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Council PKT 12-15-2009 RegularCITY OF Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers City Haii December 15, 2009 7:00 pm www. cityoffederalway. com REGULAR MEETING 7:00 PM 1. CALL MEETING TO ORDER 2. PLEDGE Of ALLEGIANCE 3. PRESENTATIONS a. Donation from H-Mart for Adopt a Family Program b. City Manager Emerging Issues Introduction of New Employees Howard Hanson Dam Flooding Update -Tom Bean, Green River Basin Supervisor King County Animal Control Services 4. RECEPTION Outgoing Mayor and Deputy Mayor/Councilmember. 5. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments that exceed three minufes, relate negatively to ofher individuals, or are otherwise inappropriate. 6. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Gommittee of three members and brought before full Counci! forapproval; al! ifems are enacfed by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes December 1, 2009 Special and Regular Meeting ....pg 3 b. Council Bill #514: 2009-2010 Mid-Biennial Budget Adjustments ....pg 12 c. Council Bill #515: 2010 Property Tax Ordinance ....pg 20 d. Council Bill #516: Notify the Secretary of State about the Change of Government.pg 24 e. Counci{ Bill 517:Voice Stream PCS III Corporation (T-Mobile} Franchise Amendment....pg 29 f. Council Bill #518: Claims Against City Code Update ....pg 48 g. Council Bill #519: Declaration of Substantial Need....pg 53 h. RESOLUTION: Adopting ESSB5967....pg 57 i. Sprint/Nextel Site Lease Amendment....pg 69 m n 20 Place SW Emergency Slide Repair Project Acceptance and Retainage Release....pg 72 Bid Award: 2010 Street Sweeping Services Contract ....pg 74 Pacific Highway South HOV Lanes Phase IV PSE Gas Joint Construction Agreement....pg 77 Pacific Highway South HOV Lanes Phase IV Comcast Joint Construction Letter of Understanding....pg 83 Interlocal Agreement with King County for RapidRide Implementation....pg 92 7. PUBLIC HEARING a. North Lake Management District Assessment Roll ....pg 139 Staff Presentation Public Comment 3 minute limit Council Action RESOLUTION 8. COUNCIL BUSINESS a. Proposed Settlement Agreement: Cindy Roque....pg 145 b. Proposed Settlement Agreement: Ramona Denser ....pg 146 c. Employee Contracts....pg 150 d. RESOLUTION: Abate Nuisance at 29811 Marine View Drive SW ....pg 160 e. Rectangular Rapid Flashing Beacons on S 324' Street (Belmor Park) ....pg 164 f. Transition to Mayor/Council form of Government: 2010 Timeline....pg 169 g. AMC Theatre Site possible assignment of contract....pg 172 h. Council Retreat Dates for 2010....pg 191 9. COUNCIL REPORTS 10. CITY MANAGER REPORT 11. EXECUTIVE SESSION Property Acquisition pursuant to RCW 42.30.110(1)(c) and Potential Litigation pursuant to RCW 42.30.110(1)(i) 12. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #�(p.C�-_ SUB.TECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the December 1, 2009 Special and Regular Meetings? COMMITTEE: N/fl CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: N/f1 Public Hearing Other STAFF REPORT BY: Carol McNeilly City Clerk DEP'r: Human Resources Attachments: Draft meeting minutes from the December l, 2009 Special Meeting and December 1, 2009 Regular Meeting. Options Considered: l. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/f1 DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION N/A N/A N/fi Committee Council PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACI'ION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers Gity Hall December 1, 2009 6:00 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor povey called the meeting to order at 6:00 p.m. Councilmembers present: Mayor Jack Dovey, Councilmembers Park, Duclos, Burbidge, Ferrell and Kochmar. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTNE SESSION The Council adjoumed to executive session at 6:OOpm for approximately 45 minutes to discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Potential Litigation pursuant to RCW 42.30.110(1)(i). The Council adjourned from executive session at 6:36 pm. 3. ADJOURN Mayor povey adjourned the meeting at 6:36 pm. Attest: Carol McNeilly, CMC, Gity Clerk Approved by Council: City Council Minutes December 1, 2009 Special Meeting Page 1 of 1 GITY dF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers City Hall December 1, 2009 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO DRDER Mayor povey cailed the meeting to order at 7:00 p.m. Councilmembers present: Mayor Jack Dovey, Councilmembers Mike Park, Dini Duclos, Jeanne Burbidge, Jim Ferrell and Linda Kochmar. Mayor povey excused Deputy Mayor Faison. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Merle Pfeifer led the pledge of allegiance. Mayor povey asked for a moment of silence to honor the four fallen Lakewood Police Officers. MOTION: Councilmember Duclos moved to amend the agenda by moving item �.d. Council Bill #519 Declaration of Substantial Need to the Public Hearing as item 6.1.a. Councilmember Kochmar second. VOTE: Motion carried 6-0. 3. PRESENTATIONS a. Oath of Office Police Officer Interim Police Chief Hwang introduced Officer Daniel Graf and City Clerk McNeilly delivered the oath of o�ce. b. Citv Manaqer Emerqinq Issues Introduction of New Emplovees ICM Wilson stated there were no emerging issues or introductions of new employees. 4. CITIZEN COMMENT The City Clerk read a letter submitted by Patrick Montgomery that encouraged the City to arnend the Zoning Code to allow a business to locate in Federal Way. City Councdl Minutes December 1, 2009 Regular Meeting Page 1 of 7 Tim Burns spoke in support of having an outside agency handle the change of government transition. Norma Blanchard inquired on how the Mayor's salary was going to be established. Nancy Combs inquired on how the Mayor's salary was going to be established and expressed concem regarding tra�c issues in her.neighborhood. Lori Devore spoke on behalf of the Federal Way Chamber Board of Directors to state their support of the City's renewal of the Waste Management contract, agenda item 7.h. 5. CONSENT AGENDA a. Minutes: November 17, 2009 Special and Regular Meeting Approved b. Vouchers Approved c. Monthly Financial Report Approved d. Council Bill #513 ORDINANCE North Lake Mgmt. District Assessment Roll Pubtic Hearing Approved Ordinance 09-634 e. Pacific Highway S HOV Phase IV Qwest Joint Construction Agreement Approved f. Pacific Highway S HOV Phase IV 100% Design and Authorization to Bid Approved g. On-Call Vactor and Jet Rodding Services Contract Extension Approved h. Update 2009 Planning Commission Work Program: Code Amendment Relating to the Size of Health Clubs in the Neighborhood Business Zone Approved i. Request for Direction to Apply for a GMA Update Grant from the Department of Commerce Approved j. Award RFP: Printer and Copier Maintenance and Supplies Approved k. RESOLUTION: Support Joint Underwriting Association Legislation Approved 09- 568 1. Federal Way Energy E�ciency and Conservation Strategy Approved m. Draft 2010 Legislative Agenda Approved n. King County Directors' Association Intergovernmental Cooperative Procurement Agreement Approved o. RESOLUTION: MRSC Rosters- Amend Purchasing Policies and Authorize Agreement with MRSC Approved Resolution 09-565 MOTION: Kochmar moved approval of the consent agenda. Park second. VOTE: Motion carried 6-0. 6. PUBLIC HEARING a. 2009/2010 Mid-Biennial Budqet Adiustment, Revenue Sources. Propertv Tax Rate ICM Wilson stated based on sa+es tax information received from WA State, the proposed budget adjustment before Council further reduces sales tax projections by $122K and Public Works inspection fees by $48K annually. In orderto address the deficit, the revised proposed budget adjustment includes increasing red light photo revenues by an additional $30K annually, not restoring the frozen police officer position and reducing electricity by $34K. As a result of these adjustments, the City Council Minutes December 1, 2009 Regular Meeting Page 2 of 7 General Fund ending balance is projected at $6.84M in 2009, $4.16M at the end of 2010 and $2.94M at the end of 2014 which includes $1.46M City Manager Contingency funds. ICM W ilson stated the revenue estimates are very conservative and at the same time expenditure adjustments are made to ensure financial health through 2014. The City will begin 2011/2012 budget preparation in 2010 which includes updating the financial plan through year 2016 and address the structural deficit of approximatety $850K annually beginning in 201Q. ICM Wilson reiterated the City's budget is balanced through 2014. Public Comment: Alisha Mark, King County Sexual Assault Center Board Member thanked the Council for continued support of their services. Their agency offers support and advocacy for sexual assault victims in Federal Way. Mike Heinrich, Executive Director of Kent Youth and Family Services, thanked the Council for their continued support and funding for Human Service agencies. Introduction/First Reading of Budget Ordinances: The City C1erk read the following Ordinance Titles into the record: a.1. Council Bill #51.9/ Declaration of Substantial Need AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF THE SETTING THE LIMIT FACTOR FOR THE PROPERTY TAX LEVY FOR 2010 MOTION: Councilmember Kochmar moved to forward the ordinance to the December 15, 2009 Council Meeting for second reading and approvaL Councilmember Duclos second. VOTE: Motion carried 6-0. a.2. Council Bill #514: 2009-2010 Mid-Biennial Budqet Adiustments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGET AND FINANCE REVISING THE ADOPTED 2009-2010 BIENNIAL BUDGET (AMENDING ORDINANCE NOS. 08-589, 09-612, 09-616, AND 09-632) MOTION: Councilmember Duclos moved to forward the ordinance to the December 15, 2009 Council Meeting for second reading and approvaL Councilmember Burbidge second. VOTE: Motion carried 6-0. a.3. Council Bill #515: 2010 Propertv Tax Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2010. MOTION: Councilmember Kochmar moved to forward the ordinance to the December 15, 2009 Council Meeting for second reading and approval. Councilmember Duclos second. VOTE: Motion carried 6-0. 7. COUNCIL BUSINESS a. RESOLUTION: Transition to Mavor/Council Form of Government Election Dates City Council Minutes December 1, 2009 Regular Meeting Page 3 of 7 City Attorney Pat Richardson stated the City would need to establish the salary for the Mayor prior to King County Elections Office declaring the candidate filing period. Mrs. Richardson reviewed three options for election date in 2010 those are: Primarv Election Date General Election Date Option 1 February 9, 2010 April 27, 2010 Option 2 April 27, 2010 August 17, 2010 Option 3 August 17, 2010 November 2, 2010 Ms. Richardson explained that the City is not able to meet the required filing deadlines associated with the election dates identified in option 1. King County provide cost estimates for options 1 and 2 as Option 2 between $419K and $510K Option 3 befinreen $250K and $282K MOTION: Burbidge moved approval of option 3, to pass a resolution establishing the election for Mayor be set for Novenber 2, 2010 State General Election. Councilmember Park second. VOTE: Motion carried 6-0. Resolution 09-566. b. City Manaqer Recruitment Agreement Human Resource Director Mary McDougal stated that with the certification of the election the City would be changing to a Mayor-Council form of government. The City had previously entered into an agreement for recruitment services for a City Manager and staff is seeking direction from Council regarding that agreement. MOTION: Councilmember Duclos moved for staff to terminate the City Manager recruitment agreement. Councilmember Ferrell second. VOTE: Motion carried 6-0. c. RESOLUTION: fee Schedule Amendment The draft resolution incorporates the annual inflationary adjustment for all development fees including building, zoning, land use, public works permit, inspection and other development related services. MOTION: Counciimember Duclos moved approval, Councilmember Kochmar second. VOTE: Motion carried 6-0. Resolution 09-567 d. Proposed Lise Kim Settlement Aqreement The city participated in court ordered mediation on October 19, 2009 regarding this matter that arose from a toe injury while swimming in the Kenneth Jones Pool on June 19, 2004. MOTION: Councilmember Park moved approval of the tentative settlement agreement regarding Lise Kim. Councilmember Kochmar second. VOTE: Motion carried 6-0. e. LTAC Budqet Amendment The Lodging Tax Advisory Committee (LTAC) is recommending amendments to their 2009-2010 budget to address reduced revenue projections and a funding request for the 2010 Sand Sculpture World Championships event scheduled for September 2010. City Council Minutes December 1, 2009 Regular Meeting Page 4 of 7 MOTION: Mayor povey moved approval, Councilmember Duclos second. VOTE: Motion carried 6-0. f. 2010 Fleet Maintenance (Non-Police Vehicles) Contract Street Systems Manager Marwan Salloum stated the City issued an RFP for non- police vehicle maintenance and received six (6) proposals. After reviewing the proposals, staff recs�mmends awarding the contract to Eagle Tire and Automotive and executing an agreement for services. MOTION: CounciFmember Duclos moved to award the 2010 Fleet Maintenance (non-police vehicles) Contract, a three-year, non-exclusive fleet maintenance contract, to Eagle Tire and Automotive, Inc. and authorize the City Manager to execute the contract. Councilmember Burbidge second. VOTE: Motion carried 6-0. g. Police Vehic�e Maintenance Contract Interim Police Chief Andy Hwang reviewed the RFB Process that the Police conducted and stated five (5) proposals were received. After review of the proposals, staff recommends awarding a three-year contract to Sparks Car Care, Inc. and executing an agreement for services. MOTION: CounciFrnember Kochmar moved approval of the Police Department's request to award the bid (contract) for 2010 Police Vehicle Maintenance to Sparks Car Care, Inc. Councilmember Duclos second. VOTE: Motion carried 6-0. h. Solid Waste and Recvc�inq Services Contract Deputy Public Works Director Miller introduced representatives from Waste Management and Epicenter Services NW. The City's negotiation team, including Director of Parks, Public Works and Emergency Manager Roe, Public Works Deputy Director Miller, Solid Waste/Recycling Coordinator Van Orsow, and Recycling Project Manager Brizendine, with the assistance of Epicenter Services NW, has negotiated a solid waste and recycling collection services contract extension with Waste Management that includes an initial annual overall revenue increase of 16.9%, while at the same time preparing for the altemative: a competitive bid process. Waste ManagemenYs Public Sector Services Director Susan Robinson outlined the negotiation process and indicated that the outcomes of this negotiation and contract extension are in both parties' best interests. SW&R Van Orsow presented an overview of the rate impacts of the proposed contract extension and the benefits of the proposed contract. The proposed initial term of new agreement is for seven years, taking effect in March 2010. If not approved, the Citywould conduct a competitive procurement process. The City Council,acknowledged staff work on the contract negotiations. MOTION: Councilmember Park moved approval of option 1, to approve the agreement. Councilmember Duclos second. VOTE: Motion carried 6-0. 8. 1NTRODUCTION /fIRST READING OF ORDINANCES The City Clerk read the following ordinance titles into the record: City Council Minutes December 1, 2009 Regular Meeting Page S af 7 a. Council Bill #516: Notifv the Secretarv of State about the Chanqe of Government AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO ESTABLISHING AN EFFECTIVE DATE FOR THE REORGANIZATION OF THE FORM OF GOVERNMENT TO THE MAYOR-COUNCIL FORM OF GOVERNMENT UNDER CHAPTER 35A.12 RCW, AND DIRECTING THE CITY CLERK TO FILE ORDINANCE WITH THE SECRETARY OF STATE. MOTION: Councilmember Ferrell moved to forward the ordinance to the December 15, 2009 Council Meeting for second reading and approval. Councilmember Duclos second. VOTE: Motion carried 6-0. b. Council Bill 517/VoiceStream PCS III Corporation (T-Mobile) Franchise Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 03-447 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO T-MOBILE WEST CORPORATION FORMERLY KNOWN AS VOICESTREAM PCS III CORPORATION, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS'FIXTURES AND RELATED EQUIPMENT, CABLES ACCESSORIES AND IMPROVEMENTS. MOTION: Councilmember Park moved to forward the ordinance to the December 15, 2009 Councii Meeting for second reading and approval. Councilmember Kochmar second. VOTE: Motion carried 6-0. c. Council Bill #518/Code Update: Claims Aqainst Citv AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFFEDERAL WAY, WASHINGTON RELATING TO CLAIMS AGAINST THE CITY; AMENDING FWRC 1.20. (AMENDING ORDINANCE NO. 91-88). MOTION: Councilmember Park moved to forward the ordinance to the December 15, 2009 Council Meeting for second reading and approval. Councilmember Kochmar second. VOTE: Motion carried 6-0. �r� r r� r 9. COUNCIL REPORTS Councilmember Ferrell thanked the City's Police Department for all their efforts and a�sistance they have offered to the City of Lakewood. Councilmember Kochmar will be meeting with SCA and King County Executive Dow Constantine to discuss possible flooding from the Howard Hanson Dam. She reported the Multi-Service Center served over 1,000 homes this year. There are many local. places to drop-off food donations as well as gifts for those in need this holiday season. Councilmember Duclos thanked all of the Police Departments in Washington for their services and extended her condolences to the family members of the fallen Lakewood Police Officers. Ciry Council Minutes December 1, 2009 Regular Meeting Page 6 of 7 Councilmember Burbidge stated the next PRHSPS meeting is December 8, 2009. She reported on upcoming events, such as the tree lighting ceremony at Dash Point Village Shopping Center, the Federal Way Symphony and Chorale Holiday Performances and the Knutzen Family Theatre's production of Jack and the Beanstalk. Councilmember Park stated the next FEDRAC meeting is scheduled for December 22, 2009. He thanked staff for their efforts in balancing the 2009 budget and noted that we will still be facing some economic issues in 2010. Mayor povey reported on upcoming meetings with Valley Com and SCORE. 10. CITY MANAGER REPORT ICM Wilson stated the Friends of the Hylebos is hosting and upcoming ivy-pull and has invited Councilmembers to participate in the event. 11. EXECUTIVE SESSION 12. ADJOURNMENT With no further business before the Council, Mayor povey adjourned the meeting at 8:20 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: Ciry Council Minutes December 1, 2009 Regular Meeting Page 7 of 7 COUNCIL MEETING DATE: __.___.�.—_...._.._...._._�..._.....__.—._....__.._...-------.._..------........._.._..._.......—_.�_�C�,:±r��--!r1��.:�U.Q�.._._........._ITEM#_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUSa�C'r: 2�9-10 NIID-BIENNIUM BUDGET ADJUSTMENT POLICY QUESTION N/A COMMITTEE N/A CATEGORY: Consent City Council Business Ordinxnce Resolntion MEETIIVG DATE: Various Public Hearing Other STAFF REFORT BY Brian Wilson, Interim City Manager DEPT: City Manager's Office ATTACHMENTS Ordinance and Exhibits A(1), A(2), B(1), and B(2). SUMMAItYBACKGROUND This is an ordinance for the adjustment of the 2009-2010 Budget. This adjustment wili revise revenue and expenditure estimates to reflect changing conditions and needs. Changes to the Mid-Biennium Budget Adjustment as presented to Council on November 17, 2009 include: Reduce sales tax by an additional $122,000 annually, beginning in 2009; Reduce public works inspection fees by $48,000 annually, beginning in 2009; Increase r� light photo revenue by an additional $30,000 annually, beginning in 2009; Do not restore frozen police officer 1.0 FTE beginning in 2010; and Reduce electricity by $34,000 annually, beginning in 2010. General Fund ending fund balance as a result of the above changes are: 2009 $6.84M 2010 $4.16M 2014 $2.94M (includes $1.46M City Manager Contingency) STAFF RECOMMENDATION: Staff recommends t�yat Cow}cil �pprove the attached ordinance. CITY MANAGER APPROVAL N/A ��j/ bII�ECTOR APPROVAL N/A Committce Council Committee Co�mcil COMMITTEE RECOMMENDATION N/A PROPOSED COUNCQ. MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on December 1 S, 2009. (BELOW TO BE COMPLETED BYCITY CLERSS OFFICE) COUNCIL ACTION: nrrxovEn couivcn, sn.i. 51 n�rnEU i�' �g TABLED/DEFERRED/NO ACTION Easetmegt neading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02J06/2006 RESOLUTION ORDINANCE NO. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE ADOPTED 2009-10 BIENNIAL BUDGET (AMENDING ORDINANCE NOs. 08-589 AND 09-612) WHEREAS, the City Council of the City of Federal Way adopted the 2009-10 Biennial Budget on December 2, 2008, in accordance with RCW 35A.34,120; and WHEREAS, on May 5, 2009, the City Council enacted Ordinance No. 09-612 to carry forward funds that had not been expended in 2008; and WHEREAS, the global economy continued to decline and as a result the City's revenues were less than the projected amounts used for the 2009-10 Biennial Budget; and WHEREAS, the City Council finds that it is in the best interest of the City to revise the 2009- 10 Biennial Budget pursuant to RCW 35A.34.200(3) because the appropriated expenditures will exceed the revenues; WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance did not take effect immediately, justify the declara.tion of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public properiy or the public peace by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Exhibit A(1) entitled "2009 Revised Budget" and Exhibit A(2) "2010 Revised BudgeY' in Ordinance No. 09-612 is hereby amended to Exhibit B(1) —"2009 Ordinance No.09- Page 1 of 7 Revised Budget" and Exhibit B(2) —"2010 Revised Budget" to include the long range plan adjustments for 2009 and 2010. Section 2. Administration. The City Manager or Interim City Manager shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the revised budget approved herein. Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. 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 correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from Ordinance No.09- Page 2 of 7 the time of its final passage, 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 COIJNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ord�2009Uevised 09-10 biennial budget Ordinance No.09- Page 3 of 7 General Fund Special Revenue Funds: Street Arterial Street Utility Tax Solid Waste/Recycling Special Contract/Studies HoteUMotel Lodging Taac 2% for the Arts Federal Way Comm. Center Traffic Safety Grants CDBG Paths and Trails Debt S ervice Fund Capital Project Funds: Downtown Redevelopment City Facilities Parks SWM Streets Enterprise Fund: Surface Water Management Dumas Bay Centet Internal Service Funds: Risk M anagement Information Systems Support Services Fleet Equipment Buildin�s Furnishin�s E��TI' A (1) 2009 REVISID BUDGET 4,444,738 1,097,569 5,542,307 100,000 100,000 4,791,924 322,490 15,106 467,301 482,407 1,968,000 6,635,710 (295,522) 6,340,188 14,816,891 904,695 187,555 (14,237) 173,318 408,732 272,788 272 194,145 194,145 215,470 (28,720 293 293 111,483 (110,499) 984 2,628,410 101,750 135,819 135,819 456,408 (559 191,585 1,610 193,195 158,420 1,927,159 (163,492) 1,763,667 3,774,332 729,706 74 91 140,934 0 5,263,175 2,613,421 267,520 2,996,867 1,018,428 6,615,425 6,615,425 1,100,000 1,050,115 1,552,789 3,372,394 (12,000 2,250,404 4,571,295 4,345,000 (167,000; 708,789 4,715,793 155,419 10,817,245 13,512,680 11,701,000 12,552,603 (75,658) 65,276 3,331,189 224,832 224,832 822,942 91,695 5,354,870 776,456 356,827 2,970,248 2,274,987 (63,490 (6,723) 260,79'7 201,845 294,942 3,291,809 2,120,010 15,438 151,858 1,170,286 539,728 (73,409 45,505,377 43,379,320 1,737,973 45,117,293 5,930,391 5,114,414 �4,791,924 322,490 5,114,414 I00,000 1,968,000 1,968,000 482,407 2,450,407 0 15,721,586 19,350,550 20,934 19,371,484 �2,690 290 408,732 489,234 489,234 92 272,788 272,788 186,750 215,470 165,425 380,895 0 293 293 2,730,160 2,066,702 118,157 2,184,859 546;285 135,819 455,849 456,408 (559) 455,849 158,420 224,000 224,000 127,615 4,504,038 4,562,078 4,562,078 1,705,627 1,100,000 1,082,942 6,632,483 7,715,425 0 3,360,394 106,000 1,187,700 1,293,700 3,61I,483 4,178,000 5,100,000 2,586,895 7,686,895 1,0G2,400 155,419 1,310,000 2,025,121 3,335,121 1,536,091 24,253,603 11,475,000 22,303,460 33,778,460 3,987,823 3,331,189 3,306,496 64,987 3,371,483 24,981 822,942 822,942 224,832 1,047,774 0 776,456 685,356 685,356 5,445,970 2,211,497 2,141,763 160,407 2,302,170 2,879,575 201,845 148,256 148,256 314,386 2,135,448 1,344,212 54,038 1,398,250 4,029,007 466,319 440,828 440,828 1,195,777 Ordinance No.09- Page 4 of 7 _____E 2010 REVISID BUDGET General �nd Special Revenue Funds: i Street Arterial Street �Utility Tax iSolid Waste/Recycling Sp ecial Contract/Studies I HoteU otel Lodging Taac 2% for the Arts Federal Way Comm. Cent t Tr�c Safety Grants CDBG� Paths and Trails Debt Service Fund Capital Project Funds: Downtown Redevelopme City Facilities �Parks SWM Streets Enterprise Fund: Surface Water M anageme Dumas Bay Center Internal Service Funds: Risk M anagement Information Systems Sup p ort Services Fleet Equipment i Buildin¢s Furnishines 4,306,226 1,624,165 5,930,391 43,075,264 (2,000) 43,073,264 44,226,113 46,050 44,272,163 4,731,492 100,000 100,000 4,946,735 (11,490) 4,935,245 4,946,735 (11,490) 4,935,245 1OQ000 I5,106 (15,106) 0 1,968,000 1,968,000 1,968,000 1,968,000 0 2,102,051 588,239 2,690,290 15,604,959 15,604,959 15,791,292 15,791,292 2,503,957 107,053 (14,237) 92,816 416,854 416,854 502,405 502,405 7,265 o 0 22i,�ss (39,2ss> is2,soo 22i,�ss �39,2ss� is2,soo ��o 673,191 (126,906) 546,285 2,754,098' S1,750 2,805,848 2,120,343 3,283 2,123,626 1,228,507 135,819 135,819 135,819 460,512 (581) 459,931 460,512 (581) 459,931 126,005 1,610 127,615 160,658 160,658 161,000 161,000 127,273 1,139,413 566,214 1,705,627 4,275,033 4,275,033 4,275,805 4,275,805 1,704,855 17,058 (17,058) 0 1,100,000 1,100,000 1,086,116 1,086,116 13,884 3,769,068 (149,585) 3,619,483 1,655,700 (12,000) �1,643,700 5,263,183 1,565,891 (503,491) 1,062,400 1,745,000 1,745,000 2,054,000 2,054,000 753,400 2,852,423 (1,316,332) 1,536,091 23,419 23,419 706,000 117,657 823,657 735,853 2,921,435 1,066,388 3,987,823 8,265,000 (6,135,000) 2,130,000 10,620,000 (5,005,000) 5,615,000 502,823 165,627 (140,646) 24,981 3,366,044 3,366,044 3,396,474 (7,166) 3,389,308 1,717 0 0 1 850,536 850,536 850,536 (3,291) 847,245 3,292 5,354,275 91,695 5,445,970 776,456 776,456 685,356 685,356 5,537,070 2,746,645 132,930 2,879,575 2,338,110 (4,600) 2,333,510 2,248,717 (4,600) 2,244,117 2,968,968 321,109 (6,723) 314,386 201,845 201,845 148,256 148,256 367,975 3,772,665 256,342 4,029,007 2,121,553 (584) 2,120,969 1,551,857 (584) 1,551,273 4,598,703 1,117,328 78,449 1,195,777 542,594 542,594 443,694 443,694 1, 294,677 Ordinance No.09- Page S of 7 EXEIIBIT B (i) 2009 REV7S ID BUDGEI' General F�nd Spedal Revenue FY�nds: Street Arterial Street Utility Ta�c Solid Waste/Recycling Special Contract/Studies HoteUM otel Lodging Ta�c 2% for the Arts Federal Way Comm Center Traffic Safety Grants CDBG Paths and Trails Debt Service Fund Capital Project Funds: Downtown Redevelopment Gity Facilities Pazks SWM Streets Enterprise Fund: Surface Water M anagement Duinas Bay Center Internal Servfce N�nds: Risk M anagement Information S�stems �pport Services Fleet Equipment Buildinp� Furnishinp$ 5,542,307 45,505,377 100,000 5,114,414 0 482,408 1,968,000 y 0 6,340,188 15,721,586 0 173,318 408,732 272,788 0 194,145 186,750 293 0 984 2,73Q160 0 135,819 455,849 0 193,196 158,420 (0) 1,763,667 4,504,038 0 6,615,426 1,100,000 0 1,552,789 3,360,394 4,571,295 4,178,000 4,715,793 155,419 13,512,680 24,253,603 (0) 65,275 3,331,189 (0) 224,832 822,942 0 5,354,870 776,456 (0) 2,970,248 2,211,497 0 260,797 201,845 0 3,291,810 2,135,448 (0) 1,170,285 466,319 ,372,915) 43,132,462 45,117,293 (259,095) 4,855,319 5,114,414 1,968,000 2,450,407 ,013,953) 14,707,633 19,371,484 408,732 489,234 272,788 186,750 380,895 293 (123,311) 2,606,849 2,184,859 580,000 580,000 455,849 455,849 158,420 224,000 ;,025,737) 43,091,556 5,583 (259,095) 4,855,319 100,000 �aoo,000> 2,oso,ao� 400,00� ,507,3ll) 17,864,173 3,183,648 489,234 92,816 272,788 380,895 ��0 293 2,184,859 422,974 580,000 580,000 135,819 455,849 224,000 127,616 ,058,694) 1,503,384 2,764,321 (500,000) 7,215,425 1 1,293,700 260,789 (sg4,000� �,io2,s9s i,o62,400 3,335,121 ],536,091 33,778,460 3,987,833 3,371,483 24,981 1,047,774 (0� 685,356 5,445,970 (66,550) 2,235,620 2,879,575 314,386 1,398,250 4,029,008 440,828 1,195,776 1 6,340,188 173,318 272,788 194,145 293 984 135,819 193,195 1,763,667 6,615,425 1,552,789 4,571,295 4,715,793 13,512,680 5,354,870 2,970,248 260,797 3,291,809 1,170,286 600,000 7,715,425 3) 1,700 1,293,700 3,594,000 7,686,895 155,419 3,335,121 24,253,603 33,778,460 3,331,189 3,371,483 822,942 1,047,774 776,456 685,356 2,144,947 2,302,170 201,845 148,256 2,135,448 1,398,250 466,319 440,828 Ordinance No.09- Page 6 of 7 F.XI�B1T B (2) 2010 REVISID BUDGET General Fund 5,930,391 (318,192) 5,612,199 _43,073,264 (2,484,545) 40,588,719 44,272,163 I Special Revenue Funds: 'Street 100,000 100,000 4,935,245 (316,315) 4,618,930 4,935,245 ':ArterialStreet 400,000 400,000 1,968,000 (968,000) 1,000,000 1,968,000 EUtility Ta�c 2,690,290 710,042 3,400,332 15,604,959 (1,521,158) 14,083,801 15,791,292 I ;Solid Waste/Recycling 92,816 92,816 416,854 416,854 502,405 `Speciai Contract/Studies Hotel/M otel L,odging Tax 0 0 182,500 182,500 182,500 2% for the Arts Federal Way Comm. Cent 546,285 546,285 2,805,848 (188,459) 2,617,389 2,123,626 Tr�c Safety 135,819 135,819 580,000 580,000 Grants CDBG 459,931 459,931 459,931 Paths and Trails 127,615 127,615 160,658 160,658 161,000 Debt S ervice Fund 1,705,627 1,058,693 2,764,320 4,275,033 (2,400,000) 1,875,033 4,275,805 1 Capital Project Funds: Downtown Redevelopment 1,100,000 (500,000) 600,000 1,086,1 6 'Crty Facilities 3,619,483 (3,358,694) 260,789 1,643,700 (1,642,000) 1,700 Parks 1,062,400 1,062,400 1,745,000 (1,200,000) 545,000 2,054,000 1 SWM 1,536,091 1,536,091 23,419 23,419 823,657 Streets 3,987,823 3,987,823 2,130,000 2,130,000 5,615,000 Fr►terprise Fund: Surface Water Mana�ement 24,981 24,981 3,366,044 3,366,044 3,389,308 Dumas Bay Center 1 (0) 0 850,536 850,536 847,245 Intemal Service F�nds: RiskMana�ment 5,445,970 5,445,970 776,456 776,456 685,356 Information S�stems 2 2,879,575 2,333,510 (100,100) 2,233,410 2,244,117 Support Services 314,386 314,386 201,845 201,845 148,256 `'Fleet Equipment 4,029,007 4,029,007 2,120,969 2,120,969 1,551,273 �Buildings Furnishing$ 1,195,777 1,195,777 542,594 542,594 443,694 ,841,957) 41,430,206 4,770,712 (316,315) 4,618,930 100,000 (568,000) 1,400,000 ,356,459) 12,434,833 5,049,300 502,405 7�265 182,500 0 2,123,626 1,040,048 580,000 580,000 135,819 459,931 161,000 127,273 ,142,000) 3,133,805 1,505,548 (SOQ000) 586,116 13,884 262,489 ,200,000) 854,000 ��753,400 823,657 735,853 5,615,000 502,823 3,389,308 1,717 847,245 3,291 685,356 5,537,070 (100,100) 2,144,017 2,968,968 148,256 367,975 1,551,273 4,598,703 443,694 1,294,677 Ordinance No.09- Page 7 of 7 COUNCIL MEETING DATE: ITEM �p .C� _.��,!�-�......_5..�..Z��U�...._..____....._............................._._.- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT 2010 Property Tax Levy POLICY QUESTION Should the City Council adopt the 2010 Property Tax Levy based on the proposed budget� COMMITTEE: NA CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: Bryant En�e, Financial Services Administrator ATTACHMENTS Draft 2010 Property Tax Levy Ordinance MEETING DATE: Vailous Public Hearing Other DEP'I': City Manager's Office SUMMARYBACKGROUND The City Council held public hearings on November 17 and December 1 on the proposed 2009/10 mid-biennium budget adjustments and 2010 proposed Property Tax Levy. The 2010 proposed Property Tax Levy is based on the 1% increase limit plus new construction. Based on preliminaryinformation from the King County Assessor, this would result in an increase in the tax rate from $0.97 to approximately $1.13 per $1,000 of assessed valuation. STAFF RECOMMENDATION Staff recommends Council approve the attached draft 2010 Property Tax Levy Ordinance. u•�~''► x''� CITY MANAGER APPROVAL N/A DIRECTOR APPROVAL N/A Committee Council Committee Council COMMITTEE RECOMMENDATION N/A PROPOSED COiJNCIL MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on December 1 S, 2009. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL 5t5 DENIED 1 reading �,2' TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/06/2006 RESOLUTION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF TI� CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2010. WHEREAS, the CiTy Council of the City of Federal Way has met and reviewed all revenue sources and examined all anticipated expenses and other obligations for the 2009/10 biennium; and WHEREAS the City Council, in the course of considering the biennium budget, conducted public hearings on November 17, 2009, and December 1, 2009 for the proposed property tax levy for 2010, and proposed revenues and expenditures for the biennium; and WHEREAS, major sources of revenue have dramatically decreased due to the economic climate; and WHEREAS, the Federal City Council finds there is a substan�ial need to invoke the levy limit for 2010 pursuant to RCW 84.55.101 in order to maintain basic services, discharge the expected expense and obligations of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Le�. There sha11 be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal regulaz property tax for the year 2010 for the purposes of paying expenses and discharge obligations of the City in the amount ofNine Million, Seven Hundred Dollars ($9,700,000). Ordi»ance No.09- Page 1 of 3 Rev 7/09 r- The levy amount includes (1) an increase in property tax revenue from the previous year of Seventy-three Thousand Six Hundred and Eight Dollars ($73,608) or point seventy-seven percent (0.77%), (2) new construction and improvements to property, (3) any increase in the value of state assessed property, and (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, 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 Ordina�rce No. 09- Page 2 of 3 Rev 7/09 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 09- Page 3 of 3 Rev 7/09 COUNCIL MEETING DATE: ITEM �e�enn.b.e_✓_I_�, ZD4� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NOTIFY THE SECRETARY OF STATE ABOUT THE CHANGE OF GOVERNMEIVT POLICY QUESTION SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE ACKNOWLEDGING TI�E CHANGE OF GOVERNMENT F'ROM NOI�iCHARTER COUNCIL- MANAGER UNDER CHAPTER 35A.13 RCW TO NONCHARTER MAYOR-COUNCIL UNDER CHAPTER 35A.12 RCW AND DIltECTING THE CITY CLERK TO FILE A CERTIFIED ORDINANCE WITH THE SECRETARY OF STATE? COMMITTEE N/A CATEGORY: 0 Consent City Counci! Business Ordinance Resolution MEETING DATE: Public Hearing Other STAFF REPORT BY: Pat Richardson Ci Attorne DEPT• Law Attachments: Proposed Ordinance Options Considered: I. Adopt the proposed ordinance. 