or as otherwise determined by the Public Works Director," from the
proposed FWRC 19_ 100.060(2)(b). There was no discussion Vice-Chair Elder called for the vote on the
motion and it carried unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
Mr. Conlen stated that since two Commissioners are unable to attend tonight's meeting, staff decided it
would be best to defer the election of officers until the next meeting. A meeting could be held just for the
election if there is no other business in December.
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 7:50 p.m.
KtPla�wargCom�oission�2009�Meetmg Summary l 1-04-09.doc
45
PA��-.JL��._�--
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to the
timing of open space fee-in-lieu and regional stormwater payments to the city:
amending FWRC 19.100.060 (Amending Ordinance No. Ord. No. 90-39j
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code (FWRC), "Zoning and Develapment Code," in order to conform to state and federal taw,
codify administrative pracrices, clarify and update zoning reguiations as deemed necessary, and improve
the efficiency of the regulations and the development review process; and
WHEREAS, this ardinance, containing amendments to development regularions and the text of Title
19 FWRC, has cornQlied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 193�
FWRC; and
WI�REAS, the existing methods of mirigarion ordinance does not address the current
administrative policy for the timing of open space fee-in-lieu and regional stormwater fee payments
within the City of Federal Way; and
VVHEREAS, it is in the public interest for the City Council to adopt new amendments for the FWRC
which establishes development regulations for the timing of open space fee-in-lieu and regional
stormwater fee payrnents within the City of Federal Way; and
WHEREAS, an Environmenta.l Threshoid Determinarion was not necessary as the poiicy is related
solely to governmental procedures, therefore categorically exempt from the State Environmental Policy
Act; and
WHEREAS, the Pla.nning Commission properly conducted a duly noticed public hearing on these
code amendments on November 4, 2009, and forwarded a recommenda.rion of approval to codify the
existing practice to the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on November 16, 2009, and recommended adoption of the text amendments as
recommended by the Planning Commission;
Ordinance No.09- Page 1 of 4 Rev 7/09 LU
46
PA�� Z
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHWGTON,
DO ORDAIN AS EOLLOWS:
Section 1. Findin�s. The Ciry Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit
the City as a whole by providing assurance the city receives mitigation payments for open space fee-in-
lieu and regiona.l stormwater faciliry fees.
(b) These code amendments compiy with Chapter 36.70A RCW, Growth Mana.gement.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and
will implement and are consistent with the applicable provisions of the Federal Way Co�rehensive Plan.
(d) These code amendments bear a substantial relarionship to, and will protect and not adversely
affeet, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter t9.35 FWRC, and based upon
the recitals and the findings set forth in Secrion t, the Federal Way Ciry Council makes the following
Conclusions of Law with respect to the decisionai criteria necessary for the adoption of the proposed
amendments:
(aj The proposed FWRC amendments are consistent with, and substantially i�lement, the
following Federal Way Comprehensive Plan goals and policies:
CFPl Provide needed public facilities and services to ir�lement the Federal Way
Comprehensive Plan
CFF6 Protect investments in exisring facilities through an appropriate level of maintenance
and operarion funding.
CFP13 Provide the capital facilities needed to serve the future growth anticipated by the
Federal Way Comprehensive Plan.
Ordinance No.09- Page 2 of 4 Rev 7109 GU
47
5
PA����+��.
(b) The proposed FWRC amendment bears a substantiai relationship to the public health, safety,
and welfare as the current point of collection policy ensures payment, protects level of service and
provides consistency.
(c) The proposed amendment is in the best interest of the public and the residents of the City of
Federal Way as the current policy assures payment of regional stormwater fees at the point of impact and
assurance that open space fee-in-lieu is paid
Section 3. FWRC 19. i00.060(2) is hereby amended to read as follows:
In lieu of dedication of land or to mitigate a direct irr�act that has been identified as a
consequence of a proposed development, the city ma.y approve a voluntary payment agreement, if
deemed necessarv, with the developer, provided no such agreement shall be required as a
condirion of approval, and sha.11 be subject to the following provisions:
Section 4. Chapter 19.iQ0 of the FWRC is hereby amended to add a new secrion 19.104.060(b) to
read as follows:
Unless otherwise stipulated in the FWRC o�en space fee-in-lieu pavment shall be made prior to
plat recordin�for land division and stormwater mana�ement fees sha.11 be made at engineerin�
a��roval for Qlats and building_pern�it issuance for all other development.
Section 5. 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 circumrntance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correcrion of scrivener/clerical
errors, references, ordinance numbering, secrion/subsection numbers and any references thereta
Section 7. Rarificarion. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed
Ordinance No. 09- Page 3 of 4
Rev 7/09 LU
48
T
�A�i�
Section 8_ Effective Date. This ordinance shall be effective five (5) days after passage and publicarion
as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2009.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCII.:
PUBLISHED:
EFFECTIVE DATE:
ORD [NANCE NO.:
K:12009 Code AmendmrntsUmpac[ Eee Pumt ofC�lkctionU..U1�[Ise'ih's Fee Payment Draft Ordinanee.doc
Ordinance No.09- Page 4 of 4
Rev 7R'J9 LU
49
SEATTLE KINGCOUNTYREALTORSO
12410 �L 32nd Street, Suite 1�0, Bellet-ue, �'ashington 9800� PA p
42�-97�-1011 (Oftice) (Fa�) 425-974-1032
h iC}s. %`i c�-titi-tic.\�F`1Z�alto�-.com
R E A LTO R� r PaQe I of 2
TO: Hon. Linda Kochmar, Chair, Hon. Dini Duclos Hon. Jim Ferrel(
Federat Way City Council LUTC
c/o Tina Piety (Tina.Piet cr%CityOfFederalV4'av.coni)
FROM: Sam Pace, Housing Specialist
Seattle KingCounry REALTORS�
RE: Timing of Coltection of Stormwater Mitigation Exactions
DATE: November 30, 2009
Dear Chair Kochmar and Members of the City Council LUTC,
At the meeting of the Council's LUTC on November i6th you requested letters from our
Association and the Masterbuilders regarding our request (in support of the Masterbuilders'
Recommendations for a city economic stimulus plan (Economic and Housing Stimulus Options)
that the City defer the coliection of Stortnwater Fees until the end of the construction process.
I've spoken with Mr. �Iuffman and learned two things that I think address and reconcile the
apparent divergence in our views that confronted the LUTC on November 16th:
In my testimony before the LUTC I indicated, respectfully, that I did not support waiting
two years to address the issue of the timing of the collection of fees for cost recovery of
stormwater facilities that are already in place. In speaking with Mr. Huffman he
indicated that he too does not support a delay of two years_ Instead, he indicated he was
agreeable to waiting until this summer, but only if the remainder of the items in the MBA
package of recommendations for a city economic stimulus plan were addressed at that
time, and also because it was his impression that his members do not currentiy have any
projects in the City's development pipeline that would benefit immediately from adoption
of the ordinance.
Second, Mr. Huffman shares my view that in order to attract such projects to Federal
Way, it would be helpful if the recommendation for deferral of collection of Stormwater
Fees were adopted now. My view, which I understand Garrett supports, is that the City
needs to act to establish its competitive position now, as soon as possible, rather than
waiting for the real estate market to recover and then trying to make-up ground in an
effort to position the City as a preferred destination for the investment of new private
capitaL
As you know, reai estate will be key to the state, regional and local economic recovery.
Historically, approximately 24% of the State's GDP has been tied to, and dependent upon, real
estate. For the City of Federa( Way, the City's saies tax on construction materials, REET
50
TO: Non. Linda Kochmar, Chair, Federal Way LUTC Members; c/o Tina,Pi�i�• �Li:Cit��n11
FRONI: Sam Pace, Housing Specialist, Seattle KingCounty REALTORS�
RE: Timing of Coilection of Stormwater Mitigation Exactions ��,J
DATE: November 30, 3009
PAGE: 2of2 �A�����
revenues (which help to fund many of the City's capital costs associated with infrastructure
improvements to accommodate economic growth), and construction-related property tax
revenues in excess of the 1% limit, are all dependent upon the recovery of real estate.
As I explained in my testimony to the LUTC on November 16th, REALTORS� supported
collecting the new transportation impact fee as late as possible in Federal Way, as long as the
City required the builder to clear the City's lien from the title to the home before the lst buyer of
the home received title. Delaying the collection of that payment until closing minimizes the
impact of the fee on both the builder and the new home p�ice (because it eliminates the interest
carrying cost on the fee).
The same rationale applies to Stormwater Fees, oniy more so. Why? Because the Stormwater
Fee is mereiy for cost recovery in connection with facilities that have aiready been constructed
and are already in place to serve the new development. As a result, the timing of the �ollection
of the Stormwater Fee will not affect water quality or the management of stormwater because the
City's two stormwater facilities have already been constructed and are already in-place.
Given the uncertainty of how iong it will take the new construction housing market to fully
recover, the proposed change for Stormwater Fees collection would help to encourage builders to
begin building sooner rather than later (by minimizing the potential for longer interest-paying
holding periods on front-loaded fees) and help to enhance the ability of projects in Federal Way
to obtain financing.
With regard to the staffs concerns about "certainty of collection" on multi-family and
commercial projects, we concur with Mr. Huffman that:
In the absence ofsome other mechanism to provide "certainty of collection"on multi-
family rental projects and commercial projects, we would support the Stormwater Fee
being due and payable as a condition for issuance of a Certificate of Occupaney (CO) on
multi family and commercial projects.
If you have additional questions, comments or concerns, please do not hesitate to contact me.
Sincerely,
SEATTLE KINGCOLINTY REALTORS�
�kl.e
Sam Pace, Housing Specialist
29839 154th Ave SE
Kent, WA 98042
SamPace(c�Concentric.net
(253) 630-5541
cc: David Crowell, JD, SKCR Director of Governmental Public Affairs
SKCR Governmental Affairs Committee
51
T
MASTER BE�ILDER5
ASSOCEATItIN
�4
.���aa 1 >ii31�C �`f, l 1�3TIi�F1.
��t� hu� a_aci �nctt�c�a�csz. C;isunei�s
33�_ 3 t��t��: l���e. S�;
t��tttti 1���� 3 v���a�
�2� fst t�t3t _,��.,,ov
n-xc;_;t�s,
�t•,. •.1,I�rs F ,tiilcl�r4lnii�.�c�n�
r r
.�r_, �e �m
IVavemher 30, '?fl09
Liada Kochmar, Chair
Federal Wa.y'eity Council LUTC
�3325 8th Ave South
PQ Box 971 �3
Federa[ Way, WA 98063-9718
t3ELIVERY: e-m�i! c% Tina Piety at tin�z.�iety C.�cit��ffeder�iw�y.c:qtfl
E�C�lt��T'
Pl�� E .,,_L..�.Q�.�._
I�E: Timir� of Collection Qf tormwater Fees
,..c�� r �rz�
Dear C;h�i hmar, Coui mber �erreil, and Counci�€r�er't�"ei` D clos:
43n behalf,of the more than 3,900 memt7ers of tE2e MaSter Builders Association c�f Kin� and
St�ohomish Counties fMBA}, I am writint to you (as you requested at the most recent meetin� of
the Lartd L'se a�id Transportation Committee) to follc�w-up an the is5ue of iirning fgr coilection
af storrn;water fce�.
As yoa: know, the request for the C'ity tc� defer the coliectic�n of Stormwater Fees until niuch iater
in the construction process is part Qf a sei•ies af recommendatians I m�de to ihe City last January
for lc�cal Ecanomic and Housing Stimutus Opticrns. 1Viy package of recommendaEions included
a similar requ�st regarding ather fees iinposed on nzwly construct�d hornes such as the
Trans�i'tation itnpact Fee and we appreciate the action the City has taken recentiy regarding
the Transpartatian Impact Fze.
With regard to the deferring the collec�on of the Stormwater Fee until later in tixe construction.
proeess, please p�rmit me to make four points to augment and clarify m�r r�e�narks at the Planning
��n�ission:
First to crty i�ntr��Iedge, I do not have members with pro�eets currently in t�e development
pi�eTine in the City of Fecieral �Vay, That is the reason I was wiliing,for the matter tc� be deferred
unt`il titis eoming �ummer (along with thz other renlaining reconin�endations in ihe Economic
a�d Housing Stimulus ()ptiQns), rather than actin� immediatell�. I undecstand there was some
eflnfu�ian abc�ut whether or not we would stappQrt a d�lay of two years. We would not. Bgcause
u.�e ttQ nat hav� projects in the pipeline ir� Federal Way at the mt�ment, I felt a delay until t#�is
summer was prQbably �loable, t�ut not a delay of two years.
52
MBA Starmwater Collection �ee Ltr
Page Two
ll/30J20a9
��.�i�
PA��_����
��cand,:one of the reasc�ns it is important to m�ve forward with uur recommendatians in
�e�nQmic and Housin� Stimutus flptions is that huiiders face a hube hurdle tryin� to raise
cagital wh�n they apgraach a l�nder for proje�:t financing. The iess a builder �eeds to raise up
f�rant a�d cac� pay at the encl c�f the eonstruciion process the mc�re iik�ly heishe is al�le tc�
obtaining �nancing. A,nother way to view ic is the laan goes �n the �ew h�meowners credit card,
nat t� �uilders. This: not o�ly helps the Buiider, it aIso helps the City because when necv
prc���e�s-;get b�ailt and solrl they:
T�creas� the City's praperty �ax base
■�rovide new construction groperty tax re�venues i�a che year of eonstructia�� in excess
c�f the 1!'01im.it
Provide sa3es tax revenues on canstructic�n r�aaterials {if th� co�5ti�uctivn materials are
pur�hased in the City or delivered tt� the ct�nstruction site`by the :enateri.als-selter; and
Prt�vide new KEET revenue5 to the City.
Third, �he City wa�iti be able ta ensure collectian by a:lien on tiile that would be due upon the
sart�t�f tl�e horne. Twa additional matters sho�a�d be noted he�e:
In the absence of some other mechanis�n to provide "cert�int}� �f_eollectian° on inulti-
farnii� rental projects and commercial prajects kve wauId support th� Starmv�fater Fee
beinb due and Fayabte as a c�ndition for is5uance of a Ger�ifrzate of fOc�upunc}� �CC) j
an mufxi-famity and coinm�rcial projeets, and
In the ever�t it may be of assi.stance to staff and the Cc�u�tcil, we:asitieipate prQVidin�
yt�u with a draft ternplate for a Caty Laen�Qr �t�r�reyv�ter Fees 1?ue U��r� First Sule
that may be of some assistancs to your City Atiorney`s offi�e in impteinentinD the
ordi�ance.
Fourth� I agre�e: with Mr. Pace (�vith ih$ REALT�Rv�) that a gofld reascc�n for ihe Cit}+ to mave
ft�rward at this: time i�' that if Federal Way has this itern in place, it v�r�ll hefp'to mat�e the City of
Fet�e�`� �Vay tnQr�: attractive as a place for businesses inciuding iauiltiers ta invest new private
c�pital �dm,pared to some other city that has nQt taken advanta�e �f this �ppQrtunity.
T�Zank �t�u f€�r th� oppc�rtunity t� provide these �dditianal cc�mments. Should you haue any
q�ic�s c�t ccmcerns ptease feel free tQ cantact me at (2�bj b05-8g77 or
g�iuf��au@�tnbaks.eam.
Sinc�r�l;�;
�arre.�t J: Huffirn�n
S�tz� I�iizrg Se��ie �Vlanager
53
COUNCIL MEETING DATE: December 15, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUg.►ECT: King County RapidRide Agreements
POL[CY QUEST[ON Should City Council approve implementation and maintenance agreements for
communications to support operation of A-Line RapidRide?
COMM[TTEE Land Use and Transportation Committee
C 4TEGORY:
Consent
City Council Business
Ordinance
Resolation
Public Hearing
Other
STAFF REPORT BY": Rick Perez, P.E., City Tra�c Engineer DEPT: Public Works
Attachments: i. Memo to Land Use and Transportation Committee dated December 7, 2009.
Agreement on the Design, Construction, Ownership, and Maintenance of the A-Line
RapidRide Fiber Optic Project Between King County, City of SeaTac, City of Des Moines,
City of Kent, and City of Federal Way
Agreement between the City of Federal Way and King County for the Construction and
Implementation of Intelligent Transportation System Improvements to Support the A-Line
Rapid Ride Project
Options Considered:
2.
Authorize the City Manager to execute the attached agreements.
Provide direction to staff on modifying the attached agreements.
STAEF RECOMMENDATION Staff recommends Option 1.
C[TY MANAGER APPROVAL: .0 �l•I4n DIRECTOR APPROVAL:
Committee Council mittee Council
COMM[TTEE RECOMMENDAT[ON Forward Option 1 to the December i5, 2009 City Council Consent Agenda
forapprovaL
Lind Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCiL MOT[ON "I move to authorize the City Manager to execute the attached agreements to
provide for the design, constrzrction, ownership, and maintenance of�ber-optic cable and associated Transit
Signal Priority improvements for implementation of the A-Line Rapid Ride project.
