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Council PKT 01-19-2010 Regular� �Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 19, 2010 www. cityoffederaiwa y. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Business Recycling Recognition Award b. Martin Luther King Event Summary c. City Manager Emerging Issues / Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE A P/NK SL/P & PRESENT IT TO THE CITY CLERK PRIOR TQ SPEAKING.. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE L/M/T YOUR COMMENTS TO THREE (3) M/NUTES. The Mayor may interrupt comments fhat exceed three minutes, relafe negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previousty reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; a!I items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 5, 2010 Special & Regular Meeting, January 7, 2010 Special Meeting ...pg 3 b. W. Hylebos Creek Culvert Replacement/Removal and Flood Controt Improvements Project 50% Design Status Report; ILA with Lakehaven Utility...pg14 c. S. 348 Street at 1S Ave. s. Intersection Improvements Project —100% Design Status Report...pg20 d. Acceptance of Grant Funding for Transportation Improvement Projects...pg22 e. 2010 Asphalt Overlay Program Revised Preliminary Project List and Authorization to Bid...pg52 f. Arts Commission Work Plan for 2010...pg 64 g. Arts Commission Contract for Services...pg 68 h. Purchase Seven (7) New Bicycles to Support the Newly Formed Special Ope�ations Unit (SOU) ...pg 70 i. Purchase Three (3) New Police Motorcycles...pg 74 j. Retainage Release: CheYs Roofing...pg 78 k. Second Amendment for Janitorial Services...pg 79 6. COUNCIL BUSINESS a. 2010 Council Committee Appointments...pg 80 b. Purchase and Sale Agreement: Enticknap Property...pg 82 c. Adelaide Neighborhood Traffic Safety follow up...pg 86 7. INTRODUCTION /°FIRST READING OF ORDINANCES a. Council Bill #520/Criminal Code Update — Dog Breeding Practices...pg 88 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELTATING TO DOG BREED1NG PRACTICES; AMENDING FWRC 9.10.010. (AMENDING ORD. NOS. 09-592, 01-394, 92-153, 90-30) 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION a. Pofential Litigation Pursuant to RCW 42.30.110(1)(i) b. Property Acquisition 42.30.110(1)(c) 11. ADJOURNMENT The Council may add ifems and take action on items nof listed on the agenda. MEETING DATE: January 19, 2010 ITEM# 5.a. CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGETIMPACT: ® CONSENT ❑ ORDINANCE Amount Budgeted: $ ❑ RESOLUTION ❑ PUBLIC HEARING Expenditure Amt.: $ ❑ CITY COUNCIL BUSINESS ❑ OTHER Contingency Req'd: $ ATTACHMENTS: Draft Minutes from the January 2, 2010 Special Meeting, January 2, 2010 Regular Meeting and January 7, 2010 Special Meeting. SUMMARY/BACKGROUND: The City Council meeting minutes are a permanent record pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A Options Considered: 1. Approve the minutes as presented.. 2. Amend the minutes as necessary.. PROPOSED MOTION: "I move approval of the minutes as presented. " CITY MANAGER APPROVAL: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 5, 2010 — 7:00 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:02 pm. j)?' 0 1 Councilmembers present Mayor Jack Dovey, Councilmembers Jim Ferrell, Linda Kochmar, Jeanne Burbidge, Mike Park, Roger Freeman and Dini Duclos. Staff present: City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE The Todd Beamer Jr. ROTC led the pledge of allegiance. The Country Squires Barbershop Quartet sang the National Anthem. 3. PRESENTATIONS Motion: Mayor Dovey moved to amend the agenda to add the oath of office for the City Manager /Police. Chief pursuant to RCW 35A.13.070, and to add to Executive Session Litigation and /or Potential Litigation pursuant to RCW 42.30.110(1)(1). Councilmember Kochmar second. Vote: Motion carried 7 -0. a. Proclamation: National Thank Your Mentor Day January 22 Mayor Dovey read the proclamation into the record and presented it to Pete Gonzales. b. Veteran and Human Services Levy Presentation Representatives from King County provided history on the King County Veterans and Human Services Levy that was approved in 2005 and reviewed the programs that are being funded for veterans with the levy monies. Mayor Dovey asked for a moment of silence to honor Deputy Sheriff Kent Mundell who was recently killed in the line of duty. c. Art Alive Exhibit — Peoples Choice Winners Councilmember Burbidge introduced Arts Commission Chair Susan Honda and members City Council Minutes — January S, 2010 Regular Meeting Page 1 of 4 of the Arts Commission to present the People Choice Awards to Daniel Hirschman and Nadine Baxter. d. City Manager Emerging Issues / Introduction of New Employees City Manager Wilson reported there were no emerging issues or introduction of new employees. Council suspended the rules to allow Judges McCullough, Justice Madden, and Judge Stephenson to deliver the Oaths of Office. e. Oath of Office for Elected Officials: Judge McCullough delivered the oath of office to Councilmember Roger Freeman. Justice Madsen delivered the oath of office to Councilmembers Jeanne Burbidge, Linda Kochmar and Municipal Court Judges David Larson and Rebecca Robertson. City Clerk McNeilly delivered the oath of office to City Manager Brian Wilson. f. Proclamation: Honoring Supreme Court Justice Madsen Judge Larson presented Justice Madsen with a proclamation honoring her achievements as Chief Justice. g. Election and Oath for Mayor Mayor Dovey called for nominations for the position of Mayor. Motion: Councilmember Ferrell nominated Councilmember Kochmar to the position of Mayor. Councilmember Park second. Vote: Motion carried 7 -0. Judge Stephenson delivered the Mayoral oath of office to Mayor Kochmar. h. Election and Oath for Deputy Mayor Mayor Kochmar called for nominations for Deputy Mayor. Motion: Councilmember Burbidge moved to nominate Councilmember Duclos to the position of Deputy Mayor. Councilmember Ferrell second. Motion carried 7 -0. Judge Stephenson delivered the Deputy Mayoral oath of office to Deputy Mayor Duclos. The Country Squires Barbershop Quartet performed and then the Council recessed from 8:00 pm to 8:15 pm for a brief reception. 4. CITIZEN COMMENT Joan Tabrum thanked the Police department for their recent anti -drunk driving public service announcement that they ran during the holidays. Diana Noble Gulliford would like to see a citizen group formed to give citizens an opportunity to provide public input on the change to Mayor/ Council form of government. Martin Moore congratulated Mayor Kochmar and Deputy Mayor Duclos on their recent appointments. Carroll Fisher stated he would like to see more youth participants on City Commissions and organizations. City Council Minutes —January S, 2010 Regular Meeting Page 2 of 4 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: December 15, 2009 Special and Regular Meeting, December 22, 2009 Special Meeting. APPROVED b. VGUGh8FS Pulled and Approved Separately c. Monthly Financial Report APPROVED d. 2010 -2011 WA State Cooperative Purchasing Agreement APPROVED e. WA Surplus Property Interagency Agreement APPROVED Deputy Mayor Duclos pulled item 5.b. Vouchers, and recused herself from voting on this item. Motion: Councilmember Duclos moved to approve Consent items a, c, d and e. Councilmember Dovey second. Vote: Motion carried 7 -0. b. Vouchers Motion: Councilmember Park moved to approve the Vouchers. Councilmember Burbidge second. Vote: Motion carried, 6-0 Deputy Mayor Duclos recused. 6. COUNCIL BUSINESS a. Resolution: Abate Nuisance Property Assistant City Attorney Peter Beckwith stated the property in question is located at 1322 SW Dash Point Road. The City has made numerous efforts to obtain compliance with the property owner, with no success. Staff is seeking a court order which would allow the abatement process to move forward and remove a boat that is in violation of the Federal Way Revised Code. Motion: Deputy Mayor Duclos moved to approve the proposed resolution that authorized staff to seek a warrant of abatement in Superior Court to abate the nuisance occurring at 1322 SW Dash Point Road. Councilmember Burbidge second. Vote: Motion carried 6 -1, Councilmember Dovey dissenting. Resolution 10 -572. b. MOU /City of Auburn - Request to Use Federal Way Facilities in the event of Flooding Information Technologies Director Mehdi Sadri stated the in the case of flooding in the Auburn Valley, the City of Auburn would like to use Federal Way facilitieson a short-term basis. Staff has drafted a Memorandum of Understanding for Council consideration. Motion: Councilmember Dovey moved approval of the Memorandum of Understanding. Deputy Mayor Duclos second. Vote: Motion carried 7-0. 7. COUNCIL REPORTS Councilmember Park reported the next FEDRAC Meeting is scheduled for January 26, 2010. Councilmember Freeman reported on an upcoming event relating to mentoring. City Council Minutes — January S, 2010 Regular Meeting Page 3 of 4 Councilmember Dovey reported the January 2010 Lodging Tax Advisory Committee meeting was canceled. Deputy Mayor Duclos reported on tomorrows Suburban Cities Association Meeting. Councilmember Burbidge reported the next Parks, Recreation, Human Services, Public Safety Committee meeting will be January 12, 2010. The Safe City Ribbon Cutting ceremony will be this week. Mayor Kochmar reported the Council would be meeting with State Legislators on January 7, 2010. Councilmember Ferrell had no report. 8. CITY MANAGER REPORT City Manager Wilson thanked the Council for the opportunity to serve as the City Manger. 9. EXECUTIVE SESSION The Council adjourned to Executive Session at 8:47 pm for approximately 30 minutes to discuss Collective Bargaining pursuant to RCW 42.30.140 (4)(b), Property Acquisition pursuant to RCW 42.30.110(1)(b) and Litigation /Potential Litigation pursuant to RCW 42.30.110(1)(i). At 9:20 pm, Mayor Kochmar adjourned from Executive Session and City Attomey Richardson reported the Council would continue to meet for an additional 30 minutes. The Council adjourned from Executive Session at 9:50 pm. 10. ADJOURNMENT Deputy Mayor Duclos adjourned the meeting at 9:50 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — January 5, 2010 Regular Meeting Page 4 of 4 CITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall January 5, 2010 — 5:30 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:34 pm. DRAFT Councilmember's present: Mayor Jack Dovey, Councilmembers Jim Ferrell, Linda Kochmar, Jeanne Burbidge, Mike Park, Roger Freeman and Dini Duclos. Staff present: City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. CHANGE OF GOVERNMENT: Council Authority and Duties /Mayor Authority and Duties — Chief Administrative Officer City Attorney Richardson stated tonight's meeting would focus on the authority of the Mayor. She noted the Cities of Bellingham, Renton, Kent and Everett all had Mayor /Council forms of government as well as populations similar to Federal Way and would be used as comparison cities for the presentation. She reviewed ordinances from these cities, some of which outlined the specific duties for their mayor. Statutory authority that differs from Council's current procedures are; • the ability to appoint and remove officers and employees, • to vote when needed to break a tie vote, • to object to ordinances passed by Council, • to call special meetings and to counter sign checks.. The Council discussed the Mayor's ability to make committee appointments and budget amendments. Ms. Richardson stated the Council can put policies in place regarding the authority of the Mayor by amending the purchasing policies and adopting resolutions. Ms. Richardson also reviewed the salaries for the Mayors and Chief Administrative Officers (CAO) for the comparison cities, along with the code qualifications and duties for their CAO. On February 2, 2010 Council will discuss campaign financing and on March 2, 2010 the Council will discuss the roles and responsibilities of the Mayor. The Council directed staff to be prepared to discuss the campaign finances on January 19 City Council Minutes — January S, 2010 Special Meeting Page I of 2 Motion: Mayor Dovey moved to amend the agenda to add discussion with legal counsel regarding Litigation or Potential Litigation to Executive Session pursuant to RCW 42.30.110(1)(i); Second by Councilmember Kochmar. The motion passed unanimously. 3. EXECUTIVE SESSION The Council adjourned to Executive Session at 6:35 pm to discuss Collective Bargaining pursuant to RCW 42.30.140 (4)(b), Property Acquisition pursuant to RCW 42.30.110(1)(b) and Litigation /Potential Litigation pursuant to RCW 42.30.110(1)(i) for approximately 20 minutes. The Council adjourned from Executive Session at 6:55 pm. 4. ADJOURNMENT Mayor Dovey adjourned the meeting at 6:55 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — January 5, 2010 Special Meeting Page 2 of 2 w City Council Special Meeting with 30 District State Legislators January 7, 2010 Federal Way Community Center, Forest Lounge MEETING MINUTES DP,A.fl Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Roger Freeman, and Michael Park. Legislators present: Representative Mark Miloscia, Senator Tracey Eide, and Representative Skip Priest City Staff present City Manager /Police Chief Brian Wilson, City Attorney Pat Richardson, Communications and Government Affairs Manager Linda Farmer, Finance Director Tho Kraus, Community Development Director Greg Fewins, Parks Department and Public Works Director Cary Roe, Human Resources Director Mary McDougal, Economic Development Director Patrick Doherty, Public Works Deputy Director Ken Miller, Human Services Manager Lynnette Hynden, Parks and Facilities Manager Steve Ikerd, and Communications Specialist Natalie Rees Also present: City Lobbyist Doug. Levy and Federal Way Mirror Reporter Jacinda Howard I. Welcome and Introductions Mayor Kochmar welcomed everyone to the meeting and introduced Roger Freeman as the newly - elected Council member. She thanked the legislators for their work during 2009, especially for their help in support of changing the State assault statute regarding look -alike guns; and for their dedicated efforts to secure funding for numerous issues, including saltwater cleanup, the Performing Arts and Convention Center, the Triangle Project, Local Improvement Financing Tools (LIFT), and other transportation needs. The mayor offered Federal Way's help to legislators whenever it was needed. Council Minutes - January 7, 2010 Special Meeting Page I of 4 3e District State Legislators II. Brief overview: Development of 2010 Legislative Agenda; Review of packets Communications and Government Affairs Manager Farmer provided an overview of how Federal Way's 2010 Legislative Agenda was developed. She noted that a "tracking" category has been added this year so that progress on important projects and issues with regard to funding, economic development, transportation, land use, and law enforcement can be monitored. III. Open discussion of top Priorities for the 2010 Legislative Session • Increased funding for economic development City Manager /Police Chief Wilson reiterated that 4 out of the 5 top City Council goals for 2009 involved increasing economic development opportunities in Federal Way. One of those goals, a Performing Arts and Conference Center (PACC), is at the forefront because the City believes it would be an economic driver for development of the downtown core. In 2010, the City will actively pursue an initiative that would extend and re- purpose King County -only taxes currently dedicated to financing Safeco Field and Qwest Field. We could utilize these funds for economic development - with the PACC project as a particular goal. The City recognizes that the legislative session coming up will be a tough one because of extreme budget difficulties. But the Council is also aware of the importance of creating jobs and incubating new businesses. Deputy Mayor Duclos assured legislators that the entire Council is firmly behind economic development. Councilmember Dovey mentioned a medical incubator program the City is working on with enterpriseSeattle in an effort to bring businesses into the state that have never been here before. He also spoke about the new World Sand Sculpture Championship event coming next September, which should bring thousands of tourists into the city from all over