2. Modify the proposed ordinance. STAFF RECOMMENDATION Optiou 1 CITY MANAGER APPROVAL: Committee COMMITTEE RECOMMENDATION: DIRECTOR APPROVAL: Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on the December 1 S, 2009 consent agenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): `7 move approval of the ordinance notify fhe Secretary of State of the change of government to noncharter Mayor-Council (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 'n APPROVED COUNCIL BILL 7 S� ��`i� 0 DENIED 1 reading 1•� TABLED/DEFERRED/NO ACTION Enactment readi� MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/O6/2006 RESOLUTION ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to establishing an effective date for the reorganization of the form of government to the mayor-council form of government under chapter 35A.12 RCW, and directing the city clerk to �le ordinance with the secretary of state. WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and WHEREAS, a petition sufficient in form and signatures was previously filed with the City Clerk of the City of Federal Way petitioning that the City of Federal Way abandon its Chapter 35A.13 RCW noncharter code city Council-Manager ("Council-Manager") form of government and reorganize as a Chapter 35A.12 RCW noncharter code city Mayor-Council ("Mayor-Council") form of government; and WHEREAS, pursuant to Resolution No. 09-554, the issue of reorganization was submitted to the registered voters of the City of Federal Way in a general election held on November 3, 2009; and WHEREAS, the King County Elections Office has certified the November 3, 2009, election results to the City of Federal Way showing that a majority of the votes casted were in favor of reorganization of the City of Federal Way as a Mayor-Council form of government; and WHEREAS, pursuant to said election results the City of Federal Way shall abandon its current Council-Manager form of government and reorganize as a Mayor-Council form of government as provided in RCW 35A.Q6.060 and shall hold municipal elections for a Mayor pursuant to RCW 35A.02.050; and Ordinance No.09- Page 1 of 4 WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of government shall not take effect until the election, qualification and assumption of office under RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and WHEREAS, pursuant to RCW 35A.02.040 the city council is required to adopt an ordinance providing for the reorganization of the municipal government under the new form of non-charter code form of government and the City Clerk is required to file with eh Secretary of State a certified copy of said ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIl�T AS FOLLOWS: Section 1. Reorganization as a Mavor-Council Form of Government. Upon the effective date of reorganization set forth below, the City of Federal Way does hereby abandon the RCW 35A.13 noncharter code city Council-Manger ("Council-Manager") form of government and does hereby reorganize as an RCW 35A.12 noncharter code city Mayor-Council ("Mayor-Council") form of government as set forth in RCW 35A.12.010 through RCW 35A.12.190, as now or hereafter amended. Section 2. Duties of the City Clerk. The City Clerk is directed to forward a certified copy of this ordinance to the Secretary of State pursuant to RCW 35A.02.040. Section 3. Schedulin� of Elections Pursuant to RCW 35A.02.050. The City Clerk is hereby directed to consult with the King County Elections office and provide information to the City Council on the dates for scheduling elections pursuant to RCW 35A.02.050 for a Mayor. Section 4. Effective Date of Reorganization as Mayor Council Form of Govemment. The reorganization of the City of Federal Way as a Mayor-Council form of government shall take effect Ordinance No.09- Page 2 of 4 upon the election, qualification and assumption of office under RCW 35A.02.050 of the Mayor under the Mayor-Council form of government. Section S. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. 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 correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereta Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force thirty (30) days from�and after its passage and publication, as provided by law. Ordinance No. 09- Page 3 of 4 PASSED by the City Council of the City of Federal Way this day of 200 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 COUNCIL: PUBLISHED: E�'FECTIVE DATE: ORDINANCE NO.: Ordinance No.09- Page 4 of 4 COUNCIL MEETING DATE: L�ertrrt�+er-�� p� _.c��ml�r.__1.5_�..20_.._..........__....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 6 SUB.TECT: VoiceStream PCS III Coi'poration (T-Mobile) Franchise Amendment POLICY QUESTION Should City Council approve an amendment to the VoiceStream PCS III Corporation (T-Mobile) Franchise Agreement? COMMITTEE Finance, Economic Development and Regional Affairs Committee CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: Marwan Salloum, P.E Public Works MEETING DATE: November 24, 2009 Public Hearing Other EP'1': Public Works Attachments: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated November 24, 2009. Options Considered: 1. Approve the Ordinance amending the VoiceStream PCS III Corporation (T-Mobile) Franchise Agreement and forward to the full council for first reading at the December 1, 2009 City Council meeting. 2. Do not approve the Ordinance and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the December l, 2009 Council Agenda for first readin�. .r� i��j�/h.y W'' /7� CITY MANAGER APPROVAL;�� DIRECTOR APPROVAL: __1��._ Committee Counc�l Committee Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the December l, 2009 Council Consent Agenda for first reading. Eric Faison, Member Dini Duclos. Member PROPOSED COUNCIL MOTION: l READING OF ORDINANCE (12/Ol/2009): "I move to forward the ordinance to a second reading for enactment on the December I5, 2009 Council Consent agenda. 2" READING OF ORDINANCE (12/15/2009) "1 move approval of the ordinance amending the YoiceStream PCS III Corporation (T-Mobile) Franchise (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL 5 DENIED 1 reading ��1 U 9_ TABLED/DEFERRED/NO AC'fION Enactment readi� MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/06l2006 RESOLUTION K:\council�agenda bills�2009\I2/01/�9 T-Mobile Franchise Amendmentdoc CITY OF FEDERAL WAY MEMORANDUM DATE: November 24, 2009 TO: Finance, Economic Development, and Regional Affairs Committee VIA: Brian Wilson, Interim City Manager FROM: Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: VoiceStream PCS III Corporation (T-Mobile) Franchise Amendment BACKGROUND VoiceStream PCS III Corporation (T-Mobile) has an existing non-exclusive site specific franchise for the purpose of installation, operation and repair of its wireless communications fixtures and related equipment on a Puget Sound Energy pole located within City right-of-way. Staff realized that T-Mobile has equipment on PSE poles at other locations that are not part of the T-Mobile Franchise Area. Therefore an amendment to the Franchise has been drafted to incorporate the new locations. See attached Exhibit A-1 for added locations. The basic terms of the existing franchise (Ordinance No. 03-447) will be unaffected, and its provisions will remain in full force and effect. As required in the franchise VoiceStream will maintain insurance of $5 Million combined single limit for commercial general liability and $5 Million for automobile. The Franchise also requires VoiceStream to post a bond in the amount of 120% of the value of the work to be performed, or in the alternative, VoiceStream may elect an Assignment of Funds or cash deposit, prior to commencing any work under the Franchise K:�FHSRAC (FEDRAC)�2009\1 I-24-09 VoiceStream (T-Mobile) Franchise Amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 03-447 AND THE NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO T-MOBILE WEST CORPORATION FORMERLY KNOWN AS VOICESTREAM PCS III CORPORATION, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES ACCESSORIES AND IMPROVEMENTS. WHEREAS, the City Council on July 15, 2003 adopted Ordinance No. 03-447, granting T-Mobile West Corporation, a Delaware corporation ("T-Mobile"), the successor in interest to VoiceStream PCS III Corporation, a franchise for placement of wireless transmitting facilities and related appurtenances in the City owned or controlled rights-of-way; and WHEREAS, T-Mobile and the City of Federal Way wish to amend the franchise adopted in Ordinance No. 03-447, to include that portion of the City owned or controlled rights-of-way located in the City of Federal Way and shown in Exhibit A-1 attached hereto (excluding privately owned property). WHEREAS, the City Council of Federal Way finds that it is in the public interest ta amend such franchise, in order to include the additional sites. WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and Ordinance No. 09- Page 1 of 6 Rev 7/09 WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment of Franchise Contained in Ordinance No. 03-447. A. Section 1.5 of Ordinance No. 03-447 is hereby amended to read as follows: 1.5 "Franchise Area" means only that portion of the City owned or controlled rights-of- way located in the City of Federal Way and shown in Exhibit A-1 attached hereto (excluding privately owned property), and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. Section 2. Acceptance by T-Mobile. T-Mobile shall have no rights nor shall T-Mobile be bound by the terms and conditions of this ordinance unless T-Mobile files with the City its written acceptance of the terms and conditions of this ordinance. Section 3 Remainder of Franchise Ordinance Unaffected. Except as amended in Section 1 above, the remainder of Ordinance No. 03-447 sha11 be unaffected, and its provisions shall remain in full force and effect. Section 4. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, Ordinance No.09- Page 2 of 6 Rev 7/09 sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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 correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 200_. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No.09- Page 3 of 6 Rev 7/09 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 09- Page 4 of 6 Rev 7/09 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the Franchise as amended above, and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained above and in Ordinance No. 03-447. DATED this day of 2009. T-MOBILE WEST CORPORATION By: Kautilya Landba Area Director, Engineering and Operations Ordinance No.09- Page S of 6 Rev 7/09 EXHIBIT A-1 (SEE ATTACHED MAPS) Ordinance No. 09- Page 6 of 6 Rev 7/09 I 7'-Mobile Federal Way Redondo #1527 0 CONTACTS T—MOBILE Steve Caplon 19807 North Creek Porkwoy Bothell, WA 98011 425.398.7611 (Office) TURNKEY TELECOM Jeff Smith 22011 Parodise Lake Road Snohomish, Woshington 98296 206.947.6785 (Mobile) 360.668.9329 (Fax) turnkeytelecom�msn,com S17E INDEX 1/7 COVER SHEET/PROJECT LOCATION 2/7 PLAN VIEW A, 3/7 PI.AN VIEW B 4/7 PLAN VIEW C 5/7 PLAN VIEW 0 6/7 SITE PHOTOGRAPHS 7/7 STANDARD DETAILS AND SPECIFICATIONS ti �i z N m u r� Q O n L c� a c C r 0 N o Em C o0 g b s� J C a ro p u\ e U o az i� Q p Y L I O Q� g� u— Y E� Y Y� U O O i o o P� g� U TL.IRl�1 KEY f E L E C M Sheet: 1/7 SITE LOCATION i r i., �v��l CONSTRUCTION NOTES: O iNSTAII NEW DOWN GW AT UtILITY POIE LOCATION. O 100' Of (1) FlBER CABLE COIL AT EX�Si1NG UT�U7Y ROLE /312789-t63393 IEFI' BY AERIAI CONTRACTOR. O INSTALL (1) 2"s RISER PER DETAIL ON SHEEi 7/7 AND PUIL (1} FlBER CABLE TMROUCH. O TRENCH UNpER GR455 nREA PER DETAIL ON SNEET 7/7. INSTAU. (1) 2"O SCH 40 PVC CONDUIT WITH (1) FlBER CABIE FROM PROPOSED (1) 2"o RISER AT UTILITY POt,E LOCAi10N 70 PROPOSED RlH CROSS CONNECT BO%. R�SER UP S' w�Thi (1) 2"s GALVnNREO STEEL CONOU�T. SO INSTALL (1) 6"%6"XB" IANDSCAPE TIMBER WOOD- POST PER CI?Y OF FEDERAL WAY REOUIREMENTS. INSTALL (1) 18"X18"X12' RlH CROSS CONNEC7 BOX ANO PULL (1) FIBER CABLE THROUGH. O RISER DOWN 5' WITH (1) 2"0 GALVANiZEO STEEL CONDUIT O AND TRENCH UNOER CRnSS AREA PER DETNL ON SHEET 7/7. INSTALL (1) 2"0 SCH 40 PVC CONDUIT WITH (1) FIBER CABLE BE rH EEN PROPOSED RLH CROSS CONNECT BOX AND PEDESTA� 70 BE LEFT BY CONTRACTOR. O INSTQL NEW AERIA.L STRAND ANU LASH (1) FIBER CABLE. STA 0+00 IS NORTH AT ?HE INTERSECTION OF s. 29an+ sr, nrio �eiH nvE. soun+ POWER WAiER GAS-OIL r' S70RM COMMUNICATIONS F.tit". SEwER PROPOSEO bCISTING UTIUTIES EXISTING UTIUTIES SHOWN ON THE PLANS HAVE BEEN PIOTTEO FROM THE BEST INFOMATIQN P LAN V I E W A RESPOS�NU �N�THE OR NO CAIL 7iiE i ES�UNDERGROUND EON E T� AT BOO.�s24�.55°r5. �ER SHEfT 6/7�COR SI t PHO OGRMHS. 0 Nn N a� m u� 'a r a� a o C i C Q Y �0 e u m C o E i Y O Y 4 R'i C yi �y a V a�Z o 0 a 8 L �y o �i 'L LL' r E� Q w C� w LL o 'a o o� V Tuw�.r �Y 7 E L E C O n4 Sheet: 2 /I 1w C 18TH A VE. SO UTH 3 N K �W -i- ---t5 F -"----F- LLJ N .Y' F�BE^Cn8 N o p Q or+ oN 156' pp OH OH V V i R��, vpE rq; MOVE EXISTINC 37275�-i6336 CAN DOWN iROM SECOMw�tv x9'6' 23'2' TO 22'10'. lM1rt 36'Y �}l�}5_�6}Jg CANDOWN T-uo�U t�'�o' uca+wm ts'r 21'8" i0 20'9". urv s2.io_ i-M091LE 21'9' CONSTRUCTION NOTES: O] INSTAIL NEW AERUL SiRANO ANO LASH (1� FIBER CABLE. STA 0+00 IS NORTN AT-THE INtERSECTION OF S. 288TH 5T. AND 18TH AVE. SOUTH ExISiINC UOUTIES E%ISTING UTIUTIES SHOWN ON THE PUNS HAVE BEEN PIOTTED FROM THE 8E5T INFOMATION PLAN EW B RES o s;,ow ON�THE OR NOT�. CALL THE� T�HES�UNDR R U 0 LOCA CENiER AT 800.�124� 5 5HE7HER POWER WAT�R GAS-OIL'� STORM C01�1MUt.I1CAT10N5 SEWER PROPOSED SYMBOI CORRESRONOS TO PHOTO LOCATIONS AND ORIENTA710N. SEE SHEE7 6/7 FOR SITE PNOTOCRAPNS. r y�. 0 od M1 N a� m e� p an �k g a, w '0 i C s' co O t m o c E i o 0 LL 4 r b' J� J a U 9� 0 5 I� 6Z n o 9 i y 0 Q� 5 N a Q N vN 3 Y W �Q a�i cv O U W O W LL a O P� U ruRC�r KEY T C• L E C O T�1 Sheet: 3/7 1::.: �.,.._.R W I: M 18TH A VE. SOUTH w W 3 I_ O (1) FIBER C�BLE F 100 T- (D STORAGE iv 152' OH R 62 G g 8 R w i 3 MOVE E%ISTING pp�E r� $TA 20+00-r� CAN DOWN iROM }72J2�-163S9I `f R W 21'S� TO 20�1�. SIAC-2a95 'I SECONOMY� t7'o' �ro�r :s 1-u081LE It't' GiV IO't' PMONE 1B'f• j Z2� C I U I I 1 CONSTRUCTION NOTES: O INStALL NEW DOWN GUY AT UTILITY POIE LOCATION. O INSiALL (1) 2'o RISER PER DETAI� ON SHEEt 7/7 ANb PULL (1) F18ER CABIE THROUGH. INSiALI NEW AERIAL STRAND M7D USN (1) FIBER CABLE• O 100' OF (1) FIBER CABLE C01� Ai EXISTINC U7111TY POLE p372718-163391 IEFT BY�AERIAL CONTRACTOR. O �RENCH UNQER CkASS AREA PER DETAIL ON SHEEi 7/7. INSUIL (1) 2"0 SCH 40 PVC CONDUIT WITH (1) FIBER CABLE. 7RENCH UNDER CRAVEL ROAD PER DEfAl1, ON SHEEi 7/7. INSTALL (1) 2"0 SCH 40 PVC CONDUIT WITH (1) f18ER CABLE. J MATCH 'C TO SHEET 5/7 57A 0+00 IS NORTN A1 THE INTERSECTION OF 5. 288TH Si. AND 18TH AVE. SOU7H d N n N a N m t!� �`o. r Y� p a n S° a a z L. Z' fC F o E o o$ LL 4� oJ� J N ;o j a�Z i� c o I d N a� Q 3 ..Q L V O U W w LL �o a ?z $i' U rur�v �Y T E L E C O �I Sheek 4/7 POWER',� WATER GAS-OIL STORM COMMUNICFTIONS �;ii'n'�.' SEw:R PROPOSEO SYMBOI CORRESPONDS TO PHOTO (tt 1 LOCATIONS AND ORIENTATION. SEE ti� $MEET 6�) FOR SITE PHOTOGRAPHS. EXISiINC U11UtiE5 E%ISTINC UTIUTIES SHOWN ON THE PUNS HAVE BEEN PIOTTED FROM THE BES7 INFOMATION PLAN VIEW C RES OS OWN ON�tHE OR NOi�CALL tHE CTIES�UN�RCROUND OCA710N�CENT�EROR'S BP 05 �HETHER l CONSTRUCTION NOTES: TRENCH UNOER GRASS AREA PER DETNL ON SHEET 7/7. 9 INSTAII (1) 2"� SCM 40 PVC CONDUIT WIiH (1) FIBER C.�BLE. RISER UP 5' TO PROPOSED RlH CROSS CONNEC7 BO% ON E%ISTINC H-FRAME INSIDE SHELTER WITH (1) 2"0 CAIVANIZED STEEL CONDUR, PULL (1) FlBER CABLE THROUCH. INSTALI (1) 16 RLH CROSS CONNECT BO% ON I E%ISTNC H-FRAME. tERMINATE FIBER CABLE PER T-MOBILE SPECIFICATIONS. $TA 0+00 IS NORiH pi iHE INTERSECiION OF S. 288tH ST, AND 18TH AVE. SOUtH i:-:::;-.;- i�� -r- i R/{y �,.�.�,1� J S 293RD ST K f r G I N f 5 f .._._---.235.....------.�. j PLAN VIEW D EXiSTMG UTiUT1E5 EXISTING UflUTIES SHOWN ON iHE PLANS HAVE BEEN PLOTTED FROM iHE BEST iNFOMATION AVNUBLE TO THE DES�GNER. nCCURACY ANO COMPIETENESS ARE NOT CUnRAN?EED. ii SHALL BE THE CUNTR�CTOR'S RESPONSIBIIIi'/ TO IOCATE ANY EXISTINC UTILIilES, WHICH MAY CONFLICT WITH THE CONTRACTOR'S OPERATIDN, WHETHER SHOWN ON THE PtANS OR NOT. CALI THE UTILITIES UNDERCROUNO LOCA710N CEN7ER Ai 1.800.42�.5555. W W a U I F g POWER waTER Gn5-04 STORM CGM�IUMICATION$ SEWER PROPOSEO SYMBOL CORRESPONDS TO PHOTO IOCAnONS AND ORIEFlTATION. SEE SHEET 6/� fOR SITE PNOTOGRAPHS. 1 i��i N A O A 1` t" y a o0 a c 0 u m o C o 0 LL. 4 g,' tF= C J a o O ��Z iN a n o w o N v Q L z a N �0 3 O r LL F- v c a� T E L E C�, O NI SAeat: 5/7 SITE PHOTOC�RAPHS PHOTO k1 PROPOSED A@RIAI R ��C�(\ '}�0 PHOTO.#2 PROPOSED AERIAL AREA PHOTO A'7 S 'Z`� 3""� O N NN a� m ��a�': e— «R p an 80 a c O co 0 o$ o0 LL 4� o�i J a yo U ai Do u o I L N II\ 4 4 1 �L a Q �y 9 Z �S Y Y�U O o LL o a U Turu�r �Y T E L@ C O M Sheet: 6/7 NE310MTON STA DETAILS AND SPECIFICATIONS E%IS11N0 AER41 STR,WD Cy�� fl IMC VL 4 I NtllfS Y ��_pOSj�BER 6'10 1'-0'BELOW 1EL N1RF3 TM FOR 70. RISER dISiWO EUIIf14C�LLM T. H�CKi1LL CO4PACI 6 T i1�qA�m[ o�oi9�m Y M% Id ur�ac��n sraaw�r rx �s on i tx+. ROPOSEO fAN,DUIf /SPMA�.T CONCREiC (3'�4M.� 11EPIACEMENT PATCM TO BE 1 TMICKfR T1W/ PNMp35LY IX�SIINC �A HUMP 11�t UNE CUT TpP 6' 0< <%.l -eaw�c?Eo t0 YSx tra�t. CAUTION: GLL BEfORE r0U Oi6. BURIED UM1TE5 E1GST W TME M(j1 AND MUtt INFOqA4TpN SMONR! ANY NOt BF COMPLETE. CAU. UTl11Y LOCATE SERNCE A AIMIWM Oi a8 HOURS PRqR TO CONSfRUCiIOM. GENERAL NOTES: DRAN7NC5 ME NOT TO BE SGlEO, WPoiTEN DiMEN510N5 TAKE PRECEDENCE, M10 2Mi5 SEt Oi GLANS IS �MENDEO TO BE USED FOR DIACRIA�MA71C PURPOSES ONLY, UN�($$ /qTEO OiNERW15E. TXE OENERA�. CONfRAC�OR'S SCOPE DI NORN SMALL INCLUOE NRNI9NNC ALL A4ITEIIYIS, EONPMENT, IABOR, ANO �MwO ELSE OEEMED NECEgSYn t0 COMW.ETE iN5TNU71p�5 A5 OESCmBED NERpN. DETNLS INCLUDED NEREIN ME �MENOEG 10 SNOW END qE4ULT OF OESM.N. MINOR YppIFIUTION$ WY BE qEOUIRED TO SUR JOB CONOITWHS OR SttWiqN4. ur0 SUCH yOWiIG7tON5 SW�LL 8E iNCWDEO �5 PMi 0� 1HE SCORE OO�wOqK. SITE WORK: ILL SR( WppK SW1LL BE /S INDIGtED ON THE OPAW41G4 INC STIPUUiEO 1N TXE SFEC�G110M VRPIECt SUMM+A1'. RUBBISX, STU4P5. DEBR�3. STICMS. S10NE4 AND OTMER RENSE Sw�ll BE RE40VE0 iROM 7NE SRE ANO WSVOSFA OF LEGALI,Y. Nl pqSnNO ACTNE 9E'MEN. W�TER, GS, ELEC111iC, ANO 01MER U�MIF$ NNERE ENCWNTERED iN TNE WORK, SW1ll BE PpOTECtED A7 ALL 114F5. ANO WNERE�REOURED �9R TNE PRpP(R ptECUTpN OF TX[ fYpRl(, 91N1� REIpCATED AS OIRECiEO 8Y ENpNEERS. ExiRFYE G4lnON SWUtA BE USEO W niE CONiMCTOR w1�N E1tGVAlIN6 OR OR4UN0 N+OUNO OR NEAR uTtrtiEg. COMAACiOR 51NL1 PRONDE SAiEtt 7RNNY10 tpt TME wOqKMC CREW. •LL pf�STING R61�1NE gE%ER, WRfR, 6�5, ELECTHIC IND OMC UTUnES 'M�aCH iNTERFExE M1N 7HE E%ECU1roN Oi 1HE wORK, Swll BE REwOVEO NID SIW.1, BE CAPED� PLUCGFA OR OTX[qWlSE W$�ONTINUED AT PdM4 WMI�H Nlu 11pT INTE¢I[R[ WI1N TME E%ECUiION 0� iNE NOMK, SUBJECt 70 iNE APPRWI!1 Of ENGmEERiNC. Y u C N N a'�i m r- o a� 8 0 4. C O o N G .`s `f' V .�3 iN az p 'u u I W Q N V W D Q Y p �J N 'a w O C W C LL o �Y F- O TURN KEY T fi L E C O M Sheet: 7�7 POLE RISER DETAIL 4INIMUII TPFER LENCT4 (L) IN fEEf PwteC SpseO (mp�) T5 30 }S 40 IS SO SS 80 85 70 4e•; 10 105 150 305 1E5 �50 S00 SSO 115 163 125 295 4B5 SSO 605 680 �Z �25 i80 2�5 320 S�0 800 660 720 780 840 BufiER MTA BUFFER SPACE B SPEED (MPH) t5 30 75 s0 /S SO SS 60 65 70 IENGiH (iEE1) 55 BS 1P0 t70 P20 4BD 375 4t5 a85 S85 PROTECiNE VEMICLE ROLL NiFAO DISiAN�E R• VEHICLE �ICtE POSfED STATONARY tYPE �GM SPEED OPEP.�TON (lB5) (A1PX) (iFE'f) eo-�o ioo r D Yl.OW SO-SS 73 •VALUES IMY DUMG TRUCK 50 BE REDUCED IN ACCORDANCE 2 TON ISO WITH 71M USE. CARGO iRUCK 15 50-85 100 4p 75 1 TON BO-70 20D GRGO iRUCK 50-SS 15D aS ta0 ROLL ANEN SfOPPING DISTANCE ASSUNES DRY P�V[MEM 11U RECOMMEN�ED LEGEND: b SIGN LOCATON-TRIPOD MOUHfED 7EMPORNtY TRIFiIC COMROL OMCES PROTECTN[ YFIII�LE (NM1IEN SCEGflEO IN COMRAC� r+ iUGCER PEDESTRIANS MUST BE ACCOMMODATED 7HROUGH WOFtK XONE. TRAFFIC CONTROL GENERAL NOTES: T1E fAl!lRACTOR i5 �DVISED T1NT ALL WlF CLOSURES SH�LL BE NE� 10 AIINIMUM, ppOTEtTIVE VE1iICLE RECOYMENDED-MAY BE A WORK VEHICIE. tOCAL JURIS��TIONS WILL APPROVE ON�Y TNOSE IANE AND NOAOM'AY CLp5URE4 DEfERMINED t0 BE NECESSAR`I fOR TFIE CONTRACTOR TO ACCOAIPLISN A SVECIfIC 4. CONfACt REGION TRAiFiG OiiICE STAiP FOR WORK NOURS. TASK. NO UNE OR ROADWAY CLOSURES WILL BE PERMIRED WRHOU� PRIOR EXfEND DCVILE 1�PER ACRO55 SHOULDER. APGROV�LS. 7HE COMRACTOR SFUII KEEP ALL TRAiFIG UNES IJJD SHOULDERS CLGR Of SNOULO N0T ENCROACN IMO ADJACEM lANES. EOUIPMEM INO MATERMLS DURING NON-WORKING MOURS. EOUIPMEM M10 MAtERV1S S. PCMS RECOMMENOED. SMnLL NOT BE 5TORED ON TnE STREEfS. iNE COMqACTOR'S EuPLAYEES AND AGENTS 6. USE iRANSVERSE DENCES IN CLOSED LANE EVERY 1000'k. SMALL NOT %JM PRN�TE VENICLES ALONC TXE ROM'NAY OR MEDIW. 7, TRKFIC WEI'! ORUMS RECOMMENDFA FOR iREEWA� USE (M LNE OF TNE COMRACiORS Wlll FROVIDE ASSISTAN4E i0R iRiVi7C iHR0U0M I�LLEY, ME CGNF9). LOMRACTORS WILL COORDIW�TE /�LLEY CLOSURE WRH BUIIDING OWNERS AND N071F'� e. 7R�FIC SIONS WILL BE 36'. THE (iRE DEPARfMEM. CWINNEU2ING UEVICE SPApNG (FEET) 1IPH iMER iANCEM 50/�o to eo SS/43 30 80 25/10 ..20 40 TRAFFIC CONTROL PLAN TYPICAL SHOULbER CLOSURE FOR TWO-WAY ROADWAYS I i i �-OZM NNOM 4VOL x S-liM N I I 1 I 1�� j �TV I r �J I I �`V I sIf I 1 I i I I I A'. I I I y Z N a� m o a r v� Q a n M O O L Q p, 2 O c v v u m' o C c c o0 O U �N C �N a o m v °3 I ry d Z Q O d I O pc u ng W Z 4/ O 'o p 1 Y W O .n U Z T a V 1'"' o U Pg LL O o N 1' l.l T E Sheet: 1/1 i I t�R�WWG INDEX DESGRIPTION NO. a-I GOVER 9NEET .o-I SPEUFICATIONS A-3 S�TE PLAN A-4 COMI°OUND LAYOUT 4-5 SOUtHEABT ELEvATION 4-6 EOUIPMENT DEtAILB A•� GIVIL DETAILS I A-1A GIVIL DETAILS II RF-I RF DETAILS I RF-I DETAI�B II 5-I StRUCTtIRAL DETAILS 5-2 EQUIPMEN7 LAt'pU7 5-1A CONCRETE PAD AND RETGINING Wl.1lL �ETAILS S-3 IWOD RENCE DEIAILS 5-4 ANTENNA MOUNT 180METRIC E-I ELEGTR�CAL BITE PLGN E•2 ELEGTRIGAL DETAILB I E•3 ELEGTRIGAL DET.atL9 II E-4 SITE GROUND�NG LAYpUT E•5 GROUND�NG DE7At1.5 I E•6 GRAUNDING DEiAIL$ 11 E-� TYpICAL GROUND�NG CONNECTIONS 9U-1 SURvEv LI LdNSCCPE PIAN Z 4 4 I I z 2 I 7 4 7 Z Z 7 2 7 7 1 7 2 2 �'r��r O v�c �c�►� Global Wireless by •Mobile BUENNA SE4692D PROJEGTBUMMAR7 s�re wyeew 61TE NMIl. &T! 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CITY OF FEDERAL WAY CITY CQUNCIL AGENDA BILL SUBJECT Claims Against the City�Code Update POLICY QUESTION Should the City Council amend the City Code to comply with new State Law specifying the necessary information and format for a claim for damages against the City? COMMITTEE Finance, Economic Development Regional Affairs CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: Pat Richardson Cit� Attorney DEPT: Law Background: The Federal Way Revised Code (FWRC) sets forth requirements for notify the City of a claim for damages. Recently the State Legislature modified the State Law specifying the necessary infor►nation and format for a claim for damages. It would be in the best interest of citizens to modify the FWRC to comply with State Law. Attachments: Proposed Ordinance Options Considered: N/A STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL:,L� MEETING DATE Nov. 24 2009 Public Hearing Other /�i Council COMMTTTEE RECOMMENDATION: Committee Memher 1 READING OF ORDINANCE (DATE) I move to forward the ordinance to a second reading for enactment on the December 1 S, 2009, consent agenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): move approval of the Ordinance. TO BE COMPLETED BY CITY CLERXS COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) REVISED 02/06/2006 K:�agenda item\counci1�2009\claims code update agenda bill APPROVAL: I�A1� Committee ouncil COUNCIL BILL #i 1 reading Enactment reading ORDINANCE RESOLUTION r PROPOSED COUNCIL MOTION(S): ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to claims against the city; amending FWRC 1.20. (Amending Ordinance No. 91-88) WHEREAS, the Federal Way Revised Code ("FWRC")1.20 sets forth the requirements for notifying the City of a claim for damages; and WHEREAS, the Washington State Legislature modified State Law specifying the necessary information and format for a claim for damages; and WHEREAS, the City Council of Federal Way finds it in the best interest of the citizens to modify the Federal Way Revised Code to comply with State Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 1.20 is hereby amended to read as follows: 1.20.010 Notice of claim. No action for monetary damages against the city shall be commenced uritil a written claim for damages has been properly presented and filed with the city clerk's office on a form provided by the clerk. The claim must specify the name of the claimant,L date of birth; contact information; description of conduct that brought about the injury or damage; description of injury or damage; statement of time and place that the injury or damage occurred; list of names of al persons involved and contact information, if known; statement of the amount of damages claim; and statement of actual residence of the claimant at the time of presenting the claim and at the time the claim arose, Ordinance No.09- Page 1 of 4 i-� All claims must be notarized and signed by� the claimant verifying the claim, (2) a person with power of attorney for the claimant, (3) by the attorney in fact for the claimant, (4) an attorney licensed to practice in Washington on behalf of the claimant, or (5) by a court-approved guardian or guardian ad litem on behalf of the claimant prior to filing the claim for damages with the city clerk. (Ord. No. 91-88, 2, 2-19-9L Code 2001 2-156.) 1.20.020 Distribution, review of claim. Once the claim is properly filed with the city clerk, it shall be distributed to the city manager, �sg �e� appropriate department directors and the city attorney. As necessary, the city attorney �i��gs�e� shall coordinate further distribution and review. (Ord. No. 91-88, 3, 2-19-9L Code 2001 2-157.) 1.20.030 Statute of limitations. A lawsuit based upon the allegations of a claim for damages may not be instituted against the city within 60 days of the filing of such claim, �=^*h;r r°ri^� ^f *;m°. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period has elapsed. Ordinance No.09- Page 2 of 4 (Ord. No. 91-88, 4, 2-19-91. Code 2001 2-158.) Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. 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 correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification_ Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, JACK DOVEY Ordinance No. 09- Page 3 of 4 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: 09- Ordinance No. 09- Page 4 of 4 �nnn 'i�,.0 l��' COUNCIL MEETING DATE: 4- ITEM C� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Declaration of Substantial Need POLICY QUESTION Should the City Council declare substantiat need for the 2010 property ta� COMMITTEE: NA CATEGORY: Consent City Council Business MEETING DATE: Various Ordinance Public Hearing Resolution n Other STAFF REPORT BY: Br Financial Services Administrator/� 'v DEPT Office ATTACHMENTS Draft 2010 Substantial Need Ordinance SUMMARYBACKGROUND The state statute limits property tax levy to the lesser of implicit price deflator (IPD) or 1%. The July 2009 IPD is -0.848 percent and the limit factor is 99.152 percent meaning the taxes levied in the City of Federal Way in 2009 for collection in 2010 will decrease by $170,000 from our 2010 current budget. Major revenue sources have dramatically decreased due to the economic climate and the City previously reduced General Fund expenditures by $1.8M and the proposed revised budget includes an additional reduction of.$860K. The state statute provides for a finding of substantial need where limiting property tax levy to IPD would impair the City's ability to meet current service levels. STAFF RECOMMENDATION Staff recommends Council approve the attached draft 2010 Declaration of Substantial Need Ordinance. CITY MANAGER APPROVAL N/A DIRECTOR APPROVAL N/A Committee Council Committee Council COMMITTEE RECOMMENDATION N/A PROPOSED COiJNCIL MOTION: I move the proposed ordinance to second reading and approval at the next regular meeting on December 1 S, 2009. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL 5 I DENIED l reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVIS� 02/06/2006 RESOLiTTION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR FOR THE PROPERTY TAX LEVY FOR 2010. WHEREAS, RC W 84.5 5.010 provides that a taxing jurisdiction may levy t�es in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts resulting from new construction and improvements to property, newly constructed wind turbines, and any increase in the value of state-assessed utility property; WHEREAS, under RCW 84.55.005(2)(c), the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation; WHEREAS, RCW 84.55.005(1) defines "inflation" as the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent 12-month period by the Bureau of Economic Analysis ofthe federal Department of Commerce in September of the year before the taxes are payable; WHEREAS, "inflation" for July 2009 is -0.848 percent and the limit factor is 99.152 percent, meaning the taxes levied in the City of Federal Way in 20Q9 for collection in 2010 will decrease except for the amounts resulting from new construction and improvements to property, newly constructed wind turbines, and any increase in the value of state-assessed utility property; WHEREAS, RCW 84.55.0101 provides for use of a limit factor of l01 percent or less with a finding of substantial need by a majority plus one councilmembers; WHEREAS, major revenue sources have dramatically decreased due to the economic Ordinance No.09- Page 1 of 3 climate; the City previously reduced 2010 General Fund expenditures by $1.8 million and the proposed revised 2010 budget includes an additional reduction of $860 thousand; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A finding is made of substantial need under RCW 84.55.0101, which authorizes the use of a limit factor of 101 percent for the property tax levy for 2010. Section 2. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to ma.ke necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of Ordinance No.09- Page 2 of 3 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 COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No.09- Page 3 of 3 COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM �Q SUBJECT: RESOLUTION TO ADOPT POLICY PROHIBITING GENDER DISCRIMINATION IN COMMUNITY ATHLETICS PROGRAMS �5�� 5G7� 1 lV POLICY QUESTION: SHOULD THE CITY COUNCIL ADOPT A POLICY PROHIBITING GENDER DISCRIMINATION IN COMMUNITY ATHLETIC PROGRAMS? COMMITTEE PRHS&PS CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE: December 8, 2009 Public Hearing Other STAFF REPORT BY: 70HN HUTTON, RECREATION SUPERVISOR DEPT PRCS Background: In 2009 the State Legislature enacted Engrossed Substitute Senate Bill 5967 prohibiting unfair pracrices in public athletic programs by barring discrimination on the basis of sex. This law: 1) Prohibits gender discrimination in the operation of community athletics programs; 2) Prohibits gender discrimination by a third party receiving a lease or permit from the City for a community athletic program (e.g. sports field rental); 3) Requires the City to adopt a non-discrimination policy by January 1, 2010; 4) Requires the City to assign employees responsible for compliance; 5) Requires tlie City to publish and disseminate the policy. The Parks, Recreation, and Cultural Services Department currently administers programs, activities and facility allocations in a non-discriminatory manner. The City, however, has not published a policy specifically prohibiting gender discrimination in our athletic programs. Adopting the proposed Non-Discrimination in Community Athletics Programs Policy would satisfy the legal requirements of ESSB 5967 and would promote equal access to community athletic programs by reinforcing current non-discriminatory practices. Attachments: Proposed resolution adopting a non-discrimination in community athletics programs policy and ESSB 5967. Options Considered: 1. Approve the proposed resolution to adopt a policy prohibiting gender discrimination in community athletics programs. 2. Modify the proposed resolution. 3. Reject the proposed resolution. STAFF RECOMMENDATION Approve Option 1 CITY MANAGER APPROVAL:��✓�� y/��I�DIRECTOR APPROVAL: C� Cormnittee Council Comnvttee C� COMMITTEE RECOMMENDATION: Committee Member PROPOSED COUNCiL MOTION `7 move approval of Option 1 approvin� r�solution to adopt a policy prohibiting gender discrimination in community athletics programs. v (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1sT reading TABLEDNEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Adopting a Policy Prohibiting Gender Discrimination in Community Athletics Programs WHEREAS, in 2009 the State Legislature enacted Engrossed Substitute Senate Bill (ESSB) 5967 prohibiting unfair practices in public athletic programs by barring discrimination on the basis of sex; and WHEREAS, ESSB 5967 prohibits gender discrimination in the operation of community athletics programs, prohibits gender discrimination by a third party receiving a lease or permit frorn the City for a community athletic program (e.g. sports field rental), requires the City to adopt a non- discrimination poiicy by January 1, 2010, requires the City to assign employees responsible for compliance, and requires the City to publish and disseminate the policy; and WHEREAS, the Parks, Recreation and Cultural Services Department currently administers programs, activities and facility allocations in a non-discriminatory manner; and WHEREAS, the City has not published a policy specifically prohibiting gender discrimination in our athletic programs; and WHEREAS, adopting the attached Non-Discrimination in Community Athletics Programs policy would satisfy the legal requirements of ESSB 5967 and would promote equal access to community athletic programs by reinforcing current non-discrirninatory practices; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Resolution No.09- Page 1 of 3 Rev 3/09 Section l. The Non-Discrimination in Community Athletics Programs Policy ("Policy") attached hereto as Exhibit A and incorporated by this reference is hereby adopted. This Policy is to be disseminated as required by ESSB 5967 no later than January l, 2010. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY Resolution No.09- Page 2 of 3 Rev 3/09 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:�resolution�2009�non-discriminarion in community athletics programs policy Resolution No.09- Page 3 of 3 Rev 3/09 Exhibit A CI'i'lf (?f �!Irw t NON-DISCRIMINATION IN COMMUNITY ATHLETIC PROGRAMS Pu rpose To establish policy and procedure to provide equal access to public community athletic programs and sports facilities by prohibiting discrimination on the basis of sex. Policv: The City of Federal Way does not discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletic programs or sports facilities. Definitions Community Athletic Programs Any athletic program that is organized for the purposes of training for and engaging in athletic activity and competition that is in any way operated, conducted, administered or supported by the City of Federal Way. Sports Facilities Any property owned, operated or administered by the City for the purposes of training for and engaging in athletic activity and competition. Procedures 1. Community Athletic Programs administered by the City's Parks and Recreation Department will be operated in a manner that promotes equal opportunities for females and males. 2. The City Parks and Recreation Department will allocate and schedule Sports Facilities in a manner that provides equal access to all Community Athletic Programs. 3. The City will not issue a lease or permit for use of any Sports Facility to a third party that discriminates against any person on the basis of sex in the operation, conduct or administration of a Community Athletic Program. 4. This policy will be posted on the City website, along with the name, office address and office telephone number of any employee responsible for cairying out compliance with this policy. 5. This policy, and the name, office address and office telephone number of any employee responsible for carrying out compliance with this policy will be included in all City publications that contain information about athletic programs or facilities operated or administered by the City. Reuorting: Any citizen who feels she or he has been the victim of discriminatory treatment in violation of this policy should report this concern to the Parks Director, the Community Center Supervisor, or the Recreation Supervisor for appropriate investigation. (Attachment A) Exhibit A ATTACHMENT A Emplovees Responsible for Carrving Out Compliance Doug Nelson Community Center Supervisor Federal Way Community Center PO Box 9718 Federal Way, WA 98063-9718 253-835-6930 John Hutton Recreation Supervisor Federal Way Community Center PO Box 9718 Federal Way, WA 98063-9718 253-835-6928 Cary M. Roe Parks Director Federal Way City Hall PO Box 9718 Federal Way, WA 98063-9718 253-835-6901 ENGROSSED SU�STITUTE SENATE BILL 5967 AS AMENDED BY THE HOUSE 1 2 3 4 5 6 7 Passed Legislature 2009 Regular Session State of Washington 6Zst Legislature 2009 Regular Session By Senate Government Operations Elections (originally sponsored by Senators Kohl-Welles, Fairley, Fraser, McAuliffe, and Kline3 READ FIRST TIME 02/24/09. AN ACT Relating to prohibiting unfair practices in public community athletics programs by prohibiting discrimination on the basis of sex; adding new sections to chapter 49.60 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 36.68 RCW; adding a new section to chapter 36.69 RCW; and creating a new section. 