(BELOW TO BE COMPLETED BYC/TYCLERKS OFFlCE)
COUtiC[L AC"I'[ON:
APPROVED COUNC[L BiLL 1�
DENiED !sT readiag
TABLED/DEFERRED/�i0 ACTIOr Enactment readiag
D'iOVED TO SECOND RE.aD1�iG (ordrnances only�l 54 ORDITi.4NCE
RE V ISED 02/06/2006 RESOLUI'iOl�i
MEETING DATE: December 15, 2009
CITY OF FEDERAL WAY
MEMORAIYDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
December 7, �009
Land Use Transportation Committee
Brian Wilson, Interim Citv Manager
Rick Perez, P.E., City Traffic Engineer
King County RapidRide Agreements
BACKGROUND•
As part of the TransitNow! Initiative approved by voters in 2007, King County wiil be imptementing a Bus
Rapid Transit system between Federal Way Transit Center and the Sound Transit Tukwila international
Boulevard Station in Tukwila in 2010. This system, dubbed RapidRide, will provide buses on SR 99 at t0-1
minute intervals at all hours_ In addition, major stops will include information on bus arrival times, and
Transit Signal Priority (TSP) treatment wili be provided at signaiized intersections along the route.
In order to provide the TSP and bus arrival time information, fiber optic communications and low-profile
antennas wili be installed to track bus location throughout the corridor. TSP strategies are intended to
maxicnize the amount of green time provided to transit at traffic signa(s, within limitations to minimize
disruption to the other traffic. The attached agreements provide for the installation, operation, and
maintenance of this communication equipment.
One agreement is a five-party agreement, �vherein the cities aiong the route and King County define ownership
and cost responsibiiity for the fiber optic cable and the TSP equipment. Major points are as foilows:
King County wiil install a 7?-strand fiber optic cable in existing traftic signal intercoanect conduit
throughout the corridor (except for the extent of SR 99 Phase [V, tivhich is addressed in the second
agreement), and the associated TSP equipment.
24 strands of fiber �vi11 be controlled by King County, 24 by the City, and 24 by joir►t use for all
parties to the agreement.
The cost of maintenance of the fiber will be shared equatly by King County and the City where the
maintenance activity occurs.
King County will provide the initial signal ticning plans implementing the TSP system upon approval
by City staff. The City �vouid update signal timing plans every 3-� years.
The second agreement is between King County and the City, and addresses specifics about the installation
within Federal Way. The attached is a draft that may have minor changes that �vouid be presented to Council
prior to approval on December 1�, 2009. Major points include:
The City will incorporate the 72-strands of fiber within the scope of the SR 99 Phase IV project at
King County's cost.
King County will provide 48-strands of fiber on S 320` Street between SR 99 and [-5. 24 strands will
be controlled by the Ciry, and King County will provide for the connections to the City's signal
control(ers on this segment of S 32.0`�' Street, giving the City upgraded signai interconnect.
The City and King.County will jointty work to assist WSDOT in implementing their portion of the
TrafficBuster project in Federal Way�, which would provide upgraded fiber optic communications for
the City, King County, and WSDOT between City Hall and the intersection of SR 99 and S�20`�'
Street. This allows King Counry to communicate to all parts of the system during construction of SR
99 Phase IV via WSDOT's fiber trunk on [-5, as we(1 as allowing agencies to share traffic flow data
and video.
cc: Project File
Day Pile
55
AGREEMEiYT ON THE DESIGN, COIYSTRUCTION, OWNERSHIP, AND MAiNTENANCE OF
THE A-LINE RAPIDRIDE FIBER OPT[C PROJECT
Bet�veen
KING COUNTY
CITY OE SE�TAC
CITY OE DES MOINES
CITY OE KEiYT
CITY OF FEDERAL WAY
56
TA6LE O� CONTENTS
I_ RECff:�LS
IL PUKPOSE nF AGREEME�IT
ti(. DLFtNiI�[O�S
iV. FiBER OPfIC PROIECT BACICGROt1tyD ....................�c;� -._..............4
V SCOPE Of LVORK-
A_ OV£RV[E�1`._
B. DESfGN :aPPROACF{ FOR THF. COL' tTt' FiBEK --.._....._.._....._......----.............-----..._...----.-•-•............5
C. DEStGt�! .aPPRU.aCH FOR LOCAL AGENCIi' EtBER.....
D. DES(G�i .aPYRO.aCEi �OR iNTERaGE�C�" F[BER
VL RELAT[QNSH[PS .a�fONG PARTICiPAT'[NG _�GENC[ES...__._.._......--.------.-•------------------•---.-•-------.---........._...--•--•-•--.........._.......J
A. PRINCIPLFS
s c�.a�ces
C. �i.L(�AT(Oti .aND Olt�'i�IERSH[P OF F[BER OP�'[C CABLE
D. USE C)F FlBERS....-----�
E. TR.��tSFEROF F[BERS.-�
F. P:�RT'iCiP:�TING :�GENC[ES' iliGHT OE F(RSi' REFUS:�L
G. Ft;Tt1RE USF. OF FtBER OPT[C CASLF. :�C READ�' i.)1A��1ED BY [ND{V[DCtAL PUBLIC AG£NC[ES ...................._..._......8
H. CON7'.aCt PERSONS :�ND �DDRESSES..
VIL THE GOt��NT�' R4 SPOLS[B(LITtES AS L£A� :�GEtiCk`--
A. GEN£ftAL RESPONS(B[LiTY OF THE COUNTY <aS LE.-�D AGENCY ..........................•---•.--------.-----��-•-----...--.------•--•�--�--..--..9
B. �GREEi�tE�;TS. ,aPPROVALS_ PERNI[SSIONS. :aND PEK;�t[TS.....--�--_...-•----------�--••--•----._.._ ........�--..__......_......---..........9
C. I�fOT[CE Of' ivSTALC,AT[ON AND TEST[NG ..................�--•----.........---�--�---.._.._..._........---.__.....................---...9
D_ hi.A[�TEN,aNCE AND REPAIR {tESP�NSiB[LIT{£S-�--
E_ CO(1NTY [VONCO�IPL[.�NCE .........-�-------.....-------.....1 i
F. AC.�DIT •-------------�----------....1 t
VIiL FAC[LiTY O��IER R[GHTS :�ND RESPONSI6{LIT'IES ---•----------•�-�---------i t
A. PRINC{PLES EOR USE OF PART[GIPATiNG :�GENCY fAC[I.tT[ES ......................_......--.-.---.....-.---..---............_.....---._.._..l i
8. �PPf�OV.aLS..._ 1
C. AC[��Obt'LEDG�IE�T AND ACCEi'TAtiCE OF RIS[�ti �---........__t l
D. aCCESS TO AyD L;SE OF F.aC[I.tT[ES �--�---�-�--�•---•i�
E. BUiLUtiv�G E�TR=�VCES.._ -----�--�--.-t
F. �iOD[FiCA"f[ONS TO F:4Ci�(�'[ES �---............__..l2
G. RELOCAl'[O� O[= �IBER OPT[C CABCE •--.......--°--��-�-•----...........il
H. PROPERTY RtGHTS
L DEF.AULT .'�ND C3(SPUTE KESOLUT[ON --�-�--......--..__.._........._............._..._..------13
IX. RELAI�(OVSE(IP E3ETL�"EE� THF, COIl�'TY AND COVTR�CTURS___ ._..._................__....._---°--.14
EtESPONSif3([.tT�".. �--._............-�----14
S. APPROV.aLS -......_........__.....-----1�
C. [tiSURA�CE t4
X. [NDEMN[FiCAT[OV A`D Li�4[TAT[ON OF LL�Bit.ITl" -----.t
A. LiMiT.aTtON OF LL-�B[LiT�" AND [NUE�1iN[TY TE{E COUVZ�Y .-�S tEAD �GENCk' ....._---------------------.-----•---.----:-.--.--:14
B. LiM[TATtON OF [.fAB[LtT�" AND [�1DE�IN[TY F.aC[t[Tl" OWNERS.-.-.--.------- .............----......_.........-.---............._....._..IS
C. LIMITATIf�N OF LLai3[L[T�' AND iNDE�IN[TY' PA�tTiL'IP.aT[NG AGENCIES l5
X[_ ADDITtOtiAL T'ERibtS :�ND COVU[I'tONS
A. �.A�b'S. L[CEi�fS£S..�PID PERt�tiT'S._.._ -..._..---�---�-°---lo
B. PEREORI�{ANCE.._
C. AGRE£MENI' TE[t;�t
D. TERbfi�l�Tl(3N FOR CAUSE --------.....----._i
E. FORCE h
F. NO lb'A[VER ---�--•--�-------...........17
G SEVERAB[LITY t7
H. RIGHTS CUYtUL:aT{dE
I. CONTRACTUAL RELATIO�jSHIP
HFAD --------.._...---•---.._.....----------•--t
K. APPt,ICABLE LAtiV aND VENUE ...----........_....17
L. BlNDiNG EFFECTS
M. r�SSIGt�tMENT ----�---...------........----.._t
N_ NOTtCES
O. h10DIEtCAT[ON OR AME�IDMENT_........_..__...........-� ------..._..-�-�--------�--�--._I
P. EXECUTED IN COUNTERP.4RTS--��-
Attachment Project ElemenU: A-t,ine Fibar Optic Project ............._......_...__.._...-.----.-_-..-.----...---..--.-•----.:.......---.--..--.--.-.---.-•--•------.--------.----20
A ttachmznt 2- Fiber Route Schzmatic
Attachment 3- Fiber Optic Project Cost Estimate..._....._..- ----.........---�--��------•�a
Aiiachmeni 4: Schematic ofT}•picai Rapid[Lide Eiber Optic Components--------------------------.--.--....----.........--......-_-.--.-..--.-----------......------------_--2�
Attachment O.v�ershipand �taintenance Respvnsibigties of FibCrOptic Projzct E12menU-------------_-......_......._ --_-._....__.--..._...-.---.------26
57
A-Line RapidRide Fiber Optic Project i No��ember 20, 2009
RECITALS
T'his AGREEMENT is made b�� and bet�veen the City� of SeaTac, the City of Des Moiaes_ tfie Cit}
of Kent, the City of Federai Wa� and Kina County, hereinafter referred to as the '`Participatina
Agencies_"
WHEREAS, King Counry Ordinance No_ t»82 {T'ransit Now Ordinance) identit�ed a number of
transit service measures t� be imp(emented using the one-tenth of one percen[ sales and use ta�
collected through Transit i�lo�ti that focus on capitat, operatinD, and maintenance improvements that
are expected to expand and improve bus service on local streets and arterials within Kina Count.�;
and V J
WHEREAS, one of the programs specifically identified in the Transit No�v Ordinance was the
development and implementadon of a bus rapid transit program in five distinct corridors, includin_
new bus rapid transit services connecting the Tukwila International Bou(evard Link Li�ht Rai1
Station and the Federa( Way Transit Center; and
WHEREAS, the key elements of bus rapid transit inciude ne�v, (ow-floor, hybrid diese!-e(ectric
buses; improved Gequency of bus service; in�proved traffic operations; and transit stations with real-
time passenger informatian si��is; and
WHEREAS, Kin� County's bus rapid transit program has no�v been named RapidRide; and
WI-�REAS, the Participating A�encies are interested in advancing the implementation of this
program; and
WHEREAS, the appraved Kina County transit capical pro,ram inc(udes funding to support the
investments in traffic signal s��steens and communication necessary to implement RapidRide; and
WHEREAS, Kin� Countv° p(ans to construct a fiber optic net�vork along Paciftc Hiah�va}�
Southl{nternational Bou(evar�t for the purpose of providin� the cflmmunication infrastructure to
support capital improvements such as real-time passenger information sians and transit si�nal
priority e(ements of RapidRide; and y
WHEREAS, King County pians to install a sufficieni number of fiber optic cables to meet the
county's needs as tivetl as additionai fiber optic cable to support the tiber communication needs of
the Participating Agencies; and
WHEREAS, the City of SeaTac, the City of Des Moines, the City of Kent, and the City of Eederal
Way have conduit path avaiiable that can serve ail the Participating A�encies; and
WHEREAS, mutuail}' beneficial contractual arrangemencs �vith other public entities that leve�age
publie funds to provide both ne�v and beiter bus service to cities and major employers is one of four
key strategies identified in the Transit Now proposiiion approved by King County voiers in the
general election on November 7, 200b;
NOW THEREFORE [N CONSIDERATION OF THE MUT'UAL PROMISES, COVENANTS
AND AGREEMENT'S SET FORTH HEREIN, AND FOR OT'HER GOOD AND VALUABLE
CONSIDERATIONS, T'HE SU�'PICIENCY OF Vl%H[CH IS HEREBY ACKNOWLEDGED BY
THE PARTICIPATiNG �GENC(�S, `['EIE PARTICiPAING aGENCIES AGREE AS FOLLOWS:
58
A-Line Eiber Optic Project 1 November �0, ?009
PURPOSE OF AGREEMENT
This Aareement defines ho�v the Participatin� �gencies wii( �vork together for the benefit of all the
Participating A�encies in impiementing the A-Line RapidRide Fiber Optic Project. This document
atso outlines the roles and responsibilities of aU the Participating Agencies with respect to the
desi�n, use, maintenance, and financin� of the fiber cabtes d�rin� the term of the Agreement_
DEFINITIONS
Whenever used in this A�reement with initiat ietters capitalized, the foilowin� terms shall have the
foltowing specified meaninas, unless the conte�ct clearly requires a different meanina:
A. Acceptance or Accepted
Written documentation of King County's determinatiori that the coniractor's work has been
eompleted in accordance with the contract_
B. Agreement
Refers to this document, Agreernent On the Design. Construction. O►vnership, and
Maintenance of the A-Line Fiber Optic Project.
C. Building Entrance
Conduit or conduits usualtv connec;tin� a vauit, Handhole, or maintenance hole in the pubtic
right-of-�vay to a buildinR.
D. Common Fiber Spares
Eiber Strands installed as part of the Eiber Optic Project heid in reserve sole(y for
replacement of disabied fibers.
E. Conduit or Duct
Enciosed racetivay or tube desianed to house Fiber Strands for their proiectio�i.
F_ Dark Fiber
An optical fiber strand not coupled to an opticai li�ht source.
G. Day
Catendar day.
H. Demarcation Point
A point agreed to between the Facility O�vner and the County that documents �vhere one
party's responsibilities end and the other's begins_
Facitity or Eacilities
A structure inc(uding but not limited to buiidings, vaults, maintenance hoies, Handholes,
Conduit, and Bui(ding Entrances.
F'aci(ity Manager
The person designated by the Facility Otivner to �nanage the Facility, including granting
access and determining and approvir�a its use and terrns and conditions for such use_
59
A-Line Fiber Optic Project November 20, ?009
K. Faci(itv Owner
The Participating Agency that is the tegal otivner of a Eacility or Eacilities or the Participadn�
Agency holdin� the legai right to grant perniission to occupy, use, or modify Facilities.
L. Fiber Optic Cable
A cabie instalted by the ParticiQating Ageneies pursuant to this Agreement that is composed
of strands of glass fiber, each strand of tivhich is desianed to conduct sianals of modutated
light (opticat signa(s) from one end to the other. y
M. Fiber Optic Project
The activities associated tivith the insta(iation of fber optic transmission materials, pursua��t to
this Agreement_
N. Fiber Strand or Strand of Fiber
A sing(e, thin, transparent fiber of gtass enclosed by a materiat of a tower index of refraction
that reflects light throughout its length by internai reflections.
O. Handho(e
An underground structure (usually concrete) providina an opening in a Conduit that �voci:ers
may reach into but usuatly do not enter for the purposes of installation and maintenance of
cable.
P. indirect Costs
Indirect Costs are costs determined in accordance tivith a Pacticipating Agency's standard
methodolog�� for computing Indirect Costs. indirect Costs shall include costs of labor,
benefits, equipmenT usage [niscellaneotis materials, material handting and administrative and
general char�es. This definition also applies to Eacility Ow�ner [ndirect Costs.
Q. [TS
inteliigent Transportation System.
R_ Lead Agency
�['he Participating Agenc_y designated by mutuai consent that is responsible for matiaging the
Work reiated to the Fit�er Optic Project, including entering into contracts for design and
construction, overseeing the construction work, and assuming responsibility for ongoina
maintenance of the compieted Eiber Optic Project on behalf of the Participating Agencies.
King County is designated as the Lead Agency for this Agreement.
S_ Make-Read�� Work
Any planning, analysis, design, review, adjustment to equipment, construction, and/or other
activities {such as tree tritnming) necessary to prepare existing �acilities for use by the Lead
Agency as determined by the Faci(ity Owner.