the world. Councilmember Park noted that the City's recent designation as a regional center for foreign investment has the potential as a great source for capital investment in the City Center. Senator Eide spoke of her dedication to stimulating business as well, saying she gave up a seat on the Education Committee so that she could join the Senate Economic Development Committee. She is very interested in the idea of creating something new — not trying to steal companies away from another city (thereby devastating that city). She applauds Federal Way's efforts to incubate new businesses. Council Minutes -January 7, 2010 Special Meeting Page 2 of 4 30` District State Legislators • Transportation Needs Parks Director /Public Works Director Roe noted the importance of finding alternative sources of revenue for transportation other than the gas tax. The City has a number of key transportation needs: a) The Triangle Project is not fully funded, and in fact, the final phases of the project would have the most impact. b) The 1- 5/320 Interchange project is important. The bridge needs widening, and there are safety issues, i.e. earthquake remediation. The PSRC grant will help with ramp improvements, but there is a funding gap. c) The Transportation Improvement Board (TIB) needs additional funding. Doug Levy mentioned reports of a possibility it could be absorbed into WSDOT. Director Roe also noted the growing importance of emphasizing the Commute Trip Reduction program. Stormwater funding to carry out NPDES Phase II obligations Parks Director /Public Works Director Roe stated that Federal Way is a Phase II city: Even though our City is young, a big chunk of our infrastructure is dated. ESHB 1614 could really help local governments address stormwater issues. The City could use its share of the revenue on projects that would enhance water quality for new road projects, on projects designed to assess and repair surface water infrastructure, and on public education and outreach. Representative Priest commented that the legislation may be a bit questionable. Representative Miloscia agreed, saying it would need a big Senate push to pass. • Preserve auto theft funding City Manager /Police Chief Wilson discussed the 60% success rate of the auto theft prevention authority. In 2009, the Legislature reduced funding from $14 million to just under $6 million. The City wants to preserve this funding and ensure against further cuts to a program that has helped local law enforcement achieve significant success in the fight against vehicle thefts, which lead to other criminal behavior. • Legislator Updates —Key 2010 initiatives. Senator Tracey Eide noted that this year's session will be centered on one thing: the budget. And how to find revenue streams. The State is looking at a huge deficit in billions of dollars. Last year's session was the most difficult she'd ever experienced. She expects this session to be even more so. Council Minutes - January 7, 2010 Special Meeting Page 3 of 4 30` District State Legislators Representative Skip Priest echoed the Senator's comments regarding the budget and the difficult path ahead. He intends to focus some of his attention on the annexation issue this year. He thanked City Manager /Police Chief Wilson and the law enforcement family for their great work on the auto theft issue. He noted that it was great to see such good stewardship of the funding allocated to this legislation. Representative Mark Miloscia thanked City staff for all of their hard work and support. He also noted that the budget problems will take center stage this session. His particular goals are long term: a) Performance in government — get back on track; b) Sustainability and job creation - the keys to success; c) Living wage jobs all across the board, top to bottom; and d) Housing bills to aid homelessness Representative Priest mentioned the health care bills: no one is sure how this will impact everything else. He wanted to thank Councilmembers and staff for taking innovative steps with regard to economic development. Senator Eide mentioned that Washington State is in the top 5 in the nation for creating new businesses. It's something to be proud of. V. Wrap -up /Adjourn Mayor Kochmar stated that City Councilmembers had been entrusted by Federal Way citizens with the well- being of this community and take that responsibility very seriously. She thanked the legislators for all of their help in working toward the City's goals each legislative session. She also expressed appreciation to the City's employees for their hard work and dedication. The meeting was adjourned at 8:53 a.m. Attest: Natalie Rees Approved by Council: Council Minutes -January 7, 2010 Special Meeting Page 4 of 4 30` District State Legislators COUNCIL MEETING DATE: January 19, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project -50% Design Status Report (CIP #304- 3100 -265) and associated interlocal agreement with LUD. POLICY QUESTION Should the Council authorize staff to proceed with design of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project and return to the Council at the 100% design completion for further reports and authorization, and authorize the City Manager to execute the interlocal agreement with Lakehaven Utility District detailing both the City's and LUD's participation in the project? COMMITTEE Land Use and Transportation Committee MEETING DATE January 4, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P.E., Surface Water Manager � DE Public Works Attachments: 1. Memorandum to Land Use and Transportation Committee dated January 4, 2010. 2. Interlocal Agreement between the City of Federal way and Lakehaven Utility District. Options Considered: 1. Authorize staff to proceed with final 100% design of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project and return to the Council at 100% design completion for approval and authorization to bid the project; and, authorize the City Manager to execute the interlocal agreement with Lakehaven Utility District detailing both the City's and LUD's participation in the project. 2. Do not authorize staff to proceed to 100% design and do not authorize the City Manager to execute the Interlocal agreement with LUD and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the January 19, 2010 City Council Consent Agenda for approval. K CITY MANAGER APPROVAL: Council DIRECTOR APPROVAL: Council COMMITTEE RECOMMENDATION Forward staff recommendation for Option 1 to the January 19, 2010 City Council Consent Agenda for approval. /"1 /2 Pvws-e� Linda Kochmar, Chair c -&-eal� Dini Duclos. Member PROPOSED COUNCIL MOTION "I movWa uthorize staff to proceed with final 100% design of the West Hylebos Creek Culvert Replacement /Removal and Flood Control Improvements Project and return to the Council at the 100% design completion and for authorization to bid the project, and to authorize the City Manager to execute the interlocal agreement with Lakehaven Utility District. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager William Appleton, P.E., Surface Water Manager FROM: Fei Tang, P.E., Surface Water Project Engineer West Hylebos Creek Culvert Replacement /Removal and Flood Control Improvements SUBJECT: Project -50% Design Status Report (CIP #304 - 3100 -265) and Associated Interlocal Agreement with Lakehaven Utility District. BACKGROUND: This project will prevent potential flooding problems by removing an old corrugated metal culvert that is failing and replacing a second failing culvert on an unnamed tributary to the west branch of Hylebos Creek located on the west side of Pacific Highway between approximately the South 349 block and the South 352 block. The project will also restore /enhance stream habitat and remove fish passage barriers in this section of the creek and reduce erosion of the channel. The following improvement measures will be included in the project: removal of an existing failing 72" diameter culvert from the creek and restoration of this section of the creek to an open stream, replacement of an existing failing, undersized and non -fish passable 36" diameter culvert with a new culvert, regrading of the streambed profile, removal of invasive plants, and replanting with native vegetation. The project will be designed in -house by City staff, with the exception of some specialized project components that will be designed by a consulting firm. Lakehaven Utility District (District) is the owner of the 36" diameter culvert and is willing to participate in the project. In order to coordinate the work between the two entities, the District agreed to enter into an interlocal agreement with the City for the design and construction of the project. The City will provide the design information for the 36" culvert replacement and the District will be responsible for its construction. A copy of the proposed agreement is attached to this memo for approval. Currently the project design is approximately 50% complete, which includes the following completed tasks: ■ Topographical survey and mapping ■ Geotechnical evaluation of the site sub -grade and groundwater conditions ■ Gathering subsurface utility information ■ Preparing permit applications for Hydraulic Project Approval and Section 404 Permit ■ Acquisition of permanent drainage easements and temporary construction easements ■ Project design (plans and cost estimate) to 50% level Ongoing Tasks Include: • Acquisition of an additional temporary construction easement • Submitting permit applications and coordinating with agencies to obtain permits • Project design to 100% level PROJECT ESTIMATED EXPENDITURES Description City District Engineering Design (Consultant) $ 31,050 Year 2010 Construction (Estimate) $ 170,756 $ 166,564 30% Construction Contingency (@ 50% Design Level) $ 51,227 $ 49,969 Ad & Award $ 4,000 10% Construction Inspection & Management $ 22,198 TOTAL PROJECT COSTS $ 279,231 $ 216,533 TOTAL AVAILABLE BUDGET $ 598,372 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE WEST HYLEBOS CREEK CULVERT REPLACEMENT THIS AGREEMENT is made and entered into this day of , 2009, by and between the City of Federal Way (hereinafter "City's and Lakehaven Utility District (hereinafter "District', collectively referred to herein as the "Parties ". WHEREAS, the City proposes to proceed with the West Hylebos Creek Headwaters Restoration Project (hereinafter "Project'; and the City identified a culvert located in the vicinity of the Project area that needs to be replaced; and WHEREAS, the District owns the culvert; and the District intends to replace the culvert (hereinafter "Culvert Replacement Work'J; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest through participating in the Project; and WHEREAS, by coordinating the Culvert Replacement Work with the Project, the City can better achieve its goal of protecting the public's interest, including stabilizing the stream channel, preventing flooding, removing fish passage barriers, and enhancing stream habitat; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. THE CITY'S COMMITMENT The City shall provide design documents to the District for review and approval in order to facilitate the Culvert Replacement Work. This includes preparation of design drawings and cost estimates for replacement of the existing 36" diameter culvert, and obtaining all necessary permits. The new culvert will be designed to meet Washington State Department of Fish and Wildlife's design guideline for fish passage. Any contract documents and /or specification documents required for the Culvert Replacement Work shall be provided by the District. Technical design and construction specifications will be provided as plan notes to be included in the drawings. It is the intention of the City to construct the Project in either the summer of the year of 2010 or 2011. It is also the intention of the City to employ a contractor through competitive bidding process to construct the Project. The City shall coordinate with the District to the maximum extent practical to ensure that stream restoration activities are phased correctly with respect to the District Culvert Replacement Work. The City will provide a construction survey benchmark to ensure proper coordination. K: \CONTRACT\2009 \09 -ma WD Design and Constr ILA.doc Page 1 II. THE DISTRICT'S COMMITMENT The District shall construct the Culvert Replacement Work and any related work in accordance with the specifications and design provided by the City. The District shall be responsible for all material, labor, equipment, and other incidental costs necessary to furnish and install the culvert and to complete the Culvert Replacement Work, including but not limited to construction surveying, temporary traffic control, inspection, material testing, utility relocation, construction management, etc. The estimated cost for the District's Culvert Replacement Work is approximately $100,000. The District shall coordinate with the City on construction scheduling to avoid conflicts with the City contractor and permit conditions. The District shall take those measures necessary to ensure the Culvert Replacement Work is functional with respect to the surrounding stream channel bed. The District grants the City and its agents, designees, assigns, employees, and contractors the right to enter onto the District's property, on a temporary basis, to inspect, design, and construct the Project. III. COST There shall be no money transferred between the Parties in connection with the work described in this Interlocal Agreement. IV. INDEMNIFICAITON AND HOLD HARMLESS A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. V. DURATION This Agreement shall become effective immediately upon execution by both Parties. This Agreement shall continue in full force until either (1) the City Council accepts the completion of the Project, (2) the Agreement is terminated with mutual written agreement by K: \CONTRACT\2009 \09 -)= WD Design and Constr ILA.doc Page 2 both Parties, or (3) December 31, 2011, whichever is earlier. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. VI. OTHER PROVISIONS A. Designing the Culvert Replacement Work shall not vest the City with respect to ownership, or future maintenance responsibility associated with the replaced culvert. The District shall retain sole ownership and maintenance responsibility for the replaced culvert. B. Constructing the Culvert Replacement Work shall not vest the District with respect to ownership, or future maintenance responsibilities of the stream improvements upstream or downstream of the Culvert Replacement Work. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT Brian J. Wilson Interim City Manager APPROVED AS TO FORM: City Attorney, Patricia A. Richardson ATTEST: City Clerk, Carol McNeilly, CMC Donald T. Perry General Manager APPROVED AS TO FORM: General Counsel K: \CONTRACT\2009 \09 -xoa WD Design and Constr ILA.doc Page 3 SUBJECT: S 348 Street at V Avenue S Intersection Improvement Project —100% Design Status Report POLICY QUESTION: Should the City Council authorize staff to bid the S 348 Street at 1 g ` Avenue S Intersection Improvement Project, and return to LUTC for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 4, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010. Options Considered: 1. Authorize staff to bid the S 348 Street at 1" Avenue S Intersection Improvement Project and return to the LUTC to award the project to the lowest responsive, responsible bidder, and authorize the transfer of $1,800,000 from the Pacific Highway South HOV Lanes Phase III Project to this project for the additional required City match. 2. Do not authorize staff to bid this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the January 19, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Co ittee Council ommittee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the January 19, 2010 City Council Consent Agenda for approval. Linda Koc ar, Chair Ji errell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I ov, to authorize staff to bid the S 348`" Street at P Avenue S Intersection Improvement Project and return to the LZITC to award the project to the lowest responsive, responsible bidder, and authorize the transfer of $1,800,000 from the Pacific Highway South HO Lanes Phase III Project to this project for the additional required City match. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02106/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM: Marwan Salloum, P.E., Deputy Public Works Director John Mulkey, P. E., Street Systems Project Engineer SUBJECT: S 348th Street at 1 s ` Avenue S. Intersection Improvement Project —100% Design Status Report BACKGROUND: This project will add a 2 nd left -turn lane eastbound and westbound and will add a right -turn lane southbound and westbound. The traffic signal system will be replaced to accommodate the added lanes. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk and drainage modifications PROJECT ESTIMATED EXPENDITURES: Planning and Design $ 450,000 ROW Acquisition 175,000 2009 Construction Cost (estimate) 3,200,000 PSE (Cost for duct and vault relocation) 50,000 10% Construction Contingency 320,000 12.5% Construction Management 440,000 TOTAL PROJECT COSTS $4,635,000 AVAILABLE FUNDING: Grant Funding (Urban Vitality Grant) $ 1,996,335 Utility Tax (2006 Budget) 432,000 REET (2004 Budget) 79,000 Requested Fund transfer from Project 141 (SR 99 Phase III) 1,800,000 Mitigation 280,580 Interest 64,580 TOTAL AVAILABLE BUDGET $ 4,652,495 This project is within available budget and we anticipate bidding the project in January 2010 and project award in March 2010. Construction should commence in April 2010 with an estimated substantial completion date of November 2010. cc: Project File Day File COUNCIL MEETING DATE: January 19, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to accept grant funding for S 348 Street @ 1 Ave South Intersection Improvement Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 4, 2009 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY: Marwan Salloum P E De u Public Works Dire DEPT: Pub W orks Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010. Options Considered: 1. Authorize staff to accept the Urban Vitality Grant Program funding in the amount of $1,996,335 for the S 348 Street @ 1s` Ave South Intersection Improvement Project, and authorize the City Manager to sign the attached grant funding agreement. 2. Do not accept grant funding under the 2009 Urban Vitality Grant Program and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the January 19, 2010 Council Consent Agenda for approval. - CITY MANAGER APPROVAL: Council DIRECTOR APPROVAL: Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the January 19, 2010 Council Consent Agenda for approval. Linda Koc ar, Chair im F ell, Member Dini Duclos, Member P POSED CO CIL MOTION: "I ov to authorize staff to accept the Urban Vitality Grant Program funding in the amount of $1,996,335 for the S 348 Street @ I" Ave South Intersection Improvement Project and authorize the City Manager to sign the attached grant funding agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED i sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K: \council\agenda bills\2010/01 -19 -10 Acceptance of Grant funding.doc CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM: Marwan Salloum, P.E., Deputy Public Works Director John Mulkey, P. E., Street Systems Project Engineer SUBJECT: Acceptance of Grant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2009, grant funding received to date, and required match. Project (Funding Phase) Estimated Grant Fund Required Grant : Urban Vitality Grant Program Project Cost City Match S 348 at 1st Ave Intersection Improvement Project $4,000,000 $1,996,335 $2,000,000* (Construction Phase) *The required City match.will be provided by existing project fund balance and the requested council authorization of transferring of available project funding balance of $1,800,000 from the Pacific Highway South HOV Lanes Phase III Project to this project. See attached Urban Vitality Grant Program funding agreement. cc: Project File Day File K: \LUTC\2010 \01 -0410 Acceptance of Grant Funding for Transportation Projects.doc Washington State '0- Public Works Board 906 Columbia Street SW Post Office Box 48319 Olympia, Washington 98504 -8319 (360) 725 -3150 www.pwb.wa.gov Capital Agreement between: City of Federal Way and Public Works Board For: Project Name: South 348th Street at 1st Avenue South Intersection Contract Number: UV09- 951 -095 Project Type: 2009 -2011 Washington State Capital Budget Urban Vitality Grant Program Execution /Start Date: Date of Contract Execution Department of • ° Innovation is in our nature. TABLE OF CONTENTS CONTRACT FACE SHEET ......................................................................... ..............................1 . CONTRACT TERMS AND CONDITIONS .................................................. ............................... 2 Part 1. SPECIAL TERMS AND CONDITIONS ......................................... ............................... 2 1 .1. DEFINITIONS > .:............. .. ....... .......,;......... ......................... ............................... 2 1 .2. AUTHORITY ............................................................:................... ..............................2 1.3. PURPOSE. .".......' 2 1.4. ORDER OF PRECEDENCE ............... , ......... :........ 2 1.5. GRANT AMOUNT . .. .. ..... ...... ............................... 2 1.6. TIME OF PERFORMANCE....... . .......... ......'......................................................... 3 1.7. CERTIFICA'TION,OF FUNDS AND LOCAL SHARE FUNDING REQUIREMENTS. 3 1.8. MODIFICATION TOTHE PROJECT COSTS .......................................................... 3 1.9. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT ........................ .. 3 1.16. BILLING PROCEDURES AND PAYMENT........... ....:.......... ' ............................. 4 1.11. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT.,. ......... 5 1.12. HISTORICAL AND CULTURAL ARTIFACTS........... ................ . ............... ........ 5 1.13. -REPORTS . . 6 1.14. EVALUATION AND MONITORING ....... .................................................................... 6 1.15. OWNERSHIP OF PROJECT /CAPITAL FACILITIES................................................ 6 1.16. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR -OWNED PROPERTY7 1.17: CHANGE OF USE FOR LEASED PROPERTY ... ............_.. ...........................'7 1.18. SIGNAGE, MARKERS, AND PUBLICATIONS ......................................................... 7 1.19. PREVAILING WAGE LAW ......... ............................... ........ ........ ........ ..........7 1 .20. INSURANCE ........... ............................... ........... .......... ....: .......... ..............1... 7 1.21. RECAPTURE PROVISION ....... ............................... .................. ................... I3 1.22. REDUCTION IN FUNDS ............. ......... . ................. ...................... ....................8 1.23. REAPPROPRIATION ........................... ............ .... ..........,................ ..............8 Part 2.° GENERAL TERMS AND CONDITIONS .................................. ............................... dq 2.1. DEFINITIONS......... _ ......... _..........: .... .......... .................. 9 2.2. ALLOWABLE COSTS .................. ...................... ....._...........:......... ......... 9 2.3. ALL WRITINGS CONTAINED HEREIN . ............ ......................... ............. ..... 9 2.4. AMENDMENTS ............ .............__.. .......... ....................9 2.5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, ALSO REFERRED TO AS THE `ADA" 28 CFR PART 35 ........................................ 9 2 ,6. APPROVAL ........: .._ ............... .................. ,............................ .......................9 2.7;^ ASSIGNMENT ............. ...................I.......... .......... .,.......... ..............................9 2.8. ATTORNEYS' FEES ..................... ....... ......... ..................... .............................10 2 .9. AUDIT ... > ..... ......... ............................. .................. ............ .............................10 2.10. CODE REQUIREMENTS .......... .................. ........ ............ .............................11 2.11. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION ..... .............................11 2.12. CONFORMANCE ..................................................................... .............................12 2.13. COPYRIGHT PROVISIONS ...................................................... .............................12 2 .14. DISALLOWED COSTS .............................................................. .............................12 2 .15. DISPUTES .................................................................................. .............................12 2.16. DUPLICATE PAYMENT ............................................................. .............................13 City of Federal Way Page i Table of Contents UV09 -951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program 2.17. ETHICS /CONFLICTS OF INTEREST ........................................ .............................13 2.18. GOVERNING LAW AND VENUE .............................................. .............................13 2.19. INDEMNIFICATION ................................................................... .............................13 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR .............. .............................13 2.21. INDUSTRIAL INSURANCE COVERAGE .................................. .............................14 2.22. LAWS ......................................................................................... .............................14 2.23. LICENSING, ACCREDITATION AND REGISTRATION ............ .............................14 2.24. LIMITATION OF AUTHORITY ................................................... .............................14 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION .......... .............................14 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ....... .............................15 2.27. POLITICAL ACTIVITIES . ................................................... .............................15 2.28. PREVAILING WAGE LAW ........ .. ....... ......... ...................... .............................15 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ..................15 2.30. PUBLICITY... ........:. ........ .......... ................... .......... .............................15 2.31. RECAPTURE ... ....... ... ... ..... .......................15 2.32: RECORDS MAINTENANCE—..." .......... ........ ........ .......... ............................15 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE ................. ...... ............16 2.34. RIGHT OF INSPECTION . .......... ...................... .......................................... 16 2.35. SAVI14GS ........... ........... ........... ....... ............ ..............;......I ....16 2.36. SEVERABILITY . ..................... ..................... ... .. 16 2.37: SUBCONTRACTING ...................... ................. ... :........ ::.... ............ `........96 .... 2.38. SURVIVAL. ......... ..... .. ......... 17 2.39. TAXES ........ ........: ...................... ............................ ............. .................117 2.40. TERMINATION FOR CAUSE / SUSPENSION .... ......... .............. ......... ........17 2.41. TERMINATION FOR CONVENIENCE .................. .................. ..................17 2.42. TERMINATION PROCEDURES ............................ ..................... . ...... ........ . ....... .... 17 2.43. WAIVER ....................... ............................... ..... . ATTACHMENT I: PROJECT SCOPE OF WORK .......................... ► ...... . ................................ 19 ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT. ... ....................................................... ............................... 21 ATTACHMENT III: ESTIMATED PROJECT COSTS ......: .................0.... ............................... 3 ATTACHMENT'IV: CERTIFICATION OF THE PAYMENT AND REPORTING OF P REVAILING WAGES ' ................. .... .....................u•........ .. ..........................o....• ...............24 ATTACHMENT V: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS ............. 25 City of Federal Way Page ii Table of Contents UV09- 951-095 12/22/2009 2009 -2011 Urban Vitality Grant Program CONTRACT FACE SHEET Contract Number: UV09- 951 -095 Washington State Department of Commerce PUBLIC WORKS BOARD 2009 -2011 URBAN VITALITY GRANT PROGRAM 1. Contractor 2: Contraetor Doing Business As (optional) City of Federal Way N/A 33530 First Way S, PO Box 9718 Federal Way, WA 98063 3. Contractor Representative 4. Public Wortcs Board Representative John Mulkey lsaac'Huang, Special Programs Manager, Public Works Board 33530 First Way S PO Box 4$319, Olympia, WA 9$504 -8319 PO Box 9718 Clare Billings, Managing Director, Contras Administration Unit Federal Way, WA 98063 PO BdX 42525, m ia, WA 98504-2525 S. Contract Amount 6 Funding Source 7. Contract Start 8. Contract End Date Cate < 24 months from contract $1,996,335.00 federal: ❑ State: O Other: ❑ N /A: ❑ Contract Execution Date execution (provided that funds are reappropriated into the 2011 -2013 biennium 9. Federal Funds (as applicable) Federal Agency CFDA Number . N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # -- 911462550 14. Contract Purpose The Board and the Contractor have entered into this Contract to undertake an Urban Vitality Grant Program` project that furthers the goals anti, objectives of Washindton State, as indicated in the Engrossed Substitute Noose Bill 1216, Section 1050 (4), enacted on May 15, 2009. The Board; defined as the Washington State Public Works Board, and Contractor acknowledge and accept the tertls of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including ATTACHMENT I: PROJECT SCOPE OF WORK; ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT; ATTACHMENT Ill: ESTIMATED PROJECT COSTS; ATTACHMENT IV: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES; and ATTACHMENT V: CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN LEED CERTIFICATION PROCESS. FOR THE CONTRACTOR FOR THE PUBLIC WORKS BOARD Signature JoM LaRocque, Executive Director Print Name Date APPROVED AS TO FORM ONLY Title This 7 jh Day of December. 2009 Rob McKenna Attorney General Date Signature on File Kathryn Wyatt Assistant Attorney General City of Federal Way Page 1 Contract Face Sheet UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program CONTRACT TERMS AND CONDITIONS PUBLIC WORKS BOARD 2009 -2011 URBAN VITALITY GRANT PROGRAM Part 1 . SPECIAL TERMS AND CONDITIONS 1.1. DEFINITIONS As used throughout have the meaning s. A. "Contract" shall B. agents of this C 2 d 1.3. P this 2009 -2011 Urban Vltafify Grant Program Contract the following terms shall et fot�th below: mean this 2009 -2011 Urban Vitality Grant Program Contract'. 11 mean the entity identified on the Contract Face Sheet performing service(s) act and who is a party to the Contract, and shall include all employees and ontractor. Il mean the Washington State Public Works Board created in Revised Code of ,W) 43.155.030, and who is a Party to the Contract. honty of Chapter 43.155 RCW, the Board has awarded the Contractor a 2009 - aubltc works grant for a local government serving high density urban :ngrossed Substitute House Bill 1216, Section 1050,(4), enacted on May 15, opriation to support a Temporary Public Works Board Grant Program and Board to administer those funds. nd the Contractor have entered into this Contract to`undertake an Urban Vtelity`Grant- Ject that furthers the goals and objectives of Washington State. The project will be Dy the Contractor and will include the activities identified in ATTACHMENT t: PROJECT WORK. The project must be undertaken in accordance with the Contract terms and ind all applicable state and local laws and ordinances, which by this reference are I into this Contract as though set forth fully herein. 1.4. ORDER OF PRECEpENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order A. Applicable federal and State of Washington statutes and regulations. B. Special Terms and Conditions including all the attachments. C. General Terms and Conditions. 