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 9 10 11 12 13 14 15 16 17 18 19 NEW SECTION. Sec. 1. The legislature finds and declares: On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educatian program or activity receiving Federal financial assistance...." TitZe IX has expanded opportunities for males as well as females in educational programs and activities, ensuring access to athletic opportunities for girls and women in educational institutions and to male and female staff to coaching and athletics p. 1 ESSB 5967.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 administrative positions in educational institutions_ The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will participate_ Further, ensuring equality in the state of Washington, the legislature passed an amendment to the state Constitution, ratified by the voters in November 1972, providing ��Equality of rights and responsibilities under the 1aw shall not be denied or abridged on account of sex.�� In I975, Washington continued to be at the forefront of this issue by adopting legislation that established our own statutory version of the federal Title IX law that prohibited "inequality in the educational opportunities afforded women and girls at� all levels of the public schools in Washington state." Athletic opportunities provide innumerable benefits to participants, including greater academic success, better physical and psychological health, responsible social behaviors, and enYianced interpersonal skills. Athletic scholarships make it possible for some young people to attend college. The Washington state legislature, recognizing the importance of full participation in athletics, has passed numerous bills directed at achieving equity and eliminating discrimination in intercollegiate athletics in the state's institutions of.higher education. Despite advances in educational settings and efforts by some local agencies to expand opportunities in community athletics programs, discrimination still exists that limits these opportunities. It is the intent of the legislature to expand and support equal participation in athletics programs, and provide all sports programs equal access to facilities administered by cities, towns, counties, metropolitan park districts, park and recreation service areas, or park and recreation districts. Nothing in this act is intended to affect the holding in the Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d 859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable to discriminate in contact sports on the basis of sex. 35 NEW SECTION. Sec. 2. (1) No city, town, count,y, or district may 36 discriminate against any person on the basis of sex in the operation, 37 conduct, or administration of community athletics programs for youth or ESSB 5967.PL p. 2 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 adults. A third party receiving a lease or permit from a city, town, county, district, or a school district, for a community athletics program also may not discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults. (2) The definitions in this subsection apply throughout this section. (a) "Community athletics program" means any athletic program that is organized for the purposes of training for and engaging in athletic activity and competition and that is in any way operated, conducted, administered, or supported by a city, town, county, district, or school district other than those offered by the school and created solely for the students by the school. (b) "District" means any metropolitan park district, park and recreation service area, or park and recreation district. NEW_SECTION. Sec. 3. (1) By January 1, 2010, each city, town, county, or district operating a community athletics program or issuing permission to a third party for.the operation of such program on its facilities shall adopt a policy that specifically prohibits discrimination against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults. (2) It is the responsibility of each city, town, county, or district operating a community athletics program or issuing permission to a third party for the operation of such program on its facilities to publish and disseminate this policy. At a minimum, the nondiscrimination policy should be included in any publication that includes information about the entity's own athletics programs, or about obtaining a permit for operating athletics programs and on the appropriate city, town, county, or district web site. (3} School districts issuing permission to a third party for the operation of a community athletics program on its facilities shall also follow the provisions of this section but may modify and use existing school district policies and procedures to the extent that is possible. Nothing in this saction may be construed to require school districts to r monitor compliance, investigate complaints, or otherwise enforce school district policies as to third parties using school district facilities. p. 3 ESSB 5967,PL 1 (4) Every city, town, county, or district covered by this section 2 should also publish the name, office address, and office telephone 3 number af the employee or employees responsible for its efforts to 4 comply with and carry out its responsibilities under this act. 5 NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW 6 to read as follows: 7 The antidiscrimination provisions of section 2 of this act apply to 8 community athletics programs and facilities operated, conducted, or 9 administered by a city or town. 10 NEW SECTION. 3ec. 5. A new section is added to chapter 35.61 RCW 11 to read as follows: 12 The antidiscrimination provisions of section 2 of this act apply to 13 community athletics programs and facilities operated, conducted, or 14 administered by a metropolitan park district. 15 NEW SECTION. Sec. 6. A new section is added to chapter 35A.21 RCW 16 to read as folZows: 17 The antidiscrimination provisions of section 2 of this act apply to 18 community athletics programs and facilities operated, conducted, or 19 administered by a code city. 20 NEW SECTION. Sec. 7. A new section is added to chapter 36.01 RCW 21 to read as folZows: 22 The antidiscrimination provisions of section 2 of this act apply to 23 community athletics programs and facilities operated, conducted, or 24 administered by a county. 25 NEW SECTION_ Sec. 8. A new section is added to chapter 36.68 RCW 26 to read as follows: 27 The antidiscrimination provisions of section 2 of this act apply to 28 community athletics programs and facilities operated, eonducted, or 29 administered by a park and recreation service area. 30 NEW SECTION. Sec. 9. A new section is added tc� chapter 36.69 RCW 31 to read as follows: ESSB 5967.PL p. 4 1 The antidiscrimination provisions of section 2 of this act apply to 2 community athletics programs and facilities operated, conducted, or 3 administered by a park and recreation district_ 4 NEW SECTION. Sec. 10. Sections 2 and 3 of this act are each added 5 to chapter 49.60 RCW. END r p. 5 ESSB 5967.PL COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL ITEM LP I AGENDA BILL SUBJECT: SPRINT/NEXTEL SITE LEASE RENEWAL SACAJAWEA PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT? COMMITTEE: PARKS RECREATION PUBLIC SAFETY CATEGORY: Consent City Council Business STAFF REPORT BY: PATRICIA RICHARDSON Ordinance 0 Resolution MEETING DATE: 12/8/2009 Public Hearing Other DEPT: Law Nextel West Corp entered into a Lease Agreement with the City on December 28, 1999 for installation and operation of certain equipment on City owned land located at Sacajawea Park for use in connection with its wireless telephone communications service. The 1999 Lease Agreement provided for rental fees in the amount of $975.00 per month with a 4% increase each year. In 2004, the contract was extended for an additional 5 year term and in 2005 an amendment was executed to add additional lease space. The lease will expire on December 28, 2009 and Nextel has requested to renew the lease for an additional five-year term pursuant to the terms of the lease. During negotiation of the Amendment, the City requested that the rental fees increase to $2,249.73 with a 4% increase each year throughout the term. Options Considered: 1. Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. 2. Reiect the lease renewal. STAFF REGOMMENDATION Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. CITY 1VIANAGER APPROVAL: I�/� 1 n p� l�" Committee Cc COMMITTEE RECOMMENDATION: i DIRECTOR APPROVAL: Committee C� (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ALTION: APPROVED COUNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment reading MdVED TO SEGOND READING (ordinances only) ORDINANCE REVISED 02/O6/2006 RESOLUTIOPI YROPOSED COUNCIL MOTION "1 move approva[ of Uptton SECOND AMENDMENT TO LEASE AGREEMENT FOR NEXTEL WEST CORP (AG 00-00� This Second Amendment to Site Lease Agreement ("Amendment") is da.ted effective this day of 2009, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Nextel West Corp, a Delaware corporation, ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective December 28, 1999, as amended by First Amendment dated September 30, 2005, whereby the City agreed to lease to Nextel West Corp, as Tenant, a portion of the space on and air-space above the City Property ("Lease"). B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. C. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional five (5) years. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: 1. Term. Pursuant to Section 4 of the Lease, the Lease shall be renewed for an additional five (5) year term commencing on December 28, 2009, and expiring December 27, 2014, unless renewed pursuant to the terms of the Lease. 3. Rent. Tenant shall pay to the city rental fees in the amount of $2,249.73 per month, due on the 5�' of each month. The Rent shall be increased by four percent (4%) per year throughout the term of the lease. 1 Site ID: WA0226-A 4. Notices. Section 16 of the Lease shall be amended to change the notices addresses for the City and Tenant as follows: If to City: City Attorney P.O. Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 With a copy to: City Manager PO Box 9718 33325 Eighth Avenue South Federal Way, WA 98063 If to Tenant: Sprint Nextel Property Services Mailstop: KSOPHTO101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 with a copy to: Sprint Nextel Law Department Mailstop KSOPHTO101-Z2020 6391 Sprint Parkway Overland Park, KS 66251-2020 Attn: Real Esta.te Attorney 5. Full Force and Effect. All other terms and conditions of the Lease not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY ATTEST: Carol McNeilly, CMC, City Clerk 2 Brian Wilson, Interim City Manager PO Box 9718 Federal Way, WA 98063-9718 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney Site ID: WA0226-A COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL MEETING DATE: December 7, 2009 SUBJECT: 20"' Place SW Emergency Slide Repair— Project Acceptance and Retainage Refease POLICY QUESTION Should the Council accept the 20"' Place SW Emergency Stide Repair Project conshvcted by Gary Harper Construction, Inc. as complete? COMMITTEE Land LJse and Transportation Cocnmittee CATEGORY: Consent City Councit Business Ordinance Resolution TTEM Public Hearing Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Pubiic Wo rks Director'j�DEPT: Public Worics Attachmeats: Land Use and Transportation Committee memorandum dated December 7, 2009. Options Considered: 1. Authorize final acceptance of the South 20`� P(ace SW Emergency S(ide Repair Project'constructed by Gary Harper Construction, Inc., in the amount of $189,864.60 as compiete. 2. Do not authorize final acceptance of the cocnpleted 20 Place SW Emergency Slide Repair Project constructed by Gary Harper Construction, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: _�,J+ c�«� APPROVAL: co� C�MMITTEE RECOMMENDATION For�vard Option i to the December 15, 2009 Council Consent Agenda for approval. Dini Duclos, Member (BELOR'TO BE COMPLETED BYCITYCLERKS OFF[CE) COUNC[L ACTIOiV: APPROVED COUNC(L B[LL DENIED I sr TABLED/DEFERftED1lY0 ACTIOIY ��t ��nb MOVED TO SECOND READING (ordirta�es only) ORDINANCE �t REVISED 02/()6/2006 RESOLUTIOIV PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the South 20` Place SW Emergency Slide Repair Project constructed by Gary Harper Construction, Inc., in the amount of �189,864.60 as complete. CITY OF FEDERAL WAY MEMORANDUM DATE: December 7, 2009 TO: Land Use and Transportation Committee VIA: Brian Wilson, Interim City Manager Marwan Salloum, P.E., Deputy Public Works Director John Muikey, P.E., Street Systems Project Engineer SUBJECT: South 20�' Place SW Emergency Slide Repair Project— Project Acceptance and Retainage Releas� Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Gary Harper Construction is compiete. The final construction contract amount is $189,864.60. This is $28,340.40 below the $218,205.00 (inciuding contingency) budget that was approved by the City Council on August 4, 2409. K:�IUTC�2U04\12-07-09 20th Place SW Emergency Slide Repair Project Project Aaeptance.doc COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM LQ, K SUB.rECI': 2010 Street Sweeping Services Contract Bid Award PO[.[C1' QuEST[Olv_ Should the Councii award the 2010 Street Sweeping Service Contract to the lowest responsive, responsibte bidder? Co1►►�[�MrrrEE: Land Use and Transportation Committee CATEGORY: Consent C�ty Couacil Business STAFF REPORT BY: Marwan Salioum, P Ordinance Resolution putv Public Works ME�'rt1vG DATE: De�ember 7, 2009 Public Hearing Other DEeT: Public Works ATTACHMEMfS: Memorandum to the Land Use and Transportation Committee dated December 7, 2009. OPTIONS CONSIDERED: l. Award the 2010 Street Sweeping Services Contract to Action Services Cotporation, the lowest responsive, responsible bidder in the amount of $96,95b.50 and authorize the transfer of $1,852.00 from unatlocated Surface Water Funds to this iine item budget and authorize the City Manager to execute the contract. 2. Reduce the Street Sweeping scope of service that will totat to $1,852.00 and award the 2010 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 RECOMMENDATION: Staff recommends Option 1 be forwarded to the December 15, 2009 City Councii Consent Agenda for approvaL CITY MANAGER APPROVAL: 11 1a Committee Conncil DIRECTOR APPROVAL: Council COMMITTEE RECOMMENDATION Forward the above staff recommendation to the December 15, 2009 City Council Consent A�enda for approval. Linda Koc�mar, Chair Member Dini Duclos, Member PROPOSED COUiVCIL MOTION "1 move to award the 2010 Street Sweeping Services Contract to .4ction Services Corporation, the lowest responsive, resporrsible bidder in the amount of $96, 956_�0 and authorize the transfer of $1,852.00 from unallocated Surjace Water Funds to this line item budget and authorize the Ciry Manager to execute the conlract. (BELOW TO B6 COMPLETED BYC[TYCLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCILBiLLIt DEMED l readiog TABLED/DEFERRED/NO ACfION Eescdneet readiag MOVED TO SECOND READING (ordinances only) ORDINANCE #t REVISED 0?J06J2006 RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: TO: December 7, 2009 Land Use and Transportation Committee VIAs Brian Wi(son, Interim City Manager FROM: Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: 2010 Street Sweeping Services Contract Bid Award BACKGROUND 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 Action Services Corporation Osaka Garden, Inc. McDonough Sons, Inc. KLB Construction, Inc. Avaiiabte Budget Amount Bid Amoant $96,956.50 t 04,799.49 $130,804.48 $232745.22 595,105.00 The lowest responsive, responsible bidder is Action Services Corporation with a total bid of $96,95b.50. The amount avaiiable in the 2010 budget for this service is $95,105.00. 'The 2009 contract amount was $90,16838. This project has a short fali of $1,851.50. With this budget short fall the two options before the cortmittee and council are as follow: l. Should additional budget be allocated 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 avaitabie budget? To reduce the services to meet the avaitab(e budget, the emergency call out hours can be reduced from 200 hours to 125 hours. K:�LUfC�2009\12-07-09 2010 Street SweEping Service Sid award.doc 2010 3TREE7 3WEEPlNG SERVICES RFB No. 09•106 Bid 0 enin Date: November 2S. 2008 Bfd 1 B Z d 1 Id 4 Vsndor N�rtr Aetlon 3eWcea Cory. Otak� Oarden, Inc. McDonouph 6 Son I�. KLB Conswaion, �na. LocrNon BnmsAon, WA Sealtl�, WA R�ven�da�a, WA Mukiluo, WA Cost p�r Cort p�r N Tim� par Cost per Ce�tpar rim� por Cmt p�r Co�t p�r Tim� Cost per Cost per N Tima Itam Amoun Unit Mil� S In Ynr Tot�t Con MiN Swae in Yaar� Toa� Cast Mib SwN M r Y�v Toal Cost Mlb Sv� In er Yau Tolal Cost 7 MajorArtsriaiSfrosro 23.24 Milea f18.75 �1,732.95 14 S75,B81.30 585.21 E1,283.08 14 577,983.13 f88.15 31,583.81 11 Z22,173.28 t173.50 34,032.14 11 558,449.98 2 MinorMerialStroett D.35 Miles 542.00 =392.�0� 14 55,497.80 545.74 5427.87 14 f8,987.37 SSD.00 5542.80 14 57,592.20 SBB.60 i828.41 74 511,59)J4 3 ColkmorAnenale 50.41 MAei f42.00 i2,177.22 /4 529,641.08 545.25 E2,2B1.05 14 531,934.74 558.00 E2,923.7E 74 540,932.92 E76A0 33,838.20 74 553,706.81 �4 SlateRoutss 74.04 Mlles 342.00 t589.68 1< 38,255.52 f50:77 31t2.81 /4 f9,979.35 558.00 581�.32 74 i71,400.48 S27Y.85 f2,98B.11 14 Z41,837.80 5 R�sldsnUal9trests tIB.e4 Mllee S44.W 56,540.78 5 332,700.80 545.88 58,788.90 5 589.931.57 558.00 t9,821.t2 5 543,105.80 SSZ68 58,870.58 6 542,852.91 Tobl Buic Annu�l Bid t91,i68.60 i99,7Y9:09 i126,20�.�a 5208,146.22 a Emeryenoy Cail oul 200 Houn 525.00 55,000.00 EY5.00 55,000.00 328.00 =5,600.00 5131.50 i28,300.00 O l P A 968�.60 t 9 1� OA,4! 7�2,7�S.2t Bid Signature YES YES YES YES Bid Bantl YES YES YES YES Combined AKdavit and CsnilloaUOn Form YE3 YES YE3 YES Contraaar� Compi��na Staromem YE3 YES YES YE3 P�p� 1 of 1 COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUBJECT Pacific Highway South HOV Lanes Phase IV Project {S 312�` Street to Dash Point Road) PSE Gas Joint Construction Agreement Po[.ICY QUESTION: Shou(d the Council authorize the City Manager to execute the PSE Gas Joint Construction Agreement? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resolufion STA REP BY: Brian Roberts, P.E., Str Attachments: MEETING DATE: December 7, 2U09 Public Hearing Other DEPT: Public Works Memorandum to Land Use and Transportation Committee dated Deceinber 7, 2009. Options C�nsidered: 1. 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. STAEF RECOMMENDATION Staff recommends forwarding Option 1 to the December 15, 2009 City Council Consent Agenda for approvaL CITY MANAGER APPROVAL: L<��.'�Il+� �al a 1 DIRECTOR APPROVAL: G'�� Committee Councii COMMITTEE RECOMMENDATION Cornmittee recommends forwarding the above staff recommendation to the December 15, 2009 City Council Consent Agen approvaL Linda Koc ar, Chair im rreil, Member Dini Duclos, Member PROPOSED COUNCIL MOTION "I move to authorize the City Manager t� execute the PSE Gas Joint Construction Agreement for the Pacific Highway South HOY Lanes Phase IY Project (S 312` Street to Dash Point Road)_ (BELOW TO BE COMPLETED BYC/TYCLERRS OFFICE) COUNC[L ACT10N: APPROVED COUNCiL B[LL q DENIED TASLED/DEFERRED/NO ACT[OiV Eaaactmeet rnding 0 MOVED 7'O SECOND READING {ordinances orrlyJ ORDINANCE M REVtSED-0?J062006 RESOLUTION CITY OF FEDERAL WAY MEMORANDUM DATE: December 7, 2009 TO: Land Use and Transportation Committee VIp; Brian Wilson, In#erim City Manager FROM• Marwan Salioum, P.E., Deputy Pubiic Works Direct Brian Roberts, P.E., Street Systems Project Engin SUBJE Pacific Highway South HOV Lanes Phase N Proj 312` Street to Dash Point Road) PSE Gas Joint Construction Agreement 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 consoiidating driveways where possible. One additional major purpose of the project is to underground overhead utilities, typically into a joint utility trench. Puget Sound Energy currently ho(ds a franchise for natural gas facilities within the City of Federal Way. To avoid conflicts with Phase IV facilities, PSE is required to retocate some of its gas mains. As part of the reiocation of underground facilities, the City requires all utitities to remove abandoned underground pipe. PSE has noted that removal of abandoned gas mains and the following pavement restoration within the project limits will prolong pubiic disntption and the duration of lane closures beyond what is needed to merely 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 Contractor after traffic lanes have been ternporarily shifted away from the work zone. No pavement restoration will be required because traffic will not be driving within the work zone until paving associated with the road widening is performed. This arrangement will minimize the public inconvenience of lane closures associated with the pipe removal and pavement restoration otherwise required. PSE benefits by reducing its costs for removal 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 roadvs+ay. The total estimated cost which the City will bitl to PSE per this Joint Construction Agreement is appro�cimately $90,000.00. The attached Joint Construction Agreement shows the methodology used to calculate the reimbursement owed Federal Way. JOINT CONSTRUCTiON AGREEMENT BETWEEN THE ClTY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE PACIFIC HIGHWAY SOUTH HOV LQNES PHASE N PROJECT (SOUTH 312TH STREET TO DASH POINT ROAD) THIS AGREEMENT is made and en#ered into this day of 2009, by and between the City of Federal Way (hereinafter "City") and Puget Sound Energy (hereinafter "PSE"), coilectively refierred #o herein as the `Parties". V1�-IEREAS, the City proposes to proceed w+th the Pacific Highway South HOV Lanes Phase IV Project (South 312th Street to Dash Point Road) (hereinafter "Projecf'); and WFIEREAS, PSE provides natural gas service in #he general area o# the Project in accordance with applicable Washington State and City of Federal Way laws, regutations and franchises; and WHEREAS, in connection wi#h the roadway improvements being undertaken by the Ciry, PSE wiN be required to relocate certain gas mains in conflict with project facilities within the Project area; and WHEREAS, PSE can achieve cost savings and other benefits in #he public's interest by contracting with the City to perform ce�tain services for PSE as described in Exhibit A, including letting a public works construction contract for the removal of the obsofete gas mains in conflict wi#h the Project (hereinafter "PSE Work"), providing construction management senrices, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as foliows: GAS MAIN RELOCATION. PSE agrees that its design contracto�, Pilchuck, inc., shall perform predesigNdesign and construction wotic for the relocation of its facilities that are in conflic# with Project facilities. PSE shall provide the City a11 drawings necessary to acquire a right of way permit and relocate its gas mains out of the conflic# zones. PSE shall provide as-constructed record drawings of both tfie relocated mains and the obsolete mains within 60 days of completion of PSE Work. PSE shall provide preliminary location data within one week of Agreement execution. The record drawings shal! show the vertical and horizontal loca#ion of the relocated and obsolete facilities within the Project area using a minimum scale of one inch equals one hundred feet {1 "=100'), measured from ttte cente�tine of the right of way, of a form which shall be acceptable to the City. I1. BIDDING RND CONSTRUCTION FOR OBSOLETE MA1N REMOVAL It is the in#ention of the City and PSE that PSE records o# the obsoiete mains shall be incorpo�ated into the Contract Bid Documents for the Project in such manner as to aliow ident�cation of the PSE Work to be performed on behaifi of, and billed to PSE. Pac+fc Highway South HOV Lanes Phase IV Page 1 Nrn+ember 2009 Iil. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Wor1c. In p�oviding such services, the City Public Works Director and/or his or her designee may exercise aA the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Directar andJor his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shali notify the City, in writing, of any changes it wishes to make in the plans and specifica#ions which affect the PSE Worlc, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approvai of such changes. PSE's approval shall no# be unreasonabty withheld. PSE shail be responsible for al1 cos#s incurred by the City, directiy or indirectly, as a result of changes to the PSE Work that are �equested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City forall cos#s incurred by the City in performing #he PSE Worlc, which costs shaA include but are not timited to the PSE Work perFormed by the Project contractor(s), aA PSE requested changes, and PSE's cost of the City services described in Paragraph II I(a) herei�, al! as more particularly described in Exhibit A. B. All 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 billed 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 City agrees to indemni#y and hold PSE, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and alt attomey fees) to or by any and al! persons or entities, including, without limi�ation, their respective agents, licensees, or representatives, arising or resuiting #rom, 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 #his Agreement. B. PSE agrees to indemnify and hold the City, i#s elected officials, officers, emptoyees and agents harmless from any and ail ciaims, 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 representatives, arising or resulting from, or cannected with, this Agreement to the extent caused by #he negiigent 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 expiration or termination. Vi. DURATION. This agreement shall be in full force and effect from the date of signature by ail Parties to ihe date the City comple#es the Final Inspection upon completion of #he Project and may be extended for additional penods of time upon mutual written agreement of the City and PSE. Pacific Highway South HOV lanes Phase IV Page 2 November 2009 Vil. OTHER PROViSIONS. A. Upon compie#ion of the constn+ction and City's acceptance of the Project as fully constructed according ta plans, specifications and change o�ders, the City sfiall provide a finai invoice to PSE fior any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes ali prior discussions between them, with regard to the City's performance of the PSE Work. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any ftanchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. Any provision of this Agreement, which is dedared invalid, void or illegai shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shalt remain in full force and effect. IN CONSIDERATION of the mutual t�nefi# accnaing herein, the Parties hereto agree that the work, as set forth herein, wilt be per#ormed by the City under the terms of this Agreement. 1N WlTNESS WHEREOF the Parties here#o have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAI WAY Brian Wilson, lnterim City Manager 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-240i PUGET SOUND ENERGY Doug Corbin, Municipai Uaison Manager 6905 South 228ih Street SKGSVC Kent, WA 98032 (253) 395-6867 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Caro! McNeiNy, CMC, Ci#y C{erk APPROVED AS TO FORM: Puget Sound Energy Genera! Counsel Pacific Highway South HOV Lanes Phase 1V Page 3 November 20(�9 Exhibit A Estimated Costs Pacific Highway South HOV Lanes Phase IV ESTIMATED COIVSTRUCTION, PROJECT ADM/NISTRATION AN� CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING PUGET SOUND ENERGY GAS OBSOLETE UT1LlTY REMOVAL AND VALVE COVER ADJUSTMENTS Estimated Design Cost (KPG, inc.) $2,600.00 Construction item Mobilization Traffic Cantroi Supenrisor Flaggers and Spotters Other Temporary Tra#fic Control Sequential Arrow Sign Remove Gas Main Adjust Gas Utility Valve to Grade Gravel Bc�rrow CSBC Temporary Pavement Construction Subtotal Quantity 2% 30 30 3% 3� 3840 95 260 0 0 Unit HR HR LS HR LF EA CY TN TN Unit Price $75U,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 $950.00 $30,720.00 $5,250_00 $4,160.00 $0.00 $0.00 10% Construction Contingency 12.5% Construction Management Estimated Construction Total Estimated Project Total (Design Construction) 5% Project administration Project Tota! $66,020.00 $6,602.00 $8,252.50 $80,874.50 $83,474.50. $4,043.73 $87,518.23 NOTES **Mobilization =(Projed Mob X(Gas Main Removal and Disposal Bid CosUProject Bid Cost Mob)) "'Other Temporary Traffic Control =(10 working days 340 working days) **Remove Gas Main includes excavation, removal and disposal of pipe and badcfill with original trench backfill if approved. *"Gravel Borrow is required if Engineer determines that conditions make original trench backfiil unsuitable or badcfi8 does not meet compadion requirements. "*Gravel SorrOW 10% (0.67 CY X L.F) "Costs presented are estimates only. Actual field measured quantities and unit bid prices of contrad awarded to lowest responsive responsible bidder will be Used to calculate final cost of Puget Sound Energ�s reimbursement to tfie City. K:ISTREETSPROJECTS1SR99 Phase 1V1UfititieslPSEIGasUoint Construdion Agreemeni PSE Gas.doc Padfic Highway South HOV Lanes Phase iV Page 4 November 2009 COUNCIL MEETING DATE: December 15, 2fl09 CITY COUNCIL AGENDA BILL ITEM SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (S 312 Street to Dash Point Road) Comcast Joint C Letter of Understanding PO[.�CY QUESTION: Should the Council authorize the City Manager to execute the Comcast Joint Construction Letter of Understanding? COMMII"fEE Land Use and Transportation Committee CATEGORY: Consent City Councit Business STAFF REPORT BY: Btian R+ Attachments: Ordinance Resolution CITY OF FEDERAL WAY P.E.. Street MEETING DATE: December 7, 2009 Pubtic Hearing Other DEPT: Public Works Memoranducn 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 N 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 staf� 5TAFF RECOMMENDATION Staff recommends forwarding Option 1 to the December 15, 2009 City Cauncil Consent Agenda for approval. w CITYMANAGERAPPROVAL:;}.�/.//�..� �DIRECTORAPPROVAL:� Committee Council mm�ttee Council COMMITTEE RECOMMEPIDATION: Committee recommends forwazding the above staff recommendation to the (BELOW TO SE COMPLETED BYClTYCLERKS OFFICE) COUNCIL ACTION: APPROVED COl1NCiL B[LL DEN[ED 1 readiog TABLEWDEFERREDJNO ACTION Eeacdneat readiag 0 MOVED TO SECOND READING (ordinances onlyJ ORDiNANCE REV[SED-02/Q6/2006 RESOLUTiON 3� PROPOSED COUNCIL MOTION "I move to authorize the City Manager to execute 1he Comcast Joint Construction Letter of Understanding for the Pacific Highway South HOY Lanes Phase I[� Project (S 312` Street to Dash Point Road). CITY OF FEDERAL WAY MEMORANDUM DATE: December 2009 TO: Land Use and Transportation Committee yIA; Brian Wilson, Interim City Manager Marwan Salloum, P.E., Deputy Pubiic Works Direc Brian Roberts, P.E., Street Systems Project Engin r SUB.TECT• Pacific Highway South HOV Lanes Phase IV Proje (S 312` Street to Dash Point Rouc� Comcast Joint Construction Letter of Understanding BACKGROUND: 1'he 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 consoiidating driveways where possible. One additionai major purpose of the project is to underground overhead utilities, typically in#o a joint utility trench. Comcast currently holds a franchise for cable television facilities within the City of Federai Way. Under the terms of Ordinance No. 06-524, if the Ciry charges Comcast for use of a provided trench, Comcast sha(t participate in the joint trench portion of the project and pay the City a proportionate share of the trench costs, including but not iimited to, trench excavation, duct and vault insta(lation, trench bedding, backfill, and traffic control. The letter of understanding estimates the cost of Comcast's proportionate share of the joint uti(ity trench and associated construction costs. Comcast will also reimburse the City at unit rates established in Schedule "C" of the Pacific Highway South HOV Lanes Phase IV bid scheduie for alt conduit and vaults installed by the City's contractor. The xotat estimated cost which the City will bill to Comcast is approximately $200,000.00. T'he attached Joint Construction Letter of Understanding shows the methodoiogy used to calcu(ate the reimbursement owed Federal Way. After recording, retum to: City of Federai Way 33325 8�' Avenue S Federal Way, WA 98003 Atin: Brian Roberts LETTER OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND COMCAST CORPORATIOId FOR THE PACiFIC HIGHWAY SOUTH HOV LANES PHASE IV PROJECT (SOUTH 312TH STREET TO DASH POINT ROAD) THIS LETTER OF UIVDERSTANDING (this °LOi") is made and entered into this day of 2009, by and be#ween the City of Federai Way (hereinafter "City") 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 cable service in the general area of the Project in accordance with Franchise Q6-524, applicable Washington State and City of Federal Way laws, and regulations; and WHEREAS, in connection with the roadway improvements being undertaken by the City, Comcast wiii be �equired to relocate certain aerial facilities such as cables and poles in#o an underground duct and vauit system within the Project area; and WHEREAS, In accordance with the Federal Way Comcast Cabie Franchise Agreement, Ordinance No. 06-524, if the City charges Comcast for use of a provided trench, Comcast shall participate in #he joint trench portion of the project (the "Joint UtiGty Trench Work°) and pay the City a portion of the trench costs, including but no# limited to, trench bedding, backfili, and traffic control commensurate with Comcast's proportionate share of trench usage. NOW, THEREFORE, it is hereby agreed by and befinreen the Parties hereto as follows: PRECONSTRUCTlON ESTIMATE. Exhibit A is a good #aith project cost estimate for ComcasYs share of Joint U#ility Trench Work_ Cos#s are based on an engineer's estimate provided b� the City's design Paafic Nighway South tiOV Lanes Phase IV Page 1 2� consultant, KPG, inc. Exhibit B is a good faith totai project cost based on an estimate of Comcast's share of project administrative costs. il_ BlDD1NG AND CONSTRUCTION. A. It is the intention of the City and Comcast that Comcast plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such a manner as to aqov�r, to the extent possible, identification of cost allocations between the Parties. To ensure reasonable and balanced bids by potential contractors wi#hin the bidding process, the City agrees to maintain Comcast duct and vauit line items as a sepatate schedule. B. Fotlowing opening o# construction bids on the Project, Exhibits A and B will be updated by the City based on the bid responses submitted for Comcast Joint Utility Trench Work. Revised Exhibits A and B wili be provided to Comcast for its review. Within twenty days of receiving the bid prices, Comcast shall nofify the City in writing that Comcast approves #heir portion of the bid award plus administrative costs. Bid award shall be made to the lowest �esponsible bidder for the total Praject subject to applicable laws and regulations. 