T_ Participating Agency
A public agency that is a signatory to this aareement for the purpose of enga�ing in the Fiber
Optic Project_
U_ Participating Agency Eaci(ities
60
A-Line Fiber Optic Project November 20, '009
Those Facilities ou�ned, managed, and occupied by a Participating Agency.
V. Pathw�ay
Aerial or underground Eaciiities used for the purpose of placinR f►ber optic cables, spiice
cases, trace wire, etc.
W. Splice
T'he point where two separate optical Fiber Strands are joined together eiti�er mechanically or
by fusion to make one continuous optical fiber strand_
X_ Telecommur�ications Service{s)
Teiecommunications Service(s) is the transmission o� information over Fiber Strands from
one location to another (not including services provided between two areas within the same
building) meeting industry-accepted transmission standards, their equivalent or replacement
service. Sach information includes but is not (imited to voice, video, data, pictures, and
facsimile_ Tetecommunications Set does not inctude Dark Eiber or services other than
transmission services.
Y. Work
Ali activities related to the ptanning, right-of-way acquisition, schedulin�, anatysis, design,
engineering, preparation, construction, installation, evaluation, maintenance, repair, and
operation of the Fiber Optic Project as provided for in this A�reemen� incli�din� Make-
Ready Work.
Iv. FIBER OPTIC PROJECT BACKGROUND
King County, hereinafter referred to as the ''County," will deploy A-Line RapidRide, a bus rapid
transit (f3RT') service, on Pacific Hi�h�vay South/Internationa( Boulevard in the City of SeaTac, the
City of Des Moines, the Ciry of Kent, and the City of Federa! Way. RapidRide is a premium transit
service with increased frequency, reduced travel time, and enhanced passenger amenities_
�'wo key elements of RapidRide service are real-time information signs at selected bus stop
locations and transit signal priority• at selected intersections throughout the corridor. To support
these features, the County is developing a network for transporting data from its central
communication system to the roadside, and for communicating wirelessiy atong t�e roadside witfi
reat-time information signs, fare transaction processors, and buses_ The roadside network wi(1
consist of a fiber optic cabte, secure wire(ess access points at intersections, and backhaul services
provided through the Washington State Department of Transportation (WSDOT) re�ional• net�vork.
The Eiber Optic Project wi11 instail a iarge-capacity f ber optic cable on Pacific Highway
Soathl[nternational Boulevard using existing traffic signal and i(iumination conduit aiong the
corridor. This cabie will run from State Route i 8 to the Federa! Way Transit Center and provide
connections with WSDOT regionai hubs at State Route 518 and South 320th Street. �'he Fiber
Optic Project wiil include sufficient fiber strands to support the County's RapidRide [TS
communications, WSDOT T'raffic Buster communications, tocai agency communications, and
interagency communications_
61
A-Line Fiber Optic Project November 20, 2009
v. SCOPE OF WORK
A_ OVERV(EW
On Pacific High�vay Southltnternational Bouietiard, the Eiber Optic Project �vill install a 72-
strand fiber optic trunk cabie_ The fiber cab{e i� sized to support future communication
capacity for use by the local agencies for pubtic purposes such as video surveillance, trafftc
signal communications, and city-to-city communications_ `['he distribution of fiber is as
follows
Counry RapidRide [TS communications
Local a�ency communications
[nteragency communications
Total
24 strands
24 strands
24 strands
72 strands
On South 320th Street, the Fiber Optic Project �vitl inscall a 48-strand fiber optic crunk cable_
�Che fiber �vil! be sized to support future communication capacity for use b�� the toca! a�ency
for public purposes. `fhe distribution of �ber is as fotloivs:
County RapidRide ITS communications
Local agency communications
Tota(
24 strands
2� strands
4$ strands
The Fiber Optic Project includes fundina for the design, insta((ation, and construction of (ocai
agency and interagency communication fiber. The tocal a�ency cocnmunication fiber wilt be
owned by the loca[ jurisdict�on in which this fiber is instal(ed. The interaQeacy
communication fiber wii) nin the length of Pacific Hi�h�va}' South/Internationa( Boulec�ard
from State Route 518 to South 3?Oth Street.
The elements of the Eiber Optic Project are provided in Attachment 1, Project Elen�ents: A-
Line RapidRide Fiber- Optie Projeet.
A fiber routing schematic is provided as Attachnient 2, Fiher Route Schematic.
The construction budget for the Eiber Optic Project is provided in Attachment 3. Fiber Optic
Project Cost Estimate_
DESiGN APPROACH FOR THE COUNTY EiBER
The County RapidRide fiber ivitl be instai{ed on three channeis a(ong the project corridor:
Channe! 1 wi11 inciude all the [nte(li�ent Transportation System ([TS) cabinets
between State Route 18 and South 200th Street in the City of SeaTac_
Channel2 will connect a(i the [T'S cabinets between South 204th Street and Das}�
Poiat Road_
Channel3 wiN include ail the ITS cabineLs from South 312th Street to South 316th
Street, and wi1! include the iTS cabinets on ?3rd Avenue South at South 31bth Street
and at South 317th Street.
Channel l wili tecminate fibers 1 and 2 in each [TS cabinet fcom State Route 18 to South
200th Street, and will return on fibers 9 and I O to the State Route l8 termination cabinet.
Channel 2 witl terminate fibers 7 and 8 in each (TS cabinet from S 20�th Street to Dash Point
Road, and wili return on tibers 11 and i 2 to the State Route 18 cermination cabinet_ Channel
ivili terminate fibers t and 2 in each [TS cabinet �rom S 3 i2th Street to S 316th Sireet on
62
A-Line Eiber Optic Project November 20, 2009
Pacific High�vay South and at South 316th Street and at South 317th Street on 23rd Avenue
South, tivith return on fibers 9 and 10 to ihe termination cabinet at the intersection of South
320th Street and Pacific Highway South_ Fibers 3-6 wiil be terminated into every [TS cabinet
along the corridor for a(! RapidRide channels Eor firture use by the. Countu.
C_ DESIGN APPROACH FOR LOCAL AGENCY FBER
The local agency fiber wi(l consist of �ive channe(s: ttivo channels in the City of SeaZ'ac, one
channet in the City of Des Moines, one channel in the City of Kent, and one channei in the
City of Federal Way_
Eor the City of SeaTac, Channel 1 tivill terminate fibers 25 and 26 in each traffic signal
controtier cabinet from State Route 518 to South 180th Street, and will return on fibers 33
and 34 to the State Route 518 termination cabinet. Channel 2 will terminate fbers 3 t and 32
in each traffic signal controlier cabinet from South t82nd Street to South 208th Street, and
witl re"turn on fibers 35 and 36 to the State Route 18 termination cabinet. Eibers 27-30 w�ili
also be terminated into every traffic signal controller cabinet along the Internationai
Bouievard corridor within the City of SeaT'ac for future use by the City of SeaTac.
For the City of Des Moines, Channel 3 �viti terminate fibers 2� and 26 in each tra�c signai
controller cabinet from S 216th Street to Kent Des Moines Road, and will return on fibers 33
and �4 to the S 21bth Street termination cabinet. Eibers 27-30 wil( also be terminated into
every traffic signat controlier cabinet a1on� Pacitic E[ivh�vay South within the City of Des
Moines for future use hy the City of Des Moines.
For the City of Kent, C�annel 4 �viil terminate fibers 2� and 26 in each traftic si�nal
controi(er cabinet from South 240th Street to South ?72ad Street, and wil! return on fibers 33
and 34 to the Kent Des Moines Road termination cabinet. Fibers 27-30 wii{ aiso be
terminated into every traffic signal controlier cabinet along Pacific Highway South �vithin the
City of Kent for future use by the City of Kent.
Eor the City of Federal Way from South 276th Street to South 320th Street, the 24 local-
agency fibers wil! not be terminated in the trafftc signat control(er cabinets along Pacific
Highway South, since these signals already have fiber interconnections. Instead, atl 2=� local-
agency fiber strands will be terminated at the South 320th StreeUPacific Etighway South
termination cabinet. On South 320th Street and on 23rd Avenue South, Channet 5 tivil!
terminate fibers 2� and 26 in the traffic signa( controilers at the foliowing intersections: South
324th Street/20th Avenue South, South 320th Streed23rd Avenue South, South 320th
Street/25th Avenue South, South 316th Street/23rd Avenue South, and South 3 t 7th
Street/23rd Avenue Sc�uth.
Channel 5 wiil return on fibers 33 and 34 to the termination cabinet at South 324th
StreetlPacific Highway South. E'ibers 27-30 wili a(so be terminated in each of the tratt►c
signal contro(ter cabir►ets iisted above for future use by the City of Federal Way
D. DESIGN APPROACH FOR INTERAGENCY EIBER
All 24 fiber stands {49-72) will terminate in the terminatian cabinets at State Route i$,
South 188th Street, South 216th Street, Kent-Des Moines Road, aad South 320th
Street/Pacific Highway South. Of the 24 strands, fibers �5-�6 from the State Route 18 fiber
termination cabinet to the Souih 2 l6th Street fiber termination cabinet are dedicated to the
City of Des Moines for the connection to the WSDOT Traffic 8uster project_
63
A-Line Fiber �ptic Project 6 November ?0, 2009
v�. RELATIOIYSHIPS AMONC PARTICIPATING AGEi�TCIES
A. PR[NC(PL6S
T'fiis Agreement among the Participating Agencies shall conform to the fotlowing principles_
t. Participation in the Eiber Optic Project is voluntary.
2. Arrangements for cooperation shou(d be fair and equitable among Participating Agencies.
Any specia( configuration, �uch as a routing change to accommodate a particular
Participating Aaency, should be paid for in whole by that Participatina Agency.
3. Participating Aaencies may have varying amounts of financial and other responsibilities.
Participating Agencies shouid share maintenance proportionateiy based on each
Participatina A�encv's share of ownership or use of the Fiber Strands as described in the
Agreement_
=3_ [n consideration of the perpetuat riaht to use Participating Agencies' conduit, the County
wilt at its own cost design, instali, and dedicate fiber optic cabies to the Participating
Ajencies for their o�vnership and use.
B. CHANGES
Participating Agencies si�a(1 have the ri;ht to propose changes to the Fiber Optic Project,
�vhich must be approved b� all Participating Agencies_ Changes that impact Eaci(ity Owners
shall be subject to appro�ai b�� ihe Facility� Otivners.
C_ �LLOCAT[ON AND OWNERSHIP OF E[BER OPTIC CABLE
Fiber Optic Cable and Eiber Strands instalied as part of the Fiber Optic Project shaii be
allocated to the individual ParticipacinQ A�encies. T'he Participating A�ency sha(t own all
ri�ht and titte to these allocated t� iber Strands. The ownership of the elements of the Fiber
Optic Project is identitied in Attachment 4, O�vnership crnd d�laintenance Responsibililies of
the Fiber Optic Prnject Elerne�lts.
D. USE OF' F'[BERS
A Participating Agency shatl have completely free and unrestcicted use of the Fiber Strands
instal(ed and allocated to it under the Fiber Optic Project Agreement for any lawful
�overnment, pubiic educatioi;, inter�overnment, or pubiic utility purpose subject to applicable
a�reements, approvals, permission, and permits. Such right to use sha(i be for the duration of
the Agreement and for any renetia�als by the Participating Agencies uniess terminated under
the terms and conditions provided herein.
E. TRANSFER OF E[BERS
Participating Agencies shali not as�ign the use or othenvise convey the use of any of the
Participating Agency's fibers as identified in the Agreement to any other party except to
aovernment, pubiic education. or public utility entities.
Participating Agencies who tivish to transfer their allocated fibers must obtain written and
unanimous approval from atl Participating A�encies. Participating Agencies are also granted
ri;ht of first refivai reQardie�s ot� the circumstances of the transfer.
64
.A-Line �iber Optic Project 7 November 20, 2009
F
G
PART[CIPATING AGENC[ES' RIGHT' OF EIRST REFUSAL
Before any allocated fibers held by a Participating Agency may be transferred, the other
Participating Agencies, either individualiy or coilectively, shall have a riaht of first refusai to
accept the transfer of ihe fibers on the terms and conditions set forth in this section.
(a) Notice of Proposed Transfer. 1'he transferring Participatina Agency shal( deliver to ail
Participating Agencies a writ#en notice stating: (i) the bona 6de intention to transfer such
ai(ocated fibers; (ii) the name of each proposed transferee; {iii} the number of fibers to be
transferred to each proposed transferee; (iv) the consideration for w•hich the Participating
A�ency proposes to transfer the aliocated fibers and the material terms and conditions of
the proposed transfer (the "Offered Terms"); and (v) an offer to sell the allocated itbers at
the Offered Terms to the other Participating Agencies_
(b) Exercis� of Right of First Refusal_ At any time within sixty (60) days after receipt of the
notice, the other Participating Agencies, either individuatiy or collectivel��, may, by
�ivina written notice to the transferring Participating Agency, etect to accept all, but not
less than ali, of the altocated fibers proposed to be transferred to any one or more of the
proposed iransferees.
(c) Any government, pub(ic education, or pubiic utility entiry accepting the transfer of fibers
instalted under this Agreement must agree to alt the terms and conditions of this
A,reement, and shali notify the Facility Ow�ner(s) of any such transfer.
(d) Participating Agencies may grant the right to ase their ftber allocation to any other
�overnment, public education, or public utility entity provided the use is approved by a11
of the other Participating Agencies.
FUT'URE USE OF FIBER OPTIC CABL� ALREADY OWNED 8Y 1NDiV[DUAL
PUBL[C AGENCiES
�lothin� in this Agreement precludes Participating Agencies from entering +nto se�arate
a�reements with other Participating ADencies to use fiber optic cable otl�er than the Eiber
Optic Cabie insta(1ed pursuant to this Agreement.
H. CONTaCT PERSONS AND ADDRESSES
T'he contact pecsons for #he administration of this Agreement are as foliotivs:
King County:
Jahn ['oone, tT Project Manager
King County Department of
Transportation
?Ol S Jackson St
Seattie, WA 98104
City of Des Moines:
Brandon Carver, P.E., P.TA.E_
Associate Transportation Engineer
Citv of Des Moines
216�0 t lth Ave S
DesMoines, WA98i98
Cit�� of Federal Vl�av
Rick Perez, P.E_
Cit�� Traffic Engineer
G'f•7
Citv of SeaT'ac:
Susan Sanderson, P.E.
City Engineer
City of SeaTac
�800 S 188th St
SeaTac, WA 98188
City of Kent:
Steve Muilen, P_E.
Transportation Engineerin� Manager
City of Kent
220 Fourth Ave S
Kent, WA 98032
A-Line Fiber Optic Project 8 November 20, 2009
Citti� of �ederal �Vav
i332� Ei�hth �ae S
PO Box 97 L 8
Federat Wav WA 98063
vu. THE COUNTY RESPONSIBiL[T[ES �S GEAD AGE�iC�'
A. GENERAL RESPONSIB(L[rY OE THE COUNTY AS LEAD AGENCY
The County sha{( be respoasible for the overatl manaaement of the Work necessary for the
successful completio� of the Fiber Optic Project, as the a�ent ot�the Participating A�encies in
the Eiber Optic Project, pursuant to the terms and conditions of this Agreement_ The County
shali have the authoriri and tfie responsibility for negotiating and entering into such separate
contracts w Facility O�� ners a� are necessary for the specific use of their Faciiities in
furtherance of the Fiber Optic Prc�ject. T'he County� will also have the authority to enter into
and manage such separate contract ajreements �vith contractors as are necessar� to perform
a(1 or part of the w'orl: associated with the Fiber Optic Project.
The County u responsible for ensuring that a(I applicable terms and conditions of this
A�reement are included in the contracts with Eaciiity O�vners and contractors_ Prior to
execution of anv contracts tivith Faciiity O��ners or contractors, the County sha(i provide an
oppoitunity for the Participating A�encies to revie�v and comment on such agreert�ents. In the
event there is a di�pute re�ardi�i� am� of the provisi�ns or (ack of proc-isions in this
A�reement, such dispute sl�all be resolved through the Uispute Resolution process identified
in this Agreement.
The County shall keep the Participatin A�eiicies infonned as to the status of the Fiber Optic
Project.
B. AGREEMENI'S, APPRO�'ALS, PERM(SSiONS. �ND PERtii[TS
T'he County shal! be resp�nsible for obtainin� all necessar} a�reements, approvals,
permissions, and percnits and an�- other docu�nents reqiiired or necessarr• for itie successful
completion of the �'iber Optic Prc�ject and for keeping them in place and current.
C. NOT[CE OF INSTALLAT[ON AND T'ES�I'iNG
The County shall notiti• the Participating A�encies ivhen initial insta!(atior� of the Eiber Optic
Cable and the Acceptance testina of a(I the Fiber Strands have been completed.