1.5. GRANT AMOUNT The Board shall pay an amount not to exceed the awarded grant amount of $1,996,335.00 for the eligible costs necessary for or incidental to the performance of work as set forth in ATTACHMENT I: PROJECT SCOPE OF WORK. City of Federal Way Page 2 Contract Terms and Conditions UV09- 951 -095 12122/2009 2009 -2011 Urban Vitality Grant Program 1.6. TIME OF PERFORMANCE The Contractor shall begin the activities identified within ATTACHMENT I: PROJECT SCOPE OF WORK no later than two (2) months after the date of Contract execution. No later than twelve (12) months after the date of Contract execution the Contractor must begin the construction. No later than twenty -four (24) months after the date of Contract execution the Contractor must reach project completion. Project completion is reached when all activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK are complete. Failure to meet Time of extenuating circumstan deadline for project con 1.7. The A rice shall constitute: default under this Contract. In the event of ontractor may request, in writing, that the Board extend the I at the time of Contract execution. The nt upon the Contractor certifying that it has as set forth in ATTAGHMENT II: E AVAILABILITY OF F all the project activities identified in ATTACHMENT I:_ PROJECT SCOPE' OF WORK. complete This grant program requires the Contractor to provide local share funding for a minimum of ten percent (10 %) of the total project cost The Contractor pledges to use an amount of local funds as local project share of not less than 60.00% of the total project cost as submitted by the Contractor in the grant application. The local share must not be funded by state grants, state loans, federal grants, or national foundations funds. The amount of the local share funds will be verified again at project completion and must be equal to the percent share of 60.00% as pledged In the grant application. Only expenditures' made on or after July 1, 2009, may be used as match for local project share. The Contractor shall maintain records sufficient to evidence that it has access to or has expanded funds from such sources, and shall make such records available for the Board's review upon reasonable request. 1.8 MODIFICATION TO THE +PROJECT COSTS Notwithstanding any other provision of this Contract, the Contractor may, at its discretion, matte modifications not to exceed fifteen percent (15 %) of each Cast category item in the ATTACHMENT III: ESTIMATED PROJECT COSTS. The Contractor shall notify the Board in writing when making any budget modifications that would exceed fifteen percent (15 %) of any cost category tine item as identified in ATTACHMENT III: ESTIMATED PROJECT COSTS. Nothing in this section shall be construed to permit an increase in the amount of grant funds under this program available for the project, as set forth in Section 1.5 of this Contract. 1.9. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the Contractor shall be made on a reimbursement basis only. For the purposes of this Contract, eligible costs shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days. Only costs that have been incurred on or after July 1, 2009, and which are not counted as local share, are eligible for reimbursement under this Contract. Eligible project costs must consist of expenditures eligible under WAC 399 -30- 030(3) and be related only to the project activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK. City of Federal Way Page 3 Contract Terms and Conditions UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program 1.10. BILLING PROCEDURES AND PAYMENT The Board shall reimburse the Contractor for eligible project expenditures up to the maximum grant amount under this Contract, as identified in Section 1.5. When requesting reimbursement for costs incurred or expenditures made, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the ATTACHMENT I: PROJECT SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a, Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Board will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and the Project Status Report, the Board shall:; promptly rem it a warrant to the Contractor. Requests for reimbursements for costs related to construction actlViltits will trot be aocepted until the Contractor provides proof of compliance with Governor's Executive Order 0, 6=05 or Section 106 of the National Historic Preservation Act, whichever applies to this project, as described in Section 1.12. A sum of ten percent, (10 %) of the grant amount will be retained until all project activities as identified in ATTACHMENT 1: PROJECT SCONE OF WORK are complete and a Certified Project Completion Report is completed and submitted by the Contractor, as described in Section 1.11. The Contractor shall submit all Invoice Vouchers and all required documentation to: Contracts Administration Unit Department of Commerce PO Box 42625 Olympia, WA 38604 -2525 The Board will pay the Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Board not more often than monthly. Payment shall be considered timely if made by the Board within thirty (30) calendar days after receipt of properly completed` invoices. Payment shall be sent to the address designated by the Contractor. The Board may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the Board. Duplication of Billed Costs. The Contractor shall not bill the Board for services performed under this Contract, and the Board shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. City of Federal Way Page 4 Contract Terms and Conditions UV09- 951-095 12/2212009 2009 -2011 Urban vitality Grant Program 1.11. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The Contractor shall complete a Certified Project Completion Report when activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK are complete. The Board will supply the Contractor with the Certified Project Completion Report forms upon request. The Contractor shall provide the following information to the Board: A. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in ATTACHMENT I: PROJECT SCOPE OF WORK. B. A certified statement that the project, as described in ATTACHMENT I: PROJECT SCOPE OF WORK, is complete end, if appticable, meets required standards. C. Certification that all costs assomated with the project have been incurred and have been accounted for. , Costs are incurred when goods and services are received and /or contract work is performed'. The amount of the local share funds at project completion must be equal to the percent share of 50.00% as pledged in the grant application. ' The Contractor will submit the Certified Project Completion Report together with the last ltnvoiee Voucher for a sure "not to exceed''the balance of the grant amount including the ten percent (10%) retainage, as described in Section 1.10. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in ATTACHMENT 1: PROJECT SCOPE OF WORK and the Beard's receipt of the Certified Project Completion Report. 1.12. HISTORICAL AND CULTURAL ARTIFACTS Governor's Executive Order 05- requirements must be fully met prior to commencing construction. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the Board and the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Contractor's project funded by this Contract_ In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05 -05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre- requisite to receipt of funds under this Contract. The Contractor agrees that, unless Contractor is proceeding under an approved historical and cultural artifacts monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall' immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP. The Contractor shall require this provision to be contained in all sub - contracts for work or services related to ATTACHMENT I: PROJECT SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and City of Federal Way Page 5 Contract Terms and Conditions UV09- 951 -095 12/2212009 2009 -2011 Urban Vitality Grant Program Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25 -48 regarding Archaeological Excavation and Removal Permits. Contractors such as Native American Tribes that are exempt from Governor's Executive Order 05- 05 requirements must show proof of exemption and must demonstrate that they have coordinated with their Tribal Historic Preservation Office for impacts to above- and below - ground resources. Contractor agrees to furnish to the Board copies of any monitoring plan or agreement arising from Contractor's coordination and consultation with DAHP or any affected tribe(s). Completion of the Sectioh 106 of the Natior completion of Governor's Executive Order 1 permitting. Failure by Contractor to fully comply with'th No Preservation Act may substitute for the project involves federal funding or the satisfaction of the Board shall result in a suspension of cost reimbursements or termination of this Contract if not timely cured. In the event that the Contractor finds it necessary to amend ,ATTACHMENT I: PROJECT SCOPE OF WORK, the Contractor may be required to re- comply with Governor's' Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever applies to this project. 1.13. ER PORTS The Contractor shall furnish the Board with Project Status Reports when submitting Invoice Vouchers (as described in Section 1.10), Quarterly Project Reports at the end of each quarter, a Certified Project Completion Report at project completion (as described' in Section 1.11), and other reports as the Board may require. Failure to file reports as requested may result in termination of this Contract, 1.14. EVALUATION AND MONITORING The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the Board, including site inspections, if necessary. The Contractor may be asked by the Board to provide photographs, either hard copy or electronically, which visually depict the progress made on the project. The Board or the State Auditor and any of their representatives shell have full access to and the right to examine all of the Contractor's records with respect to all matters covered in this Contract. Such representatives shall be permitted to audit, examine, and make excerpts or trartscripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Contract. Such rights last for six (6) years from the date final payment is made hereunder: 1.15. OWNERSHIP OF PROJECT /CAPITAL FACILITIES The Board makes no claim to any real property improved or constructed with funds awarded under this Contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and /or equipment constructed or purchased With state funds under this Contract. This provision does not extend to claims that the Board may bring against the Contractor in recapturing funds expended in violation of this Contract. City of Federal Way Page 6 Contract Terms and Conditions UV09- 951-095 12/22/2009 2009 -2011 Urban Vitality Grant Program 1/10L The Contractor understands and agrees that any or all assets acquired, constructed, or otherwise improved by the Contractor using the funds under this Contract shall be held and used by the Contractor f the purposes stated in ATTACHMENT 1: PROJECT SCOPE OF WORK for a period ofatleast ten (1O) years from the date the final payment iamade. For a period of at least ten (10) years ' from the date the final payment is made, in the event that the Contractor decides to change or transfer ownership of any or all assets acquired, constructed, or otherwise improved by the Contractor usingt funds under this Contract, the Contractor agrees that any such decision or action must be su I b nd approved by the Board in writing at least thirty (30) days prior to the ex on of such decision or action. In the event the Contteictor is found to be out of compliance with this section, the Contractor shall repay the principal amount of the grant as statod in Section 1.5 ' plus interest calculated at the rate of interest on State of Washington general obligation bonds issued most closely to the effective date of the legislation in which this grant program asset was authorized. Repayment shall be made pursuant to Section 1.21. Recapture Provision. The Contractor understands and agrees that any facility [eased b the Contractor that Is constructed, renovated, or otherwise Improved using state funds under this Contract shall be used by the Contractor for the purposes stated in ATTACHMENT 1: PROJECT SCOPE OF WORK for a period of at least ten (10Y years from the date the final payment is made. In the event the Contractor is found to be out of compliance with this section, the Contractor shall repay the principal amount of the grant as stated in Section 1.5, plus interest calculated at the rate of interest on State of Washington general obligation bonds issued most closely to the effecUlve date of the legislation in which this grant program was authorized. Repayment shall be made pursuant to Section 1.21. Recapture Provision. If, during the period covered communication, publication, any such communication or ictor displays or circulates any �ing the financial participants in the project, ie Taxpayers of Washington State" as a p="c" 1.19. PREVAILING WAGE LAW . . The project funded under this Contract is subject to state prevailing wage law (Chapter 39-12 RCW). The Contractor is,advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine the prevailing wages that must be paid. The Board is not responsible for determining the prevailing wages applying to this project or for any prevailing wage payments that may be requited by law. 1.20, INSURANCE All self-insured risk management programs or self-insured/flability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: Governmental AtoounbnQ Standards Board *GASBA. Financial Accounting Standards Board ' and Cfty of Federal Way Page 7 Contract Terms and Condffiono UV09-951-095 12/22/2009 2009-2011 Urban vitality Grant Program iii. The Washington State Auditor's annual instructions for financial reporting. Contractors participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The State of Washington, its agents, and employees need not be named as additional insured under a self- insured property /liability pool, if the pool is prohibited from naming third parties as additional insured. Employers Liability ( "Stop Gap') Insurance. In addition, the Contractor shall buy employers liability insurance and, if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily lrtjury by accident of $1;000,000 each employee for bodily injury or disease. Unemployment and Industrial Insurance. The Contractor shall be in full compliance with all state unemployment and industrial insurance laws while performing work under this contract. The Board will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for the Contractor. or artv subcontractor or emDlovee of the Contractor, which alight arise u trom injury or loss ar be at the sole risk of laws during performance of this contract. and vandalism insurance or all -risk insurance to cover the project work construction. The Contractor shall take all necessary precautions for the working on the project, and shall comply with all applicable provisions of safety laws and building codes to prevent accidents or injuries to person yell protect the property )rk of the Contractor shall fire, extended coverage, du the course of safety of employees federal, state, and local s, on, about, or adjacent to the premises where the work is being performed. 1.21. RECAPTURE PROVISION In the event that the Contractor fails to expend state funds in accordance with state law andfor the provisions of this Contract, the Board reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the Board is required to institute proceedings to enforce this recapture provision, the Board shall be entitled to its cost thereof, including reasonable attorney's fees. 1.22. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Contract are withdrawn, reduced, or limited in any way by the Washington State Governor or Legislature during the Contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of the Board, and shall meet and renegotiate the Contract accordingly. 