11i. CONTRACT ADMINISTRATION. A_ The City shall provide the necessary administrative, construction observation, and clerica! services necessary for the execution of the Project. In providing such services, the City Director of Parks, Pubiic Works, and Emergency Management and/or his or her designee may exercise a11 the powers and perForm all the du#ies vested by law in him or her. Comcast grants to the City Director of Parks, Public Works, and Emergency Management and/or his or her designee authority #o act on behalf of Comcas# sufficient to carry out the provisions of this Letter of Understanding. B. Comcas# sfiall notify the City, in writing, of any changes it wishes to make in the pians and specifications which affec# Comcast Joint Utility Trench Work, which changes shall be made, if feasible. The City sha8 notify Comcas#, in writing, of any changes required of the Joint Utility Trench Work and shall obtain Comcast's approval of such changes. Comcast's approval shall not be unreasonably withheld_ Comcast shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Comcast. IV. PAYMENT. A. Comcast shall reimburse the City for ali costs incurred by the City in performing the Joint Utility Trench Work, which costs shall include, but are not limited to, the Joint Utility Trench Work performed by the Project contractor(s), all Comcast requested changes, and Comcast's cost share of the City services described in Paragraph 111 {A) herein. B. All payments shall be due from Comcast to the Ci#y within forty five {45) days after receipt by Comcast of said sums billed to Comcast. Amounts unpaid after said due date shall accrue inferest at a rate of one (9) percent per month. Paafic Highway South HOV Lanes Phase IV Page 2 2� V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hoid Comcast, its officers, employees and agents harmiess from any and alt claims, demands, iosses, ac#ions and liabilities (including costs and all attomey fees) #o or by any and ali persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this LOl 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. Comcast agrees #o indemnify and hold the City, its elected o�cials, officers, employees and agents harmless from any and a11 elaims, demands, losses, actions and liabilities (including cos#s and aH attorney fees) to or by any and all persons or entities, inciuding, without limitation, their respective agents, licensees, or representatives, arising or resulting ftom, or connected with, this LOl to the ex#ent caused by the negligent acts, eROrs or omissions of Comcast, its agents or employees, or by Comcast's breach of this LOI. The provisions of this paragraph shall survive the expiration or termination of this LOi with respect to any event occurring prior to such expiration or termination. VI. DURATiON. This LOI shall be in full force and effect from the date of signature by at1 Parties to the date the City completes the Final lnspec#ion upon completion of the Project and may be extended for additionai periods of time upon mutual written agreement of•the City and Gomcast. Adherence to deadline dates is essential to the performance of this LOI. VII_ OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances refated thereto. B. Upon completion of the cons#ruction and Comcast's acceptance of the duct and vault system shall, in effect, t�ansfer ownership of the duct and vaui# sys#em to Comcast and Comcast shall tfiereafter be responsible for maintenance of such facilities. C. Comcast shall be required to obtain a Right of Way Permit to instaN cable in the new duct and vault system and to wreck out its obsolete aerial #aciiities. D. This LOI contains the entire written agreement of the Parties and supersedes a0 prior discussion. This LOI may be amended only in writing, signed by both Parties_ E. Any provision of this LOI, which is declared invaiid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other pcouisions shall remain in full fo�ce and effect. Pacific Highway South HOV Lanes Phase IV Page 3 2009 iN CONSIDERATiON of the mutuai benefit accnaing herein, the Parties hereto ag�ee that the work, as set forth herein, wilt be performed by the City under the tenns of this LOI. IN WlTNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year f+rst above written. CITY OF FEDERAL WAY Brian Wilson, Interim Ci#y Manager 33325 8th Avenue South PO Box 9798 Federal Way, WA 98063-9718 {253) 835-2401 COMCAST CORPORATION Ken Rhoades, Area Vice President 4020 Aubum Way N Aubum, WA 98002 (253) 288-7456 APPROVED AS TO FORM: Patricia A. Richa�dson, City Attorney ATTEST: Carol'McNe71y, CMC, City Clerlc Paafic iiighway South HOW Lanes Phase IV Page 4 2� Exhibit A Pacffic Highway South HOV Lanes Phase IV Jolnt Utility Trench Costs Utility Comcaat Comcaa� Comcesl Comcas� Comcast Comcasi Comcaal comcest Comcast Comcast Comcasi Comcesl Comcast Comcaet Comcaat Comcaat Gomcesl Comcaat Comcast Comcaet Comcut Comcast Comcaat Comceat Comcast Comcas! Comcett Comcaet Comcast Comcest Comceal camcas� Comcaet Comcesl Comcast comcaei Comcest Comcast Comcas� Gomcaa� comcas� Comcost Comcaat Comeut 8epin End PSE 2" PSE 4" PSE P3E 6' SWfbn Statlon ConduH Condult Spare 4" ConduH 220 300 300 460 �6050 6200 480 820 820 820 450 820 850 650 650 890 620 7'S0 750 890 980 B80 890 970 970 1120 1120 1120 69�5 8980 888tl 8916 »ao �soo i120 17B0 �oso »oo 7ioo �zoo 1150 1190 I�190 1366� 1365 1500 1500 1580 7580 �8)5 t675 7820 18T0 1800 eoso e�so 1900 2120 zrxo 2izo 2720 2330 2330 2400 9050 9130 2400 2480 9050 9080 9080 9240 .8950 9050 8900 8950 8800 8900 8850 8900 8�00 8850 2480 2520 2520 2876 2875 2850 Total M Tmal M PSE aweal Cmcst Conduit. Condult Shara Spare 4" 3' CFW 4" Thla in Tronch ol K ol Ye of Traific ot Sir Exa 6" Conduit CorMuil Conduit Utility Trench Ler�qth Trench MobilitaUon Confrol for U/G .2 �'.2 8 80 25°b $162.08 5599,98 �930.89 �2 �2 11 .160 18°G 5235.75 �5872:89 57,353.74. 0 1�� 156 OY.. 50.00 50.00 $0.00 2 2 12� 160 17% 5216.1D $�89.97 $i,Z4(1,92 7 1 5 100 20� E762.08 ��599,98 $930.68 o z ,�o o� ao.00 so.00 so.00 0 1 S6 0 $0.00 $0:00 $0.00 o aao o% Eo.00" so.00 $o.00 2 2 I1 130 19Y �$191,85 5709;06 51,099.91 a a 12 140 17% $189.09 5899.87 $1,085.81 1 1 5 90 20% $745�.87 5539.98 5837.82 2 2 14 80 13 $88:44 $318.99 $496.37 2 2 15 i50 13K,� 5762.08 $599.98� a930.68 7 1 12 86 8% 557.40 $212.49 $329.62 1 i 18 45 �8•/. $2028 575:00 5118-.34 0 5 35 -0 $0,00 $0.00 $0�.00 0 4 380 0 $0.00� $0.00 $0.00 9 3 30- �30 10% 524.31 590.00 $139.60 0 15 50 -0% 50.00 $0.00 $0.00 o x �oo o^,s ao.00 so.00 so.00 3 3 27 40� �17•/. $36:02 5133:33 S208b2 2 2. 12 175 17°b 5238.36 5874.88� Si,35728 2 2 12 135 1�% 5182.34� �874�.97.. �'$1,04).03 2 fl 12 B0� 1�%� 5108.05 5399.98`� 5620,46 2 2 13 95 �15N $118.44� S43B.44 5680.12 2 2 ta 145 14% $187.87 5827.40 5963:g3 �2 2�� 14 BO 74h 592.82 .5342.84 5537.82 o ,00 ox 30.0o sp.00 ao:oo 2 2 12 220� 17% 5297.74 51,098.96�: 57,7082� 1 1 5 110� 20X $17828 5659.97 51,023.78 2 2 15 210 73%. 5226.Di S83B.9� .�51�,302.97 o �z ro ov. so:oo ao.00 so.00 1 1 4 BO 25!6 $782.08 5589.98 5930.69 2 2 22 BO 8% 558.94 �5218.17 �$338,43 0 4 30 �0% t0.00 $0.00 $0.00 0 2 180 ox ao.00 ao.00� so ,00 �1� 1 25 .�100 4Y.� 532,42 t720.00 .S1B6,1♦ 0 28 SO OY. �50.00 50:00 f0�.00 0 1Y 60 0% 50.00 50:00 $0.00 0 tp 50 0!i 50.00 50.00 $0.00 0 3 150 0% 50:00 50.00 50�.00 ��2 2 18 40 ft:k 836.02 �5133.33 t206.82 2 2 11 155 18:ti .5228.38� 5845.42� St,311.43 2 �2 11 �275�� 18S E405d8 S7,4B9.84 52,328�.73 2: �2' .11. 95Q 19Y. 61:399.�8 �53:781.61 SB.037.80 MubIII:alton .(proJsct Mob X(U/Q Bld Co�VProbct Bld Cost Mob)) TraNk Control .(Totd TC& r TWaI Flappero d Spotters Other TC Labor Othar TC Control Sequantial Arcow Sipn)(Throuph January 2011 U3 Contluh sweept are not meeaured K:�3TREET3\PROJECTSkSR99 Phase IWUtBitiasUolnt Trenoh Coata Eetimata PMse IV S'. ot of Plt Y. ol Orevel Thormal Fl Y ol Y. ol Shori�q Run Sand Borrow BIP Y. oi CDF CSBC i 699.d1 5294,06 34Y1.88 5247,52� f17.33 54��.88 $144.01 5427;72� 5599.t0 $380.04 325�20 $65.29. ��50.00 50.00 50.00 SOAO $0.00 ..��50�.00� 5132.01 $392A8 $5$8:17 �,5330.03 $23;10� 359.85 399.OY 5294.OB $411.88 $24Z.52� .577.33 344�.88� 30.0o so.00 so.00 so:oa so.00 ao.oa 50.00 50.00 $Q.00 $0.00 50.00 '$0.00 ao.00 so.00 so.00 so.00 �.00 ao.00 5117.01 5347.52 5488�J7 S2B2.53 520.48 353.05 STi5.51, 3343.07 $486.53 5288.78 52021 $52.37 389: t t $264.85 $370.68 $222.77 $15.59 S4Q.40 552.81 s158,B3 5219�6� E132.01 $9,24 $23.84 899.01 �5�4.06 5411.88 $247,52 5f7.33 S4A.88 536.07 5104.15 Sta3.87 587.87 S8,1a $i5.80 St2.36 �36.78 551.49 $30.94 52.17 55.81 50.00 S0.00- �50,00 50.00 $0:00� 50.00 ao.00 ao.oa so.00 ao.00 so:oo so.00 $14.85 544:11 SBQ,78 S3i,13 52.80 SBJ3 Sa.00 ao.00 ao.00 ao.00 so.00 so.00 so.00 so.00 so.00 $o,00 so.00 so.00 522:00 $85,35 $91.53 555.0f $3,85 59.97 5744.39 ��5428.84 $800�.66 5360.97 Sz527 q86.48 5111.39 �5330.82 5483.37 3278.47. 519,48 550.80 568.01 �.5188.04 32�4:59 5183.�2 511.55 529.98. ZM.35 $21�499 ..�$300-.98 �6180.88� S12•SB �$32�.$0 5102.56 5304.56 5426.59 �f256.36 .31T.95�..�. $�6.49��'�. -558.68 5788:03. $235.36 81�41.44 ��..39:90. �326.85 ao.00 ao:oo so.00 so,00 to.00 so.00 'S16T.62 5534.11> S756A2 5463�.80� ��'381.77. 582.29 �S1G8.81� �923.a7 50.65.07 �S2>2.28�.� 31Q.06 348.37' St98.61 y111,88 5576.83 5348.63 52428.� �$82.84� so.00 so.00 ao.00 so,00 ao.00 so.00 599.01 519d.08 �5411.88 52�7.62 317.33 �544�.88 538.00 5108.93 5148:77 $90.01 58.30 Ei8�.32 E0.00 50.00 50.00 $0.00 30.00 50.00 ao.00 so.00 so.00 so.od so.00 so.00 518.80 358:81 S$2.38 548:50 53.47 a8.98 so.00 ao.ao so.00 so.aa so:oo so,00 so:oo so.ao so.00 ao:oo so:oo so.00 50:00 SU�.00 50.09 50.00 50.90 60�.00 40.00 $0.00 SO.QQ� {0,00 50.00 50,00 �322:00 ;85.35 $97.53� S55�Of a3.8S� $9.97 5739.51 5414�.38 �$580.38 3398J8� 524.41 S83�i26 5247.82 3736.16 �1,029J0 5818.8Y. 543.32. f11221 5855.09 52,538.80 53.637.18 52,139.74 5149.84 5387.84 Y ol HMA ol HMA /2" t" Notes 652.81 S4Q.50 S76�.81 $72.01 50.00 50.00 a70.41. 586.01 �$52,81 549.50 50.00 50.00 $0,00 $0.00 $0�00� $0.00 562.41 558.51 $61.81 55�.76 $47.52 $44.55 $28.18 $28.40 S52.Bt =48.50 518.70 $71.53 56,80 $6.19 so.00 ao.00 so.00 ao,00 5�.92 $1,43 ao.00 so.00 so.00 so.00 311.73 511.00 S72•01 S72J9 SS9.41 556.69 53620 533.00 938.59 536.78 �E54.88�: 551,27 530.77 528.29 $0.00 SU�00 396.81 S90J6 568:.09 554�.48 573.93. 569,31 50.00 60.00 552.87 yi9.50 518.20 518.00 S0.o0 80.00 $0:00 50.00 S1U.58 SB.90 to.00 so.00 so.00 ao.00 10�.00 50.00 so,ao so.oa Z11.73 511.00 574.41 S89J8 5132.01 1123.78 Pacific Highway South HOV Lanes Phase IV Page 5 2009 CtTY O€ �'ed�r�11�'��t' Pacific Highway South HOV Lanes Phase IV South 312th Street to Dash Point Road CatsbvcSon Cosf Estimate 1�90 Review SubmittaJ September 28, 2009 No. Sect ltem Exhibit A KPG «�rrLe -rncc+�a QtY Unit 1lnit Cost 7ata1 SCHEDULE C COMCAS7 UNDERGROUNDING C1 instap conduit, 3-k�cM Power �d Cortxmxication 7,900 lF S 6.00 S 47.400.U0 C2 Insta� Handholc 253TA 6 EA 5 400.00 E 2.400•00 C3 InstaU Handhde 3030LA 12 EA S �0.a0 S 2.400.00 Sutrtotal S S2,Zti0 SCHEDULE C- TOTAL ESTIMATED CONS'fRUCTiON COST 52,200 Pac�fic Highway South HOV Lanes Phase IV Fage fi 2� Exhibit B Estimated Costs Pacific Highway South HOV Lanes Phase IV South 31 Zti� Street to Dash Point Road ESTIMATED CONSTRUCTION, PROJECT ADM/NISTRATION AND CONSTRUCTlON MANAGEMENT COSTS FOR INCLUDING COMCAST JOINT U77L1TY TRENCH WORK ESTiMATED CONSTRUCTION COSTS Subtotal Construction Construction Confingency (10°l0 of Construction Cost) Construction Management (12.5% of Construction Cost) ESTIMATED TOTAL CONSTRUCTION COST Project Administration (5°!0 of Project Cost) TOTAL ESTIMATED COST $9 53,091.37 $15,309.94 $19,136.42 �187,536.93 �9,376.85 $196,913.77 Nate: The t0l will be amended upon receipt of the lowest responsible bid. Costs presented are estimates on1y. Actual costs incurred wili be used to calculate final cos# of Comcast Joint Utility Trench Wark for reimbursement to the Cify. K:ISTREETS�PROJECTS1SR99 Phase MUtili#ies\ComcastlLetter of Understanding.doc Pacific Highway South HOV Lanes Phase N Page 7 2009 COUNCIL MEETING DATE: December 1 S, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM lp- SUBJECT: King County RapidRide Agreements POLICY QUESTION Should City Council approve implementation and maintenance agreements for communications to support operation of A-Line RapidRide? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent City Council Business Ordinance Resolution I� Pnblic Hearing Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer__�____ DEPT: Public Works Attachments: l. Memo to Land Use and Transportation Committee dated December 7, 2009. 2. Agreement on the Design, Construction, Ownership, and Maintenance of the A-Line RapidRide Fiber Optic Projeet Between King County, City of SeaTac, City of Des Moines, City of Kent, and City of Federal Way 3_ Agreement between the City of Federal Way and King County for the Construction and Lnpiementation of Intelligent Transportation System Improvements to Support the A-Line Rapid Ride Project OQtions Consid�red: Authorize the City Manager to execute the attached agreements. Provide direction to staff o� modifying the attached agreements. STAFF RECOMMENDATION: Staff recommends Option i. CITY MANAGER APPROVAL: •liipr► ��I�DIRECTOR APPROVAL: Committee Councii COMMITTEE RECOMMENDATION Forward Option 1 to the December 15, 2009 City Council Consent Agenda far approval. Linda Kochfna,t, Chair im Fe[fell, Member Dini Ducios. Member �OPOSED COUNCIL MOTION "I move Yauthorize the City Manager to execute the attached agreements to provide for the design, construction, ownership, and maintenance of fiber-optic cable and associated Transit Signal Prioriry improvements for implementation of the A-Line Rapid Ride project. (BELOW TO BE COMPLETED BY CITY CLERI�S OFFICE) COUNCIL ACTION: 0 APPROVED COUNCIL BILL DENIED lsr reading TABLED/DEFERREDJNO ACTION Enac#meet readiug MOVED TO SECOND READ[NG (ordrnances only) ORDINANCE REVISED 02J06/2fl06 RESOLCR'ION f� MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY MEMORANDUM DATE: December 7, 2009 TO: Land Use Transportation Committee VIA: Brian Wilson, Interim City Manager FROM: Rick Perez, P.E., City Traffic Engineer �'yd" SUBJECT: I�ing County RapidRide Agreements BACKGROUND• As part of the TransitNow! Initiative approved by voters in 2007, King County will be implementing a Bus Rapid Transit system between Federal Way Transit Center and the Sound Transit Tukwila International Boulevazd Station in Tukwila in 2010. This system, dubbed RapidRide, will provide buses on SR 99 at 10-15 minute intervals at all hours. In addition, major stops wi(1 include information on bus arrival times, and Transit Signat Priority (TSP) treatmentwill be provided at signalized intersections along the route. In order to provide the TSP and bus arrival time information, fiber optic communications and low profile antennas wiil be installed to track bus location throughout the corridor. TSP strategies are intended to maximize the amount of green time provided to transit at traffic signals, within limitations to minimize disruption to the other traffic. The aitached agreements provide for the instaliation, operation, and maintenance of this communication equipcnent. One agreement is a five-party agreement, wherein the cities along the route and King County deftne ownership and cost responsibility for the ftber optic cable and the TSP equipment. Major points are as follows: King County will install a 72-strand fiber optic cable in existing tra�c signal interconnect conduit ttu�oughout the corridar (except for the extent of SR 99 Phase IV, whict� is addcessed in the second agreement), and the associated TSP equipment. 24 strands of fiber wiil be controiled by King County, 24 by the City, and 24 by joint use for ail parties to the agreement. The cost of maintenance of the fiber wi(t be shared equally by King County and the City where the maintenance activity occurs. King County wili provide the initia( signal timing plans implementing the TSP system upon approvat by City staff. The City would update signai timing plans every 3-5 years. The se�ond agreement is between King County and the City, and addresses specifics about the installation within Federai Way. The attached is a draft that may have minor changes that wouid be presented to Council prior to approval on December i 5, 2009. Major points include: T'he 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 wilt provide 48-strands of fiber on S 320'� Street between SR 99 and I-5. 24 strands will be controlled by the City, and King County will provide for the connections to the City's signal controlters on this segment of S 320�' Street, giving the City upgraded signal interconnect. The City and King County will jointiy work to assist WSDOT in implementing their portion of the TrafficBuster project in Federal Way, which wouid provide upgraded fiber optic communications for the City, King County, and WSDOT between City Hall and the intersection of SR 99 and S 320"' Street. This a{lows King County to communicate to al! parts of the system during construction of SR 99 Phase IV via WSDOT's fiber trunk on I-5, as wel! as aitowing agencies to share traffic flow data and videa cc: Projeci File Day Fite AGREEMENT OI�1 THE DESIGN, CONSTRUCTION, OWNERSH�, AND MAINTENAI�iCE OF THE A-LINE RAPiDRiDE FIBER OPTIC PROJECT Bet�veen KiNG COUNTY CITY OF SEATAC CITY OF DES MOINES CETY OF KENT CITY OE FEDERAL WAY TABLE OF CONTENTS LRECITALS-----------�----�---•-�-------°-•-----••---------�-----�--•-°-----------°-------------••-------...--•--...--°---°.... II. PURPOS£ OF.�GR�£M£NT II[. DEF(N[TiO�iS IV. FiBER OPT[C PROlECT BACKGROUND V. SCOP£ OF WORtC...._....-•-�----•--.....-•••• A. OV£RVIEN B_ D£SIGN APPROACH FOR TI-� COUNTY F�BER C. DESIGt�t AFPROACH FOR �OCAL AGENCY FIBER D. DES[GN APPROACH FORlNTER4GENCY F[BER--••--•---• VL RECAl'lONSHtPS A1�lONG PARI'ICIPAT'[NG AGEtJCiES..._._.....-.-•------• A. PR B. CHANGES--•-••--• C. ALLOCAT[ON AND OWNERSEiIP OF F[8ER OPTiC CABLE D USE OF EtBERS E_ 1'RANSF�ROF F P. PARiTC[PAT[ivG AGENCIES' RIGHT OF FiRST REFtJSAL G. Fi1T[JRE USE OF F[BER OPT[C CABLE At,READY OV�NED BY INDIVIDUAL PUBLIC AGENCiES H. CONTACT PERSONS AND ADDRESSES-••-•-----•-•-----------------------------••--•----••--••_------....-••-•-...._._.._.._......._._. V[I. THE COU�(TY RESPONSIBiLtT[ES AS i,EAD AGENCY A. GENERAL RESPONSiB[LtTY OF TH£ COUNTY AS LE4D AGENCY B. AGitEEMENTS. APPROVALS. PERMISS[ONS, AND PERMITS ..6 ..7 -•7 ._7 ._7 ._7 ._7 .................8 C_ NOl'[C£ OF [�iSl'ALL4TION �ID TEST[1VG .............................................••----•-•••--•••-----•_•--.._.._...__._.....---......••-....._...__....------.9 D. MAtNTENANCE AND REPAIR ltESPONSI8iLI1'IES...--•---• ........................•--..__......••-•----........_...._..............•-----••-•-----...---._.._.9 ECOUN7'Y NONCO�viPLLaNCE t I F A(JDIT .........................•--•---••-•-------••--...----•••-•-..._..................._...._..--•--•--.._.._........__.._....._............_.........-•--••...._.....----.....,...._..---....1 i VI[I_ FACILITY OW�fER RiGHTS AND I2ESPONStB[L[TIES ........................................--._.._......•••---••---•_•••------•--•-•••••-•---•-•-•--•-----._.._.1 I A. PEtiNC[PL£S FOR USE OF PARTICIPATiNG AGENCY �AC[L[T'[ES ...................................•------•-•--•••--•----•-_----•--•--••---...._...11 B. APPROV,aLS -•--•---------------•-----�----•--....._.__....------.........---•--•---••--•-----°.__....-_•-•-•--..........._...._-•-----..._t l C. ACKN01�'LEDG�fENT :�ND AGCEPTANCE OF RiSKS.._......-• D. ACCESS I'O AND USE C1F FAC[LITt£S -..._....-•---•--••------•--.........-••----•---..............-.•----•-•----.....----•-i� E. BUiLDING ENTR•\NCES-------------•-•--•---......--••---------�----------•--•�------•---.....----••---••-•-•----•-•---.........._ F. MODIf[CAT'tONS TO EACILCC[ES t2 G. R£LOCAl'[ON OF F[8ER OPTIC CASLE --i� H. PROP£RTY ttIGKCS ...................................��-------•--.._.......--•--._........•-•----•--...--•...._....._......._..._.._.............----.....----•._......••---.._..°--.13 I_ DEFAULT ATiDb[SP[JTE RESOLUTi0�1 IX. RELAT[ONSHIP BEI'4VEEN TEiE COU.'�ITY ANa COn1TRACTOEtS.---•--------•°--•-•--•---�------•--------------�•-°---�--------------�....._._._...__. t4 A. RESPONS 8. APPROVALS--•-------• C. INSURANCE X. INDEMi�itFiCAT[ON AND LIMCi'ATION OF LIABiL[TY----------------•---•-------._...__.................-•---•••--•-•---...-----------............_.._....-•-------- A. L[MiTAT[ON OF LWBIL[TY AND [NDEMNITY TH� COtlNTY AS L£AD AGENCY i4 B_ LIMITAT[ON OF LiABILITY AND iNDEMNCTY FAC[LlTY OWNERS......--•---------------------------------------------•--.......--------------IS C. L[M[TAT[ON OF LL4BiLiTY AND iNDEMN[TY PART[C[P.4T[NG AGENCIES t5 Xi_ ADDII'IONAL TERMS AND COND[T[OivS A. LAWS, LtCENSES, AND PERl� ...................................................•----•-•-•--•-••••-•--••--�•--------............---•°---._.._......_..lb B. PERFORMANCE--------•---- C. AGREEMENf TERM..--•� D. TEitMINATiONFORCAUSE.....••• E FORC£ MAJEURE.--°---•--•-•••-•-• F NO WAIVER._.........-•••• ..........:...••---------•---------.._.............._................._._.............-•---••--••-••--•--........_..-•---._..._.......__......_......_.........17 G SEV6EtABiLiTY H. RiGHTS CUMULATIVE I CONTltACi'UaL RELATIONSHIP .....................................•---•--•---•---......---•-----._.....-•-•-•---•--......---•--_.._....------•.._.......-------..__._i J HEADINGS-•-•---.._..---�-------•----• K APPLICASLE LAW AND V£M L BINDING EFFECTS..._._._...-••-----•--•------------------•-----�•---------------••--•--.....----...--•--•••-••------•--...••••------•--........._._ M ASSIGNMENT..._._....--•------•------•--...----•--------- N NO' O MOD[F[CAT[ONORAMENDMENT----------------------------�----•-•-------••--•-•-----...---•-••--•--•-•-•-•----•--••------.._.....-------...-----....._..._._..._...i8 P. EXECiJ"i'ED IN CO(fNTEFiPARTS..--• e�►tiacfiment t P�nject Elemenu_ A-Line Fibzr OQcic Project---•-----•-•-•-------------------•-•.....---------•---•----•-•----°-•-•--••--------••-•---•-•--•---...•--•------------20 Attacf�ment 2: Fiber Route Schematic......_..--•----•------------•-�---�-----•--�----------�-------------•--------...-•-•-•••---•--.._...._.....--------•� Attachmcnt 3: Fiber Optic Project Cost Estimate Auachment 4: Schematic ofTypical RapidRide Fiber Optic Components:.•--.._-.----- .............•--------•-•--._..---.----••--•------•....�..------....-•------.�..�...._.2� Attachment 5: Ownership and l�taicKenance Responsibiitie� of Fiber Opdc Project Elements---•----._....--_.•-----•---•-------------------•------_..__...._._.__Z6 A-Line RapidRide Fiber Optic Project i November 20, 2009 RECITALS This AGREEMENT is made b�- and between the City of Sea1'ac, tt►e City of Des Moines, the Cit} of Kent, the City of Federai Way, and King County, hereinafter referred to asthe "Participatina Agettcies_" WHEREAS, King County Ordinance No. 15582 (Transit Now Ordinance) identified a number of transit service measures to be imQleinented using the one-tenth ofone percent saies and use tax cotlected 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 Counn and W�iEREAS, one of the programs specificaiiy identi�ed in the Transit No�v Ordinance was the development and implementation of a bus rapid transit program in f ve distinct corridors, including new bus rapid Lransit services conneciing the Tukwila Internationai Bouievard Link Liaht Rai( Station and the Federal Way Transit Center, artd WHEREAS, the key elements of bus rapid transit include new, tow-floor, hybrid diesel-electric buses; improved &equency of bus service; improved traffic operations; and transit stations with real- time passenger information signs; and W�IEREAS, King County's bus rapid transit program has no�v been named RapidRide; and WI-IEREAS, the Participating ADencies are interested in advancing the imp(ementation of this program; and WHEREAS, the approved King County transit capital projram includes funding to support the investments in traffic signal systems and commu�ication necessary• t� implement RapidRide; and WHEREAS, King County pians to construct a�iber optic nettivork aiong Pacific Highway South/International Boulevard for the purpose of providing the cQmmunication infrastructure to support capital improvements such as real-time passenger information signs and transit sianal priority elements of RapidRide; and WHEREAS, King County plans to instalt a sufficient number of fiber optic cables to meet the county's needs as well as additional fiber optic cable to support the fiber communication needs of the Participating Agencies; and WAEREAS, the City of SeaTac, the City of Des Moines, the City o�Kent, and the City of �'ederal Way have conduit path available that can serve all tfie Participating Agencies; and WHEREAS, mutually beneficial contractual arrange�ents with other public entities that leverage public funds to provide both new and better bus service to cities and major employers is one of four key strategies identified in the `['ransit Now proposition approved by King County voters in the general election on November 7, 2006; NOW THEREFORE iN CONS[DERATION OF THE MUTUAL PROM[SES, COVENANTS AND AGREEMENTS SET �ORT'H HEREIN, AND FOR �THER GOOD AND VALUABLE CONSIDERATIONS, THE SUFFICIENCY OF WHiCH [S HEREBY ACKNOWLEDGED BY THE PART[CIPA`CING AGENCiES, TEIE PARTiCIPAiNG AGENCIES AGREE AS FOLLOWS: A-Gine Eiber Optic Project 1 November 20, 2009 II. PURPOSE OF AGREEMENT This Agreement defnes how the ParticipatinD Agencies �viil �vork together for the benefit ofall the Participating Agencies in imptementing the A-Line Rap+dRide Eiber Optic Project. This document also outiines the roies and responsibilities of ai1 the Participating Agencies with respect to the design, use, maintenance, and financing of the fiber cab�es durin� the term of the A�reement_ DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the foiiowiag terms shait have the foitowing specified meanings, untess the conte�ct ciearly requires a different meaning: A. Acceptance or Accepted Written documentation of King County's determination that the contractor's work has been completed in accordance wit#� the contract. B. Agreement Refers to this document, Agreement On the Design. Construction, O►vnership, and Maintenance of the A-Line Fiber Optic Project. C. Buitding Entrance Conduit or conduits usually connecting a ��ault, Handhole, or maintenance hole in the pubiic right-of-way to a buiiding. D_ Common Fiber Spares �'iber Strands installed as part of the Fiber Optic Project hetd in reserve soleiy for replacement of disabled fibers_ E. Conduit or Duct Enclosed raceway or tube desianed to house Fiber Strands for their protection_ F. Dark Fiber An optical fiber strand not coupted to an optica! light source. G. Day Calendar day. H_ Demarcation Point A point agreed to between the Faci{ity Otivner and the County that documents �vhere one party's responsibilities end and the other's begins. I. Faciiity or Facitities A structure including but not limited to buildings, vaults, maintenance hoies, Handholes, Conduit, and Building Entrances. Facility Manager �I�he person designated by the Faciiity Owner to manage the Facitity, including jrantina access and determining and approving its use and terms and conditions for such use. A-Line Fiber Optic Project 2 November ?0. ?009 K. Eacility Owner The Pacticipating Ageacy that is the leaai owner of a Facility or Faci(ities or the Participating Agency hoiding the legal right to grant permission to occupy, use, or modify Facilities. L. Fiber Optic Cable A cable installed by the Participating Agencies pursuant io this Agreement that is composed of strands of glass fiber, each strand of which is designed to conduct sianals of modulated lig�ht (optical signats) froin one end to the other. M. Fiber Optic Project The activities associated with the instailation of fiber optic transmission matetiats, pucsuant to this Agreement. N. Fiber Strand or Strand of Fiber A single, thin, transparent fiber of glass enctosed by a material of a lower index of refraction that reflects lighi throughout its iength by internai re8ections. O. Handhole An underground structure (usually concrete) providing an opening in a Conduit that �vorkers may �each into but usually do not enter for the purposes of instatlation and maintenance of cable. P. [ndirect Costs Indirect Costs are costs determined in accordance with a Participating Agency's standard methodology for computirg Indirect Costs. Indirect Costs shal! include costs of labor, benefits, equipment usage, misceilaneous materials, materiat handling, and administrative and generai charges_ Th+s definition also appiies to Facility Owner Indirect Costs. Q. ITS Inte(iigent Transportation System. R Lead Agency The Participating Agency designated by mutual consent that is responsibte for managing the Work related to the Fiber Optic Project, including entering into contracts for design and construction, overseeing the construction wark, and assuming responsibility for ongoing maintenance_ of the compteted Fiber Optic Project on behalf of the Participating Agencies_ King County is designated as the Lead Agency for this Agreement. S. Make-Readv Work Any planning, analysis, design, review, adjustment to equipment, construction, and/or other activities {such as tree trimming} necessary to prepare existing Facilities for use by the Lead Agency as determined by the Faciiity Owner. T_ Participating Agency A public agency that is a signacory to this Agreement for the purpose of engaging in the Eiber Opcic Project. U. ParticipatinD Agency Facilities A-Line Fiber Optic Project 3 November 20, 2009 Those Faciiities owned, managed, and occupied br• a Participating A�ency_ V. Pathway Aerial or underground Facilities used for the purpose of placing f ber optic cables, splice cases, trace wire, etc. W. Splice The point where two separate optical Fiber Strands are joined toge#her either mechanically or by fusion to make one continuous optical f ber strand_ X. Telecommunications Service{s) Telecommunications Service{s) is the transmission of information over Eiber 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. Such information ineludes but is not limited to voice, video data, pictures, and facsimite_ Telecommunications Service(s) does not include Darl: Eiber or services other than transmission services. Y_ Work A!i activities retated to the planning, right-of-way acquisition, scheduling, analysis, design, engineering, preparation, construction, instailation, evaluatioa, maintenance, repair, and operation of the Fiber Optic Project as provided for in this Agreement including Make- Ready Work_ [v. FIBER OPTIC PROJECT BACKGROUND King County, hereinafter referred to as the "County," will deploy A-Line RapidRide, a bus rapid transit (BRT) service, on Pacific Highway South/Intemational Boulevard in the City of SeaTac, the City of Des Moines, the City of Kent, and the City of Federal Way. RapidRide is a premium transit service with increased frequency, reduced travet time, and enhanced passenger amenities. Two key e(ements of RapidRide senice are real-time information signs at selected bus stop locations and transit signal priority at selected intersections throughout the corridor. T'o support these �eatures, the County is developing a network for transporting data from its centrai communication system to the roadside, and for communicatina wirelessiy along the roadside with real-time information signs, fare transaction processors, and buses. The roadside network will consist of a ftber optic cabie, secure wireless access points at intersections, and backhaul services provided through the Washington State Department of Transportation (WSDOT) regional network. The Eiber Optic Project will instail a large-capacity fiber optic cable on Pacific Highway South/Internationat Boulevard using existing traffic signai and illucnination conduit along the corcidor. T�his cable will run from S#ate Route 18 to the Eederai Way Transit Center and provide connections with WSDOT regionai hubs at Scate Route 5 i 8 and South 320th Street_ The Eiber Optic Project will inclade sufficient fiber sirands to support the County's RapidRide IT'S communications, WSDOT "Craffic Suster communications, local agency communications, and interagency communications. A-Line Fiber Optic Project 4 November 20, 2049 v. SCOPE OF WORK A. OVERVIEW On Pacific Highway South/internaticrona! Bou(evard, the Fiber Optic Project will instal{ a 72- strand fiber optic trunk cabte. The fiber cable is sized to support future communication +capaciry for use by the (ocal agencies for Qubiic purposes such as video surveil(ance, traffic signal commanicatior�s, and city-to-city communications_ The distribution of fiber is as foliows: County RapidRide ITS communications Local agency communications Interagency communications Total 24 strands 24 "strands 24 sirands 72 strands On South 320th Street, the Fiber Optic Project wiii instatt a 48-strand fiber optic trunk cabie_ The fiber will be sized to support future communication capacity for use by the loca! agency for Qublic purposes. The distribution of �ber is as foltows: County RapidRide ITS communications Local aaency communications 24 strands 24 strands Total 48 strands The Fiber Optic Project inc(udes funding for the design, insialtation, and construction of locai agency and interagency communication fiber. The tocal agency communication fiber wi11 be owned by the locai jurisdiction in which this fiber is insta(led. The interagency communication fiber wili run the length of Pacific Highway South/Internationa! Boulevard from State Route 518 to South 320th Street. The elements of the Fiber Optic Project are provided in Attachment 1, Project Elements: A- Line RapidRide Fiber Optic Project_ A fiber routing schematic is provided as Attachment 2, Fiber Route Schernatic. The construction budget for the Fiber Optic Project is provided in Attachinent 3, Fiber Optic Project Cost Estimate. DESIGN APPROACH FOR THE COUNIY F[BER �I'he County RapidRide fiber wiil be instalted on three channets along the project eorridor: Channel 1 will inciude all the Inteliigent Transportation System (ITS) cabinets between State Route 518 and South 200th Street in the City of SeaTac. Channet 2 will connect alt the ITS cabinets between South 204th Street ar�d Dash Point Road. Channel 3 wilt, include al( the ITS cabinets from South 312th Street to South 316th Street, and will include the [TS cabinets on 23rd Avenue South at South 3 ibth Street and at South 317th Street. Channe! i wilt terminate fibers 1 and 2 in each ITS cabinet from State Route S I 8 to South 200th Street, and witl return on fibers 9 and 10 co the State Route 518 termination cabinet Channel 2 will terminate fibers 7 and 8 in each ITS cabinet from S 204tfi Street to Dash Point Road, and will return on fibers i� and i 2 to the Scate Route 5 t$ term ination cabiaet. Channel 3 witl terminate fibers i and 2 in each [TS cabinet from S 3 i2th Street to S 316th Street on A-Line Fiber Optic Project 5 November 20, 2009 Pacific Highway South and at South 316th Sireec and at South 317th Street on 23rd Avenue South, with return on fibers 9 and 10 to the termination cabinet at the intersection of South 320th Street and Pacific Highway South. Fibers �-6 wilt be terminated into every ITS cabinet along the corridor for ail RapidRide channels for future use by the County_ C_ QES[GN APPROACH EOR LOCAL AGENCY F[BER 1`he locai agency fiber will consist of five channels: two channels in the City of SeaTac, one channei in the City of Des Moines, one channel in the City of Kent, and one channel in the City of Federal Way. For the City of SeaTac, Channel 1 will terminate fibecs 25 and 26 in each traffic signa! controlier cabinet from State Route 518 to South 180th Street, and wilt return on fbers 33 and 34 to the State Route 518 termination cabinet. Channet 2 will terminate fibers 3l and 32 in each tra�c signal controller cabinet from South t82nd Street to South 208th Street, and will return on fbers 35 and 36 to the State Route 5 i8 terminatia► cabinet. Fibers 27-30 will also be terminatec! into every traffic signai contro(ter cabinet along the [nternational Boulevard corridor within the City of SeaTac for future use by the City of SeaTac_ For the City of D�s Moines, Channel 3 wili ierminate fibers 25 and 26 in each traffic signal controlier cabinet from S 216th Street to Kent Des Moines Road, and will return on fibers 33 and 34 to the S 216tfi Street termination cabinet. Eibers 27-30 will aiso be terminated inta every traffic signai controiler cabinet aiong Pacific Highway South within the City of Des Moines for future use by the City of Des Moines. For the City of Kent, Charuzei 4 wii! terminate fibers 25 and 26 in each traffic signal controt(er cabinet from South 240ih Street to South 272nd Street, and will return on 6bers 33 and 34 to the Kent Des Moines Road termination cabinet. Fibers 27-30 wiit a(so be terminated into every• traffic signal controlier cabinet along Pacific Highway South within the City of Kent fvr future use by the City of Kent. For the City of Eedera! Way from South 27bth Street to South 320tt► Street, the 241ocal- agency fibers will not be terminated in the traffic signa! controller cabinets along Pacific Highway South, since these signals already have fiber interconnections. [nstead, ali 24 iocai- agency fiber strands wil! be terminated at the South 320th StreetlPacific Highway South terminaiion cabinet. On South 320th Street and on 23rd Avenue South, Channei 5 will terminate fibers 2� and 26 in the traffic signal controtlers at the foltowing intersections: South 320th Street/20th Avenue South, South 320th Streetr23rd Avenue South, South 320th Street/25th Avenue South, South 3(6th Street/23rd Avenue South, and South 17th Streed23rd Avenue South_ Channel 5 witlreturn on fbers 33 and 34 to the termination cabinet at South 320th Street/Pacific Highway South. Fibers 27-30 will atso be terminated in each of the trat�fic signai controtler cabinets listed above for future use by the City of Federal Way D. DESIGN APi'ROACH FOR [NTERAGENCY FIBER All 24 fiber stands (49-72j will terminate in tt�e termination cabinets at Staze Route 518, South 188th Street, South 21bth Sireet, Kent-Des Moines Road, and South 320th StreetlPacific Highway South_ Of the 24 strands, fibers 55-�6 from the State Route 518 fiber termination cabinet to the South 216th Street fiber termination cabinet are dedicated to the City of Des Moines for ihe connection to the WSDOT Traffic Buster projec� A-Line Fiber Opcic Project 6 November 20, 2009 v[. RELATiOIYSHIPS AMONG PARTICIPATING AGENCIES I l.Zt►[�I[T��Z.