D_ MAINT'ENANCE AND REPAtR RESPONStB[L[TiES
L Maintenance and Repair of Fiber Optic Cable, Fiber Strands, and Pathway
Maintenance of the 7?-;trand and 48-strand trunk Fiber Uptic Cable and trunk Eiber
Strands instalted pursuanc to tfiis Agreement, as �veli as the Path�vay bet�veen and
including the Demarcation Points, shait be the responsibiiit}� of the County as agent for
the Participating A�encies.
For this Agreement, the Demarcation Points are the 2�TA fiber vaults. A schematic of the
typical fiber optic con�ponents is provided as Attachment Scllematic of Typical
RapidRide Fi6er Optic Components.
Maintenance of Fiber Optic Laterai Cables and Fiber Strands installed from the 2�TA
#�ber vaults to the Participatin� A��encies' equipment shail be the responsibility ofthe
Participatina AQency that o�4n; the equipmer�t to uhict� tt�e lateral cab(e is connected.
66
A-L+ne Fiber Optic Project 9 November 20, 2009
The fiber vaults ar�d the RapidRide cabinets shaN be the responsibility of the
County.
County maintenance responsibility shali continue for the term of this Agreement and for
anv extensions or renetivais_
A summan� of ihe maintenance responsibilities for the elements of the Fiber Optic
Project is provided as Aitachment (3wnership and 1Lfaintenance Responsibilities of
Fiber Optic Project Ele�tents.
In instances where service to anti� of the Participating Agencies has been interrupted on
ttte County side of the Demarcation Point, the County, at the Participating Agencies'
request, wi(I repair the Eiber Optic Cab(e as soon as possible provided that all necessary
permissions ta ef�ect the repairs have been obtained from the Facility Owner(s).
Restoration of traffic control and public safety services shatt be given the highest priority.
In the event of an outa�e, the Participating Agencies shali work promptly to restore the
functionality of the Fiber Optic Cable as soon as possibie and practical after restoration of
any other necessary serr,�ices. The Participating Agencies shati not cut or otherwise
damage Fiber Optic Cable un(ess absolutely necessary for the safe and prompt restoration
of traftic control and public safety services.
vtaintenance and Repair E�penses
Tt�e Participatin� Agencies shali be responsible for the expense of maintetiance and
repair of the Eiber Optic Cable aad Fiber Straads for the duration of this Agreement on a
prop�rtional basis as identitied in Attachment Orvnership and Maintencmce
Responsihilities of Fiber Optic Project Eterr:ents. When repairs are required as a result of
dama;e caused by a tturd party, the Participating Agency in whose jurisdiction the
danta�e occurred shall seek payment from the third party for the cost of the repair. The
Count�� shali assi�n a desi�,nated maintenance manager who sha{1 re�•ietiv ongoing
maintenance espenses «ith Participating aaencies as reasonably requested, but at least
on an aruiva( basis.
�fhe Count�� rnay contract �vitt� a veiador capab(e of making any necessary repairs_ T'he
contact sha[1 provide for around-the-clocl: service, defined response tirrtes, and supply
Duarantees.
Payments for Maintenance and Repair Espenses
Participating Agencies shall pay at( amounts o�ved to the County within 30 Days of
receipt of the bil(ing. tf a Participatin� A�enc}' disputes all or a part of the payment owed
to the County, then such dispute shali be resolved throu�h the dispute resolution process
identifted in this Agreement_
If a Participating A�ency cannot or does not make payment for charges oived within 90
Days, the Participating Agency st►all be aiven tiiritten notice to correct the default. The
Participatin� Agency st�alt have 90 Days, or such longer time after receipt of notice as the
County may authorize in �vritin�, to make payinent_
[f the Participating Agency and the County stitl cannot reach agreement on amounts
owed, the dispute shall be resolved through the dispute resolution process identified in
this Agreement.
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A-Line Fiber Optic Project 10 November 20, 2009
E_ COWi TY NONCOMPLIAIVCE
The Countv shalf adhere to the terms, conditions, and requirements of the Work as provided
in this A�reement. and the required record keeping as required in this Agreen�ent_ l�4'here
there has been nross ne�ligence or wiltfui misconduct on the part of the County, and
additianat Work is necessary to conform the Work to the requirements of this :�greement. it
shali be at the eKpense of the County.
F_ AUD[T'
The County shatl permit Participating Agencies, or their desianaced a�ent(s), from time to
time (including up to six }'ears after the expiration or termination of this Agreement) to
inspect and audit a!( pertinent books and records of the County, contractors, subcontractors,
or any other person or entity in connection with or re(ated to the Eiber Optic Project w
respect to the services provided, costs, and the compensation paid_ Such audit sha(( oecur at
such reasonable times and at such reasonable location(s) as mutuaily agreed to by the
Participating Agencies and the County.
v[[i. EACILITY OWNER R[GHTS AND RESPONSIBILITIES
A. PRINCiPLES FOR USE OE PARTICIPAT(NG AGENCY EAC[LtT[ES
Use of Facilities o�vned by a Participating Agency sha(I comply with ali requirements of the
Participatin� ��ency that otitins them. A Facilit�- shall be designed and constructed to
maximize the reasonahle, additional future use of such Faciiitti•. The general project cc�sts
shall inciude ai( fees and char�,�es for the use of the Faci(ity.
This Agreement sha(1 not be construed to authorize any i'articipating Agency to mal:e use ��i
any other Participatin� Agenc��'s Facilities unless such use is specifica!(y authorized bv the
Participating Avenc} in its capacity as a Facilit}� Owner. The Facitity Owner has tinal
approval of planning, enai�eering, design, material, and maintenance for atl p�rtions of the
Fiber Optic Project on or within its Facilities.
8. APPROVALS
Al( contractors hired by the County to �vork �vithin or on F'acilities shaii be subject to
approval by Facility Owner(s). [n al1 agreements �vith contractors, the Eaciiiiy Owner(s) ma�
require che Count�� to specih- that the contractors attend one or more pre-construction
meetings w�ith the appropriate Participating Agencies and Facility Owners to review
instaliation requirernents for the Work and any restrictions or other requirements that must be
adhered to prior to an}' Work being performed in or on Facilities. The contractor agreement
shall state that the Faciiity O�vner or the ParEicipating A�ency has authority to stop
inadequate or unsafe 1��'ork, or to require that inadequate or unsafe Work be corrected as
provided for in this A�reement.
C. ACKNOWLEDGMENT AND ACCEPTANCE O� R[SKS
In choosing to co-locate components of the E`iber Optic Project in Faciiities, the Participatin�
Agencies acknowtedge that there are risks associated with having components ofthe Fiber
Optic Project co-lvcated �vithin any such Eacility_ Participating Agencies explicitly
understand that risks inciude bearina ali costs, except such costs caused by the gross
neg(igence or �vitltui misconduct of the Faci(ity Owner, including but not limited to:
provision of a(ternative communication paths needed b}' the Participating Agencies, loss of
Participating Ag et�cti bu�iness, and restoration of their fiber s��stems if they are dama�ed_
68
A-Line Fiber Optic Project I( November 20. ?0�9
D. ACCESS TO AND USE O�' FACILIT[ES
�Che County shall obtain access to and use of Facitities from Facitity O�i•ners for the purpose
of installing, maintainina, and repairing components of the Fiber Optic Project, including alt
agreemeRts, appro�ais, permissions, and permits required_ Such access �hal( be subject to
Facitity avaitability as determined by the Eacility Manager and any conditions specified by
the Faciiity• O�vner.
i. Permission to Entec
Access to Facilities shail i�e al(owed on(y after the Facility Otivner has been notified and
permission has been �ranted by the Facility Owner.
Requests for Access
All requests for access to Faciiities must be made dtrou�h the appropriate Eacility
Manaaer in writing, and sha(1 be subject to the terms and conditions of this A�reement_
[n the eveni of an emer�ency, requests for access may be made in person or by te(ephone_
[n such cases, prompt written documentatiort of the request will foliow.
3. 8uitdings
[Pthe County desires to use space in any buitding, the Count�� shall c�mp(y with the
restrictions and conditions specified by the designated buildin� manager.
4. Conformance to Re�ulations
Access to and use of an}� Eaciiity shall be in conformance a�ith all codes, re�ulations, and
requirements_
E. BU(LDtNG ENTR�NCES
Where applicable, in the event that a Building Entrance owned or controlled by one of the
Participatin� Aaencies is not usable for either entering a buildin� or for providing access to
the (ocation in a buildin�, �vhere the Participating Agencies hati�e insta(led Eiber Optic Project
components, the County has the responsibility for making a(ternative arran�ements for
bui(ding access �vith the bui(ding owner. The expense associated tivith an atternative Buildinv
Entrance shail be borne l�v the Participating Agencies using the bui(ding.
F. MOD[FICAT[ONS TO EAC[LIT'[ES
At the County's request, the Faci(ity Owner sha(t make necessary modifications to any
esisting Facilities to enabie buiiding access for the Fiber Optic Project. Any requests bv the
County for suct� modifications shall be made to the Facility Owner and/or Mana�er.
G. RELOCAT[ON OF F[BER OPTIC CABLE
T'he County w�il! work with the Facitity Owner to ensure that the Fiber Optic Cable within or
onFacilities is designed and constructed to minimize the (ikety need for future relocation.
The Facility Owner has the riDht of pre-approval and post-construction acceptance of anv
work required either co remove eable from within or on Faciiities or to piace cable �vithin or
on alternative Facilities.
1. Al( relocations of Fiber Optic Cabie, regardless o�reason, will be managed by the
County. Ali relocations �viil be managed as a part of and under the tern�s and conditions
of this �jreement_
69
A-Line Fiber Optic Project (2 �lovember 20, 2009
2. Notice
Except for emergency situations, the Facitity O�vner �vi(1 give the Countv at least 90 Days
notice of the need to relocate any components of the Fiber Optic Praject iocated �vithin or
on Eacilities.
3. Re(ocation
When retocation is required, the Facility Owner may, when possibie, provide substitute
Eacilities within or on which the Participating Agencies may relocate the components of
the Eiber Optic Project.
H_ PROPERT'Y RIGHTS
Nothing in the terms of this Agreement shall be construed to convey to the Participacin�
Agencies any property rights in existing Facilities of a Eacility O�vner. Nothing in the terms
of this Agreemeni shall be construed to compel a Facility Owner to maintain any of its
Eacilities for a period longer thari is necessary for its own service requirements. In the event
that Faciiities are abandoned by the Faciiity Owner, the Parcicipating Agencies may remain in
such Facilities at their own risk, subject to the approval of the Faci(ity Owner. Any ownership
rights in Facilities created or constructed as part of the Eiber Optic Project w�i1i be allocated
per this ADreement.
DEEAULT AIvD D[SPU RESOLU`I'ION
1'he Participatin� Agencies desire, if possibie, to resoive disputes, controversies, and claims
{''Disputes arising out af this Agreement without litigatian.
To that end, if any Participating Agency beiieves that another Participating Agency, whether
as a Participating Agency, Eacility O�vner, or Lead Agency, has failed to pertorm any
obligation under this Agreement or has performed such ob(igation in a manner inconsistent
with this A�reement, then the Participating Agency shall provide w�ritten notice to al(
Participating Agencies, statina evith specificity the nature of the Dispute_
Thereafter, each Participating Agency shalt appoint a knowledDeable, responsible
management representative to meet within 30 Days of the date of the written iiotice and
negotiate in �ood faith to resolve any Dispute.
The Participatin� Agencies agree that the discussions and correspondence among the
representatives for purposes of Dispute resalution shall be treated as confidential information
deveioped for purposes of settiement, shatl be exempt from discovery and production, and
shall not be admissibie in any action or proceeding arising under or concernin� this
Agreement without the agreement of the parties to the dispute. Documents identified in or
provided �vith such communications that are not prepared for purposes of the ne�otiations are
not so exempted and may, if othenvise admissible, be admitted in evidence in any such action
or proceeding.
If the negotiations between the Participating Agencies do not resolve the Dispute within 60
Days of the initia( written request, the Dispute shal( be submitted xo mediation w+tli a
mediator chosen by mutual agreement of the parties.
Each Participating Ager�cy shali bear its own cost of these Dispute resointion procedures. The
Participating Agencies thai are party to the mediation shall equally share the fees of ihe
mediation and the mediator.
Nothing in this paragraph preciudes any Participating ADency tTOm seekin� relief from Kin�
County Superior Court should mediation efforts be unsuccessfui.
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A-Line Fiber Optic Projeci 13 November ?0, 2009
IX. RELATIOI�ISHIP BETWEEN THE COUNT�" �ND CO�ITRACTORS
A_ RESPONSiB[LtTY
The Count}• as Lead Agency is responsible for ensuring that the applicabie ternls and
conditions of this Agreernent are included in a�reemer�ts tivith Eacility Owners and
contractors_ However, each contractor shall be held Gab(e for any negligence, intentional acts,
or wil(ful or tivanton misconduct caused by its perfonnance or faiiure to perform the �ti�orl:
under this Agreement or any contracts with the County.
B. APPROVALS
Al! contractors hired by ihe County to work within or on Eacilities shall be subject to
approval by Facility Owners. in aii agreements with contractors, the Faciiity Owner(s) may
require the County to require such contcactors to attend a pre-construction meeting with the
appropriate authority to review instaliation requirements and work restrictions prior to any�
work being perEocmed in or on Facilities_ The contractor's a�reement shall state that the
Faci(ity Owner or the jurisdiction having rights-ot=way has authority to stop Work or require
that inadequate Work be corrected.
C. INSURANCE
Prior to undertakin� any work under any this Agreement, the County shall ensure that ail
contractors, at no expense to the County, Participating :��encies and Eacility Owner(s), have
obtained and filed with the County acceptable evidence of a po(icy or poticies of insurance as
enumerated in this Agreement.
x. INDEMNIFICATION AND LIMITATION OF LIaBIL[TY
A_ L[MIT'AI'ION OE L[ABiL[TY AND INDEMNiTY THE COUNT'Y AS LEAD AGENCY
The County, �vhen acting in the capacity as Lead A�ency, shal! not t�e liable, in la�r� or in
equity, to the �'acilitti Owner, Participating Agencies, or any� subsequent user for any dacnaRe:.
relating to the interruption of service or interference with the operation of the Fiber Optic
Project, except to the estent caused by the gross negli�ence or wiilfW misconduct of the
County_ The Facilit}� O�vners and Participating Agencies shal[ indemnify and save harmless
the County, its officers, employees, and agents trom a(1 claims, actions, iiability, and damage�
of any nature arising out o�any act or omission, except in the event of aross negligence or
willfu( misconduct by che County in connection with this Agreemeni_
If any claim arises to which this indemnification provision may be app(icabie, the Facility
Owner shalt immediately upon learning of such claim notify the County, and upon such
notice, the Count_y shall promptiy notify the Participatin� A�encies. The Participating
Agencies may, at their option, settle or compromise such claim. In no event shall the Faciiity
Owner or the County have the right to pay, settle, or other�vise compromise such claim
without the prior written consent of the Participating Agencies, who shall not unreasonabiy
wi#hho(d such consent.
THE COUNTY AS LEAD AGENCY SHALL N01' BE [.[ABLE TO THE FAC[LITY
OWNER, PARTIC[PAT[NG AGENCIES, OR T'H�[R USERS OR ANY SUBSEQUE�IT
USEK UNDER ANY CtRCUMSTANCES FOR tNC[DENT'AL, SPECIAL, OR
CONSEQUENT[AL DAMAGES OR DAMAGES ALLEGED T'O HAVE ARISEN DUE I'O
AN INTERRUPT[�N OF SERV[CE OR DAMAGE TO ANY FtBER OPT[C CABLE OR
ASSOC[ATED EQUIPMENT.
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A-Line Fiber Optic Project 14 November Z0. ?009
B. LIMITATION OF LIAB[LITY AND iNDEMN[T'Y EAC[LI1'Y OWNERS
Facilit}' Owners, wtten acting in that capacity, shall not be liabie, in la�v or in equity, to the
County as Lead Agency, to Participating Agencies, or to any subsequent user for any
damages relating to the interruption of service or interference �vith the operation of the Fiber
Optic Project, except to the extent caused by the gross negli�ence or wil(ful misconduct of
the Facility Otvner. T'he County as Lead A�ency and Participating Agencies shati indemnify
and save harmless Facilit}� Owners and Facility Otivners' officers, empioyees, and agents
from ai! claims, acrions, liabiiity, and damages of any nature arising out of any act or
omission, except in the event of gross negligence or wiliful misconduct by the Facilit� Owner
in connection with this Agreement_
if any c(aim arises to which this indemnification provision may be applicable, the Eacility
Owner shali immediately upon learning of such ciaim notify the County as Lead Agency, and
upon such notice, the County shall promptiy notify the Participating Agencies_ T'he
Participating Agencies may, at their option, settte or compramise such claim_ [n no event
shal! the Facility Owner or the County have the right to pay, settte, or otherwise compromise
such ciaim without the prior written consent of the Participating Agencies, who shall not
unreasonabiy tivithhold such consent.