1.23. REAPPROPRIATION The parties hereto understand and agree that any state funds not expended by June 30, 2011, including the ten percent (10 %) retainage as described in Section 1.9, will lapse on that date unless specifically reappropriated by the Washington State' Legislature or Governor. The Board will make all necessary efforts to seek reappropriation of funds into the 2011 -2013 biennium. If funds are so reappropriated, the Board's obligation under the terms of this Contract shall be contingent upon the terms of such reappropriation. City of Federal Way Page 8 Contract Terms and Conditions UV09- 951 -095 12122/2009 2009 -2011 Urban Vitality Grant Program Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall ,mean the Public Works Board Chair and /or the designee authorized in writing to act on the Chair's behalf. ' B. "Contractor" shall mean the Contract, and shall inctude C. "The Board" Washington performing service(s) under this and created in Revised Code of •act. D. "Personal limited to, or but not business, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" end "subcontractors" mean subcontractor(s) in any tier. 2.2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3. ALL . WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5. AMERICANS WITH DISABILITIES ACT fADAI OF 1990, PUBLIC LAW 10't -33 ALSO REFERRED TO AS THE "ADA" 2$ CFR,PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and teleco rnmunicatlons. 2.6. APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. City of Federal Way Page 9 Contract Terms and Conditions UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program 2.8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.9. AUDIT A. General Requirement Contractors are to proc The Contractor shall m and shall ensure that 6 The Contractor is respc of its Subcontractors., The Board reserves the the audit. As applicable, Contras accordance with Gene Standards (the Revise d Responses to any unr be included with the a information or correctiv request. B. State f=unds Require Contractors expending financial audit as defin according to Generally Assistance must be In Contractor agency State program na BARS account nun Contractor Aciencv contract n owing guidelines. as to facilitate the audit requirement nsible for any audit exceptions incurred by its own organization or that right to recover from the Contractor all disallowed costs resulting from Contract required to have an audit must ensure the audits are perforyned in Genet Accepted Auditing Standards (GAAS); Government Auditing Yellow Book) developed by the Comptroller General. esolved management findings and disallowed or questioned costs shall au report. The Contractor must respond to the Board requests for e action concerning audit issues within thirty (30) days of the date of rnents $'100,000 or more in total state funds in a fiscal year must have a ed by Government Auditing Standards (The Revised Yellow Book) and Accepted Auditing Standards (GRAS). The Schedule of State Financial Inc The schedule includes: name me ber M count including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance; Program total If the Contractor is a state or local government entity, the Office ce of the State Auditor shall conduct the audit. Audits of non - profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Board. City of Federal Way Page 10 Contract Terms and Conditions UV09- 951 -095 1212212009 2009 -2011 Urban Vitality Grant Program C. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A -133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: 2.10. 2.11. Department of Commerce ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504 -8304 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Board. • Copy of the Management letter. CODE REQUIREMENTS " All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.I=.R Part 35 will be required, as specified by the local building Department. CONFIDENTIAL ITYISA_FEQ_UARDING OF INFORMATION A. "Confidential Information as used in this section includes: a. , All material provided to the Contractor by the Board that is designated as "confidential" by the Board; b. All material produced by the Contractor that is designated as "confidential" by the Board; and c. All personal "information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and °other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall Comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall ; provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures.- The Contractor shall make the changes within the time period specified by the Board. ,Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. City of Federal Way Page 11 Contract Terms and Conditions UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program 2.12. CONFORMANCE If any provision of this Contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectua'property rights, moral rights, and rights of publicity to the Board effective from the ftment of creation of such Materials. "Materials" means all Items in any format and includes, but is not limited to, data,, reports, documents, pamphlets, advertisements, books, magazines; surveys, studies, computer programs, films, tapes, and /or sound reproductions. "Ownership" includes the,right to copyright, patent, register and the ability to transfer-these rights.' For Materials that are delivered under.the Contract, but that incorporate pre - existing materials not free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights; moral rig h hts and rights of publicity, necessary to grant'such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials` furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claiim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Chair of the Board, who may designate a neutral person to decide the dispute. The request for a dispute hearing must. • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Chair and the other party's (respondent's) Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Chair or the Chair's designee and the requestor within five (5) working days. City of Federal Way Page 12 Contract Terms and Conditions UV09- 951 -095 12122/2009 2009 -2011 Urban Vitality Grant Program The Chair or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Chair or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract alternate dispute resole above. 2.16. DUPLICATE MMM The Contractor certifies to be charged against a 2.17. ETHICS /CONFLICTS 0 Service Act (Chapte conflicts of interest. 2.18. GOVERNING LAW, This Contract shall k Washington, and the Thurston County. 2.19. INDEMNIFICATION To the fullest extent or death arising out representatives. nstrt;ted td Itmit.the parties' choice of a mutually acceptable method in addition `'to the dispute hearing procedure outlined be performed under this contract sloes not duplicate any work ntract, subcontract, or other source. UE 9d and interpreted in accordance with the laws of the state of any action brought hereunder shall be in the Superior Court for by law, the Contractor shall indemnify, defend, and hold harmless the 1, all other agencies of the state and all officers, agents and Ind against all claims or damages for injuries to persons or property ant to the Contractor's performance or failure to perform the Contract. indemnify, defend, and hold harmless includes any claim by the ;s, representatives, or any Subcontractor or its agents, employees, or The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harrrdess the Contractor, the Board, the state of Washington, Its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 2.20. INDEPENDENT CAPACITY 00 THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. . City of Federal Way Page 13 Contract Terms and Conditions UVS951 -095 12/2212009 2009 -2011 Urban Vitality Grant Program 2.21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L &I) Division of Insurance' Services. This provision does not waive any of L &I's rights to collect from the Contractor. 2.22. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Washington State Laws and Regulations Affirmative action, RCW 41.06.020 (11). Beards of directors or officers of non - profit corporations Liability - Limitations, RCW 424.264. Disclosure- campaign finances - lobbying, Chapter 42.17 RCW: Discrimination -human rights commission, Chapter 49.60 RCW. Ethics in public service, Chapter 42.52 RCW. Housing assistance program, Chapter 43.185 RCW Interlocal cooperation act, Chapter 39.34 RCW. Noise control, Chapter 70.107 RCW. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02 WAC. Open public meetings act, Chapter 42.30 RCW. Prevailing wages on public works, Chapter 39.12 RCW. Public'records act, Chapter 42.56 RCW. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW. Shoreline management' act of 1971, Chapter 90.58 RCW. State budgeting, accounting, and reporting system, Chapter 443.88 RCW. State building code, Chapter 19.27 RCW and Energy - related building standards, Chapter 19.21A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW. State Coastal Zone Management Program, Publication 01 -06 -093, Shorelands and Fn%Arnnm antral Aceietanna Prnnram 1Nachinntnn State 'ni4nnrtmPnt of Feoloav_ State environmental policy, Chapter 43.21 C RCW. State Executive Order 05 -05 Archeological and Cultural Resources. 2.23. LICENSING-ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.24. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. City of Federal Way Page 14 Contract Terms and Conditions UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.27. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter42.17 RCW and the Federal Hatch Act, _5 USC 1501 -1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.28. PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to "the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Pald" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 3912 RCW, and shall make such records, available for the Board's review upon request. 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.30. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name Is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred" or implied, without the prior written consent of the Board. 2.31. RECAPTURE In the event that the Contractor falls to perform this contract in accordance with state laws, federal laws, and /or the provisions of this contract, the Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity: Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, the Board may recapture such funds from payments due under this contract. 2.32. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect City of Federal Way Page 15 Contract Tema and Conditions UV09- 951-095 1212212009 2009 -2011 Urban Vitality Grant Program costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.34. RIGHT OF INSPgO10N At no additional cost to the to under this Board, the r to monitor Contract shall be subject at all - reasonable times to Inspection, review, and audi Office of the State Auditor, and federal and state officials so authorized by law,' and evaluate performance, compliance, and quality assurance under this 66ntr shall provide access to its facilities for this purpose. 2.35. §AVIV aGSS In the event fundino from ;state, federal. or other sources is withdrawn, reduced way terry iination for ination, the or limited in any n- -_r ........ funding limitations and conditions. 2.36. SEVERABILITY if any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the Invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.37. SUBGONT ; CTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Federal Way Page 16 Contract Terms and Conditions UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program 2.38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.39. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40. TERMINATION FOR CAUSE f SUSPENSION In event the Board'' determines that the Contractor failed to comply with any term or condition of this Contract, the Board ropy terminate the Contract in, whole or in park upon written notice to the Contractor. Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, the Board upon written notice =may allow the Contractor a specific period of time in which to correct the non - compliance. During the corrective - action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding,'mailing, advertising, and staff time). 2.41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Board, the Contractor shall A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the State all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliverables and /or the Board property in the Contractor's possession as directed by the Board. City of Federal Way Page 17 Contract Terms and Conditions UV09- 951-095 12/22/2009 2009 -2011 Urban Vitality Grant Program Upon termination of the Contract, the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall riot be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. City of Federal Way Page 18 Contract Terms and Condidons UV09- 951 -095 1212212009 2009 -2011 Urban Vitality Grant Program ATTACHMENT I: PROJECT SCOPE OF WORK PUBLIC WORKS BOARD 2009 -2011 URBAN VITALITY GRANT PROGRAM award, s 1provernents, structural retaining % ng approximately 14 new street fig ly 1,320 As of ,, traffic landscaping improvements, and other work. If the above scope of work Includes engineering, planning, or design activities, the Contractor shall make all plants and documents funded in whole or in part by this Contract available for the Board's review upon reasonable request. The project will be considered complete when all the activities identified in the above scope of woric`are complete. Additionally, the project performance measures listed below must be accomplished by the end of November 2010, The project will improve Level of Service (LOS) at the project site and travel time along the S 348th Street corridor. Currently, the Intersection is operating at LOS "13" with 52.3 seconds of delay during the PM peak period. The proposed improvements would improve the Level of Service to LOS "C" with 27.9 seconds of delay. Corridor travel time in both directions would be Improved significantly due to a reduction in congestion, increased traffic flow through the intersection, and reduction in delay. These measures will be measured using evening peak hour traffic counts the City of Federal Way collects every other year as part of our concurrency monitoring system. The traffic counts are then evaluated using Synchro and Highway Capacity Manual methodology (traffic analysis software) to calculate the performance measures. Current levels are based on 2008 counts increased at a;growth factor of 2% to approximate 2009 current conditions. Traffic counts will be taken in the fall of 2010 after completion of the project, and evaluated in Synchro to calculate the final performance measures. The Contractor, by its signature below, certifies that the project's scope of work and performance measures set forth above have been reviewed and approved by the Contractor's governing body as of the date and year written below. City of Federal Way Page 19 Attachment I: Project Scope of Work UV09- 951 -095 12/22/2009 2009 -2011 Urban Vitality Grant Program SIGNATURE NAME TITLE City of Federal Way Page 20 Attachment I: Projed Scope of Work UV09- 951 -095 12122/2009 2009 -2011 Urban V'dality Grant Program ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT PUBLIC WORKS BOARD 2009 -2011 URBAN" VITALITY GRANT PROGRAM This Urban Vitality Grant Washington State Public Works Board $1,996,335.00 11111111111�cf ME, { {', 'iy • _ • _ r I�1 �� ®� 'r i 1 1 H IMP r�s •_ 11i • _ $0./' • �� ill�l' I 1 / 1 • • � � � c .