`� This Agreement among the Participating Agencies sha(l conform to the foilowing principles: l. Participation in the Eiber Optic Project is voluntary. 2_ Arrangements for cooperation should be fair and equitable among Participating Agencies. Any special configuration, such as a rauting change to accommodate a particular Participating Agency, should be paid for in whole by that Participating Agency. 3_ Participating Agencies may have varying amounts of financial and other responsibiiities. Participating Agencies should share maintenance proportionately based on each Participating Agency's share of ownershiQ or use of the Fiber Strands as described in the Agreement. 4_ [e consideration of the perpetual right to use Participating Agencies' conduii, the County will at its oum cost desian, instail, and dedicate fiber optic cables to the Participating Agencies for their ownership and use. B. CHANGES Participating Agencies shall have the right to propose changes to tfie Fiber Optic Project, which must be approved by a!1 Participating Agencies. Changes that impact Eacility Owners shall be subject to approval by che Facility Otimers. C. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE Fiber Optic Cabte and Fiber Strands installed as part of the Fiber Optic Project shall be allocated to the individual Participating Agencies_ The Participating Aaency shati own al! riDht and title to these ailocated Fiber Strands. The ownership of the elecnents of the Fiber Optic Projeci is identified in Attachment 4, Ownership and Maintenance Responsibilities of the Fiber Optic Praject Elements. D_ USE OF F[SERS A Participating Agency shatl have completety free and nnrestricted use of the Fiber Strands installed and aliocated to it under the Fiber Optic Project Agreement for any lawful aovernment, pubGc education, intergovernment, or public utility purpose subject to applicable agreements, approvais, permission, and permits. Such right to use shail be for the duration of the Agreement and for any reneu�als by the Participating Agencies ur►less terminated under the terms and conditions provided herein. E_ TRANSFER OF FIBERS Participating Agencies sha11 not assign the use or otherwise convey the use of any of the Participating Agency's fibers as identified in the Agreement to any other party except to �overnment, pubiic education, or pub(ic utility entities. Participating Agencies who wish to transfer their allocated fibers must obtain written and unanimous approval from al1 Participating Agencies. Participating Agencies are also granted right of first refusal regardies� of tfie circumstances of the transfer_ A-Line Fiber Optic Project 7 November 20, 2009 F PARTICIPATING AGENCIES' RIGHT OF FIRST REFUSAL Before any ailocated fibers held by a Participating Agency may be transferred, the other Participating Agencies, either individually or cotlectively, shalt have a righc of first refusal to accept the transfer of the fibers on the terms and conditions set forth in this section. (a) Notice of Proposed T'ransfec. Tiie transferring Participa#ing Agency shall deliver to all Participating Agencies a writxen notice stating: (i) the bona fide intention to transfer such atiocated fibers; (ii) tt►e name oPeach proposed transferee; (iii) the nut�►ber of fii�ers to be transferred to each proposed transferee; (iv) the consideration for which the Participating Agency proposes to transfer the allocated fibers and the material terms and conditions of the proposed transfer (the "Offered Terms"); and (v) an offer to sell i#ie attocated 6bers at the Offered Terms to the ottter Participating Agencies. (b) Exercise of Right of First Refusal. At any time wi�in sucty (b0) days after receipt of the notice, the other Participating Agencies, either individuatly or collectiveiy, may, by givina written notice to the transferring Participating Agency, elect to accept all, but not less than all, of the allocated fibers proposed to be transferred to any one or more of the proposed transferees. (c) Any government, public education, or public utility entity accepting the transfer of fbers instalted under this Agreement must agree to all the terms and conditions of this Agreement, and shall notify the Facility Owner(sj of any such transfer_ (d) Participating Agencies may grant the right to use their fi6er allocacion to any other aovernment, pub(ic edacation, or public utitity entity provided t�e use is approved by all of the other Participating Agencies. FUTURE USE OF FIBER OPTIC CABL� ALREADY OWNED BY INDIVIDUAL PUBLIC AGENC[ES Nothing in this Aareement precludes Participating Agencies from entering into sep.arate agreements with other Participating Agencies to use fiber optic cabie other than the Fiber Optic Cable instatled pursuant to this Agreement. H. CONTACT PERSONS AND ADDRESSES The contact persons for the administration of this Agreement are as follows: King County: John Toone, IT ProjectManager King County Department of T'ransportation 20 S Jackson St Seattle, WA 98iO4 City of Des Moines: Brandoa Carver, P.E., P.T_O.E. Associate Transpc»rtation Engineer City of Des Moines 21b50 I t ih Ave S Des Moines, WA 98198 City of Federai Way Rick Perez, P.E. City Traffic Engineer City of SeaTac. Susan Sanderson, P.E. City Engineer City of SeaTac 4800 S i 88th St SeaTac, WA 98188 City of Kent: Steve Mullen, P.E_ Transportation Engineering Manager City of Kent 220 Fourth Ave S Kent, WA 98032 A-Line Fiber Optic Project November 20, 2�9 City of Federal Way 3332� Eighih Ave S PO Box 97 t 8 Federat Wav WA 98063 v[i. THE COUNTY RESPONSiBILITIES AS LEAD AGENCY A_ GENERAL RESPONS[BIL[1'Y Q�' Tf-� COUNTY AS LEAD AGENCY The County shali be responsible for the overa(1 cnanagement of the Work necessary for ths successful completion of the Fiber Optic Project, as the agent ot the Participating Agencies in the Fiber Optic Project, pursuant to the terms and conditions of this Agreement. The County shal! have the authority and the responsibility for negotiating and entering into such separate contracts with Eacitity Owners as are necessary for the specific use of their Eacilities in furtherance of the Fiber Optic Project. The County will also have the authority to enter into and manage such separate contract agreements with contractors as are necessary to perEorm ali or part of the Work assc�ciated with the Fiber Optic Project. The County is responsible for ensuring that all applicable terms and conditioiis of this Agreetnent are inciuded in the contracts with Facility Owners and contractors. Prior to execution of any contracts with Eacility Owners or contractors, the County shatl provide an opportunity for the t'articipating Agencies to review and comment on such agreements. [n the event there is a dispute re�arding any of the provisions or (ack of provisions in this Agreement, such dispute shall be reso(ved through the Dispute Resolution process identified in this Agreement. The County shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B_ AGREEMBNTS, APPROVALS, PERMtSS[ONS, AND PERMtTS The County shatl be resp�nsible for obtaining ali necessary agreements, approvals, permissions, and permits and any other documents required or necessary for the successful eomptetion of the Fiber Optic Project and for keeping them in piace and current. C. NOT[CE OF [NSTALLATION AND T'ESTING The County sha(1 notify the Participating Aaencies when initial instaltation of the Fiber Optic Cable and the Acceptance testing of a(t the Fiber Strands have been comp(eted_ D. MAINTENANCE AND REPAiR RESPOMS[BiL[TIES l. Maintenance and Repair of Fiber Optic Cab(e, Fiber Strands, and Pathway Maintenance of the 72-strand and 48-strand trunk Fiber Optic Cable �and trunk Fiber Strands instalied pursuant to this Agreement, as we1! as the Pathways between and including the Demarcation Points, shall be the responsibilit}• of the Coanty as agent for the Participating Agencies. For this Agreement, the Demarcation Points are the 2�TA fiber vautts_ A schematic of the typical fiber optic components is provided as Attachment �3, Schematic of Typical RapidRide Fi6er Optic Components. Maintenance of �iber Optic C.atera! Cables and Eiber Strands instailed from the 25TA fiber vaults to ihe Participatin� Agencies' equipment shall be the responsibility of the Participating Agency that ow�ns the equipment to which the taterai cable is connected. A-Line Fiber Optic Project 9 November 20, 2009 The 2�TA fiber vaults and the RapidRide cabinets shal! be the responsibility of the County. County maintenance responsibility sfiali continue for the term of this Agreement and for anv extensions or renewals. A summary of the maintenance responsibilities for the eiements of the Fibec Optic Project is provided as Attachment 5, Ownership and Maintenance Resporrsibilities of Fiber Optic Project Elements_ tn instances where service to any of the Participating Agencies has been intem►pted on the County side of the Demarcation Point, the Couniy, at the Participating Agencies' request, wili repair the Fiber Optic Cable as soon as possibie provided that atl necessary permissions to effect the repairs have been obtained from the Faciiity Owner(s). Restoration of traff►c controi and public safety services shatt be given the highest pciority. In the event of an outaae, the Participating Agencies shall work promptly to cestore the functionality of the Fiber Optic Cable as soon as possible and practica! after nestoration of any other necessary services_ The Participating Agencies shall not cut or otherwise damage Eiber Optic Cable unless absoluteiy necessary for the safe and prompt restoration of traffic control and public safety services. 2. Maintenance and Repair Espenses The Participating Agencies shali be responsible for the expense ofmaintenance and repair of the Eiber Optic Cabie and Fiber Strands for the duration of this Agreement on a proportional basis as identitied in Attachment Ownership and Maintenance Responsibilities of Fiber Optic Project E[ements_ When repairs are required as a result of damage caused by a third partv, the Participating Agency in whose jurisdiction the damage occucred shail seek payrnent from the third party for the cost of the repaic. The County shaii assign a designated maintenance manager who shall review ongoing maintenance expenses with Participating Agencies as reasonabty requested, but at least on an annuat basis. `Che County may contract with a vendor capable of making any necessary repairs. T't►►e contact shall provide for around-the-c(ock service, defined response times, and supply guarantees. 3. Payments for Maintenance and Repair Expenses Participating Agencies shall pay at! amounts owed to the Cvunty within 30 Days of receipt of the billing. If a Participating Agency disputes all or a part of the payment owed to the County, then such dispute shall be resolved through the dispute resotution process identified in this Agreement_ [f a Participating Agency cannot or does not make payment for charges owed witt►in 90 Days, the Participating Agency shall be given written notice to correct the defaul�. The Participating Agency shall have 90 Days, or such longer time after receipt of notice as the County may authorize in writing, to make payment. If the Partici{rating Agency and the County stili cannot reach agreement on amounts owed, the dispute shall be resolved through the dispute resolution process ideatified in this Agreement. A-I.ine Fiber Optic Pcoject lfl November 20, 2009 E_ COUNTY NONCOMPLiANCE The County shall adhere to the t�rms, conditions, and requirements of the Work as provided in this Agreement, and the required record keeping as required in this Agreement. Where there has been gross ne�iigence or willful misco�iduct on the part of the County, and additional Work is necessary to conform the Work to the requirements of this Agreement, it shatl be at the expense of the County. F. AUD[T The County shall permit Participating Agencies, or their designated agent(s), from time to time (including up to six years after the expiration or termination of this Agreecnent) to inspect and audit a!i pertinent books and records of the County, contractors, subcontractors, or any other person or entity in connection with or related to the Fiber OQtic Project with respect to the services provided, costs, and the compensation paid_ Such audit shati �cur ai such reasoaabte times and at such reasonable location(s) as mutuatly agreed to by the Participating Agencies and the County. v[[i. FACILITY OWNER RIGI-ITS AIYD RESPONSIBILiTIES A. PRINC[PLES EOR USE OF PART'ICIPAI'ING AGENCY �AC[GCfIES Use of Facilities owned by a Participating Agency shatl comply with att requirementa of ihe Participating A;ency that owns them. A Facility shal! be designed and constructed to maximize the reasonable, additional future use of such Facility. The general project costs shat( include all fees and charges for the use of the Facility. This Agreement shat! not be construed to authorize any Participating Agency to mal:e use uf any other Participating Agency's Faciiities unless such use is speciftcat(y authorized by the Participating Agency in its capaciry as a Eaciiity Owner. �I't►e Facili#y Ow°ner has 6nal approvai of ptannin�, engineering, design, materiai, and maintenance for al! portioas of the Fiber Optic Project on or �vithin its Facilities. B_ APPROVALS Att contractors hired by.the Counly to work within or on Facilities sha11 be subject to approval by Faci(ity Owner(s)_ [n all agreements �vith contractors, the Facility Owner{s) may require the Counry io specify that the contractors attend one or more pre-construction meetings with the appropriate Participating Agencies and Facility Owners to review installation requirements for the Work and any restrictions or other requirements that must be adhered to prior to any Worlc being performed in or on Facilities. The contractor agreement shal� state that the Faciiity Owner or the Parttcipating Agency has authority to stop inadequate or unsafe Worl:, or to require that inadequate or unsafe Worlc be corrected as provided for in this Agreement. C_ ACKNOWLEDGMENT AND ACCEPTANCE OE RISKS In choosing to co-iocate components of the �ber Optic Project in Facilities, the Participatii�g Agencies acknowtedge that there are risks associated with having components of the Fiber Optic Project co-located within any suc}� Facility. Participating Agencies explicitly understand that �isks inciude bearinQ all costs, except such costs caused by the gross negligence or willful misconduct of the Facility Owner, inciuding but not limited to: provision of atternative communicacion paihs needed by the Participating Agencies, ioss of Participating Agency- business, and restoration of their fiber systems if they are damaged_ A-Line Fiber Optic Project 1 I November 20, 2U09 D. ACCESS TO AND USE OF FACILtT'IES The Counry sha!! obtain access to and use of Faciiities from Facitity Otivners for the purpose of installing, maintaining, and repairina components of the Fiber Optic Project, including all agreements, approvals, permissions, and permits required. Such access shali be subject to Facility availabiliry as determined by the Facitity Manager and any conditions specified by the Facility O�vner. 1. Permission to Enter Access to Facilities shal! be aiiowed only a�ter the Faciiity Owner has been notified and permission has been granted by the Facility Owner. 2_ Requests for Access Ai( requests for access to Facitities must be made through the appropriate Facility Manager in writing, and sha(t be subject io the terms and conditions of this Aa eement. In the event of an emergency, requests for access may be made in person or by telephone. In such cases, prompt written documentation of the request witl foilow_ 3. Buildings If the County desires to use space in any buiiding the County shall complv with the restrictions and conditions specified by the designated buildin� manaaer. 4. Conformance to Regulations Access to and use of any �aci(ity shail be in conformance cvith a!1 codes, regulations, and requirements. E. BUILD[1VG ENTRANCES Where app(icabte, in the event that a Buiiding Entrance owned or controlled by one of the Participating Agencies is not usabie for either entering a building or for providing access to the iocation in a building where the Participating Agencies hace instailed Fiber Optic Project components, the County has the responsibility for making alternative arranaements fm buitding access with the buitding owner. The expense associated tivith an alternative Buildin� Entranee shalt be borne by the Participating Agencies using the buildinD_ F. MODIFtCAT[ONS TO FACiLIT'IES At the County's request, the Eacility Owner shatl make necessary modifications to any existing Facilities to enable building access for the Fiber Optic Project_ Any requests by the County for such modifications shall be made to the Faciiity Owner andlor Manager. G. RELOCATION OF FIBER OPT[C CABLE The County wili work with the Faci(ity Owner to ensure that the Fiber Optic Cable within or on Faci(ities is designed and constructed to minimize the likeiy need for future reiocation. The Facility Owner has the right of pre-approva! and post-construction acceptance of any work required either to remove cabte fram within or on Facilities or to ptace cable within or on alternative Eacilities_ 1. Alt relocations of Fiber Optic Cable, regardless of reason, will be managed by the Couniy. All relocations will be managed as a part of and under the terms and conditions of chis Agreement. A-Line Fiber Optic Project 12 November 20, 2009 2. Notice Except for emergency situations, the Facilitv Owner will give the County at teast 90 Days notice of the need to relocate any components of the Fiber Optic Project tocated wichin or on Faciiities. 3. Relocation When relocation is required, the Faciilty Owner may, when possible, provide substitute Faciiities within or on which the Participating Agencies may relocate the components of the Fiber Optic Project. H. PROPER"['Y RIGHTS Nothing in the terms of this Agreement shali be construed to convey to the Participatit�g Agencies any property rights in existing Facilities of a Facility Ownec. Nothing in ihe terms of this Agreement shall be construed to compel a Facility Owner to maintain any of its Facilities for a period ionger than is necessary for its own service requirements_ In the event that Facilities are abandoned by the Facility Owner, the Participating Agencies may remain in such Facilities at their own risk, subject to the approvat of the Facility Owner. Any ownership rights �n Faciiities created or constructed as part of the Eiber Optic Project will be atlocated per this Aareement_ I. DEEAULT AND DISPUi'E RESOLUI'ION The Participating Agencies desire, if possibte, to resolve disputes, controversies, and claims (`Disputes") arising out of this Agreecnent without litigatian. To that end, if any Pacticipating Agency believes that another Participating Agency, whether as a Participating Agency, Facility Owner, or i,ead Agency, has failed to perform any obligation under this Agreement or has perfocmed such obligation in a manner inconsistent with this Agreement, then the Participating Agency sha(! provide written notice to ait Participating Agencies, stating with specificity the nature of the Dispute. Thereafter, each Participating Agency shall appoint a knowledgeable, resQonsibte tnanagement representative to rcieet within 30 Days of the date of the written notice and negotiate in Dood faith to resoive any Dispute. The Participating Agencies agree thai the discussions and correspondence among the representatives for purposes of Dispute reso(ution shall be treated as confidential information developed foc purposes of settlement, shall be exempt frocn discovery and production, and shall not be adcnissib(e in any action or proceeding arising under or concerning this Agreement without the agreement of the parties to the dispute. Documents identified in or provided with such communications ihat are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in any such action or proceeding. If the negotiations between #he Participating Agencies do not resolve the Dispute within 60 Days of the initial written request, the Dispute shall be submitted to mediation with a mediator chosen by mutual agreement of the parties. Each Participating Agency shall bear its own cost of these Dispute resolution procedures. The Participating Ager►cies that are party to the mediation shali equally share the fees of the mediation a�d the rr�ediator. Nothing in this paragraph precindes any Pa�ticipating Agency from seeking reiief from King County Superior Court should mediation efforts be unsuccessfuL A-Line FiberOptic Project t� November 2Q, 2009 ix RELATIOiYSHIP BETWEEN THE COUNTY AvD CONTRACTORS A. RESPONSIBIL[T1' The Countu as Lead Agency is responsibie for ensaring that the applicable temis and conditions of this Agreement are included in agreements with Eacility Owners anrl contractors_ How�ever, each contractor shall be held liable for any negliaence, inientional acts, or wi(ifu! or wanton misconduct cai�sed by its performance or failure to perfor�n the worl: under this Agreement or any contracts with the County_ B_ APPROVALS All contractors hired by the Couniy to work within or on Faci(ities shall be subject to approval by Facility Owners. In all agreements tivith contractors, the Faciiity Owner(sj may require the County to require such contractors to attend a pre-construction meetiag with the appropriate authority to review installation requirements and worlc restrictions prior to any work being performed in or on Facilities. The contractor s agreement shall state that the Facitity Owner or the jurisdiction having rights-of-way has authority to stop Work or require that inadequate Work be corrected. C. INSURANCE Prior to undertaking any wo�k under any this Agreement, the County shalt ensure that ait contractors, at no exQense to the County, Participating Agencies and Facility O�vner(s), have obtained and filed with the County acceptable evidence of a po(icy or policies of insurance as enumerated in this Agreement_ 7c. INDEMNIFICATION AND LIMITATION OF LIABILITY A. L[MITA�I'iON OF LIAB[LiTY AND iNDEMN[T'Y THE COUN�I'Y AS LEAD �GENCY T'he County, when acting in the capacity as Lead Aaency, shall not be liable, in law or in equity, to the Facility Owner, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Pcoject, except to the ertent caused by the gross negligence or wilifut misconduct of the County. The Facility Owners and Participatina Agencies sha11 indemnify and save harmless the County, its officers, errtployees, and agenu from ail c(aims actions, liability, and damages of any aature arising out of any act or omission, except in the event of gross negiigence or willful misconduct by the County in connection with this Agreement_ If any claim arises to which this indemnification provision may be applicabte, the Eacility Owner shall immediately upon iearning of such ctaim notify the County, and upon such notice, the County shatl prompt(y notify the Participating A�encies. The Participating Agencies may, at their option, settle or compromise s�h claim. In no event shail the Faciliiy Owner or the County have the righ# to pay, settle, or otherwise compromise such ciaim without the prior written consent of the Participating Agencies, who shall not unreasonably withhold such consent_ THE COUNTY AS LEAD AGENCY SHALL NOT BE L[ABLE T'O THE FAC[LITY OWNER, PARTiCiPAT[NG AGENCIES, OR THE[R USERS OR ANY SUBSEQUEi�iT USER UNDER ANY CIRCUMSTANCES EOR INCIDENTAL, SPECIAL, OR CONSEQUENTiAL DAMAGESOR DAMAGES ALL£GED T'O HAVE ARISEN DUE 1'O AN [NTERRUPTION OF SERV[CE OR DAMAGE TO ANY FIBER OPT[C CABLE OR ASSOCIATED EQUIPMENT. A-Line Fiber Optic Project 14 November 20. 2009 B. LIMIT'ATION OF LIABiLiTY AND INDEMNtTY FAC[L[TY OWNERS Facility Owners, wtten actiag in that capacity, shali not be tiable, in iaw 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 with fihe operation of the Fiber Optic Project,`except to the extent caused by ihe gross negligence or willfu! misconduct of the Faciiiry Owner. Tt►e County as Lead ADency and Participating Agencies shal! indemnify and save harmtess Facility Owners and Facility Owners' officers, einployees, and agents from all claims, acrions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willfui misconduct by the Facility Owner in connection with this Agreecnent_ If any claim arises to which this indemaification pcovision may be appticable, the Facility Owner sha11 immediateiy upon learning of such claim notify the Gounty as L,ead Agency, and upon such notice, the County shalt promptly notify the Participating Agencies. The Participaxing Agencies may, at theiroption, settle or compromise such claim. [n no event shall the Faciiity Owner or the County have the right to pay, settle, or otherwise compromise such claim without the prior written consent of the Participaring Agencies, who shail not unreasonably witt�hotd such consent. THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING AGENCIES OR THEiR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR tNCIDENTAL, SPEC[AL, OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED T'O HAVE ARISEN DUE TO AN INTERRUPTtON O� SERVICE OR DAMAGE TO ANY FiBER OPT[C CABLE OR ASSOC[ATED EQUIPMENT. C. LtMITATION OF L[ABIL[T'Y AND iNDEMNITY PARTICIPATING AGENCIES A Participating Agency, when acting in tfiat capacity, shall not be iiabie, in law or in equity, to the Lead Agency, the F�ility Owners or any other Participating Agency, or any subsequent user for any damages relating to interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or wil(fu1 misconduct of that �articipating Agency. The County as Lead Agency, the Faciiity Owner, and the other Participating Agencies shall indemnify and save harmless a Participating Agency and its officers, employees, and agents from ali claitns, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or witlful misconduct by that Participaiing Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediateiy upon iearning of such claim notify the County as Lead Agency, and upon such notice, the County shall promptly notify the Participating Agencies_ The Participating Agencies may, at their option, seule or compromise such claim. {n no event shalt the Facility Owner or the County have the right to pay, settle or otherwise comprocnise such claim without the prior written consent of the Participating Agencies, who st�all not unreasonably withhold such consent. A PART[CIPATING AGENCY SHALL NOT BE GiABLE TO THE COUNTY AS LEAD AGENCY, THE FACILITY OWNER, OR OTHER PARTtCIPATING AGBNC[ES OR THE[R USERS OR ANY SIJBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR [NCIDENfAL, SPECtAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARtSEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOC[ATED EQUIPMENT_ A-Line Fiber Optic Project 15 I�tovember 20, 2009 XI_ AUDITIONAL TERMS AND CONDiTIONS A_ LAWS, L[CENSES, AND PERMITS 1, Genera! Requirement Ait wor1: done under this Agreement shall comply with a!1 applicable federal, state, and tocal laws, and alt rules, regutations, orders, and directives of relevant adminisUative agencies. 2. Licenses, Pennits, and Similar Authorizations The Participating Agencies shall have and maintain in effect at all times ali necessary franchises,licenses, permits, consents, aad easements from federal, state, and tocal authorities and the owners of rights-of-way and private property. The Participating Agencies witl compty with ati requirements thereof to instatl, construct, maintain, operate, and remove any fiber optic installation(s)_ B. PERFORMANCE Each Participating Agency wili perform all of its obligations under this Agreentent in a timely manner_ C_ AGREEMENT T'ERM `Chis Agreement shalt become effective upon the execution of a(1 Participating Agencies, and unless terminated in accordance with the ternis of this Agreement, shali continue to a term of 20 vears. One year prior to the expiration of this 20-year period, the Participating Agencies shall in �ood faith negotiate a renewal agreement �or an additiona120-year period or terminate their participation accordina to the provisions o� tfiis AQreement_ Under the terms of any renewai agreement, the Participating Agencies shalt continue to mal:e payments as specified in this Agreement. Terms and conditions of this Agreement that have expired sha(t remain in effect until superseded by a ne�v agreement_ D. TERM[NATtON FOR CAUSE Any Participating Agency cnay terminate this Agreement in the event that another party faiis to perform its obligations as described in this Agreement, and such failure has not been corrected to the reasonab(e satisfaction of the other ia a timety manner after notice ofbreach has been provided by sueh other Partv. Notice of termination shall be given by the Patticipatin� Agency terminating this Agreement to the others not less than 45 Days prior to the effective date of tertnination. E_ FORCE MAJEURE 1'he term "force majeure" shall inciude, �vithout limitation by the following enumeration_ acts of nature, acts of ciyil or cniiitary authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, and industrial, civit or pubiic disturbances causing the inabiiity to perform the requirements of this Agreement. if a party is rendered unable, wholly or in part, by a force majeure event or any other cause not within such party's cantrol, to perform or comply with any obiigation or condition of this Aareement, upon giving notice and reasonably fui] par[iculars to ihe other party, such obiigation or coaditioa shall be suspended oniy for the time and to the extent commercially praciicable to restore normal operations. [n A-Line Fiber Optic Project 1 b IVovember 24, 2flU9 the event that any party ceases to be excused pursuant to this provision, then the other parties, inciuding the County as Lead Agency, shatl be entitled to exercise any remedies ott►erwise provided for in this AD eement_ Whenever a force majeure event causes a party to ailocate limited resou� between or among a party's other obliaations, the Work under this Agreement shai! recerve no less priocity in respect to such allocation than any of the Participating Agencies' other projects. F_ NO WA[VER No term or provision hereof shati be deemed waived or consented to, and no breach excused un(ess such waiver or consent shall 6e in writing and signed by the Participating Agency claimed to have waived or consented. Eailure 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, oc obligations of this Agreement, shail not be a waiver of any other term, condition, covenant, or obligation, or of any subsequent default by breach of the sarne or other term, condition, covenant or obtigation contained herein by any one or more Participating Agencies, nor shal( such action or inaction by any oae or more Participating Agencies be construed as to bind or prejudice any other Participating Agency. G. SEVERABILITY In the event any section, sentence, clause, or phrase of this Agreement is adjudicated to be invalid or iiiegal b}° a court of campetent jurisdiction, the remainder of this Agreement shaii be unaffected by such adjudication and all other provisions shait remain in futi force and effect as though the section, ctause, or phrase so adjudicated to be invatid had not been inciuded herein. The Participating Agencies agree to negotiate a replacement section, sentence, c(ause, or phrase that is legal and most closely represents the origina( intent of the Participating Agencies_ H. RiGHTS CUMULAT[VE The rights and remedies ot the Participating Agencies provided for under this Agreement are in addition to any other rights and remedies provideci by law_ The fai(ure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shal! �ot exc(ude or waive the right to use another. I. COM"['RACTUAL RELAT[ONSHIP This Agreement dces not constituie the Participating Agencies as the agent or legal representatiue of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or ereate any obligation or responsibility on behaif of or in the name of the Facility Owner or to bind the Facitity Owner in any manner vr thin? �vhatsoever. HEADINGS The iities of sections are foc convenience only and do not define or limit the contents_ K. APPL[CABLE LAW AND VENUE This Agreement shatl be construed and interpreted in accordance with the laws of the State of Washington, and venue of any action brought hereunder shall be in the Superior Court for King County. A-[.ine Fiber Optic Project 17 November 20, 2009 L. B[NDING EFFEC`CS �I'he provisions, covenants, and conditions in the Generai Terms and Conditions appiy to bind the Participating Agencies and their 1ega1 heirs, repres�ntatives; saccessors, and assigns. M_ ASS[GNMENT No Participating Agency shall assign its rights or assign its duties uader this Agreement �vithout the prior wtitten consent of the other Participating Agencies, which consent sha(l not be unreasonably withhetd. N_ iVOTICES A11 notices and other materiats to be delivered hereunder shali be in writing and shall be delivered or mailed to the addresses as identifed in this Agreement. O_ MOD[F[CAT[ON OR AMENDMENT No modification to or amendment of the provisions•of the Generai Terms and Conditions shall be effective nnless in writing and signed by audtorized representatives of the Participating Agencies to this Agreement. The Pacticipating Agencies expressly reserve the right to modify any agreement, from time to time, by mutuai agreement_ P. EXECUTED IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shalt be an oriainat, but ati of which together shall constitute but one instrument. A-Line Fiber Optic Project i8 November 20, 2009 IN WITNESS WHEREOF, the Participating Agencies hereto have executed this Agreement on the respective dates indicated below. Kevin Desmond General Manaaer, King County Metro Transit Todd Cutts Acting City Manager, City of SeaT'ac Anthonv Piasecki City Manager, City of Des Moines Suzette Cook Mayor, City of Kent Brian Wilson Interim City Manager, City of Federai Way Approved as to Form Marcine Anderson Prosecuting Attorney Approved as ta Eorm Mary Mirance-Bartoio City Attorney Approved as to Form Pat Bosmans City Attorney Approved as to Form Tom Brubaker City Attorney Approved as to Form Pat�icia A_ Richardson City Attorney A-Line Fiber Optec Project l9 November 20, 2009 Attachment 1 Project Elements: A-Line RapidRide Fiber Optic Project Element 1(Trunk: State Route 518 to South 216th Street� The installation of a 72-strand fibec tn►nk line with f ber distribution as fo!(o�vs: King Coanty RapidRide: 24 Strands (1-24) i,oca! Agency Communication (City of SeaTac): 24 Strands (2�-48) interagency Communications: 24 Stra�ds (49-72) Etement 2 CTSC Laterals: State Route 18 Street to South 208th Street) The instaliation of i2-strand fiber laterals, from trunk to tra�c signal control cabinets_ Eiemenc 3(Il'S Laterals: State Route 18 to South 20$th Street) The instatlation of i2-strand fiber laterals, from trunk line to [TS cabinets. Element 4(Trunk: South 216th Street to Kent t?es Moines Road) The installation of a 72-stcand trunk line with fiber distribution as follo�vs: King County RapidRide: 24 Strands t-24) Local Agency Communication (Cit� of Des Moines): 2� Strands (2�-48) Interagency Communications: 24 Strands (49-72) Eiement 5�"I'SC Laterals: South 216th to Kent Des Moines Road) The instaliation of 12-strand fiber laterals, from trunk to traffic signa( controi cabinets. Element 6(ITS Laterals: South 216th to Kent Des Moines Road) The iastallation of i2-strand fiber laterals, tiom trunk line to ITS cabinets. Element 7(Trunk: Kent Des Moines Road to South 272nd Street) The installation of a 72-strand trunk line with fiber distribution as follows: King County RapidRide: 24 strands (i-24j Local Ager►cy Communicaqon (City of Kent): 24 strands {25-48� Interagency Commanications: 24 stcands {48-72) Etement 8(TSC Laterals: South 240th Street to South 272nd Street) The installation of 12-strand fiber laterals, from trunk to traffic signal contro� cabinets. Element 9([TS Laterals: South �44th Street to South 272nd Street) The installation of 12-strand fiber taterais, f�om trunk tine to [TS cabinets. Attachment i: Project Elemencs 2fl November 20, 2009 Element (0 (Trunk: South 272nd Street to South 320th Street) �The instaliation of a 72-strand fiber trunk line along Pacific Highway South with fiber distribution as foltows: King Couaty RapidRide: 24 Strands 1-24) Loca( A�ency Communication (City of Federal V1%ay): 24 Strands (25-48) [nteragency Communication: 24 strands (49-72) Element t!