THE FACIL[TY OWNER SHALL NOT BE LIABLE TO THE PART[CIPATING
AGENCiES OR THE[R USERS OR ANY SUBSEQUENT USER UNDER ANY
CtRCUMSTANCES FOR !NC[DENTAL, SPEC[AL, OR CONSEQUENTtAL DAMAGES
OR DAMAGES ALLEGED �I'O HAVE AR[SEN DUE TO AN iNTERRUPT[ON OF
SERVICE OR DAM.AGE TO ANY FIBER OPTIC CABLE OR ASSOC[ATED
EQUiPMENT.
C. LIMITAT'ION OF LIABILiTY AND [NDEMNITY PAR`C[C[P�TiNG AGENCIES
A Participating A�ency, evhen actin� in that capacity, sha(1 not be liab(e, in (aw or in equity,
to the Lead Aaency�, the Faciiity Owners or any other Farticipatiag Agency, or any
subsequent user for any damages reiating to interruption of service or interference �vith the
operation of the Fiber Optic Projeci, except to the extent caused by the gross negligence or
willful misconduct of that Participating Agency. T'he County as Lead Agency, the Facility
Owner, and the other Participating Agencies shall indemnify and save harmless a
Participating Aaenc�� and its officers, employees, and agents from aN claims, actions,
tiability, and damages of any na#ure arising out of any act or omission, except in the eveni �f
gross neg(igence or wi(Ifu( misconduct by that Participating Agency in connecrion with this
Agreement.
if any claim arises to tivhich this indemnification provision may be applicable, #he Faciiity
Owner sha(l immediately upon learning of such ciaim notify the County as Lead Agency, and
upon such notice the County shati promptly notify the Participating Agencies. The
Participating Agencies may, at their option, settie or compromise such claim. [n no event
shail the Pacility Owner or the County have the right to pav, settle or otherwise compromise
such claim without the prior written consent of the Participating Agencies, who shall not
unreasonably withhold such consent.
A PARTICIPATtNG AGENCY SHALL NOT BE L[ABI,E TO THE COUNTY AS LEAD
AGENCY, THE EACILITY OWNER, OR OTHER PARTICIPATiNG AGENCIES OR
THE[R USERS OR ANY SUBSEQUENT USER UND�R ANY CIRCUMSTANCES FOR
iNCIDENTAL, SPECiAL, OR CONSEQUENTtAL DAMAGES OR DAMAGES
ALLEGED TQ HAVE ARISEN DUE TO AN [NTERRUPTtON OP SERi/ICE OR
DAMAGE TO ANY FiBER OPT[C CABLE OR ASSOC[ATED EQUIPMENT.
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A-Line Fiber Optic Project i 5 November 20, 2009
X[. ADDITIO�IAL TERMS AND COI�ID[TIONS
A. LA1M1�'S, LtCCNSES, AND PERMITS
t. General Requirement
A!1 �ork done under this Aareement �hall compl}' with all appiicabie federal, state, and
local (at�s, and ail ruies, reguiations, orders, and directives of re(evant administrative
aaencies.
2. Licenses, Permits, and Similar �uthorizations
The Participating A�encies shali have and maintain in effect at all times alt necessary
tfanchises, licenses, permits, consents, ar�d easements from federal, state, and iocai
authorities and the owners of rights-ot=way and private property. The Participating
ADencies �vi(( comptti� with ali require►nents thereof to insta(l, construct, maintain,
operate, and remove ar►y fiber optic insta(lation(s).
B. PERFORMAtVCE
Each Participating A�ency will pertorm a!1 of its obligations under this Agreement in a
timeiy mar�ner_
C. AGREEMEi�fT TERM
1l�is Agreement shali becon�e effective upon the esecution of all Participating Agencies, and
untess terminated in accordance with the ternis of this ARreement, shall continue to a term of
?0 vears.
One year prior to the espiration of this 20-year period, the Participating Agencies shall in
�ood faith ne�otiate a renewal agreeme;�t for an additic�na( 20-year period or terminate their
participation accordin� to the provisions of this :1,reenient. Under the terms of any renewal
agreement, the Participating Agencies shall continue to make payments as specified in this
AQi
Terms and conditions o� this Agreement that have expired shail remain in effect until
superseded by a ne�v agreement_
D. TERM[NA�I'ION FOR CAUSE
Any Participating ADency may terminate this Agreement in the event that another party fails
to perform its obligations as described in this Agreement, and such failure has not been
corrected to the reasonabte satisfaction of the other in a timety manner after notice of breach
has been provided by such other Party.
Notice of termination shati be given by the Participating Agency terminating this Agreement
to the others not tess than 4� Days prior to the effective date of termination.
E. FORCE MAJEURE
The term "force majeure" shal( inc(ude, ��ithout lin�itation by the foUowing enumeration:
acts of nature, acts of civil or inilitary authorities, cerrorism, ftre, accidents, shutdowns for
pnrpose of emergency repairs, and industrial, civil or public disturbances causing the inabiliiy
to perform the requirements of this Agreement_ (f a pa� is rendered unable, whoily or in
part, by a force majeure event or any other cause not �vithin such party's control, to perform
or comply with any obligation or condition of this A�reement, upon Diving notice and
reasonably= ful! particuiars to the other �art�. such ob(igation or condition shall be suspended
only for the time and to the extent com�tiercially practicabie to restore nocma! operations_ [n
73
A-Line Fiber Optic Project 16 November 20, 2009
the event that any party ceases to be excused pursuant to this provisioci, then the other parties,
inciuding the County as Lead Agency, shall be entitled to exercise any remedies oiher�vise
provided for in this Agreement. Whenever a force majeure event causes a party to allocate
iimited resources bettiveen or among a party's other obli�ations, the Work under this
Agreement shal! receive no tess priority in respect to such allocation than any of the
Participatinb Agencies' other projects_
F_ NO WA[VER
No term or provision hereof sha(I be deemed waived or consentsd to, and no breach e?icused
untess such tivaiver or consent shal( be in �vriting and signed by the Participating Agency
claimed to have waived or consented.
Failure of any one or more Participating Agencies to insist uQon strict performance of, or a
Participating Agency's waiver of, any of the terms, conditions, or obligations of this
Agreemenc, shall not be a �vaiver of any other term, condition, eovenant, or obiigation, or of
an�� subsequent default by breach of the same or other term, condition, covenant orobligation
contained herein by any one or more Participating Agencies, nor shall such action or inaction
by any one or more Participating Agericies be construed as to bind or prejudice any other
Participating Aaency.
G. SEVERABtLIT'Y
In the event any section, sentence, ctause, or phrase of this �greement is adjudicated to be
invaiid or i(ieQal by a court of competent jurisdiction, tfie remainder of this Agreement shall
be unaffected by such adjudication and al! other provisions shal( remain in futl force and
etfect as though the section, clause, or phrase so adjudicated to be invalid had not been
inc(uded herein. �['he Participating ADencies agree to negotiate a reptacement section,
sentence, clause, or phrase that is (egal and most closely represents the origina( intent of the
Participating Agencies.
H. RIGHTS CUMULAT[VE
The rights and remedies of the Participating Aaencies provided for under this Agreement are
in addition to any other rights and remedies provided by ta�v_ The fai(ure to exercise on any
occasion any� right shat! not operate to forfeit such right on another occasion. The use of ane
remedy sha(1 not exc(ude or ivaive the right to we another.
f��Zl�►�� 7�i��/I:I1IT���[�2�E.��
This Agreement dces noi constitute the Participating Agencies as the agent or legal
representative of a Facitity Owner for any purpose whatsoever. The Participating Agencies
are not granted anv express or implied right or authority to assume or create any ob(igation or
responsibility on behalf of or in the name of the F'acitity Owner or to bind the Facitity Owner
in any martner or thing �vhatsoever.
HEt�DINGS
The tittes of sections are for convenience onlv and do not define or limit the contents.
K. APPLiCABLE LAi�V AND VENUE
T'his A�reement shalt be c�nstrued arid interpreted in aecordance with the laws of the Stace of
Washington, and venue of any action brouaht hereunder shail be in the Superior Court for
King County_ y
74
A-Line Fiber Optic Project I 7 November 20, 2009
L. BIND[NG EEF'ECTS
The provisions, covenants, and conditions in the General Terms and Conditions appi� to bind
the Participating Agencies and their lega( heirs, representatives, successors, and assigns.
M. ASSIGNMENT'
No Participatin� ADency shall assign its rights or assign its duties under this Agreement
�vithout the prior written consent of the other Participating Agencies, tivhich consent shail not
be unreasonably withheld.
N. I�tOT(CES
A(( notices and other materials to be delivered hereunder shati be in w and shali be
delivered or mailed to the addresses as identified in this Agreement.
O. MODiFICATION OR AMENDMEN
No modification to or amendment of the provisions•of the General Terms and Conditions
sha(i be effective un(ess in writing and signed by authorized representatives of the
Participating Agencies to this Aareement. T'he Participating Agencies e�pressiy reserve the
right to modif}• any a�reement, from time to time, by mutual agreement.
P. EXECUTED tN COUNTERPAR"CS
This aareement may be esecuted in any number of counterparts, each of which sha11 be an
oriDina(, but ali of �viiich together sfiail constitute but one instrument_
P��
A-Line Fiber Optic Project 18 November 20, 2009
[N W[TNESS WHEREOF, the Participating a�encies hereto have executed this Agreen�ent on the
respective daies indicated below.
Kevin Desmond
Generai Mana�er, King County Metro T'ransit
Todd Cutts
Acting City Manaaer, City of SeaT�ac
Anthonv Piasecki
City Manager, CitL• of Des Moines
Suzette Cook
Mayor, City of Kent
Brian Wilson
Interim City Manaaer, City of Federal Way
Approved as to Farm
Marcine Anderson
ProsecuLin� Attorney
Appro�ed as to Eorm
Mary Mirante-Bartoio
City Attorney
Approti�ed as to Form
Pat Bosmans
City Attorney
Approved as to For�n
Tom Br��baker
C ity Attorney
Approved as to Eorm
Patricia A. Richardson
City Attorney
76
A-Line Fiber Optic Project (9 November ZQ, ?Q09
Attachment 1
Project Elements: A-Line RapidRide Fiber Optic Project
Element i(Trunk: State Route 18 to South 216th Street)
1'he instattation of a 72-strand fiber trunk line with tiber distribution as follotivs_
King County- RapidRide: 2� Strands (1-24)
Local Agency Communication (City of Sea�Tac): 2� Strands (2�-�t8)
{nteragency Communications: �4 Strands (49-72)
E(ement 2(I'SC Laterais= State Route 18 Street to South 208th Street�
The instaliation of i?-strand fiber laterals, from trunk to tra�c signal controi cabinets.
Element 3(iTS Laterats: State Route �L8 to South 208th Street)
�The insta(tation of 1?-strand fiber (aterals, from trunl: line to t"CS cabinets:
Element =i I'runk: South ?16th Street to Kent Des �toines Road)
The installation of a 72-stcand trunk tine itti tiber distribution as follo�vs:
King Couniv RapidRide: 2� Strands (1-24)
Local :��enc� Communicatioii (City of Des Moines): ?4 Strands (��-48)
Interagency Communications: ?4 Strands {49-72)
Element 5("CSC Laterals: South 216th to Ketit Des Moines Road)
The insta(lation of i2-strand fiber (aterals, from trunk to traffic signal control cabinets.
Element 6([TS Laterafs: South 216th to Kent Des Moines Road)
The instatiation of 12-strand fiber (aterals, trom trunk (ine to [TS cabinets.
Element 7(Trunk: Kent Des Moines Road to South 272nd Street�
The installation of a 72-strand trunk line with fiber distribution as follows
King County RapidRide: 24 strands (1-24)
Locat Agency Communication (City• of Kent): 24 strazids {25-48)
[nteragency Communications: 24 strands {48-72)
Element 8(TSC Laterals: South 240th Street to South 272nd Street�
The installation of 12-strand fiber laterais, trotn tru�►k to traffic signa( control cabinets.
�iement 9([TS Laterals: South 2=�Oth Street to South 272nd Street)
The instaiiation of 12-strand fiber laterals, from trunk line to ITS cabinets.
rr�
Attachment Project Elements 2U November 20, 20D9
Element !0 South 272nd Street to South 320th Street�
"fhe insta((ation of a 72-strand fiber trunk line along Paci#ic Hiahwa�� South �vith fiber distributi�n a�
fot(ows:
King County RapidRide: 2=� Strands (1-24)
Local A�ency Communication (City of Eederat Way): �4 Strands (2�-=t8)
[nteragency Communication_ Z=1 strands (=�9-72)
Element l t(South 320th Street Trunk: Pacific Hi ahwav South to 2�th Avenue South)
The installation of a 48-strand fiber trunk line along Sc�uth 320th Street with tiber di�tribution as follows:
King County RapidRide: 2� Strands l-2�)
Local Agency Communication (City of Federal Wa�): Z� Sirands {25-48)
Element t2 (23rd Avenue South Trunk: South 3 i6th Street to South 320th Street)
The installation ot a 48-strand fiber trunk line alona 23rd Avenue South with fiber distribution as follows:
King County� RapidRide: 2=� Strands (i-2=�)
Local Agency Communication (City of Eederai ��`ay): Strands (2�-�48)
Element l3 (�TS Laterals South 276th Street to South 320th Street on Pacific Hiahtvav South and
South 3 i6th Street and South 317th Street on 23rd avenue South)
The installation of 12-strand fiber laterals. trom trunk line to [T�S cabinets.
Element 14 (TSC Latera(s 20th Avenue South ?3rd 4�•enue South and '�th r�venue South on South
320th Street and South 3 L6ttt Street and S outh 317th Street on 23rd Avenue Souih)
T'he instatiation of 12-strand fber laterals, from trunk t� traftic signal control cabinets_
Element t (Fiber Termination Cabinets�
The instaliation of five (5) �ber tetmination cabinets at the fo(iowing locations:
State Route 18, South 188th Street, South 216th Street, Kent-Des Moines Road, and South 320th Street
Element 16 (E'iber Connections to Fiber Termination Cabinets)
The instailation of a 144-count fiber connection from the 72-count trunk to the termination cabinets {State
Route i 8, South i 88th Street, South 2 l6th Street, Kent-Des t1J[oines Road, and South 320ti� Street).
Element 17 (Eiber Connectian to WSDOT at South 320th Streetl[nterstate
The installation of a 12-strand 6ber cable trom the spiice �•auit at South 320th Streed2�th Avenue South
to the closed circuit teievision (CC`fV) cabinei (CC-Ol6) in the south�+��est quadrant of the South 320th
Street/Interstate interchange.
78
Attachment i: Project Elements 21 Noveinber'0, 20Q9
Eiement i 8�Fiber Connection to the WSDOT Nt+ni-Hitb at Siate Route i 8
T'he installation of a 12-strand tiber cable fron� the fiber tern�ination cabinec to the w'SDOT fiber mini-
hub at State Route t 8.
Elements Constructed bv Others:
For a portion af Element t0, (72-strand fiber trunk cabte: South 272nd Street to South 320th Street), King
County wiil enter into an agreement with the City of Federa( �Vay. The City of Federal Way witl design
and instali the portion of this project trom South Dash Point Road to South 308th Street. The City of
�ederal Way wii! design and construct tfiis work as part of Pacific Hi�ht�•ay Souti� HOV Lanes Phase
IV_
79
Attachment i: Project Elements 22 November 20, 2U09
Attachment 2: Fiber Itoute Schematic
A-LINE RAPIDRIDE
Fiber Route Scl�etnatic
ttaMlc s�poa� euneuMU� s comnwNCriwn caanet �«,non
7MIe &qnel COMroqo lM�flan
fslaHnp CW V� lmeroonnaet Reute f2"1
E�Nt1MAWnflMarconnaetReW(Y•)
EzMqnp ConduM for F7Wr Roub (Elnpty Y')
EYlstley INUmIneUOn Co�IOnK Ro�e (1'•�
NewConduk(C�
'--�—^'i Cannattbn [o WSDOT Tteffle 6utYnMawe�k
wu:o...rry�eauacr.
7]CT�R�pid PIW Fb�� OpNc NoNB
MIxWG n FMbwr.