�.f � � ; +uy try � f �� `�� t 1 • - - • 1 • - - - ��r 1 1 1 • - - - 'r 1 1 1 L aj 1 11 1 • 1 -• 1 , 1 1 1 � 1 1• 1'1' li' 1 �. �� . The Contractor, by its signature below, certifies that project funding from sources other than those provided by this Contract and identified above has been reviewed and approved by the Contractor's governing body or board of directors, as applicable, and has either been expended for eligible project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the activities described in ATTACHMENT I: PROJECT SCOPE OF WORK, as of the date and year written below. The Contractor shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the activities described in ATTACHMENT I: PROJECT SCOPE OF WORK, and shall make such records available for the Board's review upon reasonable request. SIGNATURE NAME TITLE DATE City of Federal Way Page 22 Attachment 11: Availability of Funds Certification UV09- 951 -095 12/22/2009 2009-2011 Urban Vitality Grant Program ATTACHMENT III: ESTIMATED PROJECT COSTS PUBLIC WORKS BOARD 2009 -2011 URBAN VITALITY GRANT PROGRAM Contractor: City of Federal Way Contract Number: UV09 -951 -096 Engineering Report $0.00 Environmental Review $0.00 IiartdlF��l�it�f��y A��ufsi�n ; � Permits $0.00 Pt.ibFic tnvolvemectl(f�tl'dattorl ' � , �0 X10 Bid Documents $0.00 Corts#rtiat� .3,F7 Imo' Other Fees (Sales or Use Taxes) $2,700.00 Contirtgency: Fq,QO °fo $317, IFt1.fi Other: Construction Management $436,100.00 atfter King Gottrity %ap coon (stgna ,streetlight wol $15Ft 00: Other: Puget Sound Energy Facility Relocation $50,000.00 Other $0, Other: $0.00 :Other: ffi0 TOTAL ESTIMATED PROJECT COSTS $3,992,670.00 The Contractor, by its signature below, certifies that the Estimated Project Costs set forth above have been reviewed and approved by the Contractor's governing body or board of directors, as applicable, as of the date and year written below. SIGNATURE NAME TITLE .DATE City of Federal Way Page 23 Attachment III: Estimated Project Costs UV09- 951 -095 1212212009 2009 -2011 Urban Vitality Grant Program ATTACHMENT IV: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES PUBLIC WORKS BOARD 2009 -2011 URBAN VITALITY GRANT PROGRAM : VVEliR: -R\i. ■�M�YN�r • V tVM - VV - v vv The Contractor, by its signature below, certifies that all contractors and subcontractors performing work on the project as described In ATTACHMENT 1: PROJECT SCOPE OF WORK shall comply with prevailing wage laws set forth in Chapter 39.12 RCW as applicable to the project funded by this Contract, including but not limited tp the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required 'by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request. If any state funds are used by the Contractor for the purpose of construction, applicable State Prevairing Wages must be paid. The Contractor, by its signature' below, certifies that the declaration set forth above has been reviewed and approved by the Contractor's governing body as of the date and year written below. SIGNATURE NAME TITLE DATE City of Federal Way Page 24 Attachment IV: Prevailing Wages Certification UV09- 951 -095 1212212009 2009 -2011 Urban Vitality Grant Program ATTACHMENT V: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS PUBLIC WORKS BOARD 2009 -2011 URBAN VITALITY GRANT PROGRAM Contractor: City of Federal Way The Contractor, by its Environmental Design project described in X Contractor shall, upon documentation of suet The Contractor, by Iter into the Leadership in Energy and lated in ROW 39.35D, as applicable to the F WORK funded by`this Contract. The nited States Green Building Council, provide laration set forth above has been reviewed City of Federal Way Page 25 Attachment V: LEED Certification UV09- 951-095 12/2212009 2009 -2011 Urban vitality Grant Program the Board. SUBJECT: 2010 Asphalt Overlay Program Revised Preliminary Project List and Authorizati to Bid POLICY QUESTION Should the Council approve the Revised 2010 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the design and bid of the proposed 2010 Asphalt Overlay Program? COMMITTEE Land Use and Transportation Committee MEETING DATE January 4, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY_Marwan Salloum, P.E., Deputy Public Works DirectorbE Pu blic Works Attachments: Land Use and Transportation Committee memorandum dated January 4, 2010. Options Considered: 1. Approve the revised list of streets for the 2010 Asphalt Overlay Project as presented. Furthermore, authorize staff to bid all or part of the 2010 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2010 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. 3. Take no action and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the January 19, 2010 City Council Consent Agenda for approval. N CITY MANAGER APPROVAL: // i �nni DIRECTOR APPROVAL: ap Council o itt ommittee Council COMMITTEE RECOMMENDATION: Forward i9A 1 to the January 19, 2010 Council Consent Agenda for approval. Linda Kochl*ar. Chair imTerrell, Member Member PR6 POSED CO WL& MOTION "I 60' e approval of the updated list of streets for the 2010 Asphalt Overlay Project as presented. Furthermore, I authorize staff to bid all or part of the 2010 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2010 Asphalt Overlay Budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM: Marwan Salloum, P.E., Deputy Public Works Director Jeff Huynh, Street Systems Engineer 44 SUBJECT: 2010 Asphalt Overlay Program Revised Preliminary Project List and Authori to Bid BACKGROUND: As part of the 2009 -2010 mid - biennium budget adjustments the City Council appropriated and additional $500,000 to the 2010 overlay program. The new total estimated budget for the program is $2,173,435 and is comprised of the following: 2010 Proposed Overlay Budget $1,400,000 2009 -2010 mid - biennium budget adjustments $500,000 2010 Structures Budget $146,267 2009 Carry Forward (estimate) $127,168 TOTAL FUNDING AVAILABLE $2,173,435 The following is revised preliminary list of streets to be included in the 2010 Asphalt Overlay Program based on the additional funding for the 2010 overlay budget. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRIPTION AMOUNT A 1s Way South —S 338 to S 344 Street $419,900 B S 317 Street — 23` to 28 Ave $202,300 C Milton Road (S 369 to City limit) $376,000 D 23r Ave — S 319' to S 322 Street $240,000 E S 320 Street —11 Ave to 8 th Ave $271,000 F S 320 Street — 8 Ave to 6 Ave $213,000 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,219,100 10% Construction Contingency $221,900 Pavement Management System $35,000 In -house Design $63,000 Construction Administration $115,000 City's Administrative Fee $72,000 Printing and Advertising $3,500 ESTIMATED TOTAL PROGRAM COST: $2,729,500 January 4, 2010 Land Use and Transportation Committee 2010 Asphalt Overlay Program Page 2 of 2 The estimated cost of $2,729,500 is a preliminary figure used for estimating purposes only and includes construction administration, ten percent construction contingency, in -house design and construction management, printing and advertising. The 2010 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is February 2010, with construction beginning in May 2010. k:Uutc\2009 \01 -04 -10 2010 Asphalt Overlay list update.doc ca N NA- 1st Way S N B - S 317th Street N C - Milton Road ND- 23rd Ave S E - S 320th Street F - S 320th Street N G - Marine View Estates H - SW 296th Street Streets City of Federal Way Map Printed-Dec 14 2009 Map roads by -Can N 2010 Asphalt Overlay Preliminary List Federal Way CityMap Note: This rtrep !8 krtended for use as a repreaenfetfon a*- The C>ty Federal Way makes no saIy as to /ts acauecy. CT tx� v S 337 LN s 337 CP LN g336 S' CO) CR J S 338 ST S 338 P a L vR S s CO J a cn g3Rti 5 ' PUS DR >t sk i S 346 LN e C/) 4b. 347 PL Q "' N a Q S 348 ST 348 CT N Schedule A 1St Way South F ederal Way CityMap Map Pdnted-Sep 17 2009 N Map nude by ote: 7hts rrrep rs tntended for use as a l ropresentaBon only � me trey of Federal Way makes no wananly ss to its aoaxacy. CV U) Q ST N S 315 LN J S 316 LN N 4, Cn s S 317 ST N s � 319 PL JD G� S320S N N Schedule 6 S 317th St Federal way CityMap Map Prink deep 17 2009 Note: ThIs mep Is Intended ror use as a �ephkxl rep�esen fon aroy Mop made by 4kcm me cny or reden9/ way makes no wa►n�nly as ro Irs eccu►acy. �h CO N �� S ST 53 0 5 370 CT CO y s 372 ST S 371 PL S373 s37 PL C Ca S374 v s cS'�jSS� 5 ��'� PL N OA, C 5 315 4 9 17 6 ST S3-NO a) a 013 J N Schedule C Milton Road S Federal wa CityMap Map Printed-Up 17 2009 Mote: This map is intended Rx use as a grapl►kal repreaer�etlon only. Map mds by � fire cuy of Federal way makes no warranty as to ffs acaxacy. N Schedule D 23rd Ave S Federal wa CityMap Map Printed,%p 17 2009 Mae: This map is kdended for use as a graptYcal rep►searKedan o*. Map mods by 4k= The GYy of Federal Way makes no arenanly as to its acgaaay. ST N S 315 LN S z S316LN N Co 9GS S 317 ST N --- 0 N S 319 PL GA y � v Q G S320S w IIIj Cn C c y 2 S 322 ST Sr N Schedule D 23rd Ave S Federal wa CityMap Map Printed,%p 17 2009 Mae: This map is kdended for use as a graptYcal rep►searKedan o*. Map mods by 4k= The GYy of Federal Way makes no arenanly as to its acgaaay. Cn Co S315ST Co S316ST S316ST U) Cn S 317S > S317ST _ CD U Cn S� S a Q ti ,cb s S 320 ST S321 ST s CID s� CO u) Q - � S 322 o, V` PL r-- N Schedule E S 320th Street Federal Way CityMap Map PrinhW-Sep 17 2009 Note: This map is Ink- d roruse as a 9►aP► ► o+uy Map maids by �n The City of Federal Way makes no wmrraMy as to its actxnacy. CO 317 ST S317S o� > 0 U') ¢ 7 A`� `� S ' C cfl a S 318 PL ` � s > GO `'��9 A cfl S 320TH ST S321 S 321 ST ST S321 C s 323 ST � CO oQ - N Schedule F S 320th Street Federal Way CityMap Map Printed -Sep V 2009 Note: rnis map !s intended for use as a grapf al reprasersaEfon onry. Map msdecm 7lie cCKyy of Federal way makes no wanenry as ro rts accuracy N Schedule G Marine View Estates Federal Way CityMap Map Printed-Dec 14 2009 Note. This map is Intended for use as a g►apt�t nrprosentaBon only. Map nand n by �n The CRy of Federal Way makes no war►arNy as to lts accuracy. U) C/) W 296 ST N ° ¢ c SW 296 ST DR SW 298 ST .SW 298 � J`EW SW N N C/) N SW 299 P4 a ¢ 0) SW 299 N 12 LN SW 300 ST Co a G a 301 W c PL Co Co S� Cn Q Q Co > N ¢ o0 SW 304 ST n ti SW SW 304 PL SW 305 S 305 S a PL 305 PL Uj T N Schedule G Marine View Estates Federal Way CityMap Map Printed-Dec 14 2009 Note. This map is Intended for use as a g►apt�t nrprosentaBon only. Map nand n by �n The CRy of Federal Way makes no war►arNy as to lts accuracy. N Schedule H SW 296th St Federal Way CityMap Map Printed -Dec 14 2009 more: rnra map rs r►ne►►aed for use as a reyoresarK�fon LUP mode by *cm The Crty of Federal way makes no wam�n[y as ro rra accuracy SW 294 S SW 295 ST Co cn r29 0 296 ST N °¢ rn� r` M SW 296 ST S ��EW pR SW 298 ST SW 298 ST SW 298 PL N � Co > SW 299 ST Sw 300 P` > ¢ Q SW 299 PL 12LN 300 ST a Co I > N Schedule H SW 296th St Federal Way CityMap Map Printed -Dec 14 2009 more: rnra map rs r►ne►►aed for use as a reyoresarK�fon LUP mode by *cm The Crty of Federal way makes no wam�n[y as ro rra accuracy SUBJECT Arts Commission 2010 Work Plan POLICY QUESTION Should the Council approve the Arts Commission 2010 Work Plan? COMMITTEE PRHSPSC CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: January 12, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: John Hutton Recreation Su ervlsor DEPT PR CS _._...._...._ _.___...._... _ _ ........_......_.._. Hutton, Recreation ..................... _ ... -- l'...._....- - - -... — ....__. ........ . .• ..._.__ Annually the Arts Commission schedules a retreat to review the current Work Plan and develop the plan for the upcoming year. The Work Plan outlines the projects, programs and associated funding for the year. In 2010, the Arts Commission will focus on updating the Cultural Plan, improving public relations- press, newsletters and web information, and creating a brochure of the City's public art. Attachments: 1. Proposed 2009 Arts Commission Work Plan 2. 2010 Arts Commission Budget Options Considered: 1. Approve the proposed Arts Commission 2010 Work Plan 2. Decline the proposed Arts Commission 2010 Work Plan and request the Arts Commission to make revisions. STAFF RECOMMENDATION Staff recommends Council approve option 1, acceptance of the proposed 2010 Arts Commission Work Plan. wy /J�,/( CITY MANAGER APPROVAL: , /,P.Y1 DIRECTOR APPROVAL: a i o eM�, Committee Council Committee Council COMMITTEE RECOMMENDATION Forward the Arts Commission 2010 Work Plan to City Council for approval on January 19, 2010 PROPOSED COUNCIL MOTION "I move approval of option 1 the acceptance of t Arts commission zu u Work Plan " (BELOW TO BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: ❑ 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 COUNCIL MOTION "I move approval of option 1 the acceptance of t Arts commission zu u Work Plan " o� 0 F W vLL w N m Q C C Z' r c p O N 3 Q C_ O O 2 t c�Ci � ? 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E OL ) c —�° a) , c cc(D c c O Ca O U o 3 0 .+ O O + C N U o o $' o ° .c y E p EU E cn ca Arts Commission Budget 2010 0017200 352 573 22 0017200 352 573 22 Part -Time Stafl Part-time Staff $400.00 Office Supplies Office Supplies $250.00 Books, Maps, Periodicals Books, Maps, Periodicals $150.00 Operating Supplies Operating Supplies $250.00 Food & Bevera e Consultants Consultants $1,100.00 Per Diem and Meals Per Diem Meal $400.00 Conference and Semmai Conference and Semina.4 $700.00 Advertisin Adyrdisinal $300.00 Association Dues 0017200 352 573 23 Association Dues 0017200 352 573 23 $200.00 Exhibit Stipends & Materials Exhibit Stipends & Materials $1,000 New Program Contracts New Program Contract (Steve $5,000 Newsletter/Fliers/Promotion Newsletter/Fliers/Promotion $10,000 Public Public Art I Receptio Rec tions $600 Red,White & Blues Festiv Red White & Blues Festival $10,000 Arts Program Scholarship4 Scholarship $500 Summer Sounds on the Beac Summer Sounds on the Beacbj $3,000 Council Allocation/Contract For Service Contract for Servicesi $40,000 *Cultural Pl Update Cultural Plan: *Estimate only- Revenue $2.980 Administration Budget. $4,250.00 Program Budget:1 1 $76,100.00 k: /artscom/budget/2010Adopted SUBJECT Arts Commission Contract for Services POLICY QUESTION: Should the City Council approve the 2010 Arts Commission Contracts for Services funding? COMMITTEE PRHSPSC MEETING DATE: 1/12/2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF R EPORT B Y : John Hutton R Supe DE PT: PRCS _....._......._ _ _........__.._... ._ R �_.. ... . The Arts Commission Contract for Services Program is a program that funds local arts organizations who provide cultural programs within the community. The City serves as a partner in the provision of services. Local arts organizations completed an application; the Arts Commission reviewed the applications, interviewed each organization and developed funding recommendations. The budget for the 2010 Contract for Services Program is $ 40,000.00 Attachments: 2010 Contract for Services Recommendation Options Considered: 1. Approve the Arts Commission 2010 Contract for Services 2. Decline the proposed Arts commission 2010 Contracts for Services funding and request the Arts Commission to make revisions. STAFF RECOMMENDATION Staff recommends Council approval of the 2010 Arts Commission Contracts for Services funding and authorization to move � / f 1 o � . r � , ward with developing contracts for services. CITY MANAGER AP PROVAL:, C 4A / ty , '°� °u / �`^ '"/ DIRECTOR APPROVAL: Aj et�' Committee Council Committee Council COMMITTEE RECOMMENDATION: FORWARD THE ARTS COMMISSION 2010 CONTRACTS FOR SERVICES RECCOMENDATIONS TO CITY COUNCIL FOR APPROVAL ON JANUARY 19, 2010 I az-lir Committee Chair `" //Co"tfee Member PROPOSED COUNCIL MOTION "I movproval of option 1, the acceptance of the Arts Commission 2010 Contracts for Services funding and autho ize staff to move forward and develop contracts for services " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ¢ t- �§ § CR i # \ \ / ! E H 2 2 � f . I ■ ■ ! $ ® ) $ tm e$ $ k § § ( t Al % £ M # § § A $ s 7 2t � $ $ k a �c > m) §§ )| z. »a ) E I| !■ 2 §� _ & 0 k 0 0 k �! 0 k 0 K o | 2 .� 7 § § § ) § § 2 \ k \ � \ a \ ) . a ) ¥ § ) OD 0 . 2 k o k o ) / a � o § ) o c, I $ a / § � § ° / ) ■ « o ) o Ln a - $ � � & C LO Q 0 k a 0 \ 0 / o k ■ ¥ } m ) 3 a CL R § ° § k ° § " v ) « # . ) f � o . b \� ) § m � J CL . CL 0 2 s r % m B §. o & » @ 2 L 7-;06 $ k / 2 k k f i k k/ iL k °7a £ ). m LJLJ COUNCIL MEETING DATE: January 19 2010 ITEM #:_h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: The Police Department is requesting permission to utilize anticipated carry forward funds to purchase 7 new bicycles to support the newly created Special Operations Unit, (SOU). POLICY QUESTION: Should the Federal Way Police Department utilize anticipated carry forward funds to properly equip the newly created Special Operations Unit with Volcanic APB Bicycles to effectively impact their patrol areas? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee - (PRHS &PS) MEETING DATE: January 12, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Ot her STAFF REPORT BY: CHRIS NORMAN, COMM DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo. 2. Volcanic APB Informational Flyer Options Considered: 1. Approve purchase of police bicycles for Special Operations Unit 2. Deny purchase STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: mi ee Council Committee Council COMMITTEE RECOMMENDATION: PRHS &PS recommends Option _ Committee Chair v / /committee Member PROPOSED COUNCIL MOTION: " ve for approval of the request by the Police Department utilize anticipated carry forward funds to puYchase Volcanic APB Bicycles and authorize the Police Chief to make the purchase. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 28, 2009 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Police Chief FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Special Operations Unit Equipment Request BackEround In the fall of 2009 the Police Department started to implement a major re- structuring in patrol operations to address the needs of the downtown core and the park system through the creation of the Patrol Special Operations Unit, (SOU). On January 1, 2010 two existing Power Squads designed to address periods of high call load will be disbanded to fully staff the newly created SOU with 6 officers and 1 supervisor. The Special Operation Unit's mission is to create and maintain a safe and secure downtown core, park system with safe access and use of the mass transit system. To successfully meet the city councils goals of creating a multi -use urban city center linked to neighborhoods and parks that also serves as the city's social and economic hub, it is essential that citizens and business owners alike feel safe and secure in this pivotal core area. To this end the mission of the SOU is to provide 7 -day week directed patrol coverage using a team of visible, accessible and pro- active officers. A well trained team of pro- active bicycle patrol officers has proven to be especially effective in similar downtown environments throughout the region and across the country. The existing inventory of dated patrol bicycles is not up to the demands of a full time team. The current "industry standard" police bicycle successfully deployed by Seattle PD and across the country by Police, Fire, EMS and Military is manufactured here in Washington State by Volcanic Bicycles. The Volcanic Approach Patrol Bicycle (Volcanic APB) is a single source product sold exclusively to the military and public safety sector. Seattle Police Department has purchased over 100 Volcanic APB's and recently awarded a seven year contact to purchase exclusively from Volcanic due to their unmatched durability and reliability. The superior frame strength and high quality components ensure a safe bicycle that will outlast and cost less to maintain than lesser brands built overseas. The Volcanic APB is a quality product with a lifetime warranty that over the life of the bicycle is a cost effective choice due to reduced wear and tear on expensive drive train components. The Volcanic APB will provide officers the platform they need to effectively impact crime and safety issues in the downtown core and park system. Proposal The Police Department is seeking council approval to purchase seven (7) Volcanic APB Police Bicycles complete with the requisite accessories that include lighting, rack, and equipment bag for a total cost of $15,162.39 inc. tax. Funding Source The full implementation of the SOU is the department's highest priority. To fully realize this goal, unspent 2009 police budget funds should be carried forward to cover this currently unbudgeted expense. Although we anticipate minimal maintenance costs due to our own "in house" bike mechanic and extended longevity (5 -10 years) due to the high quality of this product we will endeavor to identify a replacement reserve funding stream. 2 -AdIL T 9 E E Ti H 5R E R, EW"4 Avow AIV A w N , A , w V I i t wo AiF, 11 -110E 7f F,14 H TC 31 M-01' TO^ fav4tWL.-Hussefelt Crank Set WTS S�epd ' Ayf# OkTtlecAi i6al Dlsc'Btakes D*; A�* e - SIA is �Os -Ciai� -7 C.ShIfters S'drfaA Dnfter 26x2.0 Pavement Ti ar n:ob dri is Difflension Pedals witt& � Straps 1Mpllkeur iwi- tam - 04, IU4 nt Kickstand 6ni berblaur MIRU de 11 PG- 0 etp A . 0 Chain �� ;l�� '� • �� 1 Price afid SpocTffckion Subject to h6Me SUBJECT: Purchase three new police motorcycles, replacing one Harley- Davidson motorcycle scheduled for replacement and two Harley- Davidson motorcycles prior to their normal replacement schedule, using Replacement Reserve money currently allocated for these vehicle replacements. POLICY QUESTION: Should the City of Federal Way /Police Department use available Replacement Reserve monies to purchase three (3) new Honda police motorcycles, replacing Harley- Davidson motorcycles, for the Police Traffic Section, as a first step to address forced elimination of Harley- Davidson leases and to reduce high, unanticipated maintenance costs. COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: 01/12/10 Council Committee - (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: STAN MCCALL, COMMANDER Attachments: 1. PRHS &PS Staff Memo ❑ Public Hearing ❑ Other DEPT: Police Department Options Considered: 1. Purchase one new Honda motorcycle —to replace expired leased & returned Harley- Davidson motorcycle. 2. Purchase three new Honda motorcycles — to replace one expired lease and two older Harley - Davidson. STAFF RECOMMENDATION: Staff recommends Option 2. CITY MANAGER APPROVAL: i-A/I /or Ow /O DIRECTOR APPROVAL: Committee Council A110 COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair PROPOSED COUNCIL MOTION: `I rrove approval of the request by the Police Department to use available Replacement Reserve money to purchase the requested replacement vehicles for the Traffic Section. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 18T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 28, 2009 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Chief of Polic FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Purchase of Three (3) Honda ST 1300 -P Police Motorcycles Background In 2006, the Police Traffic Unit converted from Kawasaki's to the Harley- Davidson FLHTP motorcycle. The primary reason for this change of equipment was that many Harley- Davidson dealerships began to offer a lease buy -back program to police agencies, which represented a potential cost savings over purchasing. As a result of this new leasing option we initiated a partial lease and partial purchase formula in order to take advantage of these cost savings. The Traffic fleet is now a mix of leased and owned motorcycles. Unexpectedly, Harley- Davidson eliminated their motorcycle leasing program earlier this year. So, as these leases expire we are forced back into purchasing replacement motorcycles. The Traffic Unit is authorized to have eleven (11) motorcycles. At present, we have eight (8) Harley - Davidson street motorcycles and two (2) off -road, Dual-Sport motorcycles. We returned one of our expired Harley- Davidson leased motorcycles several months ago and have not yet replaced it. Four of the remaining eight Harley's are currently leased and those leases expire in the last quarter of 2010. At that time, we will need to return to a fully owned motorcycle fleet. Harley- Davidson Maintenance and Safety Issues Since converting from Kawasaki to Harley- Davidson in 2006, we have experienced numerous factory recalls and many unanticipated maintenance problems associated with Harley- Davidson motorcycles. Some of these problems have included defective starters, problem brake lines, electronic clutch shutdowns, fork malfunctions and major electrical issues. These have resulted in higher than anticipated maintenance costs and significant down time for transport and repairs. Proposal — Purchase Three (3) Honda ST 1300P motorcycles Based upon available maintenance data from other agencies and the emergence of a new police motorcycle from Honda, the Traffic Unit is requesting permission to purchase three (3) new Honda ST 1300P police motorcycles. These three new Honda motorcycles would replace the one lease return Harley- Davidson, (8032), which has not yet been replaced, and the two oldest Harley - Davidson motorcycles that we own, (8052 & 8072), which are costing us more in maintenance than we anticipated. The following is a brief maintenance cost comparison between our two identified Harley- Davidson motorcycles and a Honda ST1300 purchased by Meridian Idaho Police Department. Harley-Davidson motorcycle ( #8052) — ( purchased used with WTSC grant money for $13,795.00) 2007 Total M &O = $ 1,527 2008 Total M &O = $ 8,613 2009 YTD M &O = $ 5,809 Average annual maintenance cost, (not including fuel), for this vehicle = $5316 (Not including original equipment set -up costs - $2500- $3500) Harley- Davidson motorcycle ( #8072) — ( purchased used with WTSC grant money for $13,150.00) 2007 Total M &O = $ 924 2008 Total M &O = $ 5,554 2009 YTD M &O = $ 3,286 Average annual maintenance cost, (not including fuel), for this vehicle = $3255 (Not including original equipment set -up costs - $2500 - $3500) Honda ST 1300P (Data provided by the Meridian PD Traffic Unit) 2007 Total M &O = $ 711 2008 Total M &O = $ 731 2009 YTD M &O = $ 2386 (includes major schedule service for this year) Average annual maintenance cost, (not including fuel), for this vehicle = $1276 (Not including original equipment set -up costs - $2500 - $3500) In the last few years, several other local police agencies in our region have converted, or are in the process of converting their motorcycle fleet over, to the new Honda ST1300P police motorcycle. These agencies include Auburn, Bellevue, Centralia, Everett, Kent, King County, Kirkland, Lakewood and Snohomish County. The available data from these agencies indicates that the Honda ST is a more reliable and cost effective vehicle than the Harley - Davidson. All agencies now using the Honda ST are experiencing a decrease in maintenance costs, compared to the Harley- Davidson. We plan to initiate a competitive bid process in order to identify a qualified Honda dealership for purchasing these replacement motorcycles. The selected dealership may be willing to give the City of Federal Way fair market trade -in value for the two older Harley- Davidson motorcycles, ( #8072 & #8052), identified in this proposal. We anticipate a potential trade -in value of $8000 and $9000 dollars respectively, based upon mileage and condition. In the 4 ' quarter of 2010, four additional Harley- Davidson leased motorcycles in our fleet will need to be replaced because their respective leases will expire. Purchasing three (3) Honda ST's, as replacement bikes, now and four (4) additional Honda ST's late in 2010, will lessen the over -all operational impacts which we might otherwise experience if we purchased seven (7) motorcycles all at once in 2010. Funding Source The funds for these purchases are available from the regular Replacement Reserve monies set aside for these specific motorcycle replacements, plus additional R &R monies still remaining in several old Kawasaki R &R accounts, ( # 803, #805, and #807). Currently, the available funds in the four (4) old Kawasaki R &R accounts, plus the returned leased Harley account, ( # 8032), equal $64,658. The cost 1 - Per Traffic Officer Will Stay, Meridian PD 4'€erildials, 113. 2 for purchasing three (3) new Honda ST motorcycles is estimated to be between = $44,240 and $50,017, after subtracting the trade -in value for our two owned Harley - Davidson's — ($17,000). Honda Motorcycle and Equipment Cost Estimates * Accessory Items -Front light mounts - $ 70 -Ram mount kit for Radio head (with handlebar center cover) - $ 150 -PVP Wiring kit for ST 1300 - $125 - Custom aluminum radar mount - $ 75 -MC Front & large rear guards - $ 755 - Hondaline 12 vt accy outlet - $ 37 - Hondaline heated grip kit - $ 230 - Freight - $ 325 These three new vehicles would be assigned to and maintained by the Police Traffic Unit. Honda ST -1300P The Honda has proven to be a reliable machine for many of our neighboring agencies. We are hopeful it will become the mainstay police motorcycle for Federal Way, much as the Kawasaki KZ -1000P had been for many years. The Honda is less expensive to purchase than the Harley - Davidson and we believe it will be less expense to maintain. 3 Honda ST -1300P with Federal Way markinus South Bound Honda South Bound Honda Honda ST1300 (2009 Model) Base Price = $14,777.00 (20 10 Model) Base Price = +12% $16,550.00 Lights/Siren/Wire $2000. $2000. Radio — (Install) $250. $250. Accessories * $1770. $17709 Sub -total $18,797 $20,570 Tax 8.6% $1616.54 $1769.02 Total / each $20,413.54/each $22,339.02/each Grand Total $61,240.62 $67,017.06 * Accessory Items -Front light mounts - $ 70 -Ram mount kit for Radio head (with handlebar center cover) - $ 150 -PVP Wiring kit for ST 1300 - $125 - Custom aluminum radar mount - $ 75 -MC Front & large rear guards - $ 755 - Hondaline 12 vt accy outlet - $ 37 - Hondaline heated grip kit - $ 230 - Freight - $ 325 These three new vehicles would be assigned to and maintained by the Police Traffic Unit. Honda ST -1300P The Honda has proven to be a reliable machine for many of our neighboring agencies. We are hopeful it will become the mainstay police motorcycle for Federal Way, much as the Kawasaki KZ -1000P had been for many years. The Honda is less expensive to purchase than the Harley - Davidson and we believe it will be less expense to maintain. 3 Honda ST -1300P with Federal Way markinus COUNCIL MEETING DATE: January 19, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CHET'S ROOFING RETAINAGE RELEASE POLICY QUESTION Should the City accept the contract with Chet's Roofing as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Jan 12, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other . Step ................._......_..........................................................._............ ._............................._.__......................_......................._.............................. .._...._._...._......._._._..__ .............._...................................................._._....................._..._._.......___......._......_._..... .......__._..._....._..__...... History: The City contracted with Chet's Roofing to provide and install metal roofing on the large caretaker home located at the West Hylebos Wetland Park in the amount of $35,530.01 including tax. Chet's Roofing has completed all the work within this contract. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $32,447.50 — Contract total 3.082.51 — sales tax $35,530.01 -Total project cost $16,223.75 - 50% retainage held from the $32,447.50 Attachments: NA Options Considered: Accept the contract as complete or do not accept the contract as complete _ STAFF RECOMMENDATION Staff recommends Council accept the contract as complete and authorize staff to release retainage in the amount of $16,223.75 to Chet's Roofing. CITY MANAGER APPROVAL: W'f�`'h DIRECTOR APPROVAL: to Committee to Council to Committee To Council COMMITTEE RECOMMENDATION Forward to full Council on January 19 for approval; the acceptance of the Chet's Roofing contract as complete and auth staff to release their $16,223.75 retainage. Committee Chair PROPOSED COUNCIL MOTION: " I move to accept the contract as complete and authorize staff to release retainage in the amount of $16,223.75 to Chet's Roofing" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: Jan 19, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SECOND AMENDMENT FOR JANITORIAL SERVICES POLICY QUESTION: Should the Council authorize a second amendment to the janitorial contract with Seattle Best Services of America, Inc (SBS)? COMMITTEE: PRPSC MEETING DATE: Jan 12, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PRCS ....... ._..... -- ...... .. ........................ ... .........._._._....._.__............. ........_....._................ ....... ......... ................................ .. _....................... _._ ........ _ .... _ ............. _...- --. ..._.__..._ ............... .... _. For 2 yrs, SBS has successfully performed janitorial services at 3 City Facilities: City Hall, Police building & Steel Lake Maintenance Office. By mutual agreement we seek authorization to extend their service contract for an additional two years at the same 2009 rate of $48,000 per year. Amendment summary: $119,274 — total current operations budget for 2 years. 96,000 — total amount for a 2 year extension. (2010 -2011) $23,274 — balance remaining in the line item for cleaning services. Balance used for; carpet cleaning, window cleaning, etc by other vendors. Contract summary: $154,735.52 — original contract (2008 -2009) - 23,639.80 — reduction in service due to 2009 budget cuts. 131,095.72 - revised contract amount. +96,000.00 — recommended amount of this second amendment. $227,095.72 — total 4 year amount not to exceed. Attachments: None O bons Considered: 1 Authorize the second amendment 2. Do not authorize the second amendment ........._.......