(South 320th Street Trunk: Pacific Hi}hwa� South to 25th Avenue South) The instaltation of a 48-strand fiber trunk line alon� South 320th Street with fiber distribution as follows: King County RapidRide: 24 Strands (1-24) Local Agency Communication (City of Federal Way): 24 Strands {25-4$) Element 12 (23rd Avenue South Trunk: South 3lbth Street to South 320th Street) T�e instailation of a 48-strand fibec trunk line a(ong 23rd Avenue South �vith fiber distribution as follows: King County RapidRide: 24 Strands (1-24) Local Agency Communication (City of Federal VVay): Strands {_7�-48) Element i37[TS Laterais: South 276th Street to South 3�Oth Street on Pacific Hi�hway South and South 316th Street and Soutt� 317th Street on 23rd Avenue South) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. Element 14 (TSC Laterals: 20th Avenue South, ?3rd Avenue South, and 25th Avenue South on South 320th Street; and South 316th Street atid South 3 i7th Street on 23rd Avenue South) The instatlation of 12-strand fiber laterals, from trunk t� traffic signal control cabinets. Element I S(Fiber Termination Cabinets) The installation of five (5) fiber termination cabinets at the foilowing locations: State Route 51$, South i 88th Street, South 2 t 6th Street, Kent-Des Moines Road, and South 320th Street Element i6 (Eiber Connections to Fiber Termination Cabinets) The installation o#'a 144-count fiber connection from the 72-count trunk to the termination cabinets (State Route l8, South 188ch Street, South 216th Street, Kent-Des Moines Road, and South �20th Street)_ Element 17 (Eiber Connection to WSDOT at South �20th Street/Interstate Tfie installation of a i2-strand fiber cable from the splice vault at South 320th Streetl2�th Avenue South to the closed circuit television {CCTV) cabinet {CC-0 6) in the south�vest quadrant of the South 320th Streedtaterstate 5 interchange. Attachment 1: Project Etements 21 November 20, 2009 E(ement 18 tFiber Connection to the WSDOT Mini-Hub at State Route i 8 The installation of a l2-strand fiber cabie from the fiber termination cabinet to the WSDOT fiber mini- hub at State Route 5 i 8. ElemenLs Constructed by Others: For a portion of Element l0, (72-strand fiber trunk cabie: South 272nd Street to South 320th Streetj, King Couaty wilt enter into an agreement with the City of Eederal Way. The City of Federai Way wi(i design and instail the portion of this project from Souch Dash Point Road to South 308th Street. The City of Federal Way wili design and construct this work as part of Pacific t-tighway South HOV L:anes Phase IV. Attachment l: Project Eiements 22 Novemt�r 20, 2009 Attachment 2: Fiber Route Schematic A-LINE RAPIDRIDE Fihc:r Routc: Sclrematic �f'w ny�N'iLN,rl CC'll'C:i:n.1 v:.4ftt.W.knn�e V l�i �i.rc-K�a :Sllt.:_��;: .Y� N.....��.n�4r.� FEDERAL WAY :.Ir�..ir. �eqend _._._._._a Trafflc Slgnal Contr011sr 6 CommYnkitbn CibiMl LotAtlon TraRk $IOnM CoM�oUq lxatbn �+.noo ccor.. ��t<.<onn.n aows Izi e.�sa'g Fleer ��t.rconn.a Roa. r! Ezicting Co�MUX for FlDer Rouls (E�npty R") 6t�stlng �IWminnlon ConCUlt Routa (2^) New WnAuM (7") eo.��.nw� ro wsnor n�ne s�sann+.nw� nCT wqe R�ee Fow oo� aoms Alloca0�d n iolbwc: 7�CT qnp Camly Msto RaqdRlOe (flbe�s U2t) 2lCT laesl Ay�ncy Communkstlon (FIMR 2iY) Y4CT Nqardloenry Cpnmunkallews (FMn 19-72) feCT RspM RWa FP�v Optle Rouee I�NOeatstl as FWbw�: 2sCi Kinp Cou�My Msbe RapWRMa (FMms 1-2q i�CT Loeal AgsMY CommuMwqon (FIMrs 75d8� 77GT R►pid Rba FMN Optlt RoY[e Apaeshd �s iolbwr: tICT Irper.Ay�ney Cannectlen to WSDOT (F16era 1•17) OiQAssa!'JSfB6 w.»+�.•,<. Z�-�Y_ r.,.� c'n�a��a a,�,a��n.. f� I i�.. I I I I !_I �F.e�irn-/f��k�.rov. nnn KENT ?iry i�.... Iw+tfF.w�r�fcAo•�NCI\ I.�m• l.n.sl��rry.v� .:1.:�.. i� 3 s .I I I �1__�_I I ._.I. I 1T �m,�.,,: I-in�____�_:�� ;i�� FEDERAI WAY n,�v., i.,�....,i �v.,. c�, n..n c..,�. r ��si x, i= at��„ n,o i� y n v` .T, e S�k 3 3 4 .r •r. ��L �I I,. I. i I. I I J I I I I I I I I� l I I I I I I I. �..a..��__ ..q ...�.p...... �i u u an ror:r�a! ac�MT.a ��nn�� ;..►.�n.�� 'Pih A+X S SEATAC r' �-Nr.. Cnndnil 1 T I Ij I.. l+. r,: ;n,- o��x� DES MOINES Attachment 2: Fiber Rnute Schematic 23 November Z0, 2009 Attachment 3: Fiber Optic Pro,ject Cost Estimate Descri tion Ur�its Subtota! Communication Equipmen# and lnfrastructure LS $1,128,050 Fiber Optic Cable LS $461,900 Tra#fic Controi LS $158,994 �orce Account Conduit Replacement Est $25,000 Force Accoun# Additionai Junc#ion Box Est $5.000 Force Account Subsurface U61i Locate Est $40,000 Sub#ota! 51,898,944 Design AHowance 5% $90,947 Coun -Provided Total Tax is inciuded in this $271,390 Construction Item Totaf $2.181,281 Tax 9°� $171,890 Subtoial $2,353, i 71 Construc6on Engineering 15% $352,976 Construction Co�tingencies 10% $235.317 Cost Between South Dasti Pant Road and Sou#t� 312�' Street {Pac Hwy HOV Phase Vi) Construcfwn Total $54,970 $2,996,434 Attachment 3: Fiber Optic Project Cost.Estimate 24 November 20, 20i?9 Attachment 4: Schematic of Typicat RapidRide Fiber Optic Components A-Line RapidRide Sct�ematic of Typitai RapidRide fiber Optic Components 25iA Ncime Run B F'iber L'ault Fiber Qptit irunk C�le �e� Optic Lateral Cahie Conduii lnduded in the fiber Optic Agreeme�t Demartaticx� Point i ipiiceLase e d 7 RapidRide Cabinet �abine# Attaehment 4: Schematic of Typicai Fiber 2� November 20, 2009 Fiber Optic Components :lttachment Ownership and iblaintenance Responsibilities of Fiber Optic Project Elements Pruject Blemeut Ownership M1lainlenaucr Agcncy Proyurtional Cost 5haring t:lemeut 1(State Route $IS N S 216tl� St): 72-strand fiber trunk cable j King Cuunt�� I:ing County (50%) Interagancy Cummunications: 24 Strands (49J2) Eleme�U3 (Slate Route 518 St to S 208th St): 12-xtranti fiber lateruls, trunk to ti xi�iuJ coa[rulcabiaets Eka�cnt 3(Stnte Rou[e 518 to S 208th Sf): 12-strand fiber laterals, trunk line to cabinels Ekment 5(S 216t1i St ro Kent Des Moines RoaJ): 12-straod fiber lateral�, truok to �City uf Des tralTic sign�l cuntrol cabiuecs Elemnnt 6(S 216Ih St to Kent Des Moines Road): 12-strand fibnr luferals, [runk tine King Count Element S(S 240th St to S 272nd St): 12-strand tiber laterals, trunk to traffic slgnal I City of Kent control cabinets Elemeut 9(S 240th St m S 272ad Stl: l2-strond Ober laterols. trunk to ITS cabiueb Kind Counh Element 10 (S 292ad St to City oFSeaTac (i0°a) City of SeaTac City of SeaTac (100%) King Counry King Counry (100 King County King Counry (50%) Ciry of Ues Moines (50 King County King Counry (50%J Ciry of Kent (50 Kiog Counry I King Cuunry (50%) City of Federal Way (50°/> Ciry of Eederal Way (50 King Counry (SO'Y) Ciry of Federal Way (50%) Eiement 13 (S 276th St to S 320tA St on Pncific Highwey S, und S 31Gth St anJ 5 317tl� I King Counry St on 2Jrd Ave S: 12-strand fiber laterab, truok to ITS cabine[s F.lement 14 (2Uth Ave S, 23rd Ave S, •rnd 2Sth Avn S oa S 320th St; aad S 31fith St aud Ciry of Frder S 3I7th St on 23rA Ave S): I2-strand fiGer laterals, truak m traffic signal control cabinets Eleaunt I S(Fiber Terminatioa Cabinets): Five (5) tiber [erminNNon cabinets at King Couary Stare 2oute 518, S iSBth 54 S 2f 6th St Kent Des Moines Road, and S 320th St Element 16 (Coanections to Fiber Termination Cabinets): 144-count fiber coanecNon King Counry from the 72-count trunk to the terminat{oo cubinets at Siate Rouh 518, S 188th St, S 216tl� St, Krnt Des Moines Road, xnd S 320th St Elemeat 17 (Fiber Cunnectioa to \VSDOT at S 32Uth SUI-5): 12-strand �ber cuble King Coumy from s lice veult xt S 320th Stl23th Ave S ro CC7'V cabinet at 1-5. Element IS (Fiber CuunecHon ta WSDOT at State Route 318): 12-strand fiber cable ti�ng Counry to WSUOT miniJ�ub at Stnte Rouce 518 Attachment S: Ownership and Maintenance Responsibilities 26 irt' fiber Optic Project Elements (100%) I Ciry of Fcdera� Way (50 0� I King Counry King Co�nty (100%) November 20, 20U9 Agreement between the City of Federal Way and King County for the Construction and Implementation of [ntelligent Transportation System Improvements to SuQport the A-Line RapidRide Project This AGREEMENT' is made and entereci into this day of 2009 by and between the City of Federa! Way, hereinafter referred to as the "City," and King County, hereinafter referred to as the "County," both of which may be collectivety referred to as the "Parties." WHEREAS, the King County Ordinance No. 15�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 colie�ted through Transit Now that focus on capital, operating, and maintenance improvements that are expected to expand and improve bus service on tocai streets and arterials within King Caunty; and WHEREAS, one of the programs specifical(y identi�ied in the Transit Now Ordinance was the development and implementation of a b�s rapid tran�it program in five distinct corridors, including new bus rapid transit services connecting the �ukwila internationai Boutevard Link Station and the Federal Way Transit Center; and WHEREAS, the key elements of bus rapid transit include new, low floor, hybrid diesel-electric buses; improved frequency of bus service; improved traffic operations; and transit stations with real time passenger inforrnation signs; and WHEREAS, mutually beneficial contractual arrangements with other public entities that leverage public funds to provicte both new and better bus service to cities employers is a key strategy identified in the Transit Now Ordinance approved by King Counry voters in the genera( election on November 7, 2fl06; and WHEREAS, the County, along with the City of Des Moines, the City of Kent, and ihe City of Federat Wa� developed the Pacific Highway SouthlInternational Boulevard RapidRide Proposai, dateci December 18, 2007 ("RapidRide Proposai") which identified a set of capital improvements to it�prove speed, sa.fety, and reliability of trar�,sit service along the corridor; and WHEREAS, t�e County's bus rapid transit along this corridor is named A-Line RapidRide and the Parties are interested in advancing the implementation of this project; and WHEREAS, the approvecl King County transit capital program inciudes funding to support these investments in traffic signa( sys�ems and communication necessary to icnplement A-Line RapidRide; and NOW, THEREFORE iN CONSIDERAT[ON OF THE MUTUAL PROMISES, COVENANTS AND AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSi�ERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY BOTH PARTIES, THE PARTIES AGREE AS FOLLOWS: Section l. Purpose The purpose of this Agreement is to establish the roles and responsibilities of the Parties regarding the construction the A-Line RapidRide intelligent Transportation Systems (iTS) Improvements (the "A-Line ITS Irnprovements"). The Parties accept the RapidRide Proposal as the guiding document for project design of the Improvements. The A-Line ITS Improvements will be constructed in 2 phases_ Phasel (Phase 1 Improvements) will be designed and constructed by the County. Phase 2(Phase 2 Improvements) wilt be designed and incorporated into Pacific Highway S HOV Phase 4. T'he City shall be resporisible for the design construction of the Phase 2 Improvements S�ction 2. County Responsibilities for Phase 1 Improveme�Es 2.1 The County stiail :be responsible for a(1 work activitt�es required to des�gn, construct, and inspect the Phase 1 Improvemen#s_ A summary of the Phase 1 Improve�tents is provided in Attachment A. The estimated cost for the Phase 1 Imgrovements is $73 �,114. 2.2 The County shall submit to the City plans imp(ementi�g the Phase 1 Improvements for the City's review and appcoval before initiating constr�.iction. The City will have the opportunity to review and provide written comments an `the plans for consistency with the recommended Phase 1 Improvements. The County shaIi submit these ptans to the City in electronic form. 23 The County shali be cesponsibie for the administration of any contracts it enters into for the performance of its responsibilities under this Agreement. The County shait provide the City with qu�rterty progress reports to identify wo�k progress and other matters of significance in t�e performance of this Agreement. Before the issuance of a change order or any acceptance c�f cc�ntrac�r's work, the County shall notify the City and provide the City with the opportunity; to comment on and inspect the work: 2.4 However, neither the City's comments on, nor inspection of, the Phase 1 Improvements canstructed pursua}if this Agreexnent will relieve the County of its responsibiliry for said impravements. 2.5 The County shall develop new traffic signal timing plans for signal coordination and transit signal pciority. consistent with the RapidRiiie Proposai. The City shall r$view and approve the new t�affic signal timing plans. Secfion 3. City Responsibilities for Phase 1 Improvements 3.1 Upc�n noti�cation by the County of completion of the Phase 1 Improvements identifted in Section 2, the City shali review the Phase t Improvements. If the City ftnds that any work does not meet the terms of the fina! plans, specifications, and approved ctiange orders, the City will prepare a punch iist af such items and submit it to the County_ The work shali be promptly corrected by the County at no cost to the City. Notice of acceptance wilt not constitute acceptance of any unau#horized or defective work or materiai_ 3.2 The City shall implement new traffic signal coordination and transit signal priority timing plans consistent with the RapidRide Proposal. The principles for the impiementation and on-going operations of transit signal priority and other signal operation elements are provided in Attachment C. 3.3 The City agrees to permit the County to instail in its trat�c signal controiler cabinets an interface panel that is pre-wired to accept connections to transit priority req�est generator. The interface panel wili i�e jointiy approved and (ocated by the Parties. The foilowing intersections on Pacific Highway South w be equipped with the interface panels: S 276th St S 288�' St S Dash Point Road S 312�' St S 3 i6th St 3.4 The City shall permit the County to instail nevv County-owned Inteiligent �'�ansportation System (ITS) communications and terminate the ITS cabinet power conductors to a new 1 amp breaker installed in the existing service cabinet. Section 4. City Responsibilities for Phase ImQrovements 4.1 The City shall be responsible for all wcark act�vities required to design, construct, and inspect the Phase 2 Improvements. A sucn�nary of the Phase 2 Improvements is inciuded in Attachmerit A_ The cost estimate for Phase 2 Improvements is provided in Attachment B. 4.2 The City shail submit to the County plans irnplementing the Phase 2 Improvements for the County's review a�d approval �ore initiating construction. The County will have the opportunit� to review and provide written comments on the plans for consistency with the recommended Phase-2 Improvements. The City shail submit these plans to the �ounty in electronic €orm. 4.3 The Ciry shali be respo�sibie for ihe administration of any contracts it enters into for the performattce of its responsibilities under this Agreemenc. Before the issuance of a change order or any acceptance of contractor's work, the City shall notify the County and provide the County weth the opportunity to co�nment on and inspect the work. 4.4 The City shalt implement new traffic signal coordination and transit signal priority timir►g pians consistent wit� the RapidRide Proposai_ The principles for the implementation and on-going operations of transit signal priority and other signai operation elements are provided in Attachment C. 4.5 1'he City agrees to install in its traffic signal contro(ler cabinets an interface panel that is pre-wired to accept connections to transit priority request generator. The interface panei witl be jointly approved and located by the Parties. The following intersections on Pacific Highway South wiii be equipped with the interface panels: S 304�' St S 30$�' St 4_6 The City shall pemut the County to instalt n�w County-owned Inteltigent Transpottation System (ITSj communications ar�d terminate the ITS cabinet power conductors to a new I S amQ breaker installed in the existing service cabinet. Section 5. County Responsibi(ities for Phase 2 Improvemeuts 5.1 Upon notification by the City of the completion of the Phase 2;Iitnprovements, the County shalt review the Phase 2 Improvements. If the County �inds that'�y work does not meet the terms of the final plans, specifications, and ap�ved change orders, the County will prepare a punch list 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 witl not cQnstitute acceptance of any unauthorized or defective wQrk or mat�al. �.2 However, neither the County's comments on, nor inspeetion of, the Phase 2 Improvements constructed pursuant to this Agreement wiil relieve the City of its responsibi�ity for said improvements. �_3 The County shall develop new traffic signal ti�€ing p�ans faT signal coordination and transit signal priority consistent with the RapidRide Pr.a{�osai_ The City shai( review and approve the new t�affe signat timing ptans Section 6. Fiber Optic Cable Instatled on Pacific Highway South and on S 320 St 6_ 1 Wrth the Phase l Impr�vements; the Caunty shall instali a 72-count fiber cable on Pacific Highway S as a gart of the �i-Line ITS Improvements. This cable size wiil provide future communication c�city wI�ich could be used by the local agencies for other purposes. 6.2 Wittt the Phase 2 Imprt>vemen#s, the City shall instal! a 72-count fiber cable on Pacific High�vay S as a part a�the A-Line iTS Improvements, in addition to a City-owned 24- count fiber cable_ This.�able size will provide future communication capacity which could be used by the �cal agen�ies for other purposes. The distribution of the fiber discussed in Sec��iis 6_ 1 and b.2 is as follows: 6.3 communication capacity which cauld be used by the City local agencies for other pucposes. The distribution of the fiber is as follows: 4 With the Phase 1 Improvements, ttte County shall instail a 48-count fiber cable on S 32fl�' St as part of the A-Line ITS improvements. This eable size uvill provide future Metro Rapid Ride I 24 strands Cit} of Federal Way Communications 1 24 strands 6.4 Concurrent tivith this Agreement, the Parties will enter into a separate Fber optic project agreement to estabiish the terms and conditions for the ownership and maintenance of the 72-count fiber cable and the 48-count fiber cable_ 6.5 The City shall percnit the County to use city-owr�ed conduit in arder to route the fiber optic cabte assaciated with the A-Line I`t'S [mprovements. 6.5 The City and County will work jointty to encourage WSDOT to c,nmplete a 24-count fiber connection between Federat Way City Hal� and the intersectic�n of Pacific Highway and S 320`� Street by June 10, 2010 to facititate RapidRide commurtications. The distribution of the fiber is as follows: Section 7. Financing 7.1 Total Project Budge� The total project budget for Phase 1 and Phase 2 improvements is $828,916. County Contribufiet� for Phase 2 Improvements [nstalled by the City_ Upon completion of the Phase -2 Improvements, the Gty will invoice the County for the actual cost of this work_ The Co�tnty 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 Coun#y Contribution €or King County Road Services Performed Work_ The Counry wili pay for the work performed by King County Road Services for work perforrned on behalf of the City in direcc support during the construction and acceptance of ti�e Phase 1 and Phase 2 Improvements. The County will arrange for King County Road Services to bill the A-Line ITS Project directly for this work_ The estimated budget for King County Road Services work is $10,000. Section S. Schedule 8.1 1'he scheduled date to beain construction of the Phase t Improvements is January 1 201 Q. 8.2 1fie scheduled date for compietion of the Phase 1 Improvements is Juiy 3 i, 2010. 83 The scheduled date for beginning RapidRide service is June 12, 2014. $.4 The scheduled date to begin construction of the Phase 2 Improvements is February 2011 8.5 The scheduted date for comptetion of the Phase 2 Improvements is November 2fll 1 Section 9. Ownership and Maintenance of Compieted Improvements 9.1 The A-tine ITS Improvements to existing City-owned conduit, junction boxes, and traffic signal control equipment shall become the property of the �ity upon their completion and final acceptance. The sepazate, concurrent agreement oct the te�s and conditions for the sharing of fiber opttc installation projects will establish ihe ownet�l�p and maintenance responsibilities for the 72 strand and 48 strand fiber optic cables_ Section i0. Insurance and Indemnification 10.1 Insurance Requirements for Phase 1 Improvecnc�ts:'1� the County uses a contractor to pecform work under this Agreement, after taking inta account the scope of work and services which may be performed by its contractor(s), the-County shall require that the County's contractor maintain Commercial General Liability, Pro€essionai Liabitity if professional services are required, Autornobi�e Liability insurance, Statutory Workers Compensa.tion, Employers Liabi(irylStop and ot�er insurance as may be required with prudent limits of liability as established by a County risk assessment. t0.2 Any such contractor insurance specified in Subsection 10. shall insure the County, its contractor, and the City and its officers, officials, agents and employees against ioss arising out of or in co�nec�ion vuith activities, performed in furtherance of this Agreement by the County's contrac�or. Contractar's generai and automobiie liability insurance and other liability insurance may be required shall inc(ude the City and its officers, officials, agents and employees as an additional insured and shal( contain standard separation of insureds �anguage, 'The County's contractor's insurance shall be prirnary to and not coniributi�g with any insurance or self insurance that may be carried by the City. 103 Insurance Requiremeots for Phase 2 Improvements. If the City uses a contractor to perform work under this Agreement, after taking into account the scope of work and services which may be performed by its contractor(s), the City shalt require that the City's contractor maintain Commercial General Liability, Professionai Liability if professional services are required, Automobile Liability insurance, Statutory Workers Compensation, Employers Liability/Stop and other insurance as may be required with pcudent limits of liability as established by a City risk assessment. 10.4 Any such contractor insurance specified in Subsection 10.4 shal! insure the City, its contractor, and the County arid its officers, officiats, agents and employees against toss arising out of or in connection with activities, performed in furtherance of this Agreement by the City's contractor. Contractor's general and automobiie liabitity insurance and other liabi(icy insurance as may be required sha(1 inctude the County and its ot�cers, officials, agents and employees as an additional insured and sha(1 contain standard separation of insureds language. �I'he City's contractor s insurance shail be primary to and not contributing with any insurance or self insurance that may be carried by it►e County. 10_� Indemnification and Hold Harmless_ To�the maximum extent permitted bv law, each Party shalt protect, defend, indemnify and save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in cannection with, or incident to the services associated with this Agreement caused by ar resulting from each Farty's own negligent acts or omissions. Each Party agrees that-it is fut[y resporisibte for the acts and omissions of its own subcontractors, their employees and age�Es, acting within the scope of their empioyment as such, as it is for the acis and omissions af its own employees and agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifieally and express(y intended to constitute a waiver of each Party's immunity under Washington's Industria( Insurance Act, RCW Title l, as respects the oiher Party only, and only to the extent necessary to provide the indemnified Party �vith a fuil and complete indemnity of claims made by the indemnitor's employees. T'he Parties acknow that these provisions �-ere specifically negotiated and agreed upon by them. Each Party shall require similar indemnification language ir� all Agreements with subcontractors entered into in conjunction with this Agreement. 11. Effective Date and Term of Agreement This Agreement shall take e�fect upon the tatesi date on which one of the Parties executes this Agreement, and shal( continue unless terminated pursuant to the terms of this Agreement. 12. Agreement Ter�ni�ation Either Party may terminate tt�is Agreement in the event that the other Party materially breaches tius Agreement. Written notice of such termination and a description of the breach must be given via eertified mail by the Party terminating this Agreement to the other Party not less than sixty (60) days prior to the date of termination. The breaching Party shatl be given this sixty days in which to cure its �naterial breach. if the breaching Party fails to cure �vithin sixty days, the Agreement is immediately terminated. Upon termination, the Parties shall determine finat costs and payments to be made by each Party. 13 Entire Agreement and Amendments 13.1 Entire Agreement. This document contains a!1 terms, conditions and provisions agreed upon by the Parties hereto, and sha(i not be modified except by cti amendrnent_ 13.2 Amendments. Except as otherwise provided for in this Agreement, arnendments may be made to this Agreement within the previous(y approved budget or other applicable authori#y for and on behalf of the City by its City Manager, and for and on behalf of the County by its General. Manager of the Transit Divisian and shall be in writing and executed by such duly authorized representative of each Party. No variation or alteration of the terms of this Agreement shall be valid �nless made in writing and signed by authorized representatives of the Parties hereto_ 14. l�Totifcatian and Identification of Contacts 14.1 Notice. Any notice or communication required or permitted to be given pursuanc to this Agreement shail be in writing, and shatl be sent postage prepaid by U.S. Mail, retum receipt requested, to the contact persons and addresses identified in'Subsection 14.2 of this Agreement unless otherwise indicated by the Parties in writing: 14.2 Contact Persons and Addresses. T'he contact persons for ihe administration flf this Agreement are as foltows: City of Federal Way Rick Perez, PE City T'raffic Engineer City of Fedzral Way P.O. BoK 97 i 8 Federal Way, VVA 98U63-9718 King County, Metro Transit: 15. Dispute Resolution Process Dauid Cantey°, Transit Speed Reliability 201 S Jackson Street KSGTR-0411 Seattle, Washington 98104-38�6 (2Ub) 684=b794 The Parties, through their designated repcesentatives identified in Subsection 14.2 of this Agreement, shall use: t�eir best efforts to resolve any disputes pertaining to this Agreement that may arise between the. Parties. If these designated reQresentatives are unable to resolve a dispute, the responsible Project Directors of both Parties shatl review the matter and attempt to resotve it. If they are unable to resolve the dispute, the matter shall be reviewed by the department directors of the Parties or their designees. The Parties agree to exhaust each of these procedurai steps before seeicing to resolve disput�s in a court of law or any other forum. 16. Records Retention and Audit During the progress of the Work and for a pe�iod not less than three years from the date of compietion of the Work or for the retention period required by law, whichever is greater, records 8 and accounts pertaining to the Work and accounting therefore are to be kept avai(able by the Parties for inspection and audit by represeniatives of the Parties and copies of ali records, aceounts, documents, or other data pertaining to the Work shalt be furnished upon request. Records and accounts shall be cnaintained in accordance with applicab(e state law and regulations. 17. Comptiance with Applicable Laws The Parties agree to comply with all appiicable federal, state, and locat laws, rules, and regu(ations, including those pertaining to nondiscrimination, and agree to require the same of any subcontractors providing services or performing any of the Work using funds provided under this Agreement. i8. Legal Retations 18_ 1 No Partnership or Joint Venture. No joint v�nture, agent-principal reta�ions�ip or partnership is formed as resuit of this Agreemen�: No empl�yees or agents of one Party or any of its contractors or subcontractors shall be d�emed, or represent themselves to be, emp(oyees or agents of the other Party. 18.2 l�to T6ird Party Beneficiaries. It is understaod and agreed that this A�reement is sole(y for the benefit of the Parties hereto and giues no;right to any other person or entity_ 18.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent o€ the other Party. 18.4 Binding on Suceessors and Assigns. This Agreement, and all of its terms, provisions, conditions, and covenants, together with any exhibits and attachments now or hereafter made a part hereof, shali be binding on the Parties and their respective successors and assigns. 18.� M�tuat Negotiation and Construction. This Agreement and each of the terms and provisions hereof shali be deemed to have been explicitly negotiated between, and mutua(ly drafted by both Parties. 18.6 Waiver of �efault. VVaiver of any defautt shall not be deemed to be a waiver of any subsequent default; as suci�, faiiure to require full and timely perfarmance of any provision at any time shall not waive or reduce the right to insist upon corr►plete and timety performance of any other provision thereafter_ Waiver of breach of any provision of this Agreement shail not be deemed to be a waiver 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, signed by du(y authorized representatives of the Parties, and attached to the original Agreement_ 18_7 Applicable Law. This Agreement shail be governed by and construed in accocdance wiih the taws of the State of Washington. 0 18.8 Jurisdiction and Venue. The King County Superior Court, situated in Seattte, Washington, shall have exctusive jurisdiction and venue over any legal action arising under this Agreement. 18.9 Rights and Remedies. The Parties' rights and remedies in this Agreement are in addition to any other rights and remedies provided by !aw_ 18_1Q Severabiiity. If any provisions of this Agreement are held invalid by a court of competent jurisdiction, the remainder of the Agreement shali not be affected thereby if7such remainder would then continue to serve the purpc>ses and objectives originally contemplated by the Parties. iS.l 1 Entire Agreemenk Tlus Agreement embodies the P�rties' entire understanding and agreement on the issues covered by it, ercept as may be supplemented by subsequent written amendment to this Agreement, and suQersedes any prior negotiations, representations or draft agreements on this matter, either vvritten or oral. 18.i2 Survivai_ Each of the provisions of this Section i8 s[�all survive any eKpiration or termination of Agreement. 19. Execation of Agreement Counterparts This Agreement may be executed in twa {2) counterparts, either of. which shall be regarded for all purposes as an original. IN WITiVESS WHEREOF, `fhe Parties hereto have executed this Agreement on the date indicated under their signatures_ KING �OUNTY DEPA�`�lU1ENT OF TRANSPORTATION METRO �`RANSIT DIVISIQI�t CITY OF FEDERAL WAY By: Kevin Desmond, General Manager Dated: APPROVED AS TO FORM: sy: Senior Deputy Prosecuting Attorney By: Brian Wilson, tnterim City Manager Dated: APPROVED AS TO FORM: Patricia Richardson, City Attorney 10 I�ated: Dated: il Attachment A A-Line ITS Improvements PHASE i[MPROVEMENTS Cost of Financia! Ptaa Improvements Count Ci i insta8 new [TS cabinets at si nalized intersections. $T 1, i i� $731, t l4 -0- 2 The followitig intersections on Pacific Hi�hway S wiil be equipped for I'SP and include ail of the required communications hardware: S 276�' Street S 288` Street Dash Point Road S 304'� Street S 308'� Street S 3 (2'� Street S 316' Street 3. Instali arttennas and wiretess access points as indicated on the desigt► drawings. [nstali fiber termination panel and Ethemet swiich in each [TS cabinet 4. instai! fiber termination panel in the traffic controtler cabinet at the fotlowing intersections: S 320�' Street and Pacific Highway S S 320'� St and 20`� Ave S S 320�` St and 23` Ave S S 320`� St and 25"' Ave S S 3 i6'� St and 23` Ave S S 317�' SL and 23`d Ave S Instali vautts for fiber s iicic� and cable storaae. 6 instal( ftber fiom 25�' Ave S io the WSD�T CCTV cabinet at I-5. 7. Upgrade Type 1 junction boxes to Type 2 junetion boxes to accommodate the Ebec cabte as indicated on the �lesi drawin�s_ S, install sm�11 sections of new conduit at S 272 Street and Pacific Highway S, S 320'" and Pacific Highway S, and S 320'� St'.a�d 25 Ave S_ 9. DeveloQ and 'utsta[l new traffic signal timing to support corridor si al coordination and transit sigr►al riority Sebtotal $731, l i4 $73 i, i 14 -0- PHASE 2 IMPROVEMENTS 1. tr�stal! approximately 7,OOO�eet of fit�er cable beiween $97,802 $97,802 -0- Dash Point Road and S312 St. 2. [nstall vaults for fiber s licin and cable stora�e Subtotai $97,802 $97,802 -0- Totai $828,916 $828.916 -0- i2 Attachment B Phase 2 Improvements ff s y Descri tion Units QU�t��Y t1niY Price Sub Total Des" n KPG. inc_ Lurr� sum breakdown of construcction item: "TRANSlT SiGNAL PRIORITY SYSTEM, COMPLETE" Conduit, PVC, 2 in, Sch 40 LF 1 �-d $95.00 $2,250 Splice Vauit, 25TA EA �•fl $3,fl00.00 $6,OU0 Powerbar, rackmoun#ed EA 2 0 $50_00 $100 Antenna Cabie, CATSe LF 2 0 $5-0� $�,000 RapidRide Communication Cabinet, 336A EA 2 0 $5,900_00 $10,220 Fiber Optic Cable, 12 Count LF ��-Q �•�fl Fiber O tic Cable, 72 Count LF 58 �=Q $6-00 $35,8UU Item Subtotal $54,970 Traffic Control Items Traffic Control Supervisor Fiaggers and Spotters Other Temporary Tra�c Controi'* Sequential Arrow Sign Traffic Control Subtotai Construction Sub#otai CoRShuction managemenf (i2.5°!0) Constructio� Totaf Project Subto#al Project Admir�istration {5%)` Pt�ase Z Total HR HR LS HR 4U $60.00 40 $48.00 0_015 $250,000.00 40 $5_00 $2,400 ,920 $3,750 $200 $8,270 $63,240 $7,90� $71,145 5 days/340 working days $93,145 $4,657 $97,802 13 Attachment C Principles for the Implementation and Ongoing Operation of Transit Signal Priority Projects and Ali Other Signal Operations Projects in Support of A-Line RapidRide l. The Parties recognize that it will be necessary for the City to update signal timings in response to changing traffic conditions. 2_ The City agrees to re-evaluate and comprehensiveiy update signal timings along the corridor at least once every 3 to 5 years. City updates wili include an anaiysis of transit signal priarity (TSPj settings and modifications_ The County wiil fund the initial signal timings ir►stalled by the A-Line RapidRide ITS Improvemenis. 3. The City agrees to make a good faith effort to sustain the travel ti�ne advantage for transit along the corridor that is at least equal to what was achieved vrrith the initial TSP installation. 4. The Parties have established a goal of providing TSP for $0% of all Rapid�tide 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 Traf�ic Engineer who will have responsibility for the operation of al! TSP intersections in the City_ If the City cantracts for its traffic engineering services, it will inciude this wo�k in its contract. T'he ciry employee or the approved city representative will be the primary liaison between the City and King County Metro_ The Parties commit to work together to maintain and improve the operation of TSP as on ongoing element of the City's traffic signal system. 6. The City agrees to notify I�ing County Metro anytime it retimes or significantly adjusts siana.l timing along the corridor: In these instanees, the Parties agree to cooperate in the deveiopment ofsignal timing and transit signai priority parameters in order to maintain or improve TSP operations. 7. The Parties agree to: jointly prepare and issue an annual TSP evaluation report. 