24CT 1(bg CowNy M1e.bo RapdRlES (F81en 1�I��
3{CT t�tpl Aq�ney Commuaieatbn {F16en RSJB�
26CT IMk-Ageney Commumm�bns (fMns 48-)2)
<8CT RapM Waa Fibv 00� Route
AlbmYd as FWlows:
-]�CT Kllq COUMy Mebo RapltlRMe (Flpen f 4G�
7ACTlotal Agenry Communiptbn (FNers 25de)
f2CT Rayla Ritle Fbar Optle RcWe
Ailotebe aa Fellews:
1]CT Uner+lqenq Conrectlon fa wSOOT �Fieers 1�11)
v C.undu�l .Ve�.� C mJ
rJ
i�� f _:��i
Pan�Ni;h yoai.th�... _...i
v KENT
,;�a,�n�:m. �.l
FEDERAL WAY
I
l.nu�.:���..�� i... t�'�l.R��'
�,ll .f_ l�.' C..x�x2
�„��a.e�
:3...�-r.•
I
i i. a...
L..vl Ylux•.d SK r1:1v
l.�x• Civxr
..�u:T�
i
I
i-�.�-:-
Yar.'n: Hie�u.eW:'._
r n
O s c�N��uc����,
5 ws�xn
aa�d tn�r
Y 3
5
I 1 4 I 1 I I I( I i,_ I I, I. i f l..� ,I I,I I I I
.._..I.. .-.-uw:. _..._..,t...._.....
u u
Irn n.lbo�InaJ i
�r �%����n.��4 �nnn
seaTac
r
1 I l 1
FEDERAL WAY r.,i„�.� �a„
c•a,ii.�i
--,�ic.. (:o�dun
�i f
l�.a�t��:liily��uy`.�utl!
n r�
DE5 MOINES
�I
Attachment 2: Fiber Ruute Schematic 23 Nuvember 20, 2009
Attachment 3: Fiber Optic Project Cost Estimate
Description Units Subtota!
Communication Equipment and Infrastructure LS �1,128,050
Fiber Optic Cable LS $461,900
Traffic Controi LS $158,994
Force Account Conduit Replacement Est $25,000
Force Account Additional Junctior� 8ox Es# $5,000
Force Account Subsurface Utilit Locate Est $40,000
Subtotaf $1,818,944
Design Altowance 5% $90,947
Count -Provided Total Tax is included in this $27i,39�
Construction ltem Tota! $2,181,281
Tax 9°/a $171.890
Sub#otal
Construction Engineering 15°10
Construction Contingencies 90%
Cost Between South Dash PoinY Road and South 392`" Street (Pac Hwy HOV Phase VI)
Construction Total
81
$2,353,171
$352,976
$235.317
$54,970
$2,996,434
Attachment 3: Fiber Optic Project Cost Estimate 24 Nouember 20, 2049
Attachment Schematic of Typica( RapidRide Fiber Optic Components
�-Line RapidRide
�chematic of Typica! RapidRide �iber Optic Ca�mponents
fiber Opti� Trunk Cable
Fiba� Optic taterai Cable
Londuit fnduded in the Fiber Optic AgrQement
Demarcation Paint
dice Lase
82
Attachment 4: Schematic of Typical Fit�r 2� November 20, 2009
Fiber Optic Components
Atiachment S: O�vnership and Nlainicnance Rcsponsibilitics of Fihcr Optic Pro,ject Elements
ElemeN Owoership
�:1EencY
King County (50"io)
Gty of SeaTac j 50" o i
of
S
Stto
to S
to ti
e to
fity of Seai
King Cnunty
Ring Cuunn�
Cite� of Des Mnines i 50°G�
Elemeat.; (S 2161k S� to
traQic eiRaal eontrol cah
P:kment 6(S 21bth St to
2-straad fifier laterals, trunk to
12-strend fiber laterals, irunk lio
F.kment 8(S 240tA St to S 271nd St): 12-stroad fi6er laterals, trunk to tratfic signal Ciry
Ciry of Des A�foines l
King Counry 100°/)
ICing Counry (50
Ciry uf Kent (50
Ciry• of Kent f00%)
King Counry i 50
Ciry of Federal Way f 50",b)
king Crnmty
i Element 13 (S 27fith 5� to S 320th St on Pacitic Highway S, and 5 316th St and S 317th �:ing Counry
�t on 2 3rA A��e S): 12•sUenA pber laterals, trunk fo iTS cn6inets
f
F�F.lement 14 fElkb Ave S, 23rd Ave S, and 251b ,1ve S on S J20t4 Si: anA S}Ibih St and Cii t}� of Fede�
S 3171h Si nn 23rd Are 5�; 11-51Mnd fifier lalerels, trank to traf8c .�iAnal rnnlrnl
�_rAbixets
F.lemrnt 15 (Fif�er Terminpik�a Cabinetx): Five (S) fiher terminaliaa cafiineu at Kin¢ t'oun�y
i State Routt 518, S ISRth St, 5 Zlbih St, Kent Oes.Moincs R and S 320i St
j Ekment 16 (Conaections �n Fiber TerminatMa Cabinetcl: 1J4-couni fiber connectinn i:ine County
I from Ihe 72-couat trunk tn the termiaation wbinefa al State Roufe 51 R, S i AAth Si, S
21 hth S�, Kea� Ik�s �t oines Road, and S 320 S�
i
---r1�in�Coun1
H:temeot I' (Fiber (:onnection tn WSPOT a� S 32flth SI/1-c); 2-strand �fiher cafiie Y
fram splicc vault at S 3UIIh SU2Sth Ave S in <;CT�' <flbicet al 1•5. I_
F:lement IR (f�'iher <'onneefio� to WSpO'f a! Slale Route 31Rl: 12-strand filxr cabk—��� County
King Counry i0°61
City of Federal Way (50".'al
King Counry (50
City of Federal Way f50°�6)
Kine County (100%1
I Ciry of Federal �'ay Ciry of
�100",�1
I i
j
RinGCounrv j
I
i
i King C'.nuny� Ring C
King County I King County 45�%)
City� of Fedcral Way (50 j
t
King County king CounN (100"�)
Attnchmeat 5: Ownership and Maintensince Responsibili2ies 26 November 20, 2009
ul f iber Optic Prqject Elranents 8 3
Agreement between the City of Federal Way and King County for the Construction and
Implementation of Intelligent Transportation System Improvements to Support the
A-Line RapidRide Project
This AGREEMENT is made and entered into this day of 2009 by and between
the City of Federal V6'ay, hereinafter referred to as the "City," ar�d King County, hereinafter
referred to as the "County," both of which may be coliectiveiy referred to as the "Parties."
WHEREAS, the King County Ordinance No. 1��82 (Transit Now Ordinance) identified a
number of transit service measures to be implemented using the one-tenth of one percent sales
and use tax coilected through Transit Now that focus on capital, operating, and maintenance
improvements that are expected to expand and improve bus service on Locai streets and arteriais
within King County; and
WHEREAS, one of the programs specifically identified in the Transit Now Ordinance was the
development and implementation of a b�s rapid transii program in five distinct corridors,
including new bus rapid transit services connecting the Tukwila Intemational Bouievard Link
Station and the Federal Way Transit Center; and
WHEREAS, the key elements of bus rapid transit include new, (ow floor, hybrid diesei-electric
buses; improved frequency of bus service; improved traffic operations; and transit stations with
reat time passenger information signs; and
WHEREAS, mutually beneficial contractua( arrangements with other pub(ic entities that
leverage public funds to provide both new and better bus service to cities employers is a key
strategy identifted in the Transit Now Ordinance approved by King County voters in the general
election on November 7, 2006; and
WHEREAS, the County, aiang w the City of Des Moines, the City of Kent, and the City of
Federal Way develaped the Pacific Highway South/International Boulevard RapidRide Pro�osal,
dated December 18, 2007 ("RapidRide Proposal") which identified a set of capitai icnprovements
to irr►prove the speed, safety, and retiability of transit service along the conidor; and
WHEREAS, the County's bus rapid transit along this corridor is named A-Line RapidRide and
the Parties are interested in advancing the impiementation of this project; and
WHEREAS, the approved King County iransit capital program includes funding to support
these investments in traffic signal systems and communication necessary to implement A-Line
RapidRide; and
NOW, THEREFORE iN CONSIDERATtON OF THE MUTUAL PR4MISES, COVENANTS
AND AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY
BOTH PARTIES, THE i'ARTIES AGREE AS FOLLOWS:
84
Section l. Purpose
T'he purpose of this Agreement is to establish the roles and responsibilities of the Parties
regarding the construction the A-Line KapidRicle Intettijent Transportation Systems (ITS)
tmprovements (the `'A-Line ITS Improvements"). T'he Parties accept the RapidRide Proposal as
the guiding document for project design ot the Improvements. The A-[.ine iTS improcements
witi be constructed in 2 phases. Phase 1(Phase 1 Improvements) wi(t be designed and
constructed by the County. Phase 2(Phase 2 Improvements) wili be designed and incocporated
into Pacific Highway S HOV Phase The City shall bz responsibie for the design construction
of the Phase 2 Improvements
Section 2. County Responsibilities for Phase 1 Im�rovements
2.1 The County shali be responsible for a(t work activities required to design, construct, and
inspect the Phase 1 Improvements. A summary of the Phase i Improvernents is provided
in Attachment A. The estimated cost tor the Phase 1 Improvements is $731,114_
2.2 T'he County shall submit to the City pians imp(ementing the Phase 1 Improvements for
the City's review and approval before initiating constructian. T'he City �vill ha� the
opportunity to revietiv and provide written comments on the plans for consistency �vith
the recommended Phase 1 tmprovements. The County shal[ submit these plans to the City
in electronic form.
2.3 T'he County shail be responsibte tor the administration of any contracts it enters into for
the performance of its responsihilities under this Agreement. The County shaii proc-ide
the City with quarterly progress reports to identify w�ork progress and other matters of
signiticance in the performance of this Agreement_ Before the issuance of a change order
or any acceptance of contractar's wori:, the County sha(1 notify the City and provide the
City with the opportunity to cornment on and ir►spect the work_
2.4 However, neither the City's eomments on, nor inspection ot; the Phase i Improvements
constructed pursuant to this Agreement wi(l r�lieve the County of its responsibility for
said impravements.
2.� The County shait deveiop new traffic signal tirning p(ans for signal coordination and
transit signal priorityconsistent with the RapidRide Proposal. The City shall revie�v and
approve the new traffic signai timing ptans.
Section 3. City Responsibilities for Phase 1 Improvements
3_ i Upon notification by the County of completion of the Phase 1 Irr►�rovements identified in
Section 2 the City shall revie�v the Phase 1 Itnprovements. If the City finds that an�- ��ork
does not meet the terms of the final p(ans, specifications, and approved change orders, the
City will prepare a punch (ist of such itenis and submit it to the County_ The work shall
be prompt(y corrected by the County at no cost to the City. NoEice ot�acceptance witl not
constitute acceptance of any unauthorized or defective work or materiat.
g�
3.2 T'he City shall implement new traffc signai coordination and transit signa! prioritv timing
plans consistent with the RapidRide Proposal_ The principles for the implementation and
on-going operations of transit signal priority and other signal operation elements are
provided in Attachment C_
3.3 The City agrees to perrnit the County to install in its traffic signai controiier cabinets an
interface panet that is pre-wired to accept connections to iransit priority request
generator. The interface panel will be jointly approved and located by the Parties. The
following intersections on Pacific Highway South w be equipped with the interface
paneis:
S 275th St
S 288�'' St
S Dash Point Road
S 312�' St
S 316th St
3.4 The City shall pernut the County to instatl new County-owned Intelligent Transportation
System (ITS) communications and terminate ihe ITS cabinet po�ver conductors to a ne�v
1 amp breaker instailed in the existing service cabinet_
Section 4. City Responsibilities for Phase 2"ImQrovements
4.1 The City shalL be responsible for ail work activities required to design, construct, and
inspect the Phase 2 Improvements. A summary of the Phase 2 Improvemenis is inc(uded
in Attachment A. The cost estimate for Phase 2 Improvements is provided in Attachment
B_
42 The Cit�� sha11 submii to the County pians implementing the Phase Z Improvements for
the County's review and approvai bef�ore initiating construction_ The County wil( have
the opportunity to review and provide written comments on the pians for consistency
with the recommended Phase 2 Improvements_ The City shall submit these plans to the
County in electronic form.
�.3 The City shall be responsible for the administration of any cantracts ii enters into for the
performance of its responsibiiities under this Agreement_ Before the issuance of a change
order or any acceptance of contractor's work, the City shail notify the County and
provide the County with the opportunity to comment on and inspect the work.
4.4 The City sha(t implement new traffic signal coordination and transit signal priocity timing
plans consistent with the RapidRide Proposal. The principles for the implementation and
on-going o�erations of transit signal priority and other signal operation elements are
provided in t�ttachrnent C.
4.5 The City aarees to install in its traffic signal contro(ier cabinets an interface panei that is
pre-tivired to accept connections to transit priority request generator. The interface panel
86
will be jointly approved and lflcated by the Parties. The following intersections on Pacific
Highway South will be equipped with the interface paneis:
S 304�' St
S �08�' St
4.6 The City sha(! permit the County to insta(t new County-owned Intelligent T'ransportation
Systein (ITS) communications and terminate the [TS cabinet power conductors to a new
15 amp breaker installed in the existir�g service cabinet.
Section County Responsibilities for Phase Improvements
�.l Upon notification by the City of the completion of the Phase 2 Impmvements, the County
shal( review the Phase 2 Improvements. If the County finds that any work does not meet
the terms of the final plans, specifications, and appcoved change orders, the County will
prepare a punch tist of such items and submit it to the City. The work shall be promptly
corrected by the City at no cost to the County. Notice of acceptance �vil( not,eonstitute
acceptance of any unauthorized or defective work or material_
�_2 However, neither the County's comments on, nor inspection of, the Phase 2
Improvements constructed pursuant to this Agreement will retieve the City of its
responsibilit�- for said improvements.
�.3 The County sha!! develop new tra�fic signal timing pians for signal coordination and
transit signa( priority consistent �cith the RapidRide ProposaL The City shall review and
approve the new traffic signal timing plans
Section 6. Fiber Optic Cable Instaited on Paci�c Highway South and on S 320 St
6.1 With the Phase 1 Improvements, the County sha(t install a 72-count fiber cable on �acific
Highway S as a part of the A-Line [TS Improvements. This cable size witl provide future
communicatior� cagacity which couid be used by the tocat agencies for other pucposes.
6.2 With the Phase 2 Improvements, the City shatl install a 72-caunt fiber cab(e on Pacific
Highway S as a part of ihe A-Line IT� Improvements, in addition to a City-owned 24-
count f ber cable. This eable size wili provide future communication capacity which
could be used by the tocal agencies for other purposes_ The distribution of the fiber
discussed in Sectians 6.1 and 6_2 is as fol(ows:
King County Metro Rapid Ride 24 strands
City of Federal Way Communications 24 strands
tnter-a ency Communications 24 strands
6.3 With the Phase i Improvements, the County shatl install a 48-count fiber cable on S 320'�'
St as part of the A-Line ITS Improvements_ This cable size will provide future
communication capacity which could be used by the City tocal ag�ncies for ather
purposes. The distribution ot the fiber is as follow•s:
87
King County Yletro Rapid Ride 24 strands
Citti� ot� Eedera( Wav Communications Z=� strands
6.4 Concurrent �vith this Agreement, the Parties ���i11 enter into a separate fiber optic project
agreement to establish the terms and conditions tor the ownership and maintenance of the
72-count tiber eable and the 48-count fiber cable.
6.� �fhe City shall permit the Counry to use city-owned conduit in order to route the fiber
optic cab(e associated with the A-I.ine ITS improvements.
6.� The City� and County wili work jointly to encourage VSiSDOT to complete a 24-count
fiber connection betw Eederal Wav City Hali and the intersection of Paciftc High���ay
and S 320` Street b}� fune l0, 20i0 to faci(itate RapidtZide communications_ The
distribution of the fiber is as fo(lotvs_
King Countv Metro Ra id Ride 2 strands
Cit�� of Eederal Way Communications 20 strands
WSDOT Kin� Countv Federal Way- 2 strands
Section 7. Financing
7.1 Totat Project Budget. The total project bud�et for Phase 1 and Phase 2 Improvements is
$828,9 i 6.
7.2 County Contribution for Phase 2 Improvements Installed by the City. Upon
completion of the Phase 2 Improvements, the City will invoice the County for the actual
cost of this tic�ork_ The County will make payment to the City within (30) days of receipt
of an invoice for work determined to be performed in accordance with the terms of this
Agreement.
7.3 County Contribution for King County Road Services Performed Work. The County
will pay, for the �vork performed by King County Road Services for work performed on
behatf of the City in direct support durin� the construction and acceptance of the Phase i
and Phase 2 Improvements. The County wilt arrange for King Caunty Road Services to
bili the A-Line ITS Project directly for this work. The estimated budget for King County
Road Services tivork is $10.000.
Section 8. Schedule
$.1 7'he scheduied date to begin construction of the Phase 1 Improvements is January 1�,
2010.