__ ........................................................................................._.._.........._........_.....__._.................._..........................................._..............._....................................---....._.....__..._...................._....._...._........................................................ .._..................__........ _._...- — -- ...._....._._.. STAFF RECOMMENDATION: Staff recommends amending the term of the contract for an additional 2 years and increasing the compensation by $96,000. CITY MANAGER APPROVAL: 1 / /' 9 1aJ 11, DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee ChailU PROPOSED COUNCIL MOTION: "I move approval to amend the term of the contract for an additional 2 years, increase the compensation by $96, 0000 and authorize the City Manger to execute the amendment " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # SUBJECT: COUNCIL COMMITTEE APPOINTMENTS POLICY QUESTION N/A COMMITTEE: MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeilly, City Clerk W(W DEPT: HR / Clerk SUMMARY: Pursuant to Section 21 of the Council Rules of Procedures, the Mayor makes Council Committee assignments in January of each year. Membership to Committees will consist of three (3) Councilmembers and appointments are for a one -year term. Attachments: Draft Council Committee Appointments Options Considered: 1. Approve Draft Council Committee Appointments as presented 2. Amend Draft Council Committee Appointments STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL: �. d,/+h DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION N/A Committee Chair Comm Member Committee Member PROPOSED COUNCIL MOTION: `I move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF Federal Way 2010 City Council Committees Appointments & Meeting Dates FINANCE, ECONOMIC DEVELOPMENT & REGIONAL AFFAIRS COMMITTEE (FEDRAC) Members: Mike Park, Chair Meets: 4 Tuesday at 5:30 p.m. Jeanne Burbidge, Member Hylebos Conference Room Jack Dovey, Member Staff: Bryant Enge /Clerk's Office LAND USE & TRANSPORTATION COMMITTEE (LUTC) Members: Dini Duclos, Chair Meets: 1 St & 3r Mondays at 5:30 p.m. Jim Ferrell, Member Council Chambers Jack Dovey, Member Staff: Cary Roe /Darlene LeMaster PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE (PRHSPSC) Members: Jeanne Burbidge, Chair Meets: 2 nd Tuesday @ 5:30 p.m. Roger Freeman, Member Hylebos Conference Room Mike Park, Member Staff: Cary Roe /Mary Jaenicke LODGING TAX ADVISORY COMMITTEE (LTAC) Members: Jack Dovey Meets: 2 nd Tuesday - 8:00 a.m. Hylebos Conference Room Staff: Patrick Doherty /Natalie Rees FEDERAL WAY GOVERNMENT LIAISON COMMITTEE (CITY, SCHOOL DIST., LAKEHAVEN UTILITY DIST. & S. KING FIRE /RESCUE) Members: Linda Kochmar & Dini Duclos Meets: As Notified CITY/CHAMBER — GOVERNMENT AFFAIRS COMMITTEE Members: Dini Duclos & Roger Freeman Staff: Chamber /Brook Lindquist Meets: 1 St Tuesday - 7:30 a.m. Chamber Offices CITY/CHAMBER - ECONOMIC DEVELOPMENT COMMITTEE Members: Linda Kochmar, Mike Park & Meets: 1S Thursday - 7:30 a.m. Jeanne Burbidge Alternating- City Hall /Chamber Staff: Chamber /Brook Lindquist SOUTH COUNTY AREA TRANSPORTATION PUGET SOUND REGIONAL COUNCIL BOARD (SCATBD) (PRSC) Members: Jeanne Burbidge Members: Jeanne Burbidge & Jack Dovey Meets: As Notified Meets: As Notified SOUTH CORRECTIONAL ENTITY (SCORE) I VALLEY COMMUNICATIONS Member: Jack Dovey & Brian Wilson Member: Jack Dovey & Brian Wilson Meets: As Notified Meets: As Notified Public Issues Committee (PIC) Member: Kochmar & Burbidge Meets: As Notified COUNCIL MEETING DATE: January 19, 201 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL S UBJECT: Enticknap Property Purchase and Sale Agreement. POLICY QUESTION Should the Council authorize staff to enter into a purchase and sales agreement for the acquisition of the Enticknap property? COMMITTEE N/A MEETING DATE N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Othe STAFF REPORT BY: William Appleton, P.E., Surface Water Attachments: 1. Staff Memorandum 2. Purchase and sales agreement. Options Considered: : Public Works 1. Authorize staff to enter into a purchase and sales agreement for the acquisition of the Enticknap property. 2. Do not authorize staff to proceed with the purchase of the Enticknap property and provide direction to staff. STAFF RECOMMENDATION Staff recommends approval of Option 1. CITY MANAGER APPROVAL: rd L� 4, 47 IItECTOR APPROVAL: A CC Committee Council Committee Council COMMITTEE RECOMMENDATION N /A; Item has by- passed the committee level and has been taken directly to City Council for approval. Chair Member Member PROPOSED COUNCIL MOTION "I move to authorize staff to enter into a purchase and sales agreement for the acquisition of the Enticknap property. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 19, 2010 TO: City Council VIA: Brian Wilson, City Manager FROM: William Appleton, P.E., Surface Water Manager SUBJECT: Enticknap Property Purchase & Sale Agreement. BACKGROUND At the October 20` 2009, City Council meeting Council accepted a $132,000 King County Conservation Futures funds for the purpose of purchasing the Enticknap property located at 3681712th Ave South This property consists of 7.15 acres of West Hylebos Creek wetland habitat and is part of the utility's on -going acquisition of high conservation value properties within Spring Valley. In December of 2010, Council authorized staff to begin formal negotiations for the purchase of the Enticknap property. Negotiations are complete and the following terms have been mutually agreed upon: 1. The City will prepare a boundary line adjustment (BLA), forming a single parcel from the entirety of lots 322104 -9141, 292104 -9112 and 35,150 square feet of parcel 322104 -9123. The remaining area of parcel 322104 -9123 will reconfigured to into the two parcels as shown in exhibit A. The cost of the BLA will be the responsibility of the City. 2. The well /spring currently serving the single family residence on parcel 322104 -9123 shall remain with that parcel. 3. The purchase price for the newly configured parcel (322104- 9141), consisting of 311,756 square feet of wetlands and headwaters of West Hylebos Creek, is $252,124.00. 4. Closing costs shall be split evenly between the City and the Owner. S. The Owner shall have naming rights to the pond located on parcel 322104 -9141. These terms fall within the constraints established by Council regarding the purchase of the property and Staff is recommending proceeding with the purchase. January 4, 2010 Mrs. Ruth Enticknap 36817 12"' Ave. South Federal Way, WA 98003 RE: City of Federal Way Conservation Property Acquisition — Tax Parcel No. 322104 -9141, 2921049112 & 322104 -9123 THIS LETTER IS FOR SETTLEMENT PURPOSES ONLY ITS CONTENT IS GOVERNED BY EVIDENCE RULE 408 This is to summarize our agreement regarding the above -referenced property. Payment for your property and/or property rights is contingent upon both the completion of a boundary line adjustment and final approval by the Federal Way City Council. The City of Federal Way (City) and Owner, agree to the following: 1. The City will prepare a boundary line adjustment (BLA), forming a single parcel from the entirety of lots 322104 -9141, 292104 -9112 and 35,150 square feet of parcel 322104 -9123. The remaining area of parcel 322104 -9123 will reconfigured to into the two parcels as shown in exhibit A. The cost of the BLA will be the responsibility of the City. 2. The well/spring currently serving the single family residence on parcel 322104 -9123 shall remain with that parcel. 3. The purchase price for the newly configured parcel (322104 - 9141), consisting of 311,756 sqft of wetlands and headwaters of West Hylebos Creek, is $252,124.00. 4. Closing costs shall be split evenly between the City and the Owner. 5. The Owner shall have naming rights to the pond located on parcel 322104 -9141. It is understood and agreed that upon executing this settlement agreement the city will begin performing the boundary line adjustment, and upon the completion, execution and recording of the BLA shall open an escrow account and deposit the full amount of the above- referenced purchase price into an interest bearing account. The Owner voluntarily agrees that the deed will be immediately recorded at the King County Auditor's office. Payment to the Owner, including any interest accrued, will not be made until all liens and encumbrances on the property to be conveyed to the City of Federal Way have been cleared and or addressed to the satisfaction of the City or within 30 calendar days of receipt of clearance documents by Pacific Northwest Title, whichever occurs first. The Owner voluntarily agrees to allow the City of Federal Way to take immediate possession of the above- referenced Parcel No. 322104 -9141 upon recording the deed. Your signature below confirms our agreement. Stephan J. Small Investors Three, LLC (Parcel 37) June 23, 2009 Page 2 of 2 CITY OF FEDERAL WAY Brian Wilson City Manager/Police Chief Date: OWNER Ruth Enticknap Owner Date: SUBJECT: Adelaide NTS - New Speed Data POLICY QUESTION N /A. Item is for information only. COMMITTEE Land Use and Transportation Committee MEETING DATE January 4, 2010 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P_E., City Traffic Engineer DEPT: Public Work At the November 2, 2009 Committee meeting, the Committee requested staff conduct new speed counts on 21" Avenue SW near SW 304` Street in response to citizen concerns. In addition to the data presented in the LUTC memo, Police were able to observe traffic speeds in order to address the allegation that the speed data collected from the tube counters were not reflective of actual speeds. Police monitored speeds from an inconspicuous location and concluded that the average speed was 24 mph, close to but less than observed from the tube counts. In addition, no drivers were observed to decelerate within the vision of the police car's location. As such, there appears to be no evidence to support the contention that the presence of the tube counters influenced the recorded speeds or that the tube count data is not reflective of driver behavior. Attachment: Memorandum to Land Use and Transportation Committee dated January 4, 2010. Options Considered: N /A. Item is for information only. STAFF RECOMMENDATION N /A. Item is for information only. CITY MANAGER APPROVAL N/A �, ,,I�, I 3/ DIRECTOR APPROVAL N/A Committee Council Committee Council COMMITTEE RECOMMENDATION N /A. Item is for information only. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION No motion necessary. Item is for information only. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 4, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager FROM: Rick Perez, P.E., City Traffic Engineer SUBJECT: New Speed Data for Adelaide NTS Petition BACKGROUND: At the November 2, 2009 Committee meeting, the Committee requested staff conduct a new speed study on 21' Avenue SW to determine the extent of changes in traffic conditions from previous studies. The new studies indicate that speeds have crept upward on the northerly segment on 21" Avenue SW (near SW 304 Street), but remained the same near SW 307`" Street. Using the adopted Neighborhood Traffic Safety (NTS) Program criteria, the intersection of 21' Avenue SW at SW 304 ' Street would score 1.5 points for speed, 0 points for volume, 0.5 point for having a school crossing, and 0 points for collision history. As such, the request for the all -way stop at 21' Avenue SW at SW 304` Street still does not meet NTS criteria. Furthermore, under current policy, the petition cannot be reconsidered until 2011. One non -injury collision has been reported at this intersection since 2004. Another collision occurred in 2009 west of the intersection where the driver reportedly ran the stop sign on SW 300 Street. It is not likely that either of these collisions would have been prevented by the installation of an all -way stop. SUBJECT: CRIMINAL CODE UPDATE — DOG BREEDING PRACTICES POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND FEDERAL WAY REVISED CODE 9.10.010 TO INCORPORATE STATE LAW REGARDING DOG BREEDING PRACTICES? COMMITTEE PRHS &PS MEETING DATE: January 12, 2009 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law On April 30, 2009, the State Legislature passed Senate Bill 5651 that adds a new section to Chapter 16.52 RCW. This new section creates requirements for breeders regarding the number of dogs a breeder can have and sets minimum conditions for how breeding dogs are to be treated. A violation of these new standards for dog breeders would be a gross misdemeanor. This new section of Chapter 16.52 RCW took effect January 1, 2010. This proposed ordinance would amend the Federal Way Revised Code to add this new crime. Attachments: Proposed ordinance amending FWRC 9.10.010 to incorporate State Law — Dog Breeding Practices. Options Considered: 1. Approve the proposed ordinance modifying FWRC 9.10.010. 2. Reject the proposed ordinance modifying FWRC 9.10.010 STAFF RECOMMENDATION Approve Option 1 CITY MANAGER APPROVAL: AW" t / USI � t J DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: Committee Chair PROPOSED COUNCIL MOTION: "I move 9proval of Option I modifying Federal Way Revised Code 9.10.010 " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 15 reading ❑ 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 of Federal Way, Washington, relating to Dog Breeding Practices; amending FWRC 9.10.010. (Amending Ord. Nos. 09 -592, 01 -394, 92 -153, 90 -30) WHEREAS, Federal Way Revise Code ( "FWRC ") 9.10.010 adopts criminal statutes by reference to the State Law as codified in the Revised Code of Washington ( "RCW "); and WHEREAS, the Washington State Legislature has added a new section to Chapter 16.52 RCW related to dog breeding practices; and WHEREAS, this new section, RCW 16.52.310, limits the number of dogs a person may own for breeding purposes and creates requirements for how breeding dogs must be treated; and WHEREAS, a person who violates the requirements of RCW 16.52.3 10 is guilty of a gross misdemeanor; and WHEREAS, FWRC 9. 10.010 does not reference RCW 16.52.310; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to incorporate the State Law into the FWRC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 . FWRC 9.10.010 shall be amended to read as follows: 9.10.10 Cruelty declared unlawful. The following state statutes are adopted by reference: RCW 16.52.011 Definitions - Principles of liability 16.52.015 Enforcement — Law enforcement agencies and animal care and control agencies. 16.52.080 Transporting or confining in unsafe manner - Penalty 16.52.085 Removal of animals for feeding — Examination — Notice — Euthanasia 16.52.090 Docking horses — Misdemeanor Ordinance No.10- Page I of 3 16.52.095 Cutting ears — Misdemeanor 16.52.100 Confinement without food and water —Intervention by others 16.52.110 Old or diseased animals at large 16.52.117 Animal fighting — Owners, trainers, spectators — Exceptions 16.52.165 Punishment — Conviction of misdemeanor. 16.52.180 Limitations on application of chapter. 16.52.185 Exclusions from chapter 16.52.190 Poisoning animals. 16.52.193 Poisoning animals — Strychnine sales — Records — Report on suspected purchases. 16.52.195 Poisoning animals — Penalty. 16.52.200 Sentences Forfeiture of animals — Liability for costs — Civil penalty — Education, counseling. 16.52.210 Destruction of animal by law enforcement officer — Immunity from liability. 16.52.220 Transfers of mammals for research — Certification requirements — Pet animals. 16.52.230 Remedies not impaired. 16.52.300 Dogs or cats used as bait — Seizure — Limitation. 16.52.310 Dog breeding - Limit on the number of dogs — Required conditions — Penalty - Limitation of section — Definitions. Section 2. Severability. 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. Ordinance No. 10- Page 2 of 3 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 , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 1/12/2010 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 10- Ordinance No.10- Page 3 of 3