8. The Parties have agreed that the signal timings and TSP settings for the initial TSP installations and ail other signal related improvements will be the same as or very ciose to what was s�li�itted with the Proposai. The description of TSP tier ievel that is associated with the initial timing proposal will be used as a guide for any refinements or modifications made at ihe time of implementa.tion_ Z'ier l: With Tier 1, the green times for the non-transit movements are truncated by 1�- percent or less of the programmed phase split time_ This approach provides a minimal amount of travet ticne savings for transit, but also has virtually no impact to general purpose traffic_ 14 Tier 2: Tier 2 will shflrten 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 attempts 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 €ollows: 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, ,�t is assumed that up to 25% of the total phase split 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 `i'SF. LOS E or F: If the conflicting phase has a level of service E or F, it assumed that only.l0% to 15% of the total phase spl�t could be ailocated to TSP. Tier Two is similar to the level of TSP curr�ntly usec� by King County Metro on its TSP corridors. Tier 3: Tier Three represents an approach whereby tl�e non-transit movements are shortened to the minimum green tim� allowable for each phase. Tier Three provides a timing strategy that maximizes tratasit delay reduction whi�e 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 o�itted in arder to transition to the TSP phase as quickly as possible. Tier Four ievel af �riority is similar to the priority strategy typicaliy used for light rail service. 15 Att�chment 5: Ownership and Maintenance Responsibilities of Fiber O�tic Project Elements Project Element Ownersl►ip h1:�inten.�nce Agency Pruportion:tl Cust Sharin Element 1 State Route 518 to S 216th St 72-strand fiber trunk csible King Cuunty King Counry (50%) Kin l Count Ra idRide 24 Strands I-24) Kin Coun City of SeaTac (50%) Cit ui' SeaTac Communication 24 Strands 25-48 Cit of Se�Tac lntera �enc Comtnunications: 24 Strands (49-72 Kin Count Element 2(State Route 518 St to S 208th St): 12-str�nd fiber latersils, trunic to truffic City of SeaTac City of SeaTac City of SeaTac l00%) si nal control cabinets F;lement 3(St�te Route 518 to S 208th St): 12-strand Cber laterals, trunk line to ITS King Counry King County King Counry (100%) c�binets Element 4 S� Ibth St to Kent Ues Moines Road 72-strnnd fiber tru��k cable King County Kin�; County (50%) I<in Count Ra idRide: 24 Strands (1-24) Kin Count City of bes Moines (50%) Cit uf Des Moines Communication 24 Strands 25-48 Cit of Des Moines Intera enc Communications: 24 Strands 49-72 I<in Count Element 5(S 216th St to Kent Des Moines Road): 12-strand tiber IAterals, trunk to City of Des Moines City of Des Moines City of Des Moines (100%) traftic si n�il control c:�binets Element 6(S 216th St to Kent Des Moines Road): l2-strand fiber later:�ls, trunk line King Counry King Counry King County (100%) to ITS cabinets Element 7 Kent Des Moines Road to S 272nd St 72-strand fiber trunk ¢able King County King County (50%) Kin Coun 12a idRide: 24 strands 1-24 Kin Coun City of Kent (50%) Cit of Kent Communication: 24 strands (25-48 Cit of Kent Intera enc Communications; 24 strands 49-72 Kin Coun Element 8(S 240th St to S 272nd St): 12-strand fiber laterals, trunk to traffic signai City of Kent City of Kent City of Kent (100%) control cabinets Element 9 S 24Uth St to S 272nd St 12-strand fiber later�is, trunlc to ITS c:►binets Kin Coun Kin Coun Kin Coun 100% Element 10 S 272ud St to S 320th St 72 strand trunk c:�ble King County King Counry (50%) Kin Coun Ra idRide: 24 Strands 1-24 Kin Count City of Federal Way (50%) Cit of Federal Wa 24 Strands 25-48 Cit of Federal Wa lntera enc Communication: 24 Strands 49-72 Kin Coun Element 11 Pacific Hi hwa S to 25th Ave S: S 320th St 48-strand fiber trunk cable King County King County (SO%) Kin Coun Ra idRide: 24 Strands 1-24 Kin Coun City of Federal Way (50%) Cit of Federal Wa Communication: 24 Strands 25-48 Cit of Federal Wa Element 12 S 316th St to S 320th St 23rd Ave S 48-strand fiber trunk cable King County King Counry (SO%) Kin Coun Ra idRide: 24 Strands (1-24 Kin Coun City of Federal Way (SO%) C:it of Federal Wa Commui�ication: 24 Strands (25-48 Cit ofFederal Wa Element 13 (S 276th St to S 320th St on Pacific Highw:iy S, and S 31Gth St and 5 317th King Counry King Counry King Counry I OU%) St on 23rd Ave S: 12-strand fiber later�ls, trunk to IT5 c:ibinets Element 14 (20th Ave S, 23rd Ave S, and 25th Ave S on S 32Uth St; and S 316th St and City of Federal Way City of Federal Way City of Federa! Way S 317th St on 23rd Ave S): 12-strnnd fiber laterals, trunk to traffic signal control (100%) cabinets Element 15 (Fiber Termination Cabinets): Five (5) fiber termination cabinets nt King County King County King Counry (100%) St�te Route 518, S 188th St, S 216th St Kent Des Moines Road, and S 320th St Element 16 (Connections to Fiber Termination Cabinets): 144-count tiber connection King County King County King Counry (100%) f'rom the 72-count trunk to the terminatfon cabinets at State Route 518, S 188th St, S 21Gth St, Kent Ues Moines Road, and S 320th St Element 1? (Fiber Connection to WSDOT at S 320th St/I-5): 12-strand fiber cable King Counry King County King Counry (50%) from s lice vault at S 32Uth St/25th Ave S to CCTV cabinet at I-5. City of Federal Way (SO%) Elemeot 18 (Fiber Connection to WSDOT �t State Route 518): 12-strand �ber cable King Counry King County King Counry (100%) to WSllOT mini-hub at State Route 518 Attachment 5: Ownership and Maintenance Responsibilities 26 November 20, 2009 ot' Fiber Optic Project Elements Attachment 2: Fiber Route Schematic 1 1 1 Fiher Route Sc12et�ic�tic Legend 7raffic SYgna1 Controiler CommunicaRton Cabinet Locatlon Traffic signa� co'►t.oaer t.nca�w, Existi�,g copper �ntercoo„ea aout� (�"3 Exisang Flae� trnercoaneet Rouce (2"� Ezisting Conduk for Fiber Route {EmpLy 2"j ExisUng NiumirtaUon Conduit Route (Z°) New ConduR {2") Ca�nection to WSDQT Traffte BusDerstNetv�olk DA�.4SSOC%3�14S :u• Hwe:D+aw�+i4+snattoscate 72CT Rapid Rkle F� Opfic Route anocacee ag �aww�: 24CT King Goueiy 11�tro RapidRide {F�ers 1-ZC� ?AC7 locai Agency Communicalion {Fibers 25-48j 24CT kNer-Ageocy CommunlcaHoas (FMrers d9-72� 48CT Rapid Ride F�er Optic Route ANocaLed as FoNows: 2aCT Kir�g Cau„ty RAetro RapidRide (F�ers 1-Z4) Z4CT Locai Agency Commuaication (Ptbers 25-4Sj 12CT Raptd Rfde F�er Optic Route Alloeated as Foflows: t2CT IMerJ►g@acy Connectioa to WSDQT {F�ers 1-�2j Z ^��L�l \env f'nnd�iit "k c•t n o I _1� I .��'�:J L.,:.�s�"��'— �I Y .tr_, tai,��-cnr,u o. r<.); C'untiez�lic,rt tn IL`SLX �l�flf[ 1 }F1_' i'.� J t -i` u •4 f t +iK I n ;s; ve <r laa#zr�ruz:it�n�:l3e "—r �n SEATAC tiex Condiait-, v; i l: 'J� Vi r i. KENT ef f c �r I �r.�� A �'x `f o. P" Xi r •r i-:: \�':i C V FED�RA�. WAY •n �.dS� Y�IdVE•tll«4-�4 �'{U1r �a3Ilc' CA?ILS�fUf.hVIT R f r: „�:.r: P.�_•,r t, ,r,-�••,v. 't 'J'i il' u1 �f: c v c`� r: f. l �.��I 1 _.I I e rw .��nnn ZSrh �,z.� 5 _'3 'J S �r r. ��..��_J� P F 1 FEDERAL VItAY tiee. i J �r 0 (�zrt�hc i fi �+r;<ray �auti� UES MOIMES t_txuiw.tiit� u� W4iJCYT I CCll' L'.�bi�nt !-g>fi.T.r-lir,sr,r p f �L'h' �JllalAlL t P -`rjr .+=x ti:•�vC'��:iuir �:t:i_q; z y .ie• a C:<,nn�.ti•?nti, tcatric CStts€rr iii f��i3trr.yl ltia�. Cirti Ei3ii ;i S Attachment 2: Fiber Route Schematic 23 November 20, 2009 COUNCIL MEETING DATE: December 15` 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM ,Q..• SUB.TECT: Adaption of a Resolution approving and confirming the special assessment roll for Lake Management District Number 2 for North Lake. PoLICY QUESTION: Should the Council adapt a Resolution approving and confirming the special assessment roll for Lake Management District Number 2 for North Lake and repeal the original Resolution (09-561) because no public hearing was held on October 6�`, 2009. Col�i1�IITTEE: N/A CATEGORY: Consent Ordina�ce 1VIEETING DATE N/A 0 Public Hear�ng City Council Business Resotution Other STAFF REPORT BY: William Appleton, P.E., Surface Water Manager EPT: Public Works Dan Smith Wate� Quality Pr�ar� Coordinator Attachments: Proposed Resoiutior� ap}�roving and confir�ing tl�e spec�al assessment roll fo� Lake Management District Number 2 for North Lake ancl repeaiing Resolution 09-561. Optio�s Considered: 1. Approve the attac�ed. Resoiution approvmg and con�'irm'ing the special assessment roll for Lake Manageme�t District Number 2 for North Lake and repealing t�e original resoiution (09-561) 2. Modtfy the amended Resoiut�on and provide direcrion to staff. STAFF RECOM1wIENDATIUN: Staff recommends Option 1 �i�Y 1VIANAGER A�FROVAL: Q. W' "'�I c Comi�tittee Council CONIIVIITT'EE RECOIV�MEN�ATION N/A DiRECTU�i AP�ROVAL: f/rn ec�rnmittee Council Linda Koch�nar, Chair Jim Ferrell, Mcx�ber I7i�i Duclos,lvlember PROPOSEI) COUNCIL MOTION: "7 move to adopt the Resolution approving and con�rnzing the special assessment rodl for Zake Management Distr•ict Number 2 for North Lake and repeuling Resolution 09-561. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COi7NCIL ACTIOPT: D APPROVED COUNCIL BILL DENIED 1sTreading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLVfION RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND CONFIRNIING THE SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE. WHEREAS, on September l, 2009, the Council of the City of Federal Way adopted Ordinance Na 09-622 creating a lake management district known as North Lake Management District Number 2 ("District"); and WHEREAS, notice and hearing requirements for establishing the roll of rates and charges for the District pursuant to RCW 36.61.120 and RCW 36.61.140 have been satisfied; and WHEREAS, Ordinance 09-634, set a new public hearing date of December 15, 2009 for the purposes of hearing objections to the assessment roll proposed for the North Lake Management District Nttmber 2; and WHEREAS, Resolution 09-561 was adopted and hereby repealed because no public hearing was held on October 6, 2009 as called for in the resolution; and WHERBAS, the City of Federal Way conducted a public hearing on December 15, 2009 for the purpose of hearing objections to the assessment roll proposed for North Lake Management District Number 2; and WHEREAS, after consideration of the assessment roll, the City Council has determined to order the roll confirmed as presented; Resolution No.09- Page 1 of S NOW, THEREFORE, THE CITY COLTNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section l. Assessment Roll Confirmed and Approved. The City Council of the City of Federal Way hereby confirms and approves the special assessment roll attached hereto as Exhibit "A" and by this reference fully incorporated herein. A copy of the assessment roll shall be filed with the City Clerk. Section 2. Method of Payment. Collection of the assessment shall be pursuant to RCW 36.61. Rates and charges for the North Lake Management District No. 2 shall be included in King County's local improvement district tax statements. The total amount of the North Lake Management District No. 2 rate and charge shall be due and payable on or before the 31 day of May and shall be delinquent after that date. Payments received after the due date will be subject to a simple interest charge of 12 percent per annum (or 1 percent per month). Section 3 Notice A. In accordance with the procedures set forth in RCW 36.61.190, the City shall cause to be published in a newspaper of general circulation in the lake management district a notice indicating that the special assessment roll has been confirmed and that the special assessments are to be collected. B. Within ten (10) days of such publication, the City shall mail notice to each owner or reputed owner of property whose name appears on the special assessment roll of the annual special assessment due. Resolution No.09- Page 2 of S Section 4. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereta Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City CounciL RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 15�' day of December, 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Resolution No.09- Page 3 of S APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No.09- Page 4 of S EXHIBIT A North Lake Management District Number 2 Assessment Roll Resolution No 09- Page 5 of S WDFlN PuWlc Boat Launeh c a�.�al�r1 1��u�l �T x STATEOFWPSHINGTONDOT POBO%4]338 O�YMPIA WA 98509 t521099T01 2]0,)91 381 54000VACANT,RESIOEMIA�L R58.8� AMn: REr1LE3TATE5EiNICES C�UNCIL 1WIEETING DATE: December 15, 2009 ITEM C� CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SETTLEMENT AGREEMENT REGARDNG CINDY ROQUE POLICY QUESTION: SHOULD THE CITY COUNC[L APPROVE THE SETTLEMENT AGREEMENT REGARDING C�NDY ROQFJE? eOMMITTEE: N/A CATEGORY: Consent City Councit Business STAFF REPORT BY: STEPHEN Ordinance Resolution ATTORNEY FOR CITY MEETING DATE: Public Hearing Other DEPT: Law In May 2009, Ms. Cindy Roque filed a lawsuit arising from her emp(oyment termination as the Municipal Court Services Supervisor. 1fie trial was set for November 20t0. The complaint filed by Ms. Roque did not specify the amount of damages, however, her claim for damages filed in February 2009, claimed $500,000. Per the agreement of the parties, mediation was conducted on December 4 through Washington Arbitration and Mediation Services. The City was represented at mediation by its own outside legal counsel, attorney Stephen DiJulio and attorney Mark Bucklin, and by Reed Hardesty on behalf of WCIA (the City's insurance carrier). The parties agreed on a proposed settlement of $80,000, and costs of the mediation to be paid by the City. Additionalty, the City IVlanager will issue a letter to Ms. Roque. The City's insurance carrier will pay for the sett(ement. Options Considered: 1. Approve the proposed settlement regarding Cindy Roque. 2. Request WCIA reconsider the proposed settlement regarding Cindy Roque. f �J STAFF RECOMMENDAT[ON: Option 1 CITY MANAGER APPROVAL: CITY OF FEDERAL WAY Committee COMMITTEE RECOMMENDAT[Olv: .��,7�� 7 D[RECTOR APPROVAL: Council Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of Option 1" {BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACT[ON: APPROVED COUNCIL B[LL DENIED l reading TABLED/DEFERRED/NO ACTION Enactment readi� MOVED TO SECOIYD READING (ordinances only) ORDINANCE RE V ISED 02/06J2006 RESOLUTION COUNCIL MEETING DATE: December 15, 2009 CITY COUNCIL AGENDA BILL ITEM �j SUBJECT: PROPOSED SETTLEMENT AGREEMENT REGARDNG RAMONA DENSER POLICY QUESTION: SIIOULD THE CITY GOUNCIL APPROVE THE SETTLEMENT AGREEME1�iT REGARDI1�iG RAMONA DENSER? COMMITTEE: N/A CATEGORY: 0 Consent City Council Business Ordinance Resolation STAFF REPORT BY: PATRICIA RICHARDSON, CITY ATTORNEY MEETING DATE: Public FIearing Other DEPT: Law In October 2009, Ms. Ramona Denser filed a lawsuit arising from a vehicle collision Ms. Denser had with a city employee on December 19, 2006. Based on police reports, it appears that the city employee left his lane of travel and struck Ms. Denser's vehicle, which was travelling in the opposite direction. Although there has not been a determination that there was negligence on the part of the city employee, it appears that Ms. Denser did not contribute to the cause of the accident. The complaint filed by Ms. Denser did not specify the amount of damages, but included medical care and treatment, property damage, loss of use of vehicle and attorney's fees. Ms. Denser had previously requested $50,000.00 in her claim for damages. T'he proposed settlement of $19,500 was reached with Ms. Denser's attorney in an attempt to resolve this case before either side spends significant resources in litigating the case. The proposed agreement specifically dces not admit any liability on the part of the City. Options Considered: 1. Approve the proposed settlement agreement regarding Ramona Denser. 2. Reject the proposed settlement agreement regarding Ramona Denser. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: CITY OF FEDERAL WAY Committee COMMITTEE RECOMMENDATION: �I DIRECTOR APPROVAL: Council Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MDTION "I move approval of Option 1" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1sT reading TABLED/DEFERRED/NO ACTION Enactment readi� MOVED TO SEGOND READING (ordinances only) ORDINANCE RE V ISED 02/06/2006 RESOLUTION RELEASE OF ALL CLAIMS SETTLEMENT AGREEMENT 1. RELEASE For the consideration of $19,500.00, I forever release City of Federai Way, "John Doe" Employee and their attorneys, agents, employees, subsidiaries and assigns, and any and all other persons or entities for whose conduct they may be liable or for whom they may be contractually obligated to provide liability insurance ("Parties Released"), from all claims and causes of action, which may ever be asserted by the undersigned, their executors, administrators, successors, assigns, or others, whether such claims or causes of action are presently known or unknown, which in any way arise out of the facts stated in the complaint in Pierce County Superior Court Cause No. 09-2-14753-7. This release is intended to cover any and all future injuries, damages or losses not known to the parties to this agreement, but which may later develop, or be discovered and shall be binding on my actual or any possible heirs, executors, administrators and assigns. The undersigned acknowledges that she has accepted the above- referenced consideration as fult compensation for all injuries, damages and losses (past, present and future, known or unknown) which were or ever could be claimed in connection with the above referenced lawsuit. The undersigned warrants that no promise or inducement has been offered except as herein set forth and that this release is executed without reliance upon any statement or representation by the Parties Released or their representatives concerning the nature and extent of the injuries, and/or damages, and/or legal liability therefore. Z. 1NDEMNIFICATION FOR SUBROGATION AND UEN CLAIMS The undersigned acknowledges that all known subrogation and {ien claims arising out of contract or under state or federal law, including but not limited to, any known subrogation or lien claims of the undersigned's health care providers, insurance carriers, the Department of Labor and Industries, #he Department of Social and Health Services, and any federal agency or programs such as Medicare, Medicaid, Veterans Administration or federal workers compensation program, are the sole and separate obligation of the undersigned which the undersigned agrees to pay or otherwise resolve. The undersigned further hereby covenants to defend, indemnify and hold harmless the Parties Reieased from and against all such lien and known subrogation claims, including all costs and attomey's fees incurred in the defense of such claims. The Parties Released retain the right to monitor the defense of any such claim or action. 3. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT The undersigned warrants that no other person or entity has or has had any interest in the claims or causes of action referred to in this Release of Afl Claims Final Settlement and that the undersigned has the sole right and exclusive authority to execute this Release of All Claims Final Settlement and receive the sums specified in it. The undersigned shall defend and indemnity the Parties Released should any other �person claim to have an interest in the cfaims and injuries described in this Release of All Claims Final Settlement. 4. GOVERNlNG LAW This Release of All Ciaims Settlement Agreement shall be construed and interpreted according to the laws of the State of Washington. 5. DELIVERY OF DISMISSAL WITH PREJUDICE Concurrently with the execution of this Release of All Claims Settlement Agreement, counsel for the undersigned has delivered to counsel for City of Federal Way and "John Doe" Employee an executed Dismissal with Prejudice of the civil action described above. Plaintiff has authorized her attorney to execute this dismissal on her behalf and hereby authorizes counsel for the City of Federal Way to file said dismissal with the court and enter it as a matter of record. 6. DENIAL OF LtABILITY This agreement expresses the fuil and complete settlement of al! liability claims. Liability for such claims is expressly denied by the Parties Released. Regardless of the adequacy of the above consideration, the acceptance of this release shall not operate as an admission of liability on the part of the Parties Released. 1 HAVE 'READ THE FOREGOtNG RELEASE OF ALL CLAIMS SETTLEMENT AGREEMENT AND FULLY UNDERSTAND IT. DATED this day of 2009 at WA. RAMONA E. DENSER STATE OF WASHINGTON ss. COUNTY OF THURSTON On this day personally appeared before me Ramona E. Denser, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2009. �Signature� �Print Notary's Name) Notary Public in and for the State of Washington, residing at My commission expires: COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL A�ENDA BILL ITEM SUB.TEC1': Employment Agreements POLICY QUESTION: SHOULD THE CITY COUNCIL AUTHORIZE THE MAYOR TO EXECUTE EMPLOYMENT AGREEMENTS WITH THE INTERIM CITY MANAGER AND THE DIRECTORS IN AN EFFORT TO STABILIZE THE WORKFORCE THROUGH THE TRANSITION TO AN ELECTED MAYOR? COMMITTEE: N/A CATEGORY: Consent City Council Business Ordinance 0 Resolndon MEETING DATE: Public Hearing Other STAFF REPORT $Y: PAT RICHARDSON, CITY ATTORNEY DEPT: Law Attachments: Staff Report Proposed Employment Agreements Options Considered: l. Approve the proposed employment agreements and authorize the Mayor to execute said documents. 2. Modify the proposed employment agreements. 3. Reject the proposed employment agreements. STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: �)�/dI� DIRECTOR APPROVAL: r� Committee Council Committee Councii COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUPICIL AC7'ION: APPROVED COUNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordi»ances only) ORDINANCE REVISED— 02/06/2006 RESOLUTION Ni CITY ATTORNEY'S OFFICE MEMORANDUM DATE: DECEMBER 8, 2009 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, INTERIM CITY MANAGER FROM: PATRICIA RICNARDSON, CITY ATTORNEY 1"' SUBJECT: STAFF REPORT EMPLOYMENT AGREEMENTS A request was made to draft employment agreements for Brian Wilson, Interim City Manager, and all directors. The purpose for the employment agreements is to provide stability in the Ciry's leadership during the transition period for the change of government, with the recognition that the elected mayor may terminate the employment relationship at any time. The basic terms of all the pxoposed employment agreements are: 1. The Employee will continue to provide leadership in continuing to perform the current functions and duties. 2. The transirion period is defined as: the present through the certification of the election, the mayor's assumption of office, and one (1) year beyond. 3. The salary will remain for the transition period, but may be adjusted for budgetary reasons. 4. If the elected mayor chooses to terniinate the employment relationship when there is no misconduct, the employee will receive a lump sum payment of any remaining compensation outstanding under the agreement. The proposed agreement for Brian Wilson has additional tertns: l. Mr. Wilson becomes the City Manager/Police Chief from the present to the certification of the election and assumprion of office. Z. When the elected mayor takes office, Mr. Wilson will return as Police Chief for one (1) year beyond. 3. He is eligible for a sabbatical, which approved for July 2010. 4. The City will contribute to a 401A Deferred Compensation Plan for Mr. Wilson in accordance with past city manager employment agreements. The directors identified for the employment agreements are: Bryant Enge, Financial Services Administrator; Cary Roe, Director of Parks, Recreation and Cultural Services/Public Works; Greg Fewins, Director of Community Development Services; Mary McDougal, Director of Human Resources; Mehdi Sadri, Director of Information Technology; Pat Richardson, Ciry Attorney; Patrick Doherty, Director of Economic Development; and Tho Kraus, Director of Finance. K:\agenda\council\2009\employment agr staff report 2 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FEDERAL WAY, a Washington municipal corporation ("City") and Brian Wilson("Employee"} for professional services to be provided. A. The Federal Way City Council recognizes the hard work and dedication of Brian Wilson; and B. The Federal Way City Council recognizes that there is a transitional period with the change in the form of government to the Mayor-Council; and C. The Federal Way City Council recognizes that period before the mayoral election is brief, and recognizes that his tenure as Interim City Manager has already been for eight months; and D. The Federal Way City Council believes that it is in the best interest of the City for Brian Wilson to continue leading the City in a more permanent role as City Manager pending the certification of the election and assumption of office by the elected Mayor on or about December l, 2010; and E. The Federal Way City Council recognizes that Brian Wilson should be compensated similarly to a City Manager in the form of deferred compensation; and F. The Federal Way City Council recognizes that Brian Wilson is eligible for a sabbatical, and believes that he should take it; and G. The Federal Way City Council recognizes that Brian Wilson may be seeking employment opportunities elsewhere; and H. The Federal Way City Council recognizes that it is in the bes� interest of the City to maintain the leadership for a period of time; and I. The Federal Way City Councii desires to maintain a stable workforce during the transition period and offered other employees an agreement to continue their employment for one year after the elected Mayor assumes office; and J. The Federal Way City Council recognizes that Brian Wilson could not continue in the role of City Manager and desires to offer Brian Wilson the time frame for an employment agreement similar to other employees; therefore, the Federal Way City Council desires to return Brian Wilson to the position of Chief of Police, with salary ana benefits for that position, upon the certification of the election and the elected Mayor's assumption of office for one year on ar about December 1, ZO11; and K. The Federal Way City Council recognizes that Brian Wilson is ac#ing in a dual capacity and his position title should be City Manager/Police Chief; and L. The Federal City Council desires to enter into an employment agreement with Brian Wilson to memoralize all of the above; and M. Brian Wilson desires to enter into this employment agreement; and N. Both parties recognize that the elected Mayor has the authority to hire and fire City employees upon assumptian of office. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Employment Agreement. A. Positions. In exchange for continuing through the transition period, the Federal VJay City Council hereby agrees to employ Brian Wilson as the City Manager until the certification of the election and the Mayor assumes office on or about December l, 2010, and then as Chief of Police for one year on or about December 1, 201 I B. Sabbatical. Brian Wilson is eligible for a sabbatical, which has been scheduled for July 201 Q, before the change of government with pending mayoral election occurred. The Federal Way City Council hereby grants Brian Wilson his sabbatical in July 2010. 2. Term. A. Effective Date. The effective date of Brian �1Vilson's appointment to continue as City Manager commences with the execution of this document. When the election is certified and the Mayor assumes office, Brian Wilson will return as Chief of Police for one (1) year on or about December l, 2011 and will remain unless the elected Mayor determines otherwise. B. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Brian Wilson to resign any time, in accordance with Section 11.6 of the Employee. No further payrnents under this contract shall be paid to Brian Wilson pursuant to Section 4(B) in the event of such resignation. 3. Sa1ary and Benefits. A. Salary. The salary will remain in accordance with the Employee Guidelines and budget documents. B. Salary Adjustment. If applicable, shall be in accordance with the City Council's budgetary direction, which could include a decrease. 2 C. 401 A I�eferred Compensation Plan. On behalf of the City Manger, the City agrees to contribute up to One Thousand Eight Hundred and Thirty-three Dallars ($1,833.00) per month into the ICMA 401A Deferred Compensation Plan allowed under the Internal Revenue Code. D. Benefits. Shall continue with any adjustment to be the same as offered other City employees. 4. Termination. A. Contract Payment. If the elected Mayor terminates the employment relationship, or Brian Wilson is asked to resign, or otherwise end employment at the request of the elected Mayor, the City Council agrees to pay a lump sum cash payment equal to the remaining months of salary under the transition period. B. Forfeit Contract Payment. Should termination result because of gross negligence, improper conduct/behavior which is not in the best interest of the City, dishonesty, embezzlement, theft, or conviction of a felony, a crime of moral turpitude, or a material breach of the duties described, Brian Wilson forfeits any rights under this Agreement. 5. Entire Agreement. The text herein constitutes the entire agreement between the parties and supersedes and other agreements or understandings, oral or written, which may exist. This Agreement may only be amended when reduced to writing and signed by both parties. IN WITNESS WHEREOF, the City Council of the City of Federal Way, by majority vote on has authorized this Agreement to be signed and executed on its behalf by its Mayor, duly approved by its City Attorney, and attested by its City Clerk. CITY OF FEDERAL WAY MAYOR, JACK DOVEX ATTEST: City Clerk, Carol McNeilly, CMC 3 APPROVED AS TO FORM AND CONTENT: City Attorney, Patricia A. Richardson EMPLOYEE Brian Wilson, City Manager/Police Chief K:\CM\elected mayor\employment agr\Brian Wilson Sample Aqreement for Directors EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FEDERAL WAY, a Washington municipal corporation ("City") and Bryant Enge ("Employee") for professional services to be provided. A. The Federal Way City Council recognizes the hard work and dedication of Bryant Enge; and B. The Federal Way City Council recognizes that there is a transitional period with the change in the form of government to the Mayor-Council; and C. The Federal Way City Council recognizes that employees may be seeking employment opportunities elsewhere; and D. The Federal Way City Council recognizes that it is in the best interest of the City to maintain the leadership for a period of time; and E. The Federal Way City Council desires to maintain a stable workforce during the transition period and desires to encourage stability via this employment agreement; and F. The Federal Way City Council determines that the transition period is calculated to be from the present to one year after the certification of the election and the Mayor assumes office on or about December 1, 2011; and G. The Federal City Council desires to enter into an employment agreement with Bryant Enge for the transition period; and H. The Bryant Enge desires to accept employment for the transition period; and I. Both parties recognize that the elected Mayor has the authority to hire and fire City employees upon assumption of office. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Employment Agreement. In exchange for continuing through the transition period, the Federal Way City Council hereby agrees to employ Bryant Enge as Financial Services Administrator of the City for the transition period described above to continue in the leadership role performing the functions anci duties specified in the Federal Way Revised Code and/or current job description. 2. Term. A. Effective Date. The effective date of Bryant Enge's appointment as Financial Services Administrator commences with the execution of this document and continues to on or about December l, 2011(one (1) year after the certification of the election and the Mayor assumes office. After the transition period Bryant Enge will remain as Financial Services Administrator unless the elected Mayor determines otherwise. B. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Bryant Enge to resign any time, in accordance with Section 11.6 of the Employee Guidelines. No further payments under this contract shall be paid to Bryant Enge pursuant to Section 4(B) in the event of such resignation. 3. Salary and Benefits. A. Salary. The salary will remain in accordance with the Employee Guidelines and budget documents. B. Salary Adjustment. If applicable, shall be in accordance with the City Council's budgetary direction, which could include a decrease. C. Benefits. Shall continue with any adjustment to be the same as offered other City employees. 4. Termination. A. Contract Payment. If the elected Mayor terminates the employment relationship, or Bryant Enge is asked to resign, or otherwise end employment at the request of the elected Mayor, the City Council agrees to pay a lump sum cash payment equal to the remaining months of compensation under the transition period. B. Forfeit Contract Payment. Should termination result because of gross negligence, improper conduct/behavior which is not in the best interest of the City, dishonesty, embezzlement, theft, or conviction of a felony, a crime of moral turpitude, or a material breach of the duties described, the employee forfeits any rights under this Agreement. 5. Entire Agreement. The text herein constitutes the entire agreement between the parties and supersedes and other agreements or understandings, oral or written, which may exist. This Agreement may only be amended when reduced to writing and signed by both parties. 2 IN WITNESS WHEREOF, the City Council of the City of Federal Way, by majority vote on has authorized this Agreement to be signed and executed on its behalf by its Mayor, duly approved by its City Attorney, and attested by its City Clerk. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: City Cierk, Carol McNeilly, CMC APPROVED AS TO FORM AND CONTENT: City Attorney, Patricia A. Richardson EMPLOYEE Bryant Enge, Financial Services Administrator K:\CM\electedmayor\employmentagr\Bryant Enge COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM 8. d SUBJECT: RESOLUTION FOR NUISANCE ABATEMENT AT 29811 MARINE VIEW DR. SW POLICY QUESTION: Whether the Council should authorize Staff to pursue a warrant of abatement in Superior Court to abate nuisances occurring at 29811 Marine View Dr. SW. The Federal Way Municipal Court has ruled that the nuisances consisting of junk and improperly parked vehieles violate City code yet the nuisances remain. In order for the City to remove the nuisances, a Superior Court order is required. COMMITTEE N/A CATEGORY: Consent City Council Business ►1' Ordinance Resolution MEETING DATE: Public Hearing Other STAFF REPORT BY: Peter Beckwith Assistant Cit� Attorney DEPT Law Attachments: Resolution authorizing abatement proceeding in Superior CouM Options Considered: 1) Approve the proposed resolution that authorizes Staff to seek a warrant of abatement in Superior Court to abate the nuisances occurring at 29811 Marine View Dr. SW. 2) Do not approve the proposed resolution. STAFF REGOMMENDATION: Option 1 CITY MANAGER APPROVAL: I^i�'�a i�l�"_ DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member :PROPOSED COUNCIL MOTION(S): "1 move approval of Option 1. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL AC'I'ION: D APPROVED COUNCIL BILL DENIED i reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/06/2006 RESOLUTIOPi I i s s CITY ATTORNEY'S OFFICE MEMORANDUM DATE: DECEMBER 8, 2009 TO: C1TY COUNCIL MEMBERS CC: BRIAN WILSON, INTERIM CITY MANAGER FROM: PETER BECKWITH, ASSISTANT CITY ATTORNEY Cv SUBJECT: RESOLUTION TO ABATE THE NUISANCES AT 29811 MARINE VIEW DR. SW The City has received numerous nuisance complaints over the years regarding the condirion of the property located at 29811 Marine View Dr. SW. The alleged nuisances consist of various commercial vehicles, machinery, tractors, construction debris and miscellaneous junk that are stored on the properry. Past attempts by the City to achieve voluntary compliance have been met with iimited success but never full compliance and never to the satisfaction of the neighboring property owners. Recently, the City has been unable to obtain any cooperarion from the property owner. In 2005, the City issued a norice of violation for commercial vehicles on the property. On appeal, the City's Hearing Examiner affirmed the notice of violation and ordered the property to be brought into compliance. From City records it appears that at that rime the property owner met with the City and took some correcrive actions. However, in 2008 after receiving additional complaints, the City again inspected the pxoperty and determuied that the commercial vehicle violations had returned, there was junk, an oversized RV, and vehicles parked in required yaYds (setbacks). Infractions for these violations were issued to the property owner and a hearing was held in the Federal Way Municipal Court. At the hearing the infractions were found to have been committed and the Municipal Court issued the property owner a fine of $700 dollars. The property owner appealed the Municipal Court's decision to Superior Court, which upheld the decision earlier this year. Since then thexe has been no evidence that the properry owner has attempted to bring the property into compliance and the City continues to receive nuisance cornplaints from neighbors. Staff is seeking authoriry from Council to obtain a court order from Superior Court that authorizes the City to go onto the pxoperty to remove the nuisances. The proposed resolution would authorize Staff to procee<i. K:\agenda\council\2009\12-15-09 staff report Garnei RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, Authorizing City Staff to Abate Violations of the Federal Way Revised Code Occurring at 29811 Marine View Dr. SW. WHEREAS, the City has received citizen complaints regarding alleged violations of the Federal Way Revised Code ("Code") occurring at 29811 Marine View Dr. SW. ("Propert}�'); and WHEREAS, City Staff has determined that several Code violations related to junk and vehicles exist on the Property and issued infractions to the Property owner for the violations; and WHEREAS, at the infraction hearing the Federal Way Municipal Court ruled that these Code violations exist on the Property; and WHEREAS, the Code violations have not been corrected and remain on the Property; and WHEREAS, the City is authorized by State law to abate Code violations by seeking a warrant of abatement in Superior Court; NOW THEREFORE, THE CITY COUNCIL OF THE eITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. City Staff is authorized to pursue legal action in Superior Court to abate all Code violations that exist at 29811 Marine View Dr. SW. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Resolution No. 09- Page 1 of 2 Rev 3/09 Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereta Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 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 COUNCIL: RESOLUTION NO.: K:�reso12009\garner 29811 marine view dr nuisance abatement Resolution No.09- Page 2 of 2 Rev 3/09 COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL TTEM S SUS.TECT: Rectangutar Rapid Flashing Beacons on S 324�' Street (Belmor Park Pedestrian Improvementsj POLICY QUESTION Should Council approve the installation of Rectangular Rapid Flashing Beacons on S 324'� Str�t at Be(mor Park and 17`� Avenue S? COMMITTEE Land Use and Transportation Committee CATEGORY: Consent Ordinance City Council Business Resolution MEETING DATE: December l, 2409 Public Hearing Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works At the November 2, 2009, Committee meeting, the Commit#ee requested staff review t�e history of the Rectangular Rapid Flashing Beacons (RRFB's) installed at BPA Trail and SW 356�` Street for applicabitity to address pedestrian crossing concerns on S 324"' Street at Belmor Park. Attaehment: Memorandum to Land Use and Transportation Committee dated December 7, 2009. OpNons Considered: l. Transfer the remaining fund balance from the BPA Trail at SW 356�' Street project to a new "Citywide Pedestrian Crossing Improvements" project, and instali Rectangular Rapid Flashing Beacons on S 324`� Street at Belmor Park and at 17�' Avenue S as welt as other locations identified by staff. 2. Do not install Rectangular Rapid Flashing Beacons on S 324�` Street and provide direction to staff. STAFF RECOMMENDAT[ON: Staff recommends Option l. q J CITY MAIYAGER APPROVAL:.(,/��'1� W a DIREC'['OR APPROV Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the December 15 2009 City Council Consent A�enda for annrovaL l"1 Chair Member Dini Duclos, Member PI�POSED COUNC—�. MOTION ""I m e o transfer the remaining fund balance from the BPA Trail at SW 356`" Street project to a new "Citywide edestrian Crossing Improvements project, and install Rectangular Rapid Flashing Beacons on S 324`" Street a1 Belmor Park and at 17` Avenue S as well as other locations identified by staff. (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: APPROVED DENIED TASLED/DEFERRED/NO ACTiON MOVED TO SECOIVD READING (ordinances ontyJ REVISED 02/06/2006 COUNCiL BILL i reading Enactment reading ORDINANCE RESOLU"CiON CITY OF FEDERAL WAY MEMORANDUM DATE: December 7, 2009 TO: Land Use and Transportation Commit#ee VIA: Brian Wilson, Interim City Manager FROM: Rick Perez, P.E., City Traffic Engineer SUBJECT• Rectangular Rapid Flashing Beacons on S 32� Sireet (Belmor Park Pedestrian Improvements) BACKGROUND: At the November 2, 2009, Committee meeting, the Committee requested staff review the history of the Rectangular Rapid Flashing Beacons (RRFB's) instailed at BPA Trail and SW 356"' 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 installation of an RRFB at this location. If this project were successful, staff would continue with implementing simi(ar instaliations, using the funding from the BPA Trail crossing project. The RRFB was installed on June 15, 2049. No pedestrian collisions 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. Staff's concern that an increase in yielding to pedestrians might increase rear-end collisions has not been realized_ As such, staff considers the RRFB installation successful in improving pedestrian comfort in crossing SW 356�' Street without 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 insta.11 RRFB's at the locations original(y identified as well as other locations identified tfirough a prioritization process yet to be completed. Having previously evaluated the �edestrian safety issues on S 324�` Street, staff proposes installation of RRFB at two locations 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 collisions of about 1 every 2 or 3 years. Based on the history of the BPA Trail at SW 356`� Street project, staff estimates each instailation would cost approximately $30,000, atthough staff proposes to use King County to procure and install the devices, which staff beiieves could reduce fina( project costs. As such, staff would not be returning to Council for bid awards, as procurement costs would be tess than $20,000 for each installation_ Attachment: 1. LUTC memo dated June 20, 2445. 2. LUTC memo dated November 2, 2009 cc: Project File Day File �f�acl�men� 1 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: V[A: June 20, 2005 Land Use and Trans�oRation Committee David H. Moseley; City Manager FRnM: Rick Perez, P.E., City Traffic Eagineer SUBJECT: Belmor Park Safety lmprovements POL[CY QUESTION: i What improvenients sliould be constructed to improve pedestrian safety at Belmor Park? BACKGROUND A pedestrian fatality occurred on January 2005 on S 324 Street at the entrance of Belmor Park. Betmor Park reside��ts presented the City with a petition requesting additional street lighting, rep(acement of the "handicap waming" signs with crosswalk warnin� signs with flashing amber beacons, ai�d a"pushbutton-activated traffic light". [t is unclear if the latter is a Qroposal Por a pedestrian signal or tnerely a pedestrian-activated flasher_ Staff has respotufed with the repiacement of the handicap warning signs with f]uorescent yeitow greei� pedestria�► warnings signs, and the instailation (now underway) of a street light at each side of S 324'�' Street at the crosswalk. We also collected turning movement counts (including pedestrian crossings) at the entrai;ce to Belmor Park and speed data on S 324`� Street. Collision history since 1997 was also reviewed. Stafi'reviewed several guidance documents for ameliorating pedestrian colGsions. Particularly usefui is the latest guidance from Federal Highways Administration, which updates research on pedestrian collisions and lists pedestrian countermeasures in order of preference. Staff wiil also be �neeting with management of tl�e Coinmons to review these alternatives and staff recomenciations. OPTIONS 1. Pedestr+an ReFuge isiand 2. Pedestrian Signat 3. "I'ra�c Signal 4. Raised Crosswalk Positives Negatives Reduces pedestrian crossing distance to 24 Costs $10,000 18,000 feet at time in one direction oniy Reduces eastboiand direction on S 324'�' Creates two-way left-turn iane between Street to one tane. 17`�' Avenue S and 23` Avenue S, Eastbound buses block single lane ac improving driveway access to the Commons bus stops Belmor Park Improves pedestrian safety [mproves pedestrian safety I,sss vehicle coliisions than pedestrian signai Reduces vehicle speeds improves percentage of vehicles yielding to pedestrians Costs $5,000 Increases coilisions for vehicles Costs i 50,000 Does not meet federai guidelines for si�nal ii�siallation Increases collisic�ns for vehicles Costs $250,000 Does not meet federal guidelines for signal instaltation Coi�trary to function as minor arter+al Disruptive to transit K:�tUTC\20t15�06-2U-fl5 8eta�or Park Safety Improvements.doc 5. Oversize signs Costs $500 Provides perception of i�nproved safety 6. Mast Arm Provides perception of improved safety moui�ted sigiis 7. Flashing Provides perception of improved safety Yeiioiv Beacons 8. !n-par•ement Some studies show a short-term safety Fiashers improvement Staff Recommendation: No proven benefit Costs $7000 No proven benefit Costs I b,000 No proven benefit Costs $22,000 High maintenance cost No Qroven long-term benetit Authorize option 1 to provide a pedestrian refuge island and restripe S 324"' Street, converting tfie eastbound inside lane to a two-way left-turn lane. Committee Recommendation: Forward option 1 tc� the July 19"' City Council Cor�sent Agenda. AI'PI�OVAL OF COMMITTEE REPO.itT: Jacl� Dovey, Chair u 11y[ichaet Park, Member Eric Faison, Member K:�LUTq2005�Ob-20-05 Belmor Park Safety Improvemerits.doc CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 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 merr►o, outlining the issue and alternatives considered. To summarize, one fatal pedestrian collision occurred in 2005, prompting Belmor Park residents to petition the Council to instalt additional street lighting, flashing amber beacons with updated warning signs, and a traffic signal inctuding pedestrian actuation. Staff reviewed coilision history and vehicular and pedestrian volume data in proposing the recommended actions, which included the instatlation of improved street lighting, replacement of handicapped warning signs with fluorescent yeilow 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 lane, and the instaiiation of a pedestrian refuge istand. Council approved the staff recommendation on Juty i9, 2005, and the improvements were installed by the end of 2005. In addition, Poiice installed a speed reader board on S 324`� Street eastbound approaching the Belmor Park entrance. Coliision history since this installation has been reduced by 50%. Comparing the collision history of the segment of S 324` Stree� between 17' Avenue S and 23` Avenue S from three years prior to installation (2002-2004) to three years following installation {2006-2008), the number of reported collisions dropped from eight to four. Although no further action appears warranted at this time, both the Belmor Park and 17` Avenue S pedestrian crossings were noted as potential future locations for the irrstallation of Rectangular Rapid Flashing Beacons. Staff wil�( provide an analysis of our pilot project at BPA Trail at SW 356` Street for these devices in early 2010, once 2009 collision data has been processed. Attachment: 1. LUTC memo dated June 20, 20fl5. cc: Projeci Fiie Day File COUNCIL MEETING DATE: December I5, 2009 ITEM.#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT Timeline for Transition to Mayor-Council Form of Government POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED TIMELINE FOR THE TRANSITION TO MAYOR-COUNCIL FORM OF GOVERNMENT, WHICH SETS THE SPECIAL MEETING DATES IN 2010? COMMITTEE: N/A CATEGORY: Consent City Council Business STAFF REPORT BY: PAT RICHARDSON Ordinance Resolution MEETING DATE: Public Hearing Other DEP'i': Law T'he discussion at the Special City Council Meeting at 6:00 may modify the proposed Timeline for the Transition that is in the packet. Attachments: Proposed Timeline for the Transition to the Mayor-Council Form of Government. Options Considered: 1. Approve the proposed timeline for the transition with the special meeting dates. 2. Modify the proposed timeline for the transition with special meeting dates. STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: Committee COMMITTEE RECOMMENDATION: N/A �S APPROVAL: C"�I/� Council Committee Council Committee Chair Committee Member Committee Member PROPOSED COLJNCIL MOTION: `7 move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: O APPROVED COUNCIL BILL DENIED 1 reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED— 02/06/2006 RESOLUTION PROPOSED SPECIAL MEETINGS* TRANSITION MAYOR-COUNCIL FORM OF GOVERNMENT January 5, 2010 January 19, 20I0 February 2, 2010 February 16, 2010** Council Authority Duties/Mayor Authority Duties Chief Administrative Officer Process for Setting Mayor's Salary Campaign Contributions in the Federal Way Revised Code (Effective date most likely May 2010) Discuss salary for elected mayor March 2, 2010 Roles and Relationship between Mayor and Council a. Staff Relations b. Council Delegate authority to Mayor c. Purchasing Policies d. Settlement of Claims e. Set Council Meeting Agendas f. Council committees appointments, etc. g. Appointments to various regional committees/boards h. Boards/entities created via interlocal agreemex�t {SCORE, Valley Com) i. Rules of Procedure j. Code of Ethics April 6, 2010 April 20, 2010 June After certification of the election City Departments Federal Way Revised Code (Effective date after mayoral election certified) Appointed Positions -Federal Way Revised Code (Effective date after mayoral election certified) Candidate filing set by King County Elect Deputy Mayor More special meetings may be necessary if the subject matter warrants further discussion This special meeting would be necessary in the event City Council does decide to set the salary for the elected mayor. K:\cm\elected mayor\proposed transition timeline PROPOSED TRANSITIQN TIMELINE FOR ORDINANCES AND RESOLUTIONS January 19, 2010 F'ebruary 2, 2010 February 16, 2010 March Z, 2010 March 16, 2010 Apri16, 2010 May 4, 2010 May 18, 2010 First reading ordinance regarding Mayor/Council authority duties; Chief Administrative Officer Second reading ordinance regarding Mayor/Council authority duties; Chief Administrative Officer *First reading ordinance modifying Salary Commission autharity (mayor) *Second reading ordinance modifying Salary Commission authority First reading ordinance regarding campaign contributions Second reading ordinance campaign contributions *First reading ordinance elected mayor's salary *Second reading ordinance elected mayor's salary Resolutions regarding Council Rules, purchasing policies First reading ordinance City departments and appointed positions Second reading ordinance City departments and appointed positions K:\cm\elected mayor\proposed ord timeline COUNCIL MEETING DATE: December 15, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUS.TECT: Assignment of Purchase and Sale Agreement for former AMC Theaters site from United Properties to Lander Korus. POLICY QUESTION Should the City Council approve the proposed amendment to the Purchase and Sale Agreement, assigning the development agreement to Lander Korus, Inc.? COMMITTEE N/A CATEGORY: Consent City Council Business Ordinance Resolution MEETING DATE N/A Public Hearing Other STAFF REPORT BY: PATRICK DO DEPT C ITY MANAG Attachments: Staff report and associated attachments; Proposed amendment to the Purchase and Sale Agreement, assigning the Agreement to Lander Korus, Inc. Background: See attached staff report. Options to Consider: l. Approve the assignment of the Purchase and Sale Agreement with United Properties to Lander Korus, Inc., and authorize the Interim City Manager to execute the amendment assigning the Agreement to Lander Korus, Inc. 2. Reject the proposed amendment of the Purchase and Sale Agreement. STAFF RECOMMENDATION: Option 1. CITY MANAGER APPROVAL: Committee COMMITTEE RECOMMENDATION N/A Committee Chair ��f p� DIRECTOR APPROVAL: Council Committee Member coinmittee Committee Member 3., PROPOSED COUNCIL MOTION: "I move to approve Option (BELOW TO BE COMPLETED BY CI7'Y CLERKS OFFICE) COUNCIL ACI'ION: APPROVED COUNCIL BILL 0 DENIED I reading TABLED/DEFERRED/NO ACTION Enactment readi� MOVED TO SECOND READING (ordittances only) ORDINANCE REVISED— 02/06/2006 RESOLUTION CITY OF Federal Way CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: December 15, 2009 Ci Council B an Wilson I Ci Mana er l a �Y g Patrick Dohert mic Developm t Director Report on Pot ntial Assignment of Purchase and Sale Agreement with United Properties for Former AMC Theaters Site to Lander Korus, Inc. Former AMC Theaters Site and Property Disposition The former AMC Theaters site was purchased by the City in January of 2007. A Request for Qualifications (RFQ) for redevelopment of the former AMC Theaters site was issued on March 12, 2007, with submittals due April 9, 2007. Seven submittals were received. Three respondents were selected to present proposals in response to an RFP. Two finalists submitted proposals on 6/18/07: United Properties of Vancouver, BC and Alpert Capital, Ltd., of Seattle and Dallas. On 7/3/07 the City Council deliberated and selected United Properties. On 12/4/07 the City Council approved a Purchase and Sale Agreement, including development covenants, that was executed on 12/11/07. The closing date esta.blished in that Agreement was set as 9/11/08. At their 7/17/08 meeting the City Council granted an extension to the closing date until 9/11/09 in consideration of the financial credit crisis and substantial downturn in the housing market. United Properties was required to deposit into escrow $150,000 to cover up to one yeaz of the City's additional financial carrying costs on the site. On 9/10/09 the City Council met in a special meeting to consider a request by United Propertie� for an additional extension until 11/4/09 for the purposes of negotiating an assignment of the Agreement to Lander Korus, Inc., a Korean-American development corporation, who became aware in August 2009 of the opportunity to purchase the site and negotiate assume the Agreement. City Council granted that closing date extension to allow for this potential assignment of the contract, while also stating that it would pursue its right, pursuant to Section 13.13 of the Agreement, to conduct due diligence on the proposed assignee and approve or deny the proposed assignment of the Agreement accordingly. Memo to Council, 12/15/09 Amendment to Agreement re Former AMC site Page 2 of 3 Lander Korus, Inc. Lander Korus, Inc., was established in 1997 in Seoul, Korea, under the mana.gement of its chairman, Mr. Chan M. "David" Chung, currently a resident of Edgewood, Washington. Mr. Chung has served as planning director, project management director and/or owner of several real estate development companies in Korea since 1984. The atta.ched prospectus contains samples of Mr. Chung's projects, ranging from highrise multifamily to resort communities to single-family residential. Most recently Lander Korus has secured land use approval for a midrise live-work office suites building in Palisades Park, New Jersey. In para11e1 to the "Symphony" project, Lander Korus is also pursuing a joint venture with developers of an up to $1 billion LEED-certified planned resort community 10 miles north of Helena, Montana. City staff have spoken to city officials in Palisades Pazk, NJ, as well as a representative of the Montana project to confirm these activities. Lander Korus is a small company yet has financial and working ties to very large equity and development partners in Korea and elsewhere in Asia, such as Nonghyup, Golden Bridge, Kyobo Insurance in Korea, and Landing Group and INPEX Capital in Hong Kong. While these companies are capitalized by up to several billion dollars in their own right, when financing a real estate development project, they routinely back up their capita.l with infusions of additional investment from even larger multinational corporations, such as Hyundai and Samsung, who also are able to perform the overall project development through their large construction divisions. More specifically, Lander Korus has negotiated an up-front investment contract for $20 million with the Seoul International Business Company (SIBC), a financial entity whose sole function is to pool equity for investment into different kinds of development projects in Korea and abroad. Recently the SIBC has invested in Mongolia in public-private partnerships aimed and financing large infrastructure projects, such as an airport and other government facilities. This initial capital infusion will a11ow Lander Korus to purchase the site, pay United Properties for its contract-assignment-related expenses, and provide working capital to get the development project started. While Lander Korus has successfully negotiated a substantial up-front investment from SIBC, they continue to negotiate towazds full project financing with Nonghyup (English name: National Agricultural Cooperative Federation), a large agribusiness corporation with banking, financial and investment services. While Nonghyup's primary business is an agribusiness cooperative, providing the largest amount of financing for agricultural investment in Korea, its subsidiaries include NH Bank, which has received the highest credit rating in Korea from the S&P and Moody's and Fitch, being well recognized in the international finance market. NH Bank counts total assets of up to $300 billion, with Memo to Council, 12/15/09 Amendment to Agreement re Former AMC site Page 3 of 3 equity of approximately $12 billion, per their 2008 annual report. It is through NH Bank that Nonghyup provides equity for large development projects, such as this. Symphony Project Lander Korus responded to this opportunity precisely because the "Symphony" project, as planned and designed by United Properties and their architects, embodies their vision of the kind of large-scale, highrise, mixed-use development they wish to pursue in Federal Way. It is their express intent to continue to develop a project that achieves this vision. Nevertheless, it is quite likely that Lander Korus will seek some site plan modifications and design changes to the currently configured "Symphony" plan and design, most notably a potential reduction from four towers to two or three, potentially with the compensatory measure of somewhat greater height. In so doing, this could open up the site plan to accommodate even larger public park area. No site plan or design changes have been offered at this time, and Lander Korus recognizes that the City must approve any such changes, a process that would ensue after closing on the property, if requested. Per the existing contract, less substantial changes in site plan and design may be approved administratively, while proposed changes of greater scope and substance must be approved by the City Council. In either case, City Council will be fully apprised of the continuing design and development process. Summary In summary, Lander Korus is a relatively new development entity, although led by an individual with decades of managerial and principal-level experience in a full range of urban development projects in Asia. Lander Korus is a growing business and is expanding its potential scope into other projects in the US, including a work-live office suites project in New Jersey, and a very large, master-planned resort community in Montana. During this relatively short time period since its initial involvement with the Symphony project, Lander Korus has sought both up-front and overall construction financing from an array of mostly Asian potential financial partners. While securing financial commitment for the overall project within such time constraints has been a perhaps unrealistic goal and has not yet happened, a$20 million commitment for up-front financing to allow purchase of the site, payment of related expenses, as well as a substantial amount of working capital to finance preliminary development activities has been secured. With this financial commitment in place, Lander Korus states its expecta.tion to be able to close on the property by 12/31/09 in accord with the third amendment to the Purchase and Sale Agreement. zozo LANDER KORUS ii JOIN US AND Y�! WILL SUCCESS JO�1 US Af� YOU 1MLL SI�S What Lander Korus means? It is combined of Land owner (lander) and, A. Korea and United States B. Chorus (Harmony) C. Call us u�c nv�va nvn� rca� cvvv w cvar�. With many years of expertism in Real Estate deve{opment and management experiences as well as quality manpower and personal /business network, lander Korus, USA was formed in 2008. Current project in United States inciudes 35,OOOsqft mixed use officetel in Palisades, New lersey and negotiating stage on 2,000 acres Diamond City Resart town in State of Montana. lander Korus current affiliated partners in Korea are Yukun Architect Company and Taegil Construction Company with strong financial and top notch experiences and accomplishment in Real Estate development industry. I Copyright by LANDERKORUS 2u09 All c�y;?ts r�serti�ed. LANDER KORUS Reference chung, chan myung (Born in seoul, Korea)Kyung ki do ann san city sung po dong, 1984 yea sool in ju teck INC Planning direttor yea sool in apartment 3,000 residences planning and sales (sam ick construction) Kyung ki do An San city 1986 han kook kota INC planning and management director. kota resort town village town 196 residences condominium 210 residences four stars resort hotel (80 rooms) spa casino, night club water sports club house ets choong chung book do choong ju city choong ju lake 1997 yeul Hn savings bank (chairman, owner) kyung sang book do Tea gu city (planning director) 1991 Hwa seung respia resort Inc Kang won do Won Ju city (Planning Director) 10 Hotels Golf course 48 condo residences club house 1995 Yea ted�� y (owner,chairman) 48 pension homes(american style) planning, constructed, sale 1997 (chair man, owned) yeul lin sang ho sin yong kumko (saving Bank) 2009 New jersey�PALISADES PARK.NJ) 35,O�Sf2 Officetel Planning, Sales, Construetion. ro i W �S C� C v--� i vJ �t.. °��i. z Q J '•i +1 F�� iii rrr� W 1\\ ��»`�r, �A�+�►� ;Er;� x. 1 i i 1YY1 O u C d y C Z u y u C v u N O f0 y C e Q -c c c�o i. c O C Y �-�i a a Y ��•••••••••i••!��•�1 �•�•��I;1��+1a�ta�i�••�.•••••• LANDER KORUS Reference ya._ n Four star Resort Hotel (80rooms) Space Casino Night Club 1985� 2000 HANkOOK kota Inc Resort Viliage 196 Residence (2,100,OOOSqf) 210 Residences Condominium(S,OOO,OOOSqf) 80 Room Four Stars Hotel. -(this Project Was Almost Family Business) Land Size 6,760,200Sqf Club House, Putting Goif Course Snow slide place, Water Sports, (jet Ski, Boat More) Villa 196 Residences Condominium 210 Residences LANDER KORUS Reference Club House *1991(Planning) Golf Cours HWA SEUNG RESPIA RESORT (Add: Kang Won Do Won JU City) -10 Holes Public Golf Course. Club House (100,OOOsqf} -Resort Condominium(4BLDS) Condominium Villa 4 Buildings M M 3.`�. x.,,,� 1tliitr Rt>,� 1'illa;�� l. ��.t.� y .r� ti� ��r�� a n y,. y +b A A 4ti s �l 4 S r�"�' A +wraif z '+K� LL �,q- tit ��.�.�r y 4 q r� �41/ .+A F '0.{! �i"•" ��'tY��:�`��. :-.c� �r•�=v �„i� S� 1�F"'� 4`Y� .4tT� s� t 3 'R Y.S. s x ,gt� �7' r •+d"*",�'aw•?►+�: ,',..E _.h ..t .�C� °4 ..ryi.a l ��M?1.' �A�� a s rc 5 "A^"�r P, a� r �s l.. i a., �Si 5 �1; r -.-r.. t "`a. y:,:<. ��j i �y c ••i+•' {'F'�� ,e.. r '.t t M� ,ai� Copyright O by LANDERKORUS Z009 AlI rights reserved. .,�^o.�.s'' r LA NDER KORUS Reference 2�9 NEW JERSEY OFFICETEL (First Permission in America) Add: 125 W. CENTRAL BLVD. PALISADES PARK.NJ 35,500Sf2 (SStory) 50unite i� MM�J� LANDER KORUS Network Copyright by LANDERKORUS z009 All riahts reserved. LA N DER KO RUS INV ESTM ENT N ETWO RK KAREA INVESTMENT: H�NGKONG INVESTMENT: 1. NH (NON6HYUP) (WWW. NONGHYUP.COM) 2. GOLDEN BRIDGE (WWW.GCCAPITAL.CO.KR) 3. KYOBO INSURANCE (WWW. KOYBO.CO.KR) 1. LANDING GROUP 2.INPEX CAPITAL (WWW.INPEX.COM) Thank LANDER KORUf arch/tects planning development /nc FOURTH AMENDMENT TO REAL PROPERTY PURCHASE AND SALE AGREEMENT (WTTH DEVELOPMENT COVENANTS) This Fourth Amendment (this "Fourth Amendment") is dated effective this 15th da.y of December, 2009, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), United Properties Symphony, LLC, a Washington limited liability company ("United Properties"), and Lander KORUS, a Washington corporation("Lander KORUS"). A. The City and United Properties entered into a Real Property Purchase and Sale Agreement ("Agreement") dated effective December 11, 2007, a First Amendment da.ted effective September 9, 2008, a Second Amendment dated effective September 11, 2009, and a Third Amendment dated effective November 4, 2009 ("Effective Date"). B. The First Amendment modified Section 10.1 of the Agreement as follows: "closing shall take place on the da.te that the building permit for grading, evacuation and shoring and/or foundation for any portion of the Project is issued to Buyer or September 11, 2009, whichever date occurs first (the "Closin�")." C. The Second Amendment modified Section 10.1 of the Agreement as follows: "closing shall take place on the date that the building permit for grading, excavation and shoring and/or foundation for any portion of the Project is issued to Buyer or November 4, 2009, whichever date occurs first (the "Closing Date"). D. The Third Amendment modified Sections 10.1 and 2.4. Section 10.1 of the Agreement was modified as follows: "closing shall take place on the date that the building permit for grading, excavation and shoring and/or foundation for any portion of the Project is issued to Buyer or December 31, 2009, whichever date occurs first (the "Closing Date"). Section 2.4 of the Agreement was modified as follows: "Before this Amendment is executed, the Potential Assignee shall deposit a certified cashier's check in the sum of Twenty-three Thousand Eight Hundred and Thirty Six Dollars (US $23,836), equaling a"Deposit" for up to fifty-eight days Carr�ng Costs, into escrow account No. 1252235 with the Escrow Agent (as specified in Section 10.2 of the Agreement). Said funds have not been deposited. E. A building permit has not been issued. F. Section 4.7 of the Agreement provides that "Any of the deadlines set forth in this Agreement or any EXHIBIT attached hereto may be extended for a reasonable period of time equivalent to the time period of all delays directly or indirectly resulting from any reasonably unforeseen matter or circumstance beyond the reasonable control of [Clnited Properties]." G. At the November 3, 2009, City Council meeting, the Federal Way City Council approved a third amendment to the Agreement to extend the closing date to December 31, 2009, with -1- the understanding that the City Council needed to subsequently approve the assignment to Lander KORUS if City Staff's due diligence investigation supported the assignment of the Agreement at which time United Properties to Lander KORUS andJor authorize the execution of any necessary documents to perfect said assignment and purchase the real property. H. Section 13.4 of the Agreement provides that the Agreement may only be amended by written agreement signed by the parties, approved by the Federal Way City CounciL NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Buver/Assignee• The City Council consents to the assignment of the entire Agreement to Lander KORUS provided that the carrying costs referenced above are deposited. All references to United Properties in the Agreement shall be replaced with Lander KORUS. 2. Notices to Parties. Section 13.3 sha11 be amended as follows: No'r�cES. Any and a11 notices or other communications required or permitted to be given under any of the provisions of this Agreement shall be in writing and sha11 be deemed to have been duly given upon receipt when personally delivered or sent by overnight courier or two (2) days after deposit in the United States mail if by first class, certified or registered mail, return receipt requested. All notices shall be addressed to the Parties at the addresses set forth below or at such other addresses as any Parties may specify by notice to all other Parties and given as provided herein: If to Buyer: Chan Myung Chung Chairman Lander KORUS 9323 44�' Ct. E. Edgewood, WA 98371 With a copy to: Wangjin Kim, Esq. 400 108�' Ave. NE, Suite 620 Bellevue, WA 98004 -2- If to Seller: Patricia A. Richardson City Attorney City of Federal Way 33325 8 Avenue South PO Box 9718 Federal Way, WA 98063-9718 3. Ratification Any act done by either party consistent with the authority of the Agreement after the previous expiration date and prior to the effective date of this amendment, is hereby ratified as having been performed under the Agreement as it existed prior to this amendment. 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment sha11 remain in full force and effect. 5. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and v�ith the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Amendment and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the parties have executed a counterpart of this Amendment shall be the "date of mutual execution" hereof. DATED the effective date set forth above. THE CITY CITY OF FEDERAL WAY, a Washington municipal corporation Interim City Manager, Brian Wilson ATTEST: City Clerk, Laura Hathaway, CMC -3- APPROVED AS TO FORM: City Attorney, Patricia A Richardson UNITED PROPERTIES UNITED PROPERTIES-SYMPHONY, LLC, a Washington limited liability company By: DVS Symphony, Inc., a Washington corporation, Its: Managing Member David Setton, President ss PROVINCE OF B.C. On this day personally appeared before me DAVID SETTON, known to be the PRESIDENT of DVS Symphony, Inc., a Washington corporation, the managing member of United Properties- Symphony, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. DATED: NAME: (Print Name) Notaty Public in and for the Province of British Columbia Commission Expires: -4- LANDER KORUS Lander KORUS, Washington corporation Chan Myung Chung, Chairman STATE OF WASHINGTON ss COUNTY OF KING On this da.q personally appeared before me known to be the a Washington corporation, the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. DATED: I��/:\�i� (Print Name) Notary Public in and for the State of Washington Commission Expires: K:\cm\economic dev�amc�symphony�assignment 12-15-09 -5- COUNCIL MEETING DATE: December 15, 2009 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM SUBJECT: SETTING THE CITY COUNCIL 201 O RETREAT DATES POLICY QUESTION: SHOULD THE CITY COUNCIL SET THE 2010 RETREAT DATES FOR JANUARY 26 AND 28 IN ACCORDANCE WITH COUNCIL RULE 2.1(6)? COMMITTEE: N/A CATEGORY: Consent City Council Business Ordinance Resolution STAFF REPORT BY: BRIAN WILSON, INTERIM CITY MANAGER MEETING DATE: Public Hearing Other DEPT CM City Council Rule 2.1(6) states that the annual retreat will be scheduled of the last week or weekend of January. Council has indicated a preference for two half-day retreats instead of one full day. The facilitator, Michael Pendleton, is available on the proposed dates. Options Considered: 1. Approve the retreat to be held on Tuesday, January 26, 2010 from noon to 5:00 p.m; and on Thursday, January 28, 2010, from noon to 5:00 p.m. 2. Modify the proposed dates or times. STAFF RECOMMENDATION: n/a CITY MANAGER APPROVAL: •�/��i,i► Committee COMMITTEE RECOMMENDATION: N/A #��^"r DIRECTOR APPROVAL: Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approvad of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED COUNCIL BILL DENIED 1sT reading TABLED/DEFERRED/NO ACI'ION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE REVISED 02/06/2006 RESOLUTION