8.2 The scheduied date for completion of the Phase 1 tmprovements is Ju(y 3l, 2010.
ss
8.3 T'he scheduled date for beginning RapidRide service is June i 2, 2010.
8.4 T'he scheduled date to begin construction of the Phase 2[mprovements is February 241 t
8.� The scheduted date for completion of the Phase 2 Improvements is November 20 t 1
Section 9. O�vnership and Maintenance of Completed Improvements
9.1 The A-line [TS [mprovements to existing City-owned conduit, junction boxes, and traffic
signai control equipment shall become the property of the City upon their completion and
final acceptance_ The separate, concurrent agreement on the terms and conditions for the
sharing of fiber optic instal(ation projects will establish the ownership and maintenance
responsibilities for the 72 sirand and 48 strand fiber optic cabtes.
Section 10. insurance and Indemnification
l0. i Insurance Requirements for Phase 1 Improveruents. if the County uses a contractor to
perform work under this Abreement, after taking into account the scope of work and
sen•ices tivhich may be performed by its contractor{s), the County shali require that the
County's contractar maintain Commercial General Liabi[ity, Professiona� Liability if
professionat ser��ices are required, Automobile Liabilitv insurance, Statutory Workers
Compensation, Employers Liability/Stop and other insurance as may be required with
prudent limits of liabi(ity as established by a County risk assessment.
LU_2 An�� such contractor insucance specified in Subsection 10_i shait insure the Countv, its
contractor, and the City and its officers, officia(s, agents and employees against loss
arising out ot or in connectiart with activities, performed in furtherance of this Agreement
by the Couniy's contractoc Contractor's genera( and automobile tiabiiity insurance and
ocher liabilit}• insurance as may be required shall include the City and its officers,
officials, agents and employees as an additional insured and shall contain standard
separation of insureds language. The County's contractor s insurance shall be primary to
and not contributing with any insurance or self insurance that may be carried by the City_
10.3 Insuranee Requirements for Phase 2 Improvements. If the City uses a contractor to
per�orm �vork under this Agreement, after taking into account the scope of woric and
services which may be perfortned by its contractor(s), the City shall require that the City's
contractor maintain Commercial General Liability, Professional Liability if professional
services are required, Automobile Liability insurance, Statutory Workers Compensation,
Employers Liability/Stop and other insurance as rr►ay be required with prudent iimits of
liabi(ity as established by a City risk assessment.
10_4 Any such contractor insurance specified in Subsection 10_4 shali insure the City, its
contractor, and the County and its ofticers, officials, agents and employees agairist toss
arising out o#�or in connectior► with activities, �rformed in furtherance of this Agreement
by the City's contractor. Contractor's general and automobiie tiability insurance and other
89
6
liabitity� insurance as may be required shall include the County and its ofEicers, officials,
agents and employees as an additiona( insured and shall contain standard separation of
insureds language. �['he Citti's contractor's insurance shatl be prirnar}� to and not
contributing with any insurance or self insurance that may be carried bv the County.
10.� [ndemnifcation and Hold Harmtess_ To the maYimum extent perniitted bv law�, each
Party shatl protect, defend, indemnif�� and sa�•e harmtess the other �'arty, its officers,
officials, employees and agents �vhite aciin� within the scope of their emp(oyment as
such, from any and all suits, costs, claims, accions, (osses, penalties, judgments, and/or
awards of damages, of whatsoe��er kind arising out of, or in connection w �r incident
to the services associated tivith this Agreement caused by or resu(tin� from each Party's
own negligent acts or omissions. Each Party agrees that it is ful[y responsible for the acts
and omissions of its own subcontractors, their emptoyees and agents, actina w•ithin the
scope of their empioyment as such, as it is for the acts and omissions at its own
employees and agents. Each Party aQrees that its obligations under this provision extend
to any c(aim, demand, and/or cause of action brought by or on behalfof any of its
employees or agents. The fore6c�in� indemnitv is specificaily and expressly ir�tended to
constitute a waiver of each Party's imrnunit}° under Washington's Industrial tnsurance
Act, RCV�' T'itle l, as respects the other Party only, and only to the extent necessarv to
pro��ide the indemnified Party tii-ith a fu(1 and comp(ete indemnity of claims made by the
indemnitor's employees. T'he Parties ack�i�«�(edge that these provisivns ti�ere speci#ically
ne�otiated and agreed upon b�� them_ Each �'arty shall require similar indemnitication
(anguage in all Agreements tivith subcontractors entered into in conjunction �.vith this
Agreement.
11. Effective Date and Terxn of Agreement
This Agreement sha(t take effect upon the tatest date on tivhich one of the Parties zxecuces this
Agreement, and shall continue unless terminated pursuant to the terms of this Agreement.
t2. Agreement Termination
Either Party may terminate this Agreement in the event that the other Part�� materiall�� breaches
this Agreement. Written notice of such termination and a description of the breach must be given
via certifted cnail by the Party terminating this Agreement to the other Party not less than sixty
(60) days prior to the effective date of termination. The breaching Party shail be �i��en this sixty
days in w-hich to cure its material breach. If the breaching Party faits to cure within siYty days,
the Agreement is immediately terminated. Upon termination, the Parties sh�l( determine finai
costs and payments to be made by each Party_
13 Entire Agreement and Amendments
l 3. i Entire Agreement. This dacument contains ail terms, conditions and pro��isions agreed
upon by the Parties hereto, and sha(1 not be modified except by �vritten amendment.
90
li.2 Amendments. EYCept as otherivise provided for in this Agreement, amendments may be
made to this Agreement within the pre��iousiy approved budget or other applicable
authority for and on behalf of the City� by its City Manager, and for and on behalf of the
County� by its General Manager ot�the Transit Divisian and shall be in tivritin� and
executed by such duly authorized representative of each Party_ No variation or alteration
of the tecros of this Agreement sha(l be valid �ntess made in writing and signed by
authorized representatives of the Parties hereto_
14. Notification and Identification of Contacts
14. i P�lotice. Any notice or communication required or permitted to be given pursuant to this
Agreement shall be in writing, and shatl be sent postage prepaid by U.S_ Mail, return
receipt requested, to the contact persons and addresses identified in Subsection 14.2 of
this Agreement un�ess otherwise indicated by the Parties in writing.
14.2 Contaet Persons and Addresses. The contact persons for the administration of this
Agreement are as fol(ows:
Citv of Federal Way
Kick Perez, PE
City 1�raftic Engineer
City of Federal VVay
P.O_ Bo� 9718
Federai Way, WA 98063-9718
King County, Metro Transit:
15. Dispute Resoiution Process
Dayid Cante��. �Transit Speed Reliabiiity
201 S Jackson Street
KSC-TR-O� 11
Seattle, Washington 98104-38�b
(206) b8=�-6794
The Parties, through their designated representatives identified in Subsection I�2 of this
Agreement, shali use their best efforts to resolve any disQutes pertaining to this Agreement that
may arise between the Parties. If these designated representatives are unable to resolve a dispute,
ihe responsible Project Directors of both Parties shail revie�v the matter and attempt to resolve it_
If they are unable to resolve the dispute, the matter sha(I be reviewed by the department directors
of the Parties or their designees. The Parties agree to exhaust each of these procedurat steps
before seeking to resolve disputes in a court of taLV or any other forurn.
16. Records Retention and Audit
During the progress of the Worlc and for a period not (ess than three (3) years from the date of
completion of the V1%ork or for the retention period rec�uired by la�v, whicheti�er is greatec, records
91
8
and accounts pertaining to the Work and accounting therefore are to be kept available by the
Parties for inspection and audit by representatives of the Parties and copies of all records,
accounts, documents, or other data pertaining to the Work shall be furnished upon request.
Records and accounts sha(! be niaintained in accordance with applicable state law� and
regulations.
17. Compliance with Appticabie Laws
The Patties agree to comply w all applicable federat, state, and tacal laws, rules, and
regulations, inc(uding those pertaining to nondiscrimination, and agree to require the same of any
subcontractors providing sen•ices or performing any of the Work using funds provided under this
Agreement_
i$. Legal Relations
i 8_ 1 No Partnership or Joint Venture. No joint venture, agent-principal refationship or
partnership is formed as resutt of this Agreement. No employees or agents of one Pa�ty or
any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees or agents of the other Party.
18_2 iYo Third Party Beneficiaries. [t is understood and agreed that this Agreement is solely
for the benefit of the Pacties hereto and gives no right to any other person or entity_
18.� Assignment. Neither this Agreement, nor any interest herein, may be assigned by either
Party without the prior writteri consent of the other Party.
18.4 Binding on Successors ancl Assigns. T'his Agreement, and a1l of its terms, provisions,
conditions, and covenants, together with any exhibits and attachments now or hereafter
made a part hereof sha(i be binding on the Parties and their respective successors and
assigns.
18_� Mutuat Negotiation and Construction. This Agreement and each of the terms and
provisions hereof sha(i be deemed to ha��e been explicitly negotiated between, and
mutuatly drafted by bath Parties.
18.6 Waiver of Default. Waiver of any default sha(1 not be deemed to be a waiver of any
subsequent defautt; as such, failure to require fu(1 and timely performance of any
provision at any time shal( not w•aive or reduce the right to insist upon complete and
timely performance of any other provision thereafter. Waiver of breach of any provision
of this Agreement shall not be dezmed to �e a tivaiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of this Agreement unless
stated to be such in writing, si�ned by� duly authorized representatives of the Parties, and
attached to the original Agreement.
l8_7 Applicable Law. This tagreemzni shalt be governed by and construed in accordance with
the laws of the State of VVashington.
9 9�
18.8 Jurisdiction and Venue. The Kinb Counry Superior Court, situated in Seattle,
Washington, shall have eYCiusive jurisdiction and venue over an}' le�al action arising
under this Agreement_ y
18.9 Rights and Remedies. T'he Parties' rights and remedies in this Aareement are in adciition
to any other rights and remedies provided by law.
i8.10 Severability. if any Qrovisions of this Aareement are held invalid b�� a court of
competent jurisdiction, the remainder of the Agreement shati not be affected thereby
iflsuch remainder would then continue to serve the purposes and objectives originaiiy
contemplated by the Parties.
18. t 1 Entire Agreement. This Agreement embodies the Parties' entire understanding and
agreement on the issues covered by it, eYCept as may be supplemented by subsequent
written amendment to this Agreement, and supersedes any prior negotiations,
representations or draft agreements on this matter, either written or oral.
18_ 12 Survival. Each of the provisions of this Section 18 shall sucvi��e any° e�piration or
termination of Agreement.
19. Execution of Agreement Counterparts
This Agreement may be executed in two (2) counterparts, either of which shall be regarded for
ail purposes as an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
indicateci under their signatures.
KiNG COUNTY
DEFARTMENT OF TRANSPORTATION
METRO TRANSIT DIVISION
CITY OF FEDERAL WAY
By: Kevin Desmond, General Manager
Dated:
APPROVED AS TO FORM:
By: Brian Wilson, [nterim City Manager
Dat�d:
APPROVED AS T'O FORM:
By: By:
Sen;or Deputy Prosecuting Attorney Patricia Richardson, City Attornev
93
10
Attachment A
A-Line [TS Improvements
PHASE 1 [MPROVEMENTS
Cost of Financial Plao
[mprovements
Countv Citv
insta(t new [TS cabinets at siQnalized intersections. $731,1 t� $73 i,i l�t -0-
2 The foilowing intersections on Paciftc High�vay S wi(!
be equipped for TSP and include aii o€the required
communications hardware=
S 276"' Street
S 288�' Street
Dash Point Road
S 304�' Street
S 308`" Street
S 3 i 2�' Street
S 316�' Street
3. [nsta{l antennas and wireiess access points as indicated
on the desi�n drawin�s. {nstall fiber termination panel
and Ethernet switch in each ITS cabinet.
4. I�stalt fiber termination pane( in the traffic controller
cabinet at the foilowing intersections:
S 320`�' Street and Pacific Highway S
S 3?0`" St and 20`� Ave S
S 320�' St and ?3` Ave S
S 3Z0�' St and 2�"' Ave S
S 3 l6�' St and 23` Ave S
S 3 t 7`� St and 2�`d Ave S
Instal( vaults for fiber spiicinb and cable storaQe.
instali fiber from Z��' Ave S to the WSDdT CCTV
cabinet at [-5.
7. Upgrade Type t junction boxes to Type 2 junction
boxes to accommodate the fiber cab(e as indicated on
the desi drawinQs.
8. instalt small sections of ne�v conduic at S 272 Street
and Pacific Highway S, S 320`� and Pacific Hi�hway S,
and S 320�' St and 2��' Ave S.
9. Devetop and instati new traffic signal timirig to support
corridor signat coordination and transit signat riority
Subtotal
$Tl,ll4 �Tl,ll4 -0-
PHASE 2 [MPROVEMENTS
i_ Instal( approximately 7,000 feet of fiber cable i�ettveen
Dash Poini Road and S 312�' St. �97,802 $97,802 -0-
2. Instait vauits for fiber s ficina and cable stora�e
Subtotat
$97,802 �97,802 -0-
Total
$828,916 $828,916 -0-
95
12
Attachment B
Phase 2 Improvements
Descri tion Units Quantity U+�it Price Sub �otai
Desi n KPG, lnc.
Lump sum breakdown of construction item_
"TRANSlT SIGNAL PRlORITY SYSTEM,
COMPLETE"
Conduit, PVC, 2 in, Sch 40 LF 150_4 $95.00 $2,250
Splice Vault, 25TA EA 2� $3,fl00.00 $6,0�0
Powerba�, rackmoun#ed EA 2 0 $50_00 $100
Antenna Cable, CATSe LF 2 $5.00 $1,000
RapidRide Communication Cab+net, 336A EA 2-0 $5,i00.00 $70,22U
Fiber Optic Cable, 12 Count LF 150.0 $4.OQ $500
fiber O tic Cab1e, 72 Count �F 580U.0 $6.00 $35,800
ltem Subto#al $54,970
T�affic Control Jtems
Traffic Cont�ol Supervisor
Flaggers and Spotters
Other Temporary Traffie Control'`*
Sequential Arrow Sign
Traffic Control Subtotai
Construction Subtotai
Cons#r�ction management ('12.5%)
Construction: Total
Project Subtotaf
Project Administration {5°la)
Phase 2 Total
HR
HR
LS
HR
40
40
0_015
40
$60.00
$48_00
$250,000.00
$5.00
$2,400
$1,920
$3,750
$200
$8,270
$63,240
$7,905
$71,145
5 days/340 working days
$93,145
$4,657
$97,802
96
Attachmen# C
Principles for the [mptementation and Ongoing Operation of Transit Signai Priority
Projects and At( Other Signai Operations Projects in Support of A-Line RapidRide
L The Parties recognize that it wiil be necessary for the City to update signai timings in
response to changing traffic conditions.
2_ The City agrees to re-evaluate and comprehensively update signal timings along the
corridor at least once every 3 to years. City updates wiii include an analysis of transit
signal priority {TSP) settings and moditications. The County �vill fund the initial signai
ti�ings installed by the A-Line RapidRide ITS Improvements.
3_ The City agrees to make a good faith effort_to sustairc the travel time advantage for
transit along the corridor that is at least equal to whai was achieved with the initial TSP
instaltation.
4. The Parties have established a goal of providing TSP for 80% of all RapidRide coaches
that arrive at and benefit from transit signal priority either through a green extension or
a red reduction.
The City agrees to assign a Traffic Engineer Lvho wi(t have responsibi(ity for the
operation of ail TSP intersections in the City. [f the City contracts for its traffic
engineering services, it wiil include this vs-ark in its contract. T'he city employee or the
approved city representative wilt be the primary liaison bet�veen the Cit� and King
County Metro. The Parties commit to work together to maintain and improve the
operation of TSP as on ongoing e(ement of the City's traftic signal system.
6. The City agrees to notify King County Metro anyrtime it retimes or significantly adjusts
signal timing along the corridor. In these instances, the Parties agree to cooperate in the
development of signat timing and transit signal priority parameters in order to maintain
or improve TSP operations.
7. The Parties agree to jointly prepare and issue an annuai TSP evaluation report.
8. The Parties have agreed that the signal timings and T'SP settings for the initial TSP
instailations and a!l other signai related improvements wilt be the same as or very ciose
to what was subrnitted with the Proposat. The description of TSP tier level that is
associated with the initial timing proposal ivill be used as a guide for any refinements or
modifications made at the time of implementation_
Tier l: With Tier i, the green tcmes for the non-transit movements are truncated by 15-
percent or less of the programmed phase split time_ This approach provides a minimal
amount of travel time savings for transit, but also has virtuaily no impact to generai
purpose traffic.
97
l�
Tier 2: Tier 2 will shorten the non-transit phases based on the level of service of the
conflicting phases, rather than a specific percentage of the phase split time. This
approach atternpts to minimize the affect of TSP on heavy traffic movements and
utilize time from movements with less delay. The non-transit green times are truncated
as follows:
Level of Service (LOS) A or B: If the conflicting phase has a level of service A or
B, it is assumed that up to 30% of the total phase split could be allocated to TSP.
LOS C: If the conflicting phase has a level of service C, it is assumed that up to
25% of the total phase spiit could be allocated to TSP.
LOS D: If the conflicting phase has a level of service D, it is assumed that up to
20% of the total phase split could be allocated to TSP.
LOS E or F: If the conflicting phase has a level of service E or F, it is assumed that
only i0% to 1 of the total phase split could be a(located to TSP.
Tier Two is similar to the level of TSP currently used by King County Metro on its
TSP corridors.
Tier 3: Tier Three represents an approach whereby the non-transit movements are
shortened to the minimum green times allowable for each phase. Tier Three provides a
timing strategy that maximizes transit delay reduction while maintaining service to each
non-TSP phase.
Tier 4: Tier Four would allow� for non-transit vehicle and/or pedestrian phases to be re-
sequenced or omitted in order to transition to the TSP phase as quickly as possible_ Tier
Four level of priority is similar to the priority strategy typically used for light raii
service.
15
COUNC[L MEFTING DATE: December 15, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM
SUB.►ECT: Rectangular Rapid Flashing Beacons on S 324` Street (Belmor Park Pedestrian Improvements)
PO[.[Cti QUESTION Should Council approve the instal(ation of Rectangular Rapid Flashing Beacons on S 324�'
Street at Belmor Park and 17` Avenue S?
CON[�t[TTEE: Land Use and Transportation Committee
CaTECORt�:
Consent
City Council Business
Ordinance
Resolution
MEETING DATE: December 1, 2009
Public Hearing
Other
STAFF REPORT BY: Rick Perez, P.E., Citv Traffic Engineer DEPT Public Works
At the November 2, 2009, Committee meeting, the Committee requested staff review the history of the
Rectanaular Rapid Flashing Beacons (RRFB's) instalied at BPA Trail and SW 356` Street for appiicability to
address pedestrian crossing concerns on S 324` Street at Belmor Park.
Attachment: Memorandum to Land Use and T'ransportation Committee dated December 7, 2009.
Options Considered:
1. Transfer the remaining fund balance from the BPA Trail at SW 356�` Street project to a new "Citywide
Pedestrian Crossing Improvements" project, and install Rectangular Rapid Fiashing Beacons on S 324`
Street at Belmor Park and at 17` Avenue S as well as other locations identified by staff.
2. Do not install Rectangular Rapid Flashing Beacons on S 324` Street and provide direction to staff.
ST�FF RECONiMEIYDATiON Staff recommends Option l.
C[TY MAtVAGER APPROVAL: DII2ECTOR APPROV.
Committee
COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the December 15 2009 City
Councii Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCiL MOTION ""I move to transfer the remaining, fund balance fram the BPA Trail at SW
3�6`" Street project to a new ``Citywide Pedestrian Crossing Improvements" project, and install Rectangular
Rapid Flashing Beacons on S 324`" Street at Belmor Park and at 17` Avenue S as well as other locations
identified by staff.
(BELO(�' TO BE COMPLETED BYCITY CLERKS OFFICE)
COL!NCtL �1CTION:
APPRO�'ED
DENIED
TABLED/DEFERRED/NO aCT►Or
D90VED 7'O SECOND READItr'G (ordinances onit�l
REVISEQ— 02i06%2006
99
COUNCIL SILL
l reading
Enaciment reading
ORDINANCE
RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 7, 2009
TO:
VIA:
FROM:
Gand Use and "Cransportation Committee
Brian Wilson, Interim City Manager
Rick Perez, P.E., City Traffic Engineer
SUBJECT• Rectangular Rapid Flasfiing Beacons on S 324' Street
(Belmor Park Pedestrian Improvements)
BACKGROUND:
At the November 2, 2009, Committee meeting, the Committee eequested staff review the history of the
Rectangu(ar Rapid Flashing Beacons (RRFB's) installed at BPA Trail and SW 3�6` Street for
applicability to address pedestrian crossing concerns on S 324�' Street at Belmor Park.
The concerns at SW 356`� Street at BPA Trail began upon the completion of Madrona Park. On
October 7, 2008, City Council approved the insta(lation of an RRFB at this la;ation. tf this project were
successful, staff would continue with implementin� similar instailations, using the funding from the BPA
Trail crossing project.
The RRFB was installed on June 15, 2009. No pedestrian collisions have been reported at the �PA Trail
crossing, either before or since the installation of the RRFB's. Staff observations and citizen reports
suggest greatty improved driver yie(ding behavior. Staff s concern that an increase in yielding to
pedestrians might increase rear-end coilisions has not been realized. As such, staff considers the RRFB
installation successful in improving pedestrian comfort in crossing S 3�6` Street �vithout adversely
affecting safety, and therefore recommends that RRFB's be considered for additional installations using
the remaining project funds. As such, staff proposes to transfer the remaining fund balance from the BPA
Trail at SW 356` Street Pedestrian Improvement to a new "Citywide Pedestrian Improvements" project,
and evaluate and install RRFB's at the locations originaily identified as weli as other locations identified
through a prioritization process yet to be comp(eted.
Having previously evaivated the pedestrian safety issues on S 324`� Street, staff proposes installation of
RRFB at two iocations on S 324` Street: at the Be(mor Park access, and the marked crosswalk east of
17` Avenue S, the latter of which has been a continuing source of citizen concerns and a consistent record
of pedestrian coliisions of about 1 every 2 or 3 years. Based on the history of the BPA T'rail at SW 356`
Street project, staff estimates each instaitation wou(d cost approximatety $30,000, although staff proposes
to use King County to procure and install the devices, which staff believes cou(d reduce final project
costs. As such, staff woutd not be returning to Councii for bid awards, as procurement costs would be
less than $20,000 for each instaliation.
Attachment_
I. LUTC memo dated June 20, 2005.
2. LUTC memo dated November 2, 2009
cc_ Project file
Day File
100
COUNCIL MEETING DATE: December 15, 2009
CITY COUNCIL
AGENDA BILL
ITEM
SUB.►ECT: Rectanguiar Rapid Flashing Beacons on S 324` Street
PO[,[CY QUESTION: Should Council approve the insta(lation of Rectangular Rapid Flashing Beacons on S 324`�
Street at Belmor Park arid i7`�' Avenue S?
COMM[TTEE Land Use and Transportation Committee
CATEGORY:
Consent
City Councit Business
Ordinance
Resolution
MEETING DATE: December 1, 2009
Public Hearing
Other
ST4FF REPORT $Y� Rick Perez, P E, City Trafftc Engineer DEPT Public Works
At the November 2, 2009, Committee meeting, the Committee requested staff review the history of the
Rectangular Rapid Flashing Beacons (RRFB's) installed at BPA Trail and SW 356` Street for applicability to
address pedestrian crossing concerns on S 324�' Street at Betmor Park_
Attachment: Memorandum to Land Use and Transportation Committee dated December 7, 2009_
Options Considered:
l. Transfer the remaining fund balance from the BPA Trai( at SW 356` Street project to a new "Citywide
Pedestrian Crossing Improvements" project, and instati Rectangular Rapid Flashing Beacons on S 324`
Street at Belmor Park and at 17` Avenue S as well as other locations identified by staff.
2. Do not install Rectangular Rapid Flashing Beacons on S 324`" Street and provide directior► to staff:
STAF'F RECOMMENDATION Staff recommends Option 1.
CITY MANAGER APPROVAL:
CITY OF FEDERAL WAY
Committee
DiI2ECTOR APPROVAL:
council
COMMCfTEE RECOMMENDAT[OIY Committee recommends forwarding Option 1 to the December 15, 2009 City
Council Consent Agenda for approvai.
Linda Kochmar, Chair Jim Ferrett, Member Dini Duclos, Memb
PROPOSED COUNCIL NiOTION ""I move to transfer the remaining fund balance,from the BPA Trail at SW
3�6`" Street project to a new "Citywide Pedestrian Crossing Improvements project, and install Rectangular
Rapid Flashing Beacons on S 324` Street at Belmor Park and at 17�" Avenue S as well as other locations
identified by staff.
(BELOW TO BE COMPLETED BYCITYCLERKS OFF/CE)
�rn r�v�u. _ac�'[o�:
APPROVED
DEMED
TABLED/DEF'ERRED/NO ACT(ON
b10VED T0 SECOND READING (ordinances only)
RE V ISED 02106/2006
101
COLINCIL BILL
t reading
Enactment reading
ORDIN:�NCE
RESOLUTION
CITY OF FEDERAL WAY
MEMORANDUM
DATE: December 7, 2009
TO: Land Use and Transportation Committee
VIA: Brian Wilson, [nterim City Manager
FROM: Rick Perez, P.E., City Traffic Engineer
SUBJECT: Rectangular Rapid Flashing Beacons on S 324 Street
BACKGROUND:
At the November 2, 2009, Committee meeting, the Committee requested staff review the history of the
Rectangular Rapid Flashing Beacons {RRFB's) instalied at BPA Trail and SW 356 Street for
applicabiiity to address pedestrian crossing concerns on S 324` Street at Betmor Park.
The concerns at SW 356�' Street at BPA Traii began upon the completion of Madrona Park. On
October 7, 2008, City Council approved the installation of an RRFB at this (ocation. If this project were
successful, staff would continue with imp(ementing similar instatlations, using the funding from the BPA
Trail crossing project.
The RRFB was installed on June 15, 2009. No pedestrian cottisions have been reported at the BPA Trail
crossing, either before or since the instaliation of the RRFB's. Staff observations and citizen reports
suggest greatly improved driver yielding behavior. Staft s concern that an increase in yielding to
pedestrians might increase rear-end coilisions has not been realized: As such, staff considers the RRFB
instaltation successful in improving pedestrian comfort in crossing SW 356` Street without adverseiy
affecting safety, and therefore recommends that RRFB's be considered for additional installations using
the remaining project funds. As such, staff proposes to transfer the remaining fund balance from the BPA
Trait at SW 356`� Street Pedestrian improvement to a new "Citywide Pedestrian Improvements" project,
and evaluate and instail RRFB's at the locations originally identified as �vell as other (ocations identified
through a prioritization process yet to be completed.
Having previously evaluated the �edestrian safety issues on S 324` Street, staff proposes instatlation of
RRFB at two locations on S 324` Street: at the Belmor Park access, and the marked crosswatk east of
17` Avenue S, the tatter of which has been a continuing source of citizen concerns and a consistent record
of pedestrian collisions of about 1 every 2 or3 years. Based on the history of the BPA Trail at SW 356`
Street project, staff estimates each installation would cost approximately $30,000, although staff proposes
to use King County to procure and install the devices, which staff believes could reduce 6na1 project
costs. As such, staff would not be returning to Council for bid awards, as procurement costs would be
less than $20,000 for each installation_
Attachment:
i. LUTC memo dated June 20, 2005_
2. LUTC memo dated November 2, 2009
cc: Project File
Day File
102
�-1 f� 1
CITY OF FEDERAL WAY
M�MORANDUM
DAT'C:
TO:
VtA:
EROM:
June 20, 2005
Land Use and Transportatioii Co�nmittee
David EL Moseley, City tVianager
Rick Perez, P.E., City "!'raffic Engineer
SUBJECT: Bel»i�r Park Safety Improverr�ents
Po[.[c� QuES
What imp{�oven�ents slio��ld be constructed to improve pedestrian safety at �3elmor Park?
13:1CKGROUND
A pedestrian fatality occurred on January 2005 on S 324`�' Street at tlie entrance �f Belmor Park. Beimor Park
residents presented the City with a petitio� requesting additional street (ighti�ig, replaceinent of the "handica}�
warning" signs wid� crosswalk warning siDns witi� tlashi�g amber beacons, and a"�ushbutton-activated traffic
light''. [t is unciear if the latter is a proposal for a pedestrian signal or merely a pedestrian-activated flasher.
Staft' has respo��ded with the replacement of tl�e handicap warning sigi�s with fluorescent veltow green pedestrian
warnings signs, and the instaliation (now under�vay) of a street (ight at each side of� S 324`�' Street at the crosswalk.
We also col(ected turning movemei�t counts (i�3cluding pedestrian crossings) at the entrance to Belmor Parh and
speeci data on S 324`�' Street. Collision history since 1997 was also reviewed.
Stat�t reviewed severa! guidaiice d�cuments for ameiiorating pedestrian collisioi�s. Particularly usefu( is the iate;t
gt�idance fron► E�ederal f-Iighways Admir�istration, �vl�ich updates research on pedestrian collisions aiid lists
pcdestrian countermeasures in orcier of pa�eEerence.
StaFf �viil also be meetit�g with manageir�ent of the Commons to review these alternatives and staff
rccomenc�aiions_
OP"I'[ONS
L Pedestrian
Refuge isiand
2. Pedestria�i
Signal
Positives
Reduces ��edestrian crossing distance to 24
feet at time in one direction oniy
Creates two-way left-turn lane between
t 7` Avenue S and 23"� Avenue S,
improving driveway access to the Commons
Belmor Park
It�iproves pedesti•ian safety
Negutives
Costs $10,000 18,000
[Zedi�ces eastbound direction on S 32=�'''
Street to one lane_
Eastbou��d buses blc�ck siugie lane at
bus stops
[ncreases collisions for ve#aicles
Costs i 50,000
Uoes not meet federai guidelines for
signa! installation
[ncreases collisions for vehicles
Costs $250,000
Does nol meet tecieral guideli��es for
signai installation
Coi�trarv ko tui�ction as minor artcriai
Disruptive to transit
3. "Craf#ic Signal improves pedestriar► safety
Less vehicle collisions tlian pedestrian
signal
4. Raised Keduces vehic(e speeds
Crosswalh Improves percentage of vehicles yieiding
to pedestrians
Costs $5,000
K:\LUTC\2005\06-20-OS Belmor Park SaPety Improvements.doc 103
5. Oversize sign� Costs $500
Provides perception of im{�roved saiety
6. Mast Artn Pr�vides perception �f improved satety
mouated sib►�s
7. Flashing Provides perception c►f improved safety�
Yello�v
Seacons
8. (n-pavement Some studies show a shot safeiy
Fiashers +mprc�vement
Staff Reco�nmendation:
No proven bene#7t
Costs $7000
No }�roven benet7t
Costs 6,000
No proven benefit
Costs �22,000
High maintenai�cc cost
No proven long-terri� benetit
Authorize option 1 to ��rovide a pedestrian refuge island and restripe S 324` Street, converting the
eastbound inside lane tc► a two-way teft-turn lane.
Committee Recommendation:
Forward option 1 to the July l9 City Council Consent Agenda.
AYPR(3VAL OF COMM['fTEE REPORT:
Jack Dovey, Chair
Michaet Park, Member
Eric Faison, Member
104
K:\LUTC\20U5\06-20-05 Beimor Park Safety Improvements.doc
A�-�f�cl�,�e f .z
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November Z, 2009
TO: Land Use and Transportation Committee
VIA: Brian Wilson, Interim City Manager
FROM: Rick Perez, P.E., City Traffic Engineer
SUBJECT: Belmor Park Safety Improvements
BACKGROUND:
At the October 20, 2009, Council requested staff review the history of safety issues on S 324`�' Street in
the vicinity of Belmor Park's entrance in response to citizen concerns.
Attached is the June 20, 2005 memo, outlining the issue and alternatives considered. To summarize, one
fatal pedestrian collision occurred in 2005, prornpting Belmor Park residents to petition the Council to
install additional street lighting, flashing amber beacons with updated warning signs, and a traftic signal
including pedestrian actuation. Staff reviewed coilision history and vehicular and pedestrian volume data
in proposing the recommended actions, which included the installation of improved street lighting,
replacement of handicapped warning signs with fluorescent yeltow green pedestrian warning signs,
restriping S 324`�' Street from 17`�' Avenue S to 23` Avenue S to replace the inside eastbound lane with a
two-way left-turn iane, and the installation of a pedestrian refuge island.
Council approved the staff recommendation on July 19, 2005, and the improvements were instailed by the
end of 2005. In addition, Potice instalied a speed reader board on S 324' Street eastbound approaching
the Belmor Park entrance.
Collision history since this instaltation has been reduced by 50%. Comparing the collision history of the
segment of S 324`�' Street between 17'�' Avenue S and 23` Avenue S from three years prior to installation
(2002-2004) to three years foliowing installation {200b-2008), the number of reported collisions dropped
from eight to four.
Although no further action appears warranted at this ti�ne, both the Belmor Park and t7`�' Avenue S
pedestrian crossings were noted as potential future locations for the installation of Rectangular Rapid
Flashing Beacons. Staff wiPl provide an analysis of air piiot project at BPA Trail at SW 356''' Street for
these devices in eariy 20 i 0, once 2009 collision d�ta has been processed.
Attachment:
1. LUTC memo dated June 20, 2005.
cc